Experts in Criminal Litigation: The indispensable tool in raising reasonable doubt
in tricky prosecutions 

Chaired by Danielle Ching McNamee, Paul Kent, Carly Peddle

Wednesday 16 September 2026
In-Person (Pinnacle Hotel Harbourfront, Vancouver) AND Virtual
9:00 am - 5:00 pm
6 CPD credits, including one hour of professional responsibility and ethics, client care and relations, and/or practice management embedded

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ABOUT THIS COURSE:
Introducing expert evidence as part of the defence case is a vital part of counsel’s strategic decision making in a criminal prosecution. Although expert evidence does not feature in every criminal matter, where counsel perceive the necessity of introducing expert evidence, it is imperative to have a working fluency on the appropriate procedure. Questions about whether to retain an expert, decisions on how to frame the requested opinion, disclosure-related problems and other issues frequently plague defence counsel. Knowing how to handle such problems is critical to ensuring the client is zealously defended.

This conference will feature a selection of experienced and knowledgeable panelists who will discuss recent developments in authoritative jurisprudence related to the tendering of expert evidence.  Panelists comprising both experts in their related field and trial counsel will discuss highlights of both niche and frequently called upon areas of expertise in criminal litigation. The anticipated panelists will present subject matter expertise in the fields relating to forensic DNA; experts in the fields of “sexsomnia” and other disorders; forensic toxicologists and accident reconstruction expert evidence; forensic psychiatry and forensic pathology.

The aim of this conference is to allow criminal law practitioners to benefit from hearing the varied experience and knowledge of experts who have had experience testifying in criminal law courts, and from trial counsel on pitfalls to avoid and the appropriate conduct of a criminal case where expert evidence is tendered whether by Crown or called by the defence.  

PROGRAM:

Back to Basics: Legal framework and expert evidence in criminal law
GAREN ARNET-ZARGARIAN, Coast Legal, Vancouver
REBECCA McCONCHIE, McConchie Criminal Law, Vancouver
Outline of the legal framework for determining admissibility of expert evidence in criminal proceedings. Discussion on common sticking points including the necessity of experts in assisting the trier of act, how to establish or challenge this necessity, and the meaning of “properly qualified expert”. Review of the White Burgess test, including reference to Abbey, Mohan, and Trochym.

Disclosure and Production in the Expert Context: Common pitfalls in retaining an expert
Discussion on when to hire your own expert. Discussion on challenging Crown’s expert including requesting disclosure and defence expert reports (what to include in the instruction letter, etc.). 

Forensic DNA Experts: Lynchpin to exoneration in difficult cases
DR. DEAN HILDEBRAND, BCIT, Burnaby
Discussion on the uses of DNA expert opinion and case studies where DNA has successfully exonerated (ex. Guy Paul Morin) and common usage in BC criminal trial courts.

Homicide in Motor Vehicle Cases: Experts in accident reconstruction and forensic toxicology
GRANT GOTTGETREU, Gottgetreu Consulting, Vancouver
KYLA LEE, Acumen Law Corporation, Vancouver
Discussion focussed on experts usually presented in dangerous driving causing death, impaired and other motor vehicle related cases.  

Expert Evidence Unique to Sexual Offence Prosecutions
Discussion focussed on experts in sexual assault cases. Topics include sexomnia/sleep disorders, existence of autism/Asperger’s Syndrome (leading to an inability to read body language), and the use of sexual assault nurse examiners. 

Forensic Psychiatry and Pathology: Diseases of the mind and investigating causes of death
DR. SAM ISKANDER
SARAH PRINGLE, Peck and Company, Vancouver
Discussion on the importance of retaining experts to diagnose relevant diseases of the mind in cases of NCRMD, and the importance of hiring a defence expert to opine on competing causes of death in homicide cases. 

Challenging the Unchallengeable Expert Evidence and Tips for Robust Advocacy
Closing discussion on mounting a robust and strategic challenge to formidable Crown expert evidence.

This program has been approved for credit in the following jurisdiction(s):

Law Society of British Columbia

Credit has been approved with the Law Society of British Columbia for 1.00 Professional Responsibility & Ethics, Practice Management credit and 6.00 Structured Legal Education credits.

Pinnacle Hotel Harbourfront
Cordova Ballroom
1133 West Hastings Street, Vancouver, BC V6E 3T3

Territorial Acknowledgement
This event takes place on the traditional and unceded territory of the Coast Salish peoples, including Tsleil-Waututh, Squamish and Musqueam First Nations.

Coming to Vancouver and need accommodations?
Members save with preferred rates with TLABC's hotel partners https://tlabc.org/hotelrates.

Cancellations received at the TLABC office by 7 September 2026 will be subject to a $50 administration fee. After 7 September 2026, requests for refunds will not be honoured. Substitutes are always welcome.

Disclaimer
These presentations and any accompanying materials are intended for the sole use of the registrant. It is not permitted to reproduce and/or share in any format without the express written permission of Trial Lawyers Association of BC. By registering, you agree with the aforementioned terms and conditions. We reserve the right to cancel or reschedule courses, refuse admission or change speakers, location or content.

By registering for this conference, you agree to allow TLABC to include your name and firm in the seminar roster. If you do not wish to be included in this list, please contact the Program Coordinator at seminars@tlabc.org.