In this episode of Not on Record, hosts Josephn and Diana discuss a recent Ontario Court of Appeal case that addresses concerns about expert evidence in sexual assault trials. They explore the admissibility of expert testimony on the neurobiology of trauma and its effects on memory, highlighting potential issues with such evidence. The hosts examine the legal framework for admitting expert evidence, including the Mohan test and subsequent case law. They emphasize the importance of scrutinizing expert testimony to prevent wrongful convictions and distinguish between hard and soft sciences in expert evidence.
