The report examines the rapid development of neurotechnology and its implications for human rights, particularly as tools that measure and analyze brain activity move beyond clinical settings and into areas such as law enforcement and the justice system. This raises concerns about the potential use of neural data in legal proceedings, including risks to privacy, freedom of thought and the right to a fair trial.
Professor Chandler’s research is cited in the report’s discussion of how courts in different jurisdictions have approached neuroscientific evidence. The report notes that Canadian courts have considered such evidence in both criminal and civil proceedings, including end-of-life decision-making, while recognizing that it is not treated as determinative.
An internationally recognized expert on the intersection of brain sciences and law, Professor Chandler has spent years examining how neuroscientific evidence influences legal reasoning and concepts such as responsibility, capacity and voluntariness. Her landmark 2015 study, “The Use of Neuroscientific Evidence in Canadian Criminal Proceedings,” systematically assessed how Canadian courts have used this evidence in criminal sentencing. Her work has since been cited more than 120 times in discussions of criminal decision-making across jurisdictions around the world.
Professor Chandler holds the Canada Research Chair in the Law and Ethics of Brain Technologies, through which she leads a research program that aims to address the societal and regulatory challenges posed by brain-interfacing technologies. She is a Full Professor at the Common Law Section with a cross-appointment to the Faculty of Medicine. She is a Fellow of the Canadian Academy of Health Sciences and a member of both the Centre for Health Law, Policy and Ethics, and the Centre for Law, Technology and Society.
Learn more about the growing use of neurotechnology in justice systems.