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Céline Dostaler
Social Media as Evidence in Canadian Criminal Trials: What You Need to Know
In today’s digital age, social media plays a pivotal role in people’s lives, often capturing moments, thoughts, and interactions. However, social media activity can also become critical evidence in criminal cases, including those in Ottawa and across Canada. Posts, messages, images, and even "likes" can be used by prosecutors to build a case against an accused. This blog explores how Canadian law uses social media as evidence, examines examples of significant cases, and provides guidance for individuals facing charges. If you are charged with a crime in Ottawa, understanding how social media may impact your case is essential.
How Social Media Is Admitted as Evidence in Canadian Courts
Social media content is commonly used as evidence in Canadian criminal cases, where it can establish timelines, corroborate statements, or challenge the credibility of the accused. Under Canadian law, as long as social media evidence is relevant and authentic, it can be admitted in court, whether the posts are public or private. This can include photos, posts, messages, comments, and even deleted content that has been preserved.
Example Case: R. v. Craig – Social Media Posts as Evidence
In the British Columbia case of R. v. Craig (2020), social media posts played a key role in disputing the accused’s alibi. Charged with sexual assault, Craig had posted content online that conflicted with statements made during the trial. The prosecution used these posts to undermine his defence, showing the potential impact of social media activity on an accused person’s case. While other evidence also influenced the outcome, the case illustrates how social media can bolster or weaken a defence depending on its content.
Example Case: R. v. L.P., . – Snapchat Messages in Criminal Trials
In R. v. L.P., an Ontario youth case, Snapchat messages were introduced as evidence in a sexual assault charge. While Snapchat is known for ephemeral messaging, screenshots preserved key exchanges that detailed the accused’s actions. Despite the perception that such messages disappear, they were admitted as evidence, showing that digital communications—even temporary ones—can be used in court. This case serves as a reminder to handle all digital interactions cautiously when facing legal issues.
Privacy and Social Media in Canadian Law: What Are Your Rights?
While Canadian law protects privacy rights under the Canadian Charter of Rights and Freedoms, the courts generally consider public social media posts fair game in criminal investigations. Even posts with privacy settings may be accessible to law enforcement if obtained through proper legal channels.
However, the Supreme Court of Canada has recognized certain privacy rights in digital communications. In R. v. Marakah (2017), the Court ruled that individuals have a reasonable expectation of privacy in their text messages. Although this case focused on SMS, it set a precedent that could extend to private social media messages, depending on the circumstances. Nonetheless, if obtained through lawful means, these private messages may still be used as evidence.
Defence Strategies to Counter Social Media Evidence
When social media content is used as evidence, a skilled defence lawyer can employ several strategies to ensure it is fairly represented and does not bias the court.
- Challenging the Authenticity of Social Media Evidence
Defence counsel may question the authenticity of social media evidence, including whether posts or messages were altered or taken out of context. The prosecution must prove that the evidence is genuine and accurately represents the events or intentions it seeks to demonstrate. - Arguing Relevance in Social Media Content
Not all social media content is relevant to a criminal case. Defence lawyers can argue that specific posts, comments, or messages are unrelated to the alleged crime and should not influence the trial. This can prevent irrelevant or misleading content from creating bias against the accused. - Providing Context to Social Media Posts
Social media posts may appear incriminating when viewed in isolation. Defence counsel may present context, clarifying that a post or message does not carry the meaning that the prosecution suggests. This strategy helps the court avoid drawing unfair conclusions based on incomplete information. - Protecting Privacy Rights
If social media evidence was obtained in a way that violates privacy rights, it may be excluded from the trial. Defence counsel can argue that improperly obtained evidence breaches Section 8 of the Charter, which guards against unreasonable search and seizure. Successfully invoking these protections can prevent certain social media content from influencing the case.
Practical Tips for Social Media Use When Facing Criminal Charges
If you are facing criminal charges, your social media activity may impact your case. Follow these guidelines to protect yourself:
- Limit Posting: Refrain from posting new content while charges are pending, as even harmless posts can be misinterpreted.
- Adjust Privacy Settings: While not foolproof, stronger privacy settings may provide some protection.
- Avoid Discussing the Case Online: Do not discuss the case, your whereabouts, or any related events online.
- Inform Family and Friends: Ask those close to you not to tag or mention you in posts, as these can also become evidence.
Key Takeaway: Social Media Evidence Is a Powerful Tool in Criminal Trials
In Canadian criminal cases, social media is often admissible as evidence, with potentially serious consequences for the accused. Whether social media is used to challenge alibis, corroborate witness statements, or establish a timeline, it can significantly impact case outcomes. Understanding the implications of social media in criminal trials is essential for those facing charges and their legal counsel.
Protect Your Rights with Experienced Ottawa Defence Lawyer Celine Dostaler
If you are facing criminal charges in Ottawa and are concerned about how social media might impact your case, consulting a knowledgeable defence lawyer is crucial. I am committed to defending my clients' rights and ensuring a fair trial, managing all aspects of evidence, including social media.
For a confidential consultation, contact me, Celine Dostaler. Together, we can build a robust defence and protect your rights in the face of complex digital evidence.
