Non-compliance with the expert witness code of conduct under Part 75 r 3J of the Supreme Court Rules does not render expert evidence inadmissible in criminal proceedings; it is relevant only to the exercise of the discretion to exclude under ss 135 or 137 of the Evidence Act. The rule-making power under s 124 of the Supreme Court Act extends only to procedure and practice, not to the admissibility of evidence, and cannot override the Evidence Act. Earlier observations in Cassegrain suggesting strict compliance with expert witness provisions as a condition of admissibility do not reflect the proper construction of the applicable provisions.
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