CAPCJ / ACJCP

Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

The Admissibility of Social Media Evidence in Canada: Part 1

In this column, I am going to review how this relatively new area of evidence law has developed in Canada. As will be seen, in assessing the admissibility of such evidence, Canadian judges have relied upon both common-law principles and statutory provisions contained within the Canada Evidence Act, R.S.C. 1985. The column, because of its length, is divided into two parts. The first part, presented here, will consider the admissibility of social media evidence in Canada at common law. The second part (which will be presented in volume 57:3), will consider the admissibility of such evidence in Canada pursuant to the Canada Evidence Act as well as a summary/conclusion.