Is a polygraph examination and its result admissible as evidence in Canadas justice system?
The polygraph examination and its result are not admissible in Canada’s criminal justice system. This statement of law was made by Justice McIntyre in R. v. Béland and Phillips [1987] 2 S.C.R. 398 Docket: 18856. The criminal courts of Canada hold that the result of a polygraph examination is an opinion put forth by the polygraph examiner and that evidence of this type should not supersede the role of the judge and jury to decide the credibility of a witness. Trial by judge and jury has long been the cornerstone for Canada’s criminal justice system. However, the testimony of the polygraph examiner can be heard on a voir dire when a confession has been obtained. The result of a polygraph examination can be admissible in civil court or in labour court. The law, however, as it pertains to the admissibility of such evidence, is unclear and civil courts across Canada have adopted a variety of views, ranging from acceptance of polygraph evidence, to partial acceptance, to non-acceptance. Some
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- Is a polygraph examination and its result admissible as evidence in Canadas justice system?
