BEFORE ORDERING A SECTION 211 REPORT.

The fact that s. 211 reports are exempted from many of the safeguards that normally accompany expert opinion evidence creates special considerations for counsel, particularly where a client has experienced family violence.

Before ordering or agreeing to a report, you should critically assess whether a report is required. The following questions have been adapted from Martinson & Jackson:

• What are the issues in dispute? Is an expert opinion required or can the information be presented through a free Views of the Child report by a Section 211 Assessor, a Hear the Child report, or through other ordinary witnesses?

• What is the specific purpose of the report and what type of expertise is required to address these issues?

• Does the expert be considered have the specific expertise necessary to address the issues identified, including specialized training in family violence?

• Is the expert impartial without any preconceived biased notions about parenting roles?

• Does the expert have the appropriate cultural skills required for the case?

• If interpretation or translation is required, how will this be provided?

• Is psychological testing required? If so, what kind of testing and what is its purpose? Should limits be placed on testing?

• What collateral information will be provided to the expert and why?

• How will the views of the child be considered?

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• What is the cost of the report and who will pay? How and when? What additional costs might be incurred if the report has to be challenged?

• What period of time is required to complete the report? What is the availability of the assessor if cross-examination is required?

Many of these issues should also be discussed with opposing counsel and the assessor, and be incorporated into the retainer letter and/or order appointing the assessor.