Area of Law: Internet and Cyber Law
Answer # 349
Electronic evidenceRegion: Ontario Answer # 349
Electronic evidence, also known as digital evidence, refers to evidence that is stored or transmitted in digital form that a party to a court case may use at trial. The use of digital evidence has increased tremendously as courts have allowed the use of emails, ATM transaction logs, mobile phone message histories, databases, the contents of computer hard drives, computer printouts, GPS logs, and digital video and audio files.
As with other types of evidence, the courts require proper use and presentation of the electronic evidence under current provincial and federal evidence legislation. In addition, because electronic evidence can be both more accurate and more easily tampered with than other forms of evidence, the courts may require additional information before allowing the evidence to be introduced.
Courts will also determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required before allowing digital evidence to be presented.
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