R. v. Stearns
- Citation
- 2020 BCSC 1672
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 6 October 2020
- Posture
- Criminal / Voir Dire (in Chambers)
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 6 October 2020
- Posture
- Criminal / Voir Dire (in Chambers)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court certified Constable Floyd as an expert in the areas identified at the beginning of his evidence because he met the criteria for qualification as an expert.
Court disposition
Constable Floyd certified as an expert in the areas identified at the beginning of his evidence; voir dire concluded.
Orders
- Constable Floyd is certified as an expert in the areas identified at the beginning of his evidence.
- Voir dire concluded.
02
Material facts
Parties
Regina
Prosecutor Counsel: M. AdamsLayton Daniel Stearns
Accused Counsel: M. Munro03
Procedural history
Posture
Criminal / Voir Dire (in Chambers)
04
Questions and positions
Legal issues
- 01
Whether Constable Floyd should be certified as an expert in the areas identified at the beginning of his evidence
- 02
Admissibility of expert testimony
Party arguments
- Applicant
- The Crown submitted that Constable Floyd possessed the requisite training, experience and expertise to be qualified as an expert in the areas identified at the outset of his evidence and sought certification.
- Respondent
- The defence challenged the certification on foundational and admissibility grounds.
05
Court’s reasoning
Legal principles
- 01
Common law (Mohan criteria)
Expert evidence is admissible only if the witness is properly qualified by education, training or experience and the evidence is necessary and reliable.
06
Ratio, limits and disposition
Ratio decidendi
The court certified Constable Floyd as an expert in the areas identified at the beginning of his evidence because he met the criteria for qualification as an expert.
Obiter and limits
- The voir dire is concluded.
- Decision delivered in chambers.
Court disposition
Constable Floyd certified as an expert in the areas identified at the beginning of his evidence; voir dire concluded.
- Constable Floyd is certified as an expert in the areas identified at the beginning of his evidence.
- Voir dire concluded.
Source and reliance status
Supreme Court of British Columbia · 6 October 2020
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 6 October 2020
2020 BCSC 1672 R. v. Stearns
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Stearns, 2020 BCSC 1672 Date: 20201006 Docket: 179134-2 Registry: Victoria Regina v. Layton Daniel Stearns Before: The Honourable Mr. Justice Steeves Ruling on Voir Dire #1 (In Chambers) Counsel for the Crown: M. Adams Counsel for the Accused: M. Munro Place and Date of Trial/Hearing: Victoria, B.C. October 6, 2020 Place and Date of Judgment: Victoria, B.C. October 6, 2020 [1] THE COURT: Constable Floyd is certified as an expert in the areas identified at the beginning of his evidence. [2] I think that concludes the voir dire. "J. J. Steeves, J." The Honourable Mr. Justice Steeves
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