The Double-Edged Sword of Investigative Genetic Genealogy: Convictions and Privacy
In 2018, American authorities finally solved the infamous cold case of the Golden State Killer, more than 40 years after his first crime was committed. Joseph DeAngelo, a former police officer who committed at least 12 murders and 50 sexual assaults across California, was finally identified using investigative genetic genealogy (“IGG”). This investigative technique uses DNA analysis and public genetic genealogy databases to identify suspects by tracing them through their gene
IP Addresses - Do Police Have a Right to Use as Evidence?
The internet has become part of our everyday life in today’s society. Browsing the internet for hours at a time is not an uncommon practice. When someone uses the internet, they leave their fingerprint in the form of an Internet Protocol Address (IP Address). “An IP address is a string of numbers assigned to an internet-connected device. Think of it like an address on a house. Your computer network uses the IP address to communicate with other computers, websites, and all par
Known Third Party Suspect & Circumstantial Evidence
In R v Biya, Abadula Biya appealed his conviction and sentence for the charges of unauthorized possession of a firearm, ammunition, possession of a Schedule I controlled substance for the purpose of trafficking, and possession of the proceeds of crime. Biya sought to appeal his case based on the trial judge’s decision to reject Biya’s defence based on the evidence of a known third-party suspect. Biya claimed the reasoning from the trial judge’s decision resulted in a miscarr
Indigenous Oral History as Evidence: Cowichan Tribes v. Canada (AG) [2022]
Since Delgamuukwi, the oral histories of Indigenous peoples have been recognized as being put on “an equal footing” with documentary evidence.ii Oral history is a means to transmit information orally to record history and preserve Indigenous knowledge.iii The Cowichaniv case was a voir dire to determine the threshold reliability of the oral history evidence of Grant, Guerin and Chief Wayne Sparrow and to allow them to testify without interruption.
Spousal Privilege in the Digital Era: Where Privacy Ends and Evidence Begins by V Rajput
In the intricate world of legal proceedings, the concept of privilege plays a crucial role in determining what evidence can be presented in court. When evidence is deemed privileged, it is considered inadmissible in legal contexts, preserving confidentiality in specific relationships. Among the various types of privilege, spousal privilege, as outlined in s. 4(3) of the Canada Evidence Act. R v Fayaz raises important questions about the limits of spousal privilege.
