R. v. Moser

R. v. Moser

Although the low authentication threshold under s.31.1 was satisfied by police evidence, the Snapchat ZIP file was excluded because the Snap Inc. affidavits did not attach the ZIP file nor affirmatively demonstrate that the affiants reviewed and linked their affidavits to the specific ZIP file received by police, thereby failing the affidavit requirements of s.30(4) for admission as business records.

Citation
2025 NSPC 51
Parties
Crown/prosecution: His Majesty the King; Accused: Bryan Moser
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 September 2025
Procedural Posture
Criminal Sexual Assault (s.271 Criminal Code) / Voir Dire (admissibility of Electronic Evidence)
Outcome
Snapchat records (ZIP file Internal Reference No. 243575076) excluded; Crown's application to admit the Snapchat records dismissed.
Legal Topics
Authentication of Electronic Documents (s.31.1 Canada Evidence Act), Business Records Exception and Affidavit Requirements (s.30, S.30(4) Canada Evidence Act), Best Evidence Rule for Electronic Records, Publication Ban (s.486.4 Criminal Code)
Source Language
English
Criminal Law Evidence Law Digital/electronic Evidence Procedural Law Authentication of Electronic Documents (s.31.1 Canada Evidence Act) Business Records Exception and Affidavit Requirements (s.30, S.30(4) Canada Evidence Act) Best Evidence Rule for Electronic Records Publication Ban (s.486.4 Criminal Code)

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Parties

His Majesty the King

Crown/prosecution

Bryan Moser

Accused

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Voir Dire (admissibility of Electronic Evidence)

Legal Issues

  1. 1 Whether Snapchat electronic records were authenticated under s.31.1 of the Canada Evidence Act
  2. 2 Whether the records qualify as business records admissible under s.30 and s.30(4) of the Canada Evidence Act
  3. 3 Whether the affidavits from Snap Inc. sufficiently attach or link to the ZIP file previously provided to police

Ratio Decidendi

Although the low authentication threshold under s.31.1 was satisfied by police evidence, the Snapchat ZIP file was excluded because the Snap Inc. affidavits did not attach the ZIP file nor affirmatively demonstrate that the affiants reviewed and linked their affidavits to the specific ZIP file received by police, thereby failing the affidavit requirements of s.30(4) for admission as business records.

Court Disposition

Snapchat records (ZIP file Internal Reference No. 243575076) excluded; Crown's application to admit the Snapchat records dismissed.

Orders

  • Exclude Snapchat ZIP file (Internal Reference No. 243575076) and associated Snapchat records from the Crown's case; evidence not admitted under the Canada Evidence Act.
  • Publication ban pursuant to Criminal Code s.486.4: any information that could identify the complainant shall not be published or transmitted.