R. v. Béland
Encyclopedia
R. v. Béland [1987] 2 S.C.R. 398 is a leading Supreme Court of Canada
decision where the Court rejected the use of polygraph
results as evidence in court.
summoned a witness who implicated Béland and Phillips. The defendants asserted that the evidence was false and following the presentation of evidence, tried for an order to reopen the defence in order to present polygraph results. The trial judge rejected the motion on the basis that polygraph evidence was inadmissible and they were convicted. On appeal the majority from the Court of Appeal granted an order to reopen the trail to allow the trial judge to examine the polygraph evidence.
The issue was presented to the Supreme Court of Canada
as to whether "evidence of the results of a polygraph examination is admissible in light of the particular facts of this case". In a five to two decision, the Court overturned the Court of Appeal and held that polygraph evidence was inadmissible.
, writing for the majority, held that polygraphs were inadmissible because they violated several rules of evidence. Polygraphs, if used for showing credibility, would violate the rule against "oath-helping", which prevents the use of evidence only to prove good credibility. Second, it also violates the rule against the admission of previous out of court statements. Third, it violates the character evidence
rule that prohibits evidence that attacks character. Lastly, the polygraph is a type of expert evidence that must be excluded as matters of credibility are already within the experience of the judges and juries.
McIntyre also added that the use of the polygraph will unnecessarily complicate the process and bring in too many uncertainties due to its frequency of error.
Justice La Forest
, in a separate concurring opinion, agreed with McIntyre's result but on the basis that the polygraph had too much mystique that would unduly influence the jury, and the potential for opening up too many collateral issues.
and Wilson
held that the polygraph evidence was admissible. The results went directly to a key issue of the case: who is to be believed, the informer or the defendants? The probative value of the evidence outweighed its prejudicial effect and so it would be unfair to deny the defendants access to a full defence.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision where the Court rejected the use of polygraph
Polygraph
A polygraph measures and records several physiological indices such as blood pressure, pulse, respiration, and skin conductivity while the subject is asked and answers a series of questions...
results as evidence in court.
Background
Alain Béland, Bruce Phillips, and two others were planning a robbery. However, before going through with the plan both Béland and Phillips were arrested and charged with conspiracy to commit robbery. At trial, the CrownThe Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
summoned a witness who implicated Béland and Phillips. The defendants asserted that the evidence was false and following the presentation of evidence, tried for an order to reopen the defence in order to present polygraph results. The trial judge rejected the motion on the basis that polygraph evidence was inadmissible and they were convicted. On appeal the majority from the Court of Appeal granted an order to reopen the trail to allow the trial judge to examine the polygraph evidence.
The issue was presented to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
as to whether "evidence of the results of a polygraph examination is admissible in light of the particular facts of this case". In a five to two decision, the Court overturned the Court of Appeal and held that polygraph evidence was inadmissible.
Opinion of the Court
Justice William Rogers McIntyreWilliam McIntyre
William Rogers McIntyre, CC was a Canadian Puisne Justice of the Supreme Court of Canada.Born in Lachine, Quebec, the son of Charles Sidney McIntyre and Pauline May Sifton, he moved with his family to Moose Jaw, Saskatchewan when he was young. In 1939, he received a Bachelor of Arts degree from...
, writing for the majority, held that polygraphs were inadmissible because they violated several rules of evidence. Polygraphs, if used for showing credibility, would violate the rule against "oath-helping", which prevents the use of evidence only to prove good credibility. Second, it also violates the rule against the admission of previous out of court statements. Third, it violates the character evidence
Character evidence
Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person...
rule that prohibits evidence that attacks character. Lastly, the polygraph is a type of expert evidence that must be excluded as matters of credibility are already within the experience of the judges and juries.
McIntyre also added that the use of the polygraph will unnecessarily complicate the process and bring in too many uncertainties due to its frequency of error.
Justice La Forest
Gérard La Forest
Gérard Vincent La Forest, CC, QC, FRSC, LL.D was a Puisne Justice of the Supreme Court of Canada from January 16, 1985 to September 30, 1997....
, in a separate concurring opinion, agreed with McIntyre's result but on the basis that the polygraph had too much mystique that would unduly influence the jury, and the potential for opening up too many collateral issues.
Dissent
LamerAntonio Lamer
Joseph Antonio Charles Lamer, PC, CC, CD was a Canadian lawyer, jurist and Chief Justice of the Supreme Court of Canada.-Personal life:...
and Wilson
Bertha Wilson
Bertha Wernham Wilson, CC was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada.-Early life:...
held that the polygraph evidence was admissible. The results went directly to a key issue of the case: who is to be believed, the informer or the defendants? The probative value of the evidence outweighed its prejudicial effect and so it would be unfair to deny the defendants access to a full defence.