Extract from Page Vault’s article “Understanding the Canada Evidence Act for Social Media and Websites”
Canada, like many jurisdictions, has specific regulations governing the admissibility of ESI, commonly referred to as the “Best Evidence Rule.” The Canada Evidence Act (CEA) sets forth guidelines that are critical for legal professionals when handling electronically stored evidence (ESE) from social media platforms and websites. This blog post delves into these guidelines and shares best practices for navigating the evidentiary landscape of digital content in Canada.
The Legal Framework
The CEA, along with provincial statutes, outlines the foundational rules for the admissibility of electronic records in legal proceedings. Specifically, the Act addresses the challenges posed by the intangible nature of ESE, providing a framework that recognizes the legitimacy of digital documents as evidence under certain conditions. For content derived from social media and websites, this framework is crucial in determining whether such evidence can be presented in court.
Key Provisions for Social Media and Website Evidence
When it comes to evidence from social media and websites, several provisions within the CEA are particularly relevant:
- Section 31.1 defines an electronic document, encompassing a wide range of digital data, including content from social media and websites.
- Section 31.2 elaborates on the conditions under which an electronic document is admissible, emphasizing the importance of proving the document’s integrity.
- Section 31.5 outlines the criteria for assessing the authenticity of evidence that is “automatically generated by a computer without human intervention.” This includes time stamps of social media posts, device login information, and additional metadata.
