Poulton Law Office is a full service Canadian immigration law firm located in midtown Toronto. Renowned in the field of immigration law, we specialize in the provision of all types of Canadian immigration services to a broad range of clientele, from corporations to individuals. Ronald Poulton has 17 years of experience in immigration law in Canada and is recognized as one of the leading lawyers in his field. Whether processing an immigration application or seeking an emergency stay of removal from the Federal Court, our staff is committed to excellence in our work and success for our clients.

Monday 17 June 2013

Lie detector tests are admissible in immigration board proceedings in Canada.



The Supreme Court of Canada has decided, in the criminal law context, that these test findings usurp the role of the trier of fact where judges preside and so are not admissible in courts. However, they have not been found to be unreliable. Given that the rules of evidence applicable to courts do not apply to immigration boards, a report of a lie detector test can be admitted into evidence before a board. The weight to be apportioned this evidence is up to the board member. I recently used the results of such a test to assist in exonerating my client who was accused of misrepresenting the bona fides of his marriage. The client faced the possibility of having his permanent residency revoked and being deported from Canada. However, the Immigration Division decided that the Minister had not met its burden of demonstrating the misrepresentation. The use of the lie detector test report was invaluable in helping us win.

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