Conseil scolaire francophone de la Colombie-Britannique v. British Columbia (Education), 2014 BCSC 851
The plaintiffs (collectively referred to as the CSF) wish to tender into evidence the expert report of Professor Angéline Martel (the "Martel Report"). The defendants, the Queen in Right of British Columbia and the Minister of Education (together, the "Province") object to the admissibility of the entire Martel Report on the ground of lack of impartiality and independence. Alternatively, the Province objects to the admissibility of paras. 21-28 of the Martel Report because they are unnecessary, amount to legal argument and do not fall within Prof. Martel's area of expertise.
Prof. Martel is a professor of sociolinguistics and languages at Télé-université in Montreal, Quebec. She holds a Bachelor of Education, Master of Arts and a Doctorate of Philosophy from the University of Alberta. She has published extensively on linguistic minority education and has advised governments and quasi-governmental organizations on language policy.
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The principles governing the admissibility of expert evidence are well-known. Expert evidence will be admitted where it meets four criteria: it must be relevant, necessary, not subject to an exclusionary rule and proffered by a properly qualified expert: R. v. Mohan, [1994] 2 S.C.R. 9 at 20.
The Province does not take issue with the relevance of the Martel Report except to the extent that Prof. Martel lacks impartiality and independence sufficient to override the probative value of the Martel Report.
The Province does not suggest that the Martel Report is unnecessary or outside Prof. Martel's proposed qualifications except with respect to paras. 21-28 of the Martel Report. The Province has not raised another exclusionary rule.
(par. 1-2, 14-16)
