GENESIS-VPD™ USER’S MANUAL
56
Rev. 09/04
officer was an “expect” as the evidence which he was
being asked to give was not in the nature of an opinion
but more in nature of observations. The trial judge
clearly found that the police officer could operate the
machine, that the machine was working properly, and
that there was no evidence to show that it’s reading was
inaccurate. There was no basis to disturb those findings
on appeal.
R. v. McDonald
(Feb. 26, 1987, B.C. Co. Ct.)
Opinion Evidence - Whether radar operator giving
“expert” evidence. The trial judge did not err in finding
police officer who testified concerning his operation of
radar was not an “expert” so as to require 30 days’ notice
in writing of his proposed evidence under s.11 of the
Evidence Act. Accordingly, the officer gave evidence only
of a technical skill, which did not reach expert status.
