They didn't have a trauma expert testify because they're not allowed to anymore. The system has explicitly decided that judges must be the ones to provide that context.
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In anycase, it was a strategic decision by Crown. They now have the opportunity to appeal the decision and we will see what the outcome is if they do.
jul 29, 2025, 3:55 pm • 0 0 • view
The Ontario Coalition of Rape Crisis Centres (OCRCC) stated “Without expert witnesses testifying about how complainants respond to trauma, defence counsel were able to discredit E.M. by painting her as a liar... based on behaviours we know are actually very common responses to trauma."
jul 29, 2025, 3:49 pm • 0 0 • view
This isn't correct. In R. v. Hoggard August 2024 Ontario Court of Appeal, expert evidence on trauma is seen as unnecessary except in rare, compelling circumstances. It did not prohibit the use of experts. It is still remains that a judge can only consider evidence presented during the trial
jul 29, 2025, 3:34 pm • 0 0 • view