Ontario Private Investigator Practice Exam

Who can give opinion evidence?

1. Any witness

2. A judge

3. A jury member

4. An expert witness who can provide an educated/professional opinion

The correct answer is: An expert witness who can provide an educated/professional opinion

The notion of opinion evidence is primarily tied to the qualifications and expertise of the individual providing that opinion. An expert witness plays a crucial role in legal proceedings, as they possess specialized knowledge, training, or experience in a particular field relevant to the case. This expertise allows them to offer informed opinions that can aid the court in understanding complex issues, which are not easily understood by laypersons. For instance, if a case involves technical evidence related to forensic science, a forensic expert might be called to testify about the reliability of specific methods used in evidence collection or analysis. Such professional insights help the judge or jury make informed decisions based on evidence that goes beyond common knowledge. In contrast, while any witness can provide factual recounts of their experiences or observations, they are typically limited to factual testimony, which does not include personal interpretations or conclusions. Similarly, a judge and jury members have their designated roles in the courtroom that do not encompass providing expert opinions unless they possess specific qualifications in a relevant field, which is generally atypical. This highlights why the expert witness's role is distinct and essential in legal matters involving specialized knowledge.