Appeal from jury conviction of failing to provide necessaries of life. Appellants’ son died of meningitis. Child was treated with natural remedies but not taken to a doctor until he stopped breathing and appellants called 911. At trial, Crown called 5 medical experts. Issue on appeal of whether trial judge erred in not limiting this expert evidence.
Held: Appeal dismissed.
At trial, defence only raised the issue of repetitive evidence after the third doctor testified. Accused must bring a timely objection with a clear policy ground for exclusion. “While White Burgess [2015 SCC 23] counsels caution about admission of expert evidence because of the impressive…or the overwhelming nature…the factor of potential overlap is not a general norm of exclusion by itself”. Trial judge’s conclusion that evidence was probative and not repetitive was reasonable. O’Ferrall JA dissented on other grounds.
K. Molle, H. Ferg – Defence Counsel