Canadian Lawyer

Nov/Dec 2008

The most widely read magazine for Canadian lawyers

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LEGAL REPORT: FORENSICS Examining the experts Justice Stephen Goudge's inquiry into the pediatric forensic pathology system reveals many pitfalls in the use of expert witnesses across the criminal justice system that are leading to wrongful convictions. BY GL ENN KAUTH espite having no formal training in forensic pathology, Dr. Charles Smith became Ontario's leading expert on child-death investigations during the 1990s. In fact, he appeared infallible on the witness stand while testifying for the Crown in alleged child homicides, oſten against the victim's family members. In one instance, he told a judge about examining polar bear wounds on a trip to the Arctic, a fact he used to back up his claims that a seven year old had died of stab wounds www. mag.com NO VEMBER / DECEMBER 2008 49 ILLUSTRATION: JOHN FRASER

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