Tech Crime and E-Evidence

Susheel Gupta, Senior Strategic Operations Director, Counter-Terrorism & National Security, RCMP

Jean-Philippe MacKay, Prosecutor, Director of Criminal and Penal Prosecutions (Quebec)
Lynda Morgan, Partner, Addario Law Group LLP (Toronto)

A comprehensive review of the most recent and relevant decisions, while also examining new legislation and Criminal Code provisions, including developments arising from the Online Harms Act and the Lawful Access Act (Bill C-22).

Michael Fawcett, Cybercrime Team Lead, Complex Prosecutions Bureau, Ministry of the Attorney General (Ontario)
Tony Paisana, Peck & Company (Vancouver)

An update on the current state of search powers, including how warrants must describe the devices, data, and scope of a search, as well as the constitutional and practical limitations on exercising those powers in an increasingly technology-driven environment. You will also hear about the potential impact of Bill C-12, and what its proposed changes could mean for investigative powers, privacy, and the collection and use of electronic evidence.

Dr. Rajan Basra, King’s College London

Steve Johnston, Crown Prosecutor, Alberta Justice
The Hon. Justice Christine Mainville, Superior Court of Justice (Ontario)

This practical presentation will explore how to determine how much digital data is enough, make informed decisions about selecting the “best” evidence from thousands of emails and texts, and navigate disclosure obligations. It will also address authentication in the age of deepfakes, hearsay challenges involving texts and emails, and the increasingly complex task of interpreting emojis, coded language, and other forms of digital communication.

Matthew Asma, Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)
Oxana Gulaya, A/Detective, Cyber Forensics Unit, Calgary Police Service
Steve Johnston, Crown Prosecutor, Alberta Justice
Michelle Psutka, Fenton Law Barristers
James Whiting, Acting Administrative Crown Counsel, Commercial, Police & Regulatory Prosecutions, Criminal Appeals & Special Prosecutions, B.C. Prosecution Service, Ministry of the Attorney General (B.C.)

Cybercrime investigations present unique challenges for police, defence counsel, and the courts. This cross-disciplinary panel will offer practical perspectives on what investigators and counsel should—and shouldn’t—focus on, including how overreaching during an investigation can create unnecessary complications. Panelists will share practical tips for navigating investigative steps, reviewing disclosure, and managing large volumes of digital data, while also addressing the latest developments in section 11(b), including the Supreme Court of Canada’s decision in R. v. Vrbanic, and solicitor-client privilege issues arising from computer devices.

Maura Grossman, Research Professor, Cheriton School of Computer Science, University of Waterloo; Adjunct Professor, Osgoode Hall Law School, York University
Michael Nesbitt, Associate Dean (Research) & Associate Professor, Faculty of Law, University of Calgary

This practical presentation will explore how to identify and detect AI-generated or manipulated content, when—and how—arguments of AI manipulation should be raised, and the ethical considerations that arise from using AI in legal practice and investigations. The discussion will also examine practical applications of AI in police investigations, fraud detection, and anti-money laundering.