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  • 2005-10
    Pictures taken from various Earthwatch expeditions over the years. Learn more about Earthwatch at http://www.earthwatch.org.

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February 02, 2007

Canadian Supreme Court Rules Against Hypnosis Evidence

In a 6-3 decision, the Canadian Supreme Court has ruled against the admissibility of testimony gained through hypnotic-aided recall.  This decision makes Canada the first country with an English-law tradition to ban testimony obtained from witnesses who have been hypnotized to refresh their memories of events they have witnessed.  Justice Marie Deschamps, writing for the Supreme Court majority, concluded that the available scientific evidence for the use of hypnosis in aiding memory is contradictory and inconclusive.  The ruling overturns the second-degree murder conviction for Stephen Trochym who was sentenced for the 1995 murder of his girlfriend and whose conviction was largely based on the hypnosis-aided testimony of a neighbour

The rules for admissibility of hypnotic evidence vary greatly in other jurisdictions including most U.S. states, Great Britain, Australia, and New Zealand.  More details of the ruling and its implications can be found here. 

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