Nova Scotia (Community Services) v. J.M., 2018 NSSC 31

Issue: Is the Director of the Capital Health Authority’s toxicology lab qualified to provide expert opinion evidence about the results of urine testing from samples taken from a father during a child protection proceeding?

Summary: The Director’s opinion was found not to be reliable where the lab is not designated as a forensic lab, where the lab is not subject to external proficiency testing or oversight, and where the lab’s adherence to international standards is uncertain. The Director was not qualified as an expert in forensic and analytical toxicology; his opinion about the test results was excluded.