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The court found the Crown met the statutory threshold under ss.31.1-31.8 for the FBI materials and admitted the proffered documents subject to targeted redactions: remove paragraphs 1 and 7 of the June 12, 2017 email and replace paragraph 3 with the edited text specified by the court; majority of Tab 2 admitted as edited and Tabs 1,3,4,5,6,7 admitted in full.
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The court dismissed a beneficiary’s request for access to an executor’s iPad or iCloud to obtain Apple Notes metadata, finding no strong evidence justifying that exceptional intrusion.
The court held that RDX extraction reports from seized BlackBerrys satisfied authenticity and integrity requirements under the Canada Evidence Act, making them admissible.
The defence sought leave to cross-examine a Facebook records custodian on electronic-records affidavits. The court denied the application, finding the issues did not justify viva voce evidence.
The court held FGL and SportChek records were admissible as business records and electronic documents, finding the statutory authenticity and integrity requirements met.
The court dismissed a requested forensic examination of the claimant’s devices, but granted a narrow interim conduct order restricting contact with clinic staff.
The court admitted only cellphone identification excerpts from a redacted extraction report, excluding trafficking messages and drug photographs as prejudicial and too remote.
The court admitted three screenshots of WhatsApp text messages as evidence, finding they were authenticated, met the best-evidence rule, and were admissible as party admissions.
On the voir dire the Crown established on a balance of probabilities that the blurry photos and officer-created handwritten transcripts reflected communications between the complainant and the accused; the best evidence rule and the fact originals were not seized did not preclude admission of secondary evidence; the texts constituted admissions or adoptive statements admissible as an exception to hearsay; deficiencies in police preservation go to weight not admissibility; and the probative value of the texts outweighs any prejudicial effect, so the photos and transcripts are admissible at tri…
Source excerpt
The Federal Court of Appeal upheld the Federal Court's interpretation that ss.231.1(1) and (3) of the Income Tax Act authorize inspection and examination of electronic records seized from a taxpayer, and found no reviewable error in the lower court's dismissal of the motion to set aside the ex parte order and warrant.
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