The implications of a new Supreme Court decision are that, defacto, Canada is the first country to impost a blanket ban of using hypnosis for testimony for courts . . . ruling halts courts’ use of hypnosis in evidence . . . the problem with the ruling is that, while it is indeed true hypnotically refreshed testimony should not be seen as more accurate or reliable than any other testimony, the problem with the case the Canadian Supreme Court was working on was not the inherent risks of hypnosis but that forensic hypnotists (folks who use hypnosis for evidence gathering) need to follow clean procedures. In that case, a witness altered her testimony in hypnosis to fit police theories, to me that means the hypnotist and officers did a piss poor job of prepping her and of using clean language or processes. You NEVER go into a hypnosis session with preconceptions of what should or shouldn’t be going on. Just run the damned process clean and uncover whatever is there, accurate or not, without judging it. A few sloppy hypnotists should not be the cause of throwing out the baby with the bathwater in this case. Besides, police are in danger of tainting testimony and memories in how they ask questions with or without hypnosis. There are hundreds of cases of false confession brought about by improper questioning of suspects who are highly suggestible, confused, and the like. In a number of documented cases, by asking questions in certain ways, police have actually altered memories of events in such cases. Memories that became very real but under closer scrutiny could not possibly have happened. Anyone in authoritiy in sensitive contexts needs to be wary of how they use influence and the language they use. If you really want the truth, and not just a conviction regardless of guilt or innocence, then you must use clean processes and clean language. I have taught this stuff and know a number of hypnotists who are very very good at it, unfortunately, I do know a number of folks who don’t have the foggiest idea of what truly clean processing or clean language entails but they only should serve as reminders for stricter practice in areas where it should matter not the complete loss of an incredibly valuable tool.

All the best,
Brian

Brian David Phillips, PhD, CH [phillips@nccu.edu.tw]Certified Hypnotherapist
President, Society of Experiential Trance
Associate Professor, NCCU, Taipei, Taiwan
http://www.BrianDavidPhillips.com