LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Evidence – Inadmissibility of Evidence Taken at Commission of Inquiry in Subsequent Proceedings

This principle establishes a statutory exclusionary rule protecting persons who give evidence before Commissions of Inquiry. Commissions of Inquiry are investigative bodies established to examine matters of public importance, and witnesses are often compelled to testify. To encourage full and frank disclosure during such inquiries without fear of self-incrimination, the law provides that testimony given cannot subsequently be used against the witness in civil or criminal proceedings. This immunity serves important public policy objectives: (1) ensuring effective fact-finding by Commissions by removing disincentives to testify; (2) protecting witnesses from having compelled testimony used against them; and (3) maintaining the distinction between investigative inquiries and adjudicative proceedings. The protection is comprehensive, covering all civil and criminal matters, and applies regardless of the nature or seriousness of subsequent proceedings. The sole exception is prosecution for perjury or false testimony before the Commission itself—witnesses must still testify truthfully and can be prosecuted for deliberately false evidence. This exception prevents abuse of the immunity to make false statements with impunity. The principle means that parties cannot introduce Commission of Inquiry transcripts, reports of witness testimony, or other evidence from such proceedings in subsequent litigation, even if highly relevant. Courts must exclude such evidence regardless of its probative value or importance to the case. This statutory prohibition overrides general evidence admissibility rules.