Expert Evidence |

Expert Evidence

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Professionalism (Ethics, etc.): 0.25
15 minutes
Substantive: 0.5
30 minutes
Michael Davies
Brett McGarry
Palma Paciocco
County of Carleton Law Association (CCLA)
45 minutes
$89.00 plus tax
31st Annual Criminal Law Conference 2019
Includes Handouts

Two defence lawyers and a professor will provide an overview on the law related to expert evidence, including statutory requirements, the case law on qualifying a witness as an expert, areas of expertise recognized by the court, and police officers as expert witnesses. Panelists will also discuss strategies for challenging Crown experts, including when to retain your own expert to assist in that challenge. Professionalism content includes:

  • 1.6 Duties related to advocacy and acting for your client
  • 1.15 Required conduct of lawyers or paralegals arising from statute, legislation or other legal authorities
  • 4.1 Practising with civility in the courtroom or the boardroom
  • 4.2 Treating the court, tribunal, opposing counsel, parties and others with courtesy and respect
  • 4.3 Refraining from sharp practice
  • 4.6 Complying with parameters for communicating with witnesses giving evidence


Michael Davies

Michael has been practicing criminal law, both trials and appeals, since his call to the bar in 1995. Michael is a leading lawyer on mental health law. He regularly appears before the Ontario Review Board and the Consent and Capacity Board. He is frequently appointed as amicus curiae (friend of the court) by the Ontario Court of Appeal in cases involving individuals with mental disorders. Michael graduated from the University of Western Ontario Law School in 1993. He subsequently earned an LL.M. from Queen’s University Law School focusing on remedies to Charter violations in criminal cases. Prior to entering law school he earned a Ph.D. in Neuroscience from the University of Wales. Michael has been an Ottawa Area Director for the Ontario Criminal Lawyers’ Association. He has taught at Carleton University and has previously taught at the law, medical and nursing schools of Ottawa University.

Brett McGarry

Brett McGarry is a partner at Lyttle McGarry Del Greco LLP, an Ottawa based firm that defends serious criminal and regulatory charges. He was called to the Bar of Ontario in 2008, after clerking for the Superior Court of Justice of Ontario.

Palma Paciocco

Palma Paciocco is an Assistant Professor at Osgoode Hall Law School of York University. She holds an S.J.D. degree from Harvard Law School, B.C.L. and LL.B. degrees from the McGill Faculty of Law, and a B.A. in philosophy and history from the McGill Faculty of Arts. Professor Paciocco served as a law clerk to the Honourable Justice Louise Charron of the Supreme Court of Canada and is called to the Bars of Ontario and New York. Her teaching and research interests are in the areas of criminal law and theory, criminal procedure, evidence, sentencing, and professional ethics.

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