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Highlights
RULES OF EVIDENCE
An Introduction to the Rules of Evidence Applicable to
Electronic Documentation and Information Technology in Quebec
Christopher Richter
For many years, the advent of
electronic media and information technology has posed new challenges for modern
society. The institutions affected by this technological revolution have been
forced to adapt quickly. Quebec's civil law has not escaped this technological
modernization. The law of evidence in civil matters has been particularly
affected by the development of these technologies, which is one reason why the
Quebec legislature decided in 2001 to establish a regime for information
technology by adopting an Act to establish a legal framework for information
technology (the "Act"). Christopher Richter provides a comprehensive review
of the history and jurisprudence surrounding the Act. The historical context
surrounding the adoption of the Act is also discussed. In addition, the guiding
principles (technological neutrality, functional equivalence and an expanded
conception of what constitutes a "document") central to the interpretation of
the Act are outlined. The author also discusses the new feature of rules of
evidence that have occurred due to implementation of the Act. Specifically,
rules of evidence related to writing, testimony, production of material things,
the best evidence rule and admissions are explored. The author focuses on the
presumption of integrity related to technology-based documents and how one could
and should contest this presumption under the Act.
ELECTRONIC EVIDENCE
Litigation and the Electronic Footprint
Louie Velocci
Effectively managing electronic
evidence and maintaining its security is a challenge for employers, service
providers and the legal profession, all of whom are increasingly forced to deal
with electronic evidence in their proceedings. Louie Velocci examines how
litigation, and thereby the collection of evidence, is evolving in the
electronic age. The various types of digital evidence are listed and contrasted
in light of their different properties. The author also considers how the rules
for evidence have been updated to deal with evidence in electronic form, noting
that while there are many types of electronic evidence, the rules for their
collection and preservation are relatively uniform. In order to effectively
litigate any matter with electronic evidence, counsel must be aware of how to
handle such evidence early in the litigation process to ensure admissibility
come trial. Specifically, the author lists a step-by-step strategy for dealing
with electronic evidence from the discovery stage onwards as well as discussing
the potential course of Canadian jurisprudence regarding electronic evidence.
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Board
Larry P. Lowenstein
Editor-in-Chief
Osler, Hoskin & Harcourt LLP
Peter Armstrong
KPMG Forensics Inc.
Larry A. Banack
Koskie Minsky
Lyndon A.J. Barnes
Osler, Hoskin & Harcourt LLP
H. Martin Kay, QC
Bennett Jones LLP
Paul H. Le Vay
Stockwoods LLP
F. Paul Morrison
McCarthy Tétrault LLP
Robert S. Russell
Borden Ladner Gervais LLP
William V. Sasso
Sutts, Strosberg LLP
James C. Tory
Torys LLP
James A. Woods
Woods & Partners |