Photos of Facebook Messages Not Sufficient

Electronic evidence requires authentication The British Columbia Court of Appeal offered guidance on the proper use of evidence from Facebook, finding that it had been improperly introduced in R v Ball. The accused had been convicted of arson, specifically of … Continue reading

Court declines to issue an Anton Piller order to seize and examine defendant’s computer; e-discovery more appropriate

Plaintiff sought Anton Piller order for defendant’s computer, but where the defendant’s computer was in possession of defendant’s counsel, e-discovery is more appropriate In a contentious post-employment lawsuit before the Ontario Superior Court of Justice alleging financial improprieties and breach … Continue reading

Customs Searches and Cell Phones

Are cell-phones subject to open-ended searches when passing through customs? The extent of the ability to search an iPhone or similar electronic data storage device during a customs search was at issue in R v Saikaley. The accused was suspected … Continue reading

Stanley Cup Riots and 911 Calls

Should recorded 911 calls be released to the media and control lost “for all time”? In R v Renderos the British Columbia Provincial Court decided that recordings of calls to 911 about the Stanley Cup riots in Vancouver should not … Continue reading

Internet Luring

Is internet luring a distinct offence from the sexual interference which follows? The Newfoundland Provincial Court dealt with the sentencing of an accused on sexual interference and luring a child by means of the Internet for a sexual purpose with … Continue reading