R. v. Stearns

R. v. Stearns

The trial judge found Constable Rowat's evidence on consumption rates of fentanyl and methamphetamine to be relevant and necessary under the Mohan test, distinguished Liu and Sekhon as addressing propensity/anecdotal evidence that did not apply here, and certified Rowat as an expert in the areas sought by the Crown while reserving weight assessment for the trial.

Citation
2020 BCSC 1735
Parties
Prosecution: Regina; Accused: Layton Daniel Stearns
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 October 2020
Procedural Posture
Criminal Controlled Drugs and Substances Act (possession for Purpose of Trafficking) / Voir Dire on Expert Qualification (crown's Case)
Outcome
Defence objection dismissed; Constable Rowat certified as an expert on consumption of fentanyl and methamphetamine
Legal Topics
Expert Qualification, Mohan Test, Relevance and Necessity, Consumption Rates, Possession for Purpose of Trafficking, Voir Dire
Source Language
English
Criminal Law Evidence Expert Evidence Controlled Drugs and Substances Expert Qualification Mohan Test Relevance and Necessity Consumption Rates +2 more

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Parties

Regina

Prosecution

Layton Daniel Stearns

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (possession for Purpose of Trafficking) / Voir Dire on Expert Qualification (crown's Case)

Legal Issues

  1. 1 Whether Constable Rowat is qualified as an expert on consumption rates for fentanyl and methamphetamine
  2. 2 Whether proposed expert evidence meets relevance and necessity under R. v. Mohan
  3. 3 Whether anecdotal or experiential evidence from a peace officer renders the expert evidence legally irrelevant (R. v. Liu, R. v. Sekhon)

Ratio Decidendi

The trial judge found Constable Rowat's evidence on consumption rates of fentanyl and methamphetamine to be relevant and necessary under the Mohan test, distinguished Liu and Sekhon as addressing propensity/anecdotal evidence that did not apply here, and certified Rowat as an expert in the areas sought by the Crown while reserving weight assessment for the trial.

Court Disposition

Defence objection dismissed; Constable Rowat certified as an expert on consumption of fentanyl and methamphetamine

Orders

  • Defence objection to Constable Matthew Rowat being certified as an expert on consumption of fentanyl and methamphetamine is dismissed
  • Constable Matthew Rowat is qualified as an expert in the areas sought by the Crown including consumption rates for fentanyl and methamphetamine