Setting Standards for the Admissibility of Computer-Generated Evidence

Questions regarding the admissibility of computer-generated evidence have re-emerged following two recent cases in the US and Canada. In a lengthy analysis, the Connecticut Supreme Court outlined a six-part test for admitting computer-generated information into evidence. In contrast, an Ontario decision discussed admissibility in much broader terms. An earlier Canadian decision in the Saskatchewan Court of Appeal had included a number of observations similar to those made in the Connecticut case. The divergent approaches raise admissibility and reliability concerns which Canadian courts will want to consider in the future. For an extended discussion of these and related issues, see the article on our web site: "Setting the Threshold for the Admissibility of Computer Generated Evidence – A Brief Review of Recent US and Canadian Decisions". Summary by: Colin Adams