Electronic Evidence in Canada by Graham Underwood and Jonathan Penner published by Carswell 2010-1-30 price: $ 120.00 ISBN: 978 -0-7798-2263-8
«At present there are relatively few counsel who have the required skills to appropriately deal with
electronic evidence in a way that is defensible, proportionate and cost - effective».
«Archiving helps in offloading historical data from production resources [and] reduce [s] the time it takes for in - house counsel to retrieve
electronic evidence in response to a discovery request.»
Recent posts include discussions about
electronic evidence in divorce, same sex marriage and QDROs.
Over the course of a combined 18 years in these roles, Peter has undertaken analysis of
electronic evidence in hundreds of criminal and civil matters, presented expert evidence to state and federal courts, investigated and remediated internal and external data breaches for numerous organisations, managed complex electronic discovery environments, and provided advice to government, public and private organisations in relation to cybersecurity and IT governance related issues.
[40] See Searching and Seizing Computers and Obtaining
Electronic Evidence in Criminal Investigations available at https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ssmanual2009.pdf.
From there, he founded ZwillGen PLLC and went into private practice, defending clients facing government demands for
electronic evidence in criminal cases.
The article mentions this distinction as set out by Underwood and Penner in
Electronic Evidence in Canada, which has been taken up by some cases as well.
When you begin working with a client on a new litigation matter, you'll know something about the facts of the case, but next to nothing about
the electronic evidence in your client's custody.
Not exact matches
Also, as of 2006, any type of
electronic records, including e-mail, can be used as
evidence in federal lawsuits.
Subject to Section 6 and the other terms and conditions of the Plan, each Stock Appreciation Right grant will be
evidenced by an Award Agreement (which may be
in electronic form) that will specify the exercise price, the term of the Stock Appreciation Right, the conditions of exercise, and such other terms and conditions as the Administrator,
in its sole discretion, will determine.
In the United States, Canada, and recently England, major reviews of the evidence have concluded that electronic fetal monitoring should be reserved for high risk pregnancies.18 Use of electronic fetal monitoring has increased worldwide, however, in both low and high risk group
In the United States, Canada, and recently England, major reviews of the
evidence have concluded that
electronic fetal monitoring should be reserved for high risk pregnancies.18 Use of
electronic fetal monitoring has increased worldwide, however,
in both low and high risk group
in both low and high risk groups.
If,
in the Sponsor's opinion, there is any suspected or actual
evidence of
electronic or non-
electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date.
For the background literature review and data analyses on which this policy statement and recommendations are based, refer to the accompanying technical report, «SIDS and Other Sleep - Related Infant Deaths:
Evidence Base for 2016 Updated Recommendations for a Safe Infant Sleeping Environment,» available
in the
electronic pages of this issue (www.pediatrics.org/cgi/doi/10.1542/peds.2016-2940).3
In the past three years Clegg has backed the «snoopers» charter», pushed for secret courts and stood mutely as
evidence emerged of widespread
electronic surveillance by the security services.
Once upon a time, news that spooks were routinely monitoring our
electronic communications, detaining those involved
in reporting that fact and forcing newspapers to destroy their
evidence of it would have brought Mr Clegg out
in a rash.
At the Welsh Liberal Democrat conference
in Newport
in April the party passed a motion calling for «an individual's free right to use
electronic cigarettes where they like to be protected, unless there is
evidence to suggest harm is being done to others.»
In a Feb. 3 filing that updated his investigation and the discovery process, Bharara submitted a filing to the judge noting that more than 1.7 million pages of various emails, phone records and forensic
evidence from 22
electronic warrants have been made available to defense lawyers.
Court documents state that «the government seized extensive
electronic evidence and searched multiple hard drives»
in the process of investigating him.
«First quantum
evidence of system - shrinking negative
electronic compressibility
in novel insulator.»
In any case, such anecdotes do not constitute scientific
evidence that the dead survive or that they can communicate with us via
electronic equipment.
The parking committee's information technology contractor,
Electronic Data Systems, a subsidiary of General Motors, scans
in all the
evidence as an image and stores the information
in a database.
«At present, there is little direct
evidence demonstrating that
electronic alcohol screening and brief counseling intervention has a meaningful population - level effect on excessive alcohol consumption or related harms
in any group, and therefore its utility as a stand - alone public health approach is
in doubt.
«The experimental
evidence provided
in this study advances this research field toward the realization of actively controllable integrated micro lasers,» wrote Taichi Goto, second author of the paper and an assistant professor
in the department of electrical and
electronic information engineering at the Toyohashi University of Technology
in Japan.
The fraud involved
electronic files deliberately planted
in a fax machine
in order to mislead investigators, among other
evidence that required long and expensive forensic investigation.
Professor Peter McOwan from QMUL's School of
Electronic Engineering and Computer Science, and co-author of the study, said: «This research is important, as it provides further
evidence that computers can be used as aids
in creative tasks.
Critical appraisal skills — including basic numeracy,
electronic database searching, and the ability systematically to ask questions of a research study — are prerequisites for competence
in evidence based medicine.6 But clinicians need to be able to apply them to real case examples.51
«This paper adds to the rapidly growing body of
evidence raising concerns about the aggressive marketing of
electronic cigarettes
in those countries where it is still permitted.
Carrie receives a new piece of
electronic evidence from an undercover agent while staying glued to the surveillance footage of life
in Brody's home, which reveals a man struggling with his traumatic memories and resisting pressure to become a media hero.
Electronic portfolios caught her interest because they provide a way for students to show clear
evidence of their teaching development
in a form that is easy to share, update, and store.
Early Child Development and Care Early Childhood Education Journal Early Education and Development Early Years: An International Journal of Research and Development Education Education & Training Education 3 - 13 Education and Culture Education and Information Technologies Education and Society Education and Training
in Autism and Developmental Disabilities Education and Treatment of Children Education and Urban Society Education as Change Education Economics Education Finance and Policy Education for Information Education Leadership Review Education Leadership Review of Doctoral Research Education Libraries Education Next Education Policy Analysis Archives Education Research and Perspectives Education Sciences Education, Citizenship and Social Justice Educational Action Research Educational Administration Quarterly Educational and Developmental Psychologist Educational and Psychological Measurement Educational Assessment Educational Assessment, Evaluation and Accountability Educational Considerations Educational Evaluation and Policy Analysis Educational Forum Educational Foundations Educational Gerontology Educational Leadership Educational Leadership and Administration: Teaching and Program Development Educational Management Administration & Leadership Educational Measurement: Issues and Practice Educational Media International Educational Perspectives Educational Philosophy and Theory Educational Policy Educational Policy Analysis and Strategic Research Educational Practice and Theory Educational Psychologist Educational Psychology Educational Psychology
in Practice Educational Psychology Review Educational Research Educational Research and Evaluation Educational Research and Reviews Educational Research for Policy and Practice Educational Research Quarterly Educational Researcher Educational Review Educational Sciences: Theory and Practice Educational Studies Educational Studies
in Japan: International Yearbook Educational Studies
in Mathematics Educational Studies: Journal of the American Educational Studies Association Educational Technology Educational Technology & Society Educational Technology Research and Development Educational Theory eJEP: eJournal of Education Policy e-Journal of Business Education and Scholarship of Teaching E-Learning and Digital Media
Electronic Journal of e-Learning
Electronic Journal of Research
in Educational Psychology Elementary School Journal ELT Journal Emotional & Behavioural Difficulties Engineering Design Graphics Journal English Education English
in Australia English
in Education English
in Texas English Journal English Language Teaching English Teaching Forum Environmental Education Research Equity & Excellence
in Education Ethics and Education Ethnography and Education ETS Research Report Series Eurasian Journal of Educational Research European Early Childhood Education Research Journal European Education European Educational Research Journal European Journal of Contemporary Education European Journal of Education European Journal of Educational Research European Journal of Engineering Education European Journal of Higher Education European Journal of Open, Distance and E-Learning European Journal of Physics Education European Journal of Psychology of Education European Journal of Science and Mathematics Education European Journal of Special Needs Education European Journal of STEM Education European Journal of Teacher Education European Journal of Training and Development European Physical Education Review
Evidence & Policy: A Journal of Research, Debate and Practice Exceptional Children Exceptionality Exceptionality Education International
Oliver and Hannafin (2001) found that
evidence collection
in an
electronic environment often did not lead to the appropriate application of the
evidence toward the problem solution.
In its final report, NASA engineers found no evidence of an electronic defect in Toyota vehicles capable of producing dangerous, high - speed unintended acceleration incident
In its final report, NASA engineers found no
evidence of an
electronic defect
in Toyota vehicles capable of producing dangerous, high - speed unintended acceleration incident
in Toyota vehicles capable of producing dangerous, high - speed unintended acceleration incidents.
The jury is far from
in on this but there is a growing body of
evidence indicating that spending too much time with
electronic devices
in the formative years can, quite literally, interfere with brain development
in some areas.
BRUSSELS — European Union antitrust authorities raided several publishers
in Europe Tuesday, searching for
evidence that they had acted illegally to keep prices high
in the nascent
electronic - book market.
In addition, there is very little
evidence that sound or
electronic devices will drive rodents from their shelter.
It is literally the «
evidence of our own eyes», even though our eyes are
electronic ones out there
in orbit.
Sedona Canada does not analyze: (1) the meaning and consequences of the «system integrity concept»
in the e-records provisions of the
Evidence Acts — proof of «records integrity» requires proof of «records system integrity»; (2) the National Standard of Canada for e-records management,
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005 («72.34»); and, (3) the need of the parties to exchange verifications of compliance, provided by records management experts, of their electronic records management systems (ERMS's) with the national
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2005 («72.34»); and, (3) the need of the parties to exchange verifications of compliance, provided by records management experts, of their
electronic records management systems (ERMS's) with the national
electronic records management systems (ERMS's) with the national standard.
The most frequently used kind of
evidence in all legal proceedings comes from
electronic technology, particularly records.
And it ignores the requirement
in the
electronic records provisions of the
Evidence Acts that admissibility of
electronic records requires proof of the «integrity of the
electronic records system»
in which the records are stored.
A new iPad app, TrialPad, is specifically designed for use
in the courtroom, as a tool to prepare and present
electronic evidence at trial.
However, there 2 other cases
in which the state of
electronic records management was provided, prior to admitting electronically - produced records as
evidence.
[iii] A more exclusive provision would state: «
In the absence of evidence to the contrary, a record stored in an electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.&raqu
In the absence of
evidence to the contrary, a record stored in an electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity
evidence to the contrary, a record stored
in an electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.&raqu
in an
electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integri
electronic records system that is not proved to be
in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.&raqu
in compliance with the National Standard of Canada,
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integri
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity
Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.»
When 72.34 (2d) becomes an NSC, we can all oppose the production at discovery, and use of
electronic records as admissible
evidence, on the grounds that the ERMSs that produced them have not been certified as being
in compliance with any authoritative ERMS standard.
[17] For the cases where private keys were used without the authority or authorization of the person to whom the private key was linked, see the banking cases from the Russian Federation: Olga l. Kudryavtseva, «The Use of
Electronic Digital Signatures
in Banking Relationships
in the Russian Federation», Digital
Evidence and
Electronic Signature Law Review, 5 (2008), 51 - 57; Resolution of the Federal Arbitration Court of Moscow Region of 5 November 2003 N K - A 40/8531 -03 -, Digital
Evidence and
Electronic Signature Law Review, 5 (2008), 149 - 151.
There is some debate
in the
evidence world whether the laws of hearsay require amendment because of
electronic records.
Therefore I resigned from the project, as did the other lawyer - member of the Working Group specialized
in the use of
electronic records as
evidence.
As to the use of experts
in electronic records management, it is not yet the practice of lawyers to use such experts, but it should be because the
Evidence Acts require it in order to use electronic records as evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Acts require it
in order to use
electronic records as
evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
evidence — e.g. s. 31.2 (1)(a) of the Canada
Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario
Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Act, and the
Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Acts of 9 other jurisdictions
in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of Quebec).
It seems very clear to me that the photos were also
electronic documents, not because they were taken with a digital camera but because they were proferred as
evidence as to what was
in the computer, i.e. they were exactly the same
in law as a printout (or the screenshots).
That identifies a major reason for enacting the
electronic records provisions that are
in 11 of the 14
Evidence Acts
in Canada, including Book 7 of the Civil Code of Quebec, i.e., so that
electronic records, such as those created by way of such conversion of paper records by imaging into secure
electronic storage, will
in law be «original records.»