Keywords
rules of evidence and new technologies, hearsay and hearsay exceptions, best evidence rule
Abstract
This article outlines those rules of evidence that are most likely to be called upon to fit new technologies. It identifies some of the challenges that are presented, and identifies modest techniques or suggestions for coping. Those suggestions include taking the kind of relaxed view as to when expert evidence is being offered illustrated by the Ontario Court of Appeal in R. v. Hamilton; taking a functional approach to judicial notice; ensuring that authentication and the “best evidence” rule for electronic records are not applied in a highly technical fashion; understanding the law of hearsay and remaining familiar with key hearsay exceptions; applying the law of privilege in ways that reflect the new realities that compromise privacy; understanding the limits of character evidence and the opportunities for the exclusionary discretion; and recognizing the utility in the technological presentation of evidence.
Recommended Citation
David M. Paciocco, "Proof and Progress: Coping with the Law of Evidence in a Technological Age" (2013) 11:2 CJLT.
Included in
Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Privacy Law Commons, Science and Technology Law Commons