Expert Opinion Evidence (Conflict in Opinions of Experts of Opposing Parties in Relation to an Essential Element that the Crown Must Prove)

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

10.4 Expert Opinion Evidence (Conflict in Opinions of Experts of Opposing Parties in Relation to an Essential Element that the Crown Must Prove)

(Last revised June 2012)

[1] There is a disagreement between (among) the expert opinions of (identify witnesses by name) about (describe briefly subject-matter of dispute).

[2] The issue on which these experts (or (NOW)s) differ is an essential element that the Crown must prove beyond a reasonable doubt. Before you accept the opinion of the Crown’s expert on this issue you must be satisfied beyond a reasonable doubt that s/he is correct. If you are not sure that s/he is correct, then the Crown has failed to prove beyond a reasonable doubt that essential element of the offence charged.[72]

[72] It may be preferable to add a brief statement of the effect of a reasonable doubt on the verdict to be returned. In some cases, the result may be a complete acquittal. In others, it may only be an acquittal on the principal offence, or an exclusion of a particular basis of liability, or a conviction on a lesser included offence.