The role of the expert witness in Canadian dangerous offender hearings

Abstract

Part XXIV of the Canadian Criminal Code, under which certain offenders may be designated “dangerous offenders”, has recently been revised. This article provides a summary of the changes and legislation as it now stands, and reviews the role of the mandated expert witness. It is implied that: (1) Expert testimony in Canadian dangerous offender hearings should not address the ultimate issue of dangerousness. (2) Psychiatric testimony should focus on the mental state and personality of the offender. (3) Psychometric assessments of risk may supplement a psychiatric assessment but should not replace it.