Hyde (Re)

Hyde (Re)

Judge Derrick found Dr. Michael Webster is qualified to give opinion evidence on crisis intervention in the context of use of force and on the psychology of conflict; his evidence is sufficiently reliable and relevant for admission, allegations of bias and limited practical use-of-force experience do not disqualify him, and any limits on weight or scope will be addressed through scrutiny and cross-examination by the Inquiry.

Citation
2010 NSPC 23
Parties
Deceased: Howard Hyde; Inquiry Counsel: Acting Inquiry Counsel; Attorney General: Attorney General; Interested Party: Nova Scotia Government and General Employees' Union; Interested Parties: Joanna Blair and Dr. Hunter Blair; Respondent/interested Party: Halifax Regional Police Service; Interested Party: Capital District Health Authority; Interested Party: Dr. Janet MacIntyre; Interested Party: Dr. Stephen Curry; Interested Party: Schizophrenia Society of Nova Scotia; Interested Party: Canadian Mental Health Association
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 February 2010
Procedural Posture
Inquiry Under the Fatality Investigations Act / Decision on Admissibility of Expert Opinion Evidence
Outcome
Dr. Webster qualified to give opinion evidence on crisis intervention in the context of use of force and the psychology of conflict; his opinion evidence will be admitted subject to the court's assessment of weight and scope
Legal Topics
Expert Evidence Admissibility, Bias of Expert Witnesses, Use of Force, Crisis Intervention, Qualification of Expert Witnesses, Reliability and Relevance
Source Language
English
Administrative Law Evidence Police Law Mental Health Law Expert Evidence Admissibility Bias of Expert Witnesses Use of Force Crisis Intervention +2 more

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Parties

Howard Hyde

Deceased

Acting Inquiry Counsel

Inquiry Counsel

Attorney General

Attorney General

Nova Scotia Government and General Employees' Union

Interested Party

Joanna Blair and Dr. Hunter Blair

Interested Parties

Halifax Regional Police Service

Respondent/interested Party

Capital District Health Authority

Interested Party

Dr. Janet MacIntyre

Interested Party

Dr. Stephen Curry

Interested Party

Schizophrenia Society of Nova Scotia

Interested Party

Canadian Mental Health Association

Interested Party

Procedural Posture

Inquiry Under the Fatality Investigations Act / Decision on Admissibility of Expert Opinion Evidence

Legal Issues

  1. 1 Whether Dr. Michael Webster is qualified to give expert opinion evidence on crisis intervention in the context of use of force
  2. 2 Whether Dr. Webster is qualified to give opinion evidence on the psychology of conflict
  3. 3 Whether Dr. Webster is biased such that his evidence should be excluded

Ratio Decidendi

Judge Derrick found Dr. Michael Webster is qualified to give opinion evidence on crisis intervention in the context of use of force and on the psychology of conflict; his evidence is sufficiently reliable and relevant for admission, allegations of bias and limited practical use-of-force experience do not disqualify him, and any limits on weight or scope will be addressed through scrutiny and cross-examination by the Inquiry.

Court Disposition

Dr. Webster qualified to give opinion evidence on crisis intervention in the context of use of force and the psychology of conflict; his opinion evidence will be admitted subject to the court's assessment of weight and scope

Orders

  • Dr. Webster is qualified to give opinion evidence on crisis intervention in the context of use of force and on the psychology of conflict.
  • Acting Inquiry Counsel was instructed to interview Dr. Webster on identified areas and a transcript of that interview has been provided to counsel.