Hyde (Re)

The judge declined to admit Dr. Webster’s written report into evidence because it was not sufficiently focused or necessary given the Inquiry record and issues in sharper focus, but concluded Dr. Webster is likely qualified to give live opinion evidence on limited topics (use of force from a crisis intervention/psychology perspective) and ordered a focused interview and testimony on specified issues while reserving rulings on admissibility or weight of any opinions until after live evidence is heard.

Citation: 2010 NSPC 22
Parties: Inquiry Counsel: Acting Inquiry Counsel; Crown/representing Government Interests: Attorney General; Affected Parties/interested Parties: Joanna Blair and Dr. Hunter Blair; Interested Union Party: Nova Scotia Government and General Employees' Union; Respondent/objecting Party: Halifax Regional Police Service; Interested Health Authority: Capital District Health Authority; Interested Individual/physician: Dr. Janet MacIntyre; Interested Individual/physician: Dr. Stephen Curry; Interested NGO: Schizophrenia Society of Nova Scotia; Interested NGO: Canadian Mental Health Association; Deceased (subject of Inquiry): Howard Hyde
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 15 February 2010
Procedural Posture: Fatality Inquiry Under the Fatality Investigations Act / Pre Hearing Admissibility Decision / Direction to Interview Expert
Outcome: Dr. Webster’s May 3, 2009 report is not admitted into evidence; Dr. Webster may be qualified and will be interviewed and may testify on specified, limited topics; admissibility and weight of his oral evidence reserved for later determination.
Legal Topics: Admissibility of Expert Evidence, Use of Force, Crisis Intervention, Bias in Expert Testimony, Conducted Energy Weapons (tasers)
Source Language: English

Administrative Law Evidence Police Law Health/mental Health Law Admissibility of Expert Evidence Use of Force Crisis Intervention Bias in Expert Testimony +1 more

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Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3

Parties

Acting Inquiry Counsel

Inquiry Counsel

Attorney General

Crown/representing Government Interests

Joanna Blair and Dr. Hunter Blair

Affected Parties/interested Parties

Nova Scotia Government and General Employees' Union

Interested Union Party

Halifax Regional Police Service

Respondent/objecting Party

Capital District Health Authority

Interested Health Authority

Dr. Janet MacIntyre

Interested Individual/physician

Dr. Stephen Curry

Interested Individual/physician

Schizophrenia Society of Nova Scotia

Interested NGO

Canadian Mental Health Association

Interested NGO

Howard Hyde

Deceased (subject of Inquiry)

Procedural Posture

Fatality Inquiry Under the Fatality Investigations Act / Pre Hearing Admissibility Decision / Direction to Interview Expert

Legal Issues

1 Whether Dr. Michael Webster’s May 3, 2009 report should be admitted in evidence
2 Whether Dr. Webster is properly qualified to give opinion evidence on use of force from a crisis intervention/psychology of conflict perspective
3 Whether the report is vexatious, biased or outside the scope of his expertise

Ratio Decidendi

Court Disposition

Dr. Webster’s May 3, 2009 report is not admitted into evidence; Dr. Webster may be qualified and will be interviewed and may testify on specified, limited topics; admissibility and weight of his oral evidence reserved for later determination.

Orders

Acting Inquiry Counsel shall interview Dr. Michael Webster on the specified topics and obtain a transcript or disk of the interview as soon as possible
Do not refer to, nor shall Dr. Webster refer to, his May 3, 2009 report during the interview or his testimony before the Inquiry