The Supreme Court of Canada has issued a landmark decision concluding that text messages may attract a reasonable expectation of privacy even after they have been sent and received. The case recognizes the importance of electronic communications and the privacy implications of electronic messaging, establishing a standard that is likely to have a significant impact on investigations across the.. Their admissibility often hinges on the hearsay rule. Exceptions to Hearsay: While text messages can be considered hearsay, there are exceptions that might allow them to be admitted as evidence. For instance, if they are used to show the state of mind or intent of the sender. Relevance in Divorce Cases: Text messages can play a pivotal role in.
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The Supreme Court allowed Marakah's appeal, set aside his convictions and entered acquittals, on the basis that Marakah also had a reasonable expectation of privacy in the text messages recovered from Winchester's phone. The Court ruled that those messages were private in the circumstances and inadmissible on the same Charter -based grounds.. In determining the admissibility of electronic documents the court must determine whether the record is authentic and reliable.. Electronic Evidence in Canada (Toronto: Carwell, 2013), at pp. 13, 14. In relation to the admission of text messages found on a cell phone,.
