Recent Federal Courts decisions on expert evidence of international law

No Canadian courts face public international legal issues more often than the Federal Court and the Federal Court of Appeal. In such areas as immigration, taxation, national security, intellectual property and judicial review of federal government action generally, the federal courts regularly confront international legal issues. How international law is received in our law—both substantively and procedurally—is therefore of especial importance to these courts.

Three recent cases—two from the Federal Court and one from the Federal Court of Appeal—have considered the question of whether expert opinion on international legal issues is admissible in evidence. This issue has generated a great deal of inconsistent, and often under-reasoned, Canadian jurisprudence in the last twenty years. But the three cases discussed below suggest we are finally moving in the right direction.

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