By William E. McNally and Barbara E. Cotton

The trend of the courtrooms to more readily accept expert evidence, including expert evidence in the “soft sciences”, has been quite marked. Mister Justice Finlayson of the Ontario Court of Appeal commented upon this in R. v. McIntosh, wherein he stated: “the courts are overly eager to abdicate their fact-finding responsibilities to experts in the field of the behavioral sciences” and chastised prosecutors for relying too heavily on the soft sciences.

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