View source for Expert Evidence in Psychology and Psychiatry

{{LevelOne}}
{{HeaderOpinions}}
==General Principles==
<!-- -->
In one or more occasions, experts have been qualified to give opinion in several fields related to psychology and psychiatry:
* effect of battered wife syndrome <ref>R v Bernardo, [http://canlii.ca/t/1fb38 2000 CanLII 5678] (ON CA)<br>
R v DSF, [http://canlii.ca/t/1f9cp 1999 CanLII 3704] (ON CA), [1999] O.J. No. 688 (ONCA) - admitted for limited purpose of evaluating the complainant’s explanation as to why, following some of the alleged incidents of abuse, she did not immediately leave the relationship and accurately report the abuse<br>
c.f. R v Nelson [2001] O.J. No. 2354{{NOCANLII}} - qualified but not permitted to speak on issues of trends of victims to lie about abuse</ref>
* memory process in delayed recall<ref>
R v O'Dell,[http://canlii.ca/t/1f1hx 2001 CanLII 8624] (ONCA)<br>
R v Tayebi, [http://canlii.ca/t/1fn03 2000 BCSC 819] (CanLII)</ref>
* memory loss<ref>
R v Wald, [http://canlii.ca/t/1p6jt 1989 ABCA 49] (CanLII)
</ref>
* inconsistencies and recantations of sexual abuse victims<ref>
R v Talbot, [http://canlii.ca/t/1f87p 2002 CanLII 23584] (ON C.A.)</ref>
* the general behavioural and psychological characteristics of child victims of sexual abuse<ref>
see R v Olscamp, [http://canlii.ca/t/1wctg 1994 CanLII 7553] (ON SC)<br>
R v K,A, [http://canlii.ca/t/1f9pr 1999 CanLII 3793] (ON CA)<br>
R v DED, [http://canlii.ca/t/2bw4z 1994 CanLII 9263] (NS SC)<br>
see also R v GC, [http://canlii.ca/t/1wd05 1997 CanLII 12448] (ON SC) - rejected evidence</ref>
* "risk assessments and the measure of psychopathology and personality functioning and treatment for youth and adults."<ref>R v Skeete, [http://canlii.ca/t/fvm5s 2013 NSPC 3] (CanLII) at para 5 - qualifying a clinical psychologist</ref>
* forensic psychology including automatism <ref>R v Cameron, [http://canlii.ca/t/fw8gg 2013 ONSC 1203] (CanLII)</ref>
* "clinical psychology and the administration and interpretation of psychological tests and risk assessment tools relative to criminal offenders"<ref>
R v RFL, [http://canlii.ca/t/fm8cf 2011 ONSC 1900] (CanLII) at para 171</ref>
* evidence as to the concept of ‘honour killings’ and its reality in Afghanistan and elsewhere in the world<ref>
R v Sadiqi, [http://canlii.ca/t/24m43 2009 CanLII 37350] (ON SC), 
</ref>

{{reflist|2}}

==PTSD==

'''"Battered Wife" Syndrome'''<br>
Psychological evidence of battered wife syndrome can be admitted for several purposes:<ref>
R v Lavallee, [http://canlii.ca/t/1fsx3 1990 CanLII 95] (SCC), [1990] 1 SCR 852 at p. 889 to 890
R v Knott, [http://canlii.ca/t/g6ktk 2014 MBQB 72] (CanLII), at paras 78 to 83<br>
</ref>
# to assist the fact-finder in drawing inferences in areas where the expert has relevant knowledge or experience beyond that of the lay person.
# dispelling myths of the syndrome such as exaggeration, a masochistic desire for harm, or negative inferences from missed opportunities to leave.
# the limited ability of the victim to perceive dangers and form reasonable apprehension of death or bodily harm on a particular occasion;
#  evidence pertaining to why an accused remained in the battering relationship as relevant in assessing the nature and extent of the alleged abuse;
# provide an explanation as to why an accused did not flee when she perceived her life to be in danger, expert testimony may also assist the jury in assessing the reasonableness of her belief that killing her batterer was the only way to save her own life.

{{Reflist|2}}

==See Also==
* [[Established Fields of Expert Evidence]]