Digital Evidence, 2nd Edition

General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

As digital evidence becomes a routine component in every criminal case, all practitioners must keep pace with the constant changes to the law and practice of digital evidence in Canada. By addressing both current and emerging challenges in the field, Digital Evidence, 2nd Edition provides a clear, comprehensive, and up-to-date examination of digital evidence in the context of criminal law. Authors Gerald Chan and Justice Susan Magotiaux clarify key legal principles and offer practical suggestions for criminal practitioners handling and utilizing digital evidence through every stage of a criminal proceeding.

This bestseller is designed to equip criminal practitioners with a solid understanding of the procedural, tactical, and strategic elements of gathering, admitting, and presenting digital evidence. It addresses privacy rights, private communications, search and seizure of digital data, disclosure of digital evidence, authentication and admissibility of digital evidence, digital presentations, and more. This handbook also discusses the practical constraints that affect Crown and defence counsel, including delay, cost, undertakings, and disclosure with an in-custody accused.

This edition has been updated to reflect all recent digital evidence cases from the Supreme Court of Canada including R v SH, R v CB, and R v Bridgeman. In addition, it explores the ways in which cases R v Mills and R v Shergill impact search and seizure powers for law enforcement. This handbook also features discussion on R v Marakah, a landmark decision on the search and seizure of text messages, and more broadly, privacy in the digital age.

This text is Volume 5 in Emond’s Criminal Law Series.

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