Production Orders for Electronic Evidence Vs. Special Warrants – When You Need Them and When You Don’t – From Phone Records to Financials

November 9, 2021 4:15pm

Supt. Lisa Byrne
Investigative Services Section
Vancouver Police Department

Keitha Elvin-Jensen
Senior Counsel
Justice Canada

Jonathan P.R. Desbarats
Pender Litigation

  • Evaluating when a production order is required over a simple request
  • Determining the reasonable expectation of privacy in the records of their cell phone activity with a look at R. v. Rogers Communications Partnership (2016),
  • Issuing production orders for digital records including, handling, collecting and managing evidence
  • Establishing reasonable grounds that an offence has occurred
  • Presenting electronic evidence in court 
  • When can a media source contest a production order, with a look at R. v. Vice Media Inc. (2018)