In the last few weeks and months, two significant Judgments examining the reliability of forensic psychiatric evidence in the context of Dangerous Offender applications have been released. Both relate to reports and testimony of the same psychiatrist.

To really get the full flavour of these important Judgments and for the most precise facts in evidence, you’ll want to review the Judgments yourself carefully here:

R. v. Nettleton, 2023 ONSC 3390  

R. v. Hason, 2024 ONCA 369

Because these cases are significant and may have broader implications for how the criminal justice system handles such reports and testimony, I sat down with Maya Shukairy who hosts WiCCD’s YouTube programs including the Who Cares?? Series which examines hot topics in criminal law and beyond.

My colleague the incomparable Amy Ohler joins us.

You can tune in to learn more on Sunday June 2, 2024 at 6:00 am here:

Other Cases Discussed in this Episode that lawyers interested in this issue may want to review include:

R. v. Minassian, 2021 ONSC 1258 at para 254 in particular; and

Mohamed Adam Bharwani v. His Majesty the King

As some of these issues make their way to the Supreme Court of Canada in Bharwani, the SCC’s docket page provides all the case information here including links to the Facta as filed, and eventually when we have a date, the live stream and archived webcast of the litigation of collateral issues regarding the introduction of credibility findings in earlier cases, as well as ultimately the Judgment, which may determine these issues.

Final disclaimer, rather than relying on my own recollection of the finer details of any of the cases mentioned in our WiCCD YouTube episode, it is important to review the actual cases for completeness, clarity and accuracy. All these cases are significant in their own right, so you can be assured you would not be wasting your time.

We appreciate the time you took to watch the episode and to turn your mind to these important issues.