Undeniable Harms: Expert Evidence, Parental Capacity, and Cultural Bias in Child Protection Cases
Section 37(2) of the Child and Family Services Act (the “CFSA”) provides that, “in order to determine the best interests of the child, the judge or master may direct an investigation” into the matter. In child protection cases, where a Child and Family Services (“CFS”) agency seeks to establish a permanent order of guardianship over a child, the investigation will take the form of a parental capacity assessment. Parental capacity assessments (“PCAs”) are a form of expert evid
R v Webbe-Wong: A Reminder of the Frailties of Cross-Racial Identification Evidence
On its own merits, eyewitness evidence is problematic and poses challenges to the truth-finding function of Canada’s legal system. Every individual, and thus every eyewitness, is affected by biases and prejudices that can make it more difficult to assess who or what was seen at the time a crime took place. This paper will explain that reliability issues with eyewitness testimony are aggravated by cross-racial bias.
R v Turpin: Revising Admissibility of Expert Opinion Evidence in NB - W. McArthur
R v Turpin: Revising the Law Surrounding the Admissibility of Expert Opinion Evidence in New Brunswick by Weston McArthur In the Ontario...
