Child sexual assault trial. Crown called and qualified Dr. Lionel Dibden as a pediatrician with expertise in the medical assessment of child physical and sexual abuse. No evidence of any injury to the child’s genital anatomy was discovered. Issue as to whether the Dr. should be permitted to offer the opinion that: “the genital findings … neither confirm nor rule out the possibility of sexual abuse.”

Held: Opinion inadmissible.

Mohan [1994] 2 SCR 9 factors reviewed. Necessity in assisting the trier of fact not established. The evidence was neutral at best, and did not confirm or deny anything. Further, the opinion that the absence of injury could result in a “commonly held misconception … that nothing had happened” was not supported by the academic literature, nor Dr. Dibden’s own personal experience.

A. Allen-Lloyd – Defence Counsel