Seminar: “Challenging and Admitting Electronic Evidence,” Peter Sankoff with Gerald Chan


11am MST, Friday, 6 May 2022

Many of our rules of evidence date back decades if not centuries to a time when little, if anything, was recorded and stored. Back then, evidence was led almost exclusively through the viva voce testimony of witnesses drawing on imperfect memories. Now, criminal courts are flooded with text messages, videos, social media screen captures, cell tower records, and all sorts of other digitally recorded evidence. How can we ensure the courts remain relevant and accessible to parties seeking to adduce electronic evidence while also guarding against the danger of digitally manipulated data? This seminar will explore these questions and discuss the legal principles that counsel and the courts need to be aware of when dealing with electronic evidence, including hearsay, authentication, and the best evidence rule.

Gerald Chan

Gerald Chan is a partner at Stockwoods LLP in Toronto where he practices criminal, constitutional and administrative law. He has been counsel in numerous cases in the Supreme Court of Canada. Beyond his practice, Gerald is an adjunct professor at the University of Toronto, Faculty of Law, where he teaches Criminal Procedure and is a supervisor in the Appellate Criminal Litigation Externship. He also teaches on the faculty of the Federation of Law Societies of Canada’s National Criminal Law Program. In addition to teaching, Gerald has co-authored and co-edited numerous legal texts, including Digital Evidence: A Practitioner’s Handbook (Emond), Digital Privacy: Criminal, Civil and Regulatory Litigation (LexisNexis), Sentencing (LexisNexis), and Litigating Artificial Intelligence (Emond).

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