Supreme Court of Canada rules that mentally disabled adults can give reliable court testimony

February 10, 2012. On February 12, 2012, the Supreme Court of Canada ruled that mentally disabled individuals can give reliable court testimony, even if unable to explain the definition of an oath (Davis, 2012). It was ruled that "adults with mental disabilities may have a practical understanding of the difference between a truth and a lie" (as cited in Davis, 2012, para. 4). The ruling came after an alleged victim’s testimony was dismissed in a sexual assault case due to her mental disability.

This was seen by many disability advocates as a landmark ruling because it was an important step in protecting disabled women from sexual assault, who are proportionally at larger risk (an estimated 83% of women with disabilities will be sexually assaulted in their lifetime). It also helps undo old ways of thinking, that equated mental capacity with moral capacity.

-Erna Kurbegovic and Colette Leung

Supreme Court of Canada rules that mentally disabled adults can give reliable court testimony

February 10, 2012. On February 12, 2012, the Supreme Court of Canada ruled that mentally disabled individuals can give reliable court testimony, even if unable to explain the definition of an oath (Davis, 2012). It was ruled that "adults with mental disabilities may have a practical understanding of the difference between a truth and a lie" (as cited in Davis, 2012, para. 4). The ruling came after an alleged victim’s testimony was dismissed in a sexual assault case due to her mental disability.

This was seen by many disability advocates as a landmark ruling because it was an important step in protecting disabled women from sexual assault, who are proportionally at larger risk (an estimated 83% of women with disabilities will be sexually assaulted in their lifetime). It also helps undo old ways of thinking, that equated mental capacity with moral capacity.

-Erna Kurbegovic and Colette Leung