ADMISSIBILITY OF POLYGRAPH EVIDENCE IN CANADIAN CRIMINAL COURTS
The polygraph examination and its result are not admissible as evidence in the criminal justice system in Canada. This statement of law was made by the former Honorable William Rogers McIntyre of the Supreme Court of Canada in R. v. Béland and Phillips, [1987] 2 S.C.R. 398 File: 18856.
The criminal courts in Canada consider that the result of a polygraph examination is an opinion issued by a polygraph examiner, based on the evaluation of physiological data obtained during a polygraph examination and that this type of evidence should not supplant the role of the judge and jury to decide the credibility of a witness. The trial by judge and jury has long been the cornerstone of the criminal justice system in Canada.
However, when a confession has been obtained, the testimony of the polygraph examiner may be part of a Voir Dire.
ADMISSIBILITY OF POLYGRAPH EVIDENCE IN CANADIAN CIVIL, LABOUR, YOUTH AND FAMILY COURTS
The polygraph examination and its result may be admissible in Canadian civil, labour, youth and family courts. The judges presiding in these tribunals have taken various views regarding the admissibility of polygraph evidence, ranging from acceptance, partial acceptance or non-acceptance. Some judges believe that the decision of the former Hon. William Rogers McIntyre in R. v. Béland and Phillips must apply not only to criminal matters, but to civil matters as well, while other judges believe that any evidence relating to the credibility of a witness — whether probative and relative — must be admissible in court, including polygraph evidence.