Admissibility of Expert Witness Evidence

The principles of fire scene investigations have never changed, only the amount of scrutiny has. This is very much apparent when examining how fire investigators are handled has expert witnesses in a court of law.

An expert witness is someone who testifies under oath, and whom the court considers to have sufficient expertise in their field of study that he/she can testify about more than just what they have seen, heard, or experienced. An expert witness can tell the court about what conclusions they would reach as a result of certain facts presented to them. An expert witness is also allowed to testify on any opinions that they might have regarding the case. To obtain expert witness status, there is a pre-screening process conducted by the attorneys in the case to discuss proper qualifications and experience, usually at voir dire.

To ensure that the expert witness is qualified, and the testimony they are giving is generally accepted within their respective field, the information they present must pass 'The Mohan Test'. This principle was developed in 1994 in, Her Majesty the Queen vs. Mohan ([1994] 2 S.C.R 9). This makes sure that:

(1) The information is relevant to the proceedings;
(2) The information assists the trier of fact;
(3) It is with the absence of an exclusionary rule; and
(4) The expert is properly qualified.


Brian Brown and Associates Inc. has many court qualified experts who would be more than happy to assist in any court related information that you may be pursuing.