SUPREME COURT OF CANADA - A DRE IS A "DRUG RECOGNITION EXPERT"

In a 5 - 2 decision released February 23rd, the Supreme Court of Canada ruled that a drug evaluating officer's opinion can be admitted as expert evidence at trial without first requiring a voir dire to determine the admissibility of the evidence.  R. v. Bingley, 2017 SCC 12 (see October 15, 2016 blog entry for the earlier decisions):

A DRE is a “drug recognition expert”, certified as such for the purposes of the 12‑step evaluation. By reason of his training and experience, a DRE undoubtedly possesses expertise on determining drug impairment that is outside the experience and knowledge of the trier of fact. He is thus an expert for the purpose of applying the 12‑step evaluation and determining whether that evaluation indicates drug impairment. His expertise has been conclusively and irrebuttably established by Parliament. Knowledge of the underlying science is not a precondition to the admissibility of a DRE’s opinion. Such knowledge is required only where the science is novel. The purpose of the special rule for novel science is to ensure that the reliability of the evidence is established by precedent, evidence or statute. In this case, the reliability of the 12‑step evaluation comes from the statutory framework itself.