CAPCJ / ACJCP

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

THE ADMISSIBILITY OF SOCIAL MEDIA EVIDENCE

Introduction:

In this paper I intend to review the law as regards the admissibility of what has been described in Canada as “social media evidence”, i.e. text messages, Facebook postings, selfies, etc. (see Lisa A. Silver, The Unclear Picture of Social Media Evidence, (2020) 43-3 Manitoba Law Journal 111, at page 111).  Professor Silver has noted that “social media is often the context in which criminal offences can be committed. It can provide a space in which offences are committed and it can provide proof of it as well” (at pages 117 to 118).