Graat V. The Queen - Reasons of The Court

Reasons of The Court

Justice Dickson, writing for a unanimous court, held that the statements were admissible. Despite their experience, the police officers were not considered experts for determining intoxication and so were limited to giving testimony on observed facts. The trial judge however had discretion to admit certain types of opinion evidence where the distinction between opinion and fact are not clear. Dickson rejects the "ultimate issue" doctrine, which prohibits opinion evidence on matters that concern the ultimate legal issue of the trial.