One of the most palpable concerns about digital media is whether it can be trusted. One of the topics that I am researching and writing about in my PhD is…
Image Alteration (Forgery) Detection: An Overview
One of the most palpable concerns about digital media is whether it can be trusted. One of the topics that I am researching and writing about in my PhD is…
Expert Witness or Lay Witness: Who Decides and Why?
When I teach my Courtroom Testimony for Expert Witnesses course, a topic that frequently arises is how the decision is made as to whether to present an expert as an expert witness…
Frame by Frame Analysis and the Use of Spotlighting Accepted in Murder Prosecution
In R. v. Ahmed, 2021 ONSC 2141 (Ontario Superior Court of Justice), the defendant was charged with murder arising out of a shooting in an Ottawa nightclub. He admitted shooting the…
Court Restricts Forensic Video Analyst in Image Comparison Opinion Evidence
In Canada and the United States, courts rarely limit the ability of a qualified forensic video analyst to provide image comparison opinions. Conversely, in the United Kingdom, the Forensic Science…
Appellate Courts Weigh in on Authentication of Digital Media in Canada
Authentication of digital media by the tendering party is a precondition for admissibility at trial. The focus of this article is on assessing what level of proof is required in…
Defence Challenges Motion Tracking by Forensic Video Analyst: Too Helpful Perhaps?
The quintessential role of the expert witness in the courtroom is assistive by design. Expert witnesses are only permitted to testify if they possess scientific, technical, or other specialized knowledge…
Identification of Defendant in Video by Detective Causes Retrial
Who is permitted to express an opinion on identification of people shown in surveillance video? That was one of two issues before the Appellate Division of the Superior Court of…
Should Video Recordings of Monitors be Ruled Authentic?
In order to make sound, informed decisions about the content of videos tendered as evidence, it is preferable to have the original recording, or a copy that has been verified…
Appellate Ruling on Authentication: Speculation of Impropriety Not Enough
Should video evidence be ruled inadmissible because an expert raises potential concerns regarding its authenticity? Mere speculation is insufficient to dislodge a prima facie showing of threshold authenticity according to the Court…
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