Digital Evidence, 3rd Edition

Digital Evidence, 3rd Edition

Gerald Chan, Justice Susan Margotiaux, Lindsay Board, Rebecca De Filippis
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
Coming Soon

Digital Evidence, 3rd Edition offers a comprehensive and current examination of the legal principles and practical challenges surrounding digital evidence in Canada. Authors Gerald Chan and Justice Susan Magotiaux draw on extensive expertise to explain foundational concepts and provide concrete guidance for using and responding to digital evidence at every stage of a criminal proceeding. For this third edition, Lindsay Board (defence, Daniel Brown Law LLP) and Rebecca De Filippis (crown) have been brought on as co-authors in order to enhance practicality and provide additional balance between crown and defence perspectives.

This text is designed to equip criminal practitioners with an understanding of the procedural, tactical, and strategic elements of gathering, admitting, and presenting digital evidence. Coverage includes the full scope of digital evidence issues, including privacy rights, search and seizure of data, private communications, production orders, admissibility and authentication, disclosure obligations, and effective courtroom presentation. With two new chapters, Preparing for Trial and Artificial Intelligence, practitioners will learn to navigate trial-readiness, and the emerging technologies reshaping investigative and evidentiary landscapes.

Practical, authoritative, and grounded in the realities of modern criminal practice, this text is an essential resource for practitioners seeking to navigate the evolving law and practice of digital evidence in Canada.

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$139.00
  • ISBN/ISSN: 978-1-77462-885-0
  • Status: Coming Soon
  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77462-886-7
  • Status: Coming Soon
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ISBN
978-1-777462-885-0
Page Count
350
Publication Date
April 2026
Status
Coming Soon
Subjects
Criminal Law and Procedure; Criminal Law Series; Evidence and Investigation
Tags
Practice Canadian Law

  • 2 new chapters: Preparing for Trial and Artificial Intelligence.

  • New cases and landmark decisions.

  • A foreword by the Honourable Thomas A. Cromwell.

  • “Questions to Consider” sections outlining key factors for framing arguments on digital evidence access and admissibility.

  • Checklists detailing various considerations for counsel when presenting evidence and submissions in a digital format.

  • Sample disclosure requests in digital evidence cases.

Part I: Search and Seizure
Chapter 1: Reasonable Expectation of Privacy in Digital Data 
Chapter 2: Search of Digital Devices 
Chapter 3: Accessing Digital Data 
Chapter 4: Intercepting Private Communications 

Part II: Disclosure
Chapter 5: Disclosure of Digital Data
Chapter 6: Disclosure in Internet Child Exploitation Cases
Chapter 7: Practical Constraints on Crown and Defence

Part III: Use of Evidence
Chapter 8: Admissibility 
Chapter 9: Uses and Forms of Digital Evidence 
Chapter 10: Preparing for Trial 
Chapter 11: Courtroom Presentation 
Chapter 12: New Frontiers

Coming Soon.

Coming Soon.