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Around the World, Ediscovery in Canada, Law & Policy

Electronic Document Rules Working Group: Focus on Proportionality

  • By Steven Toews
  • June 10, 2020
  • 481 Views 3 Min Read

The Working Group identified the Canadian legal response to ediscovery to be “ad hoc,” “reactive,” and a “patchwork of rules, practice directions, and guidelines.”

Around the World, Ediscovery in Canada

R. v. Cheung – An Early Electronic Discovery Nightmare

  • By Steven Toews
  • July 12, 2020
  • 518 Views 2 Min Read

E-disclosure, in the criminal context, isn’t necessarily the panacea that some think it is. While it can usually be easily accessed, in-custody accused have particular difficulty in exercising their right to meaningfully review disclosure when it is provided in electronic form.

Tech & Software, Tips, Trends & Best Practices

Document Shredding? Not with Robust eDiscovery Processes

  • By Drew Donnelly
  • June 10, 2020
  • 525 Views 3 Min Read

eDiscovery is a set of electronic tools, including data analytics, applied to the specific legal procedure of Discovery. But there is no reason why these tools can’t cross-pollinate, and be applied to other domains.

Ediscovery in Canada

By Steven Toews

R. v. Vickerson – Discovery in Criminal Law

Continuing my look at discovery in criminal law, we come to this next, more current, case. In R. v. Vickerson,...

July 12, 2020
469 Views 2 Min Read

By Steven Toews

Computer Discovery – The “I Don’t Have a Computer” Argument

In R. v. Cheung, 2000 ABPC 86, thirty-four accused were charged with participating in a criminal organization and conspiracy to...

July 12, 2020
650 Views 2 Min Read

By Steven Toews

R. v. Cheung – An Early Electronic Discovery Nightmare

In R. v. Cheung, 2000 ABPC 86, 34 accused were jointly charged with conspiracy to commit an indictable offense and...

July 12, 2020
518 Views 2 Min Read

By Steven Toews

Electronic Discovery in Criminal Cases, a Problematic Undertaking

Electronic discovery in criminal cases has long been a problematic undertaking for prosecution services and police departments across Canada. My...

July 12, 2020
436 Views 2 Min Read

By Steven Toews

Help me, I’m Stubborn: A (Misguided) Request for Paper Disclosure

In R. v. Piaskowski et al, 2007 MBQB 68, the Manitoba Court of Queen’s Bench was confronted with an extraordinary...

June 10, 2020
827 Views 2 Min Read

By Steven Toews

Electronic Document Rules Working Group: Focus on Proportionality

The Electronic Document Rules Working Group was established in 2016 by the Uniform Law Conference of Canada. The purpose of...

June 10, 2020
481 Views 3 Min Read

By Steven Toews

Canadian Access to Information Requests = Difficult eDiscovery

Access to information requests became a sticky proposition for public health authorities in Canada in the latter part of the...

June 10, 2020
644 Views 3 Min Read

By Steven Toews

A Double-Edged Sword: Plaintiff Appeals Order To Turn Over His Metadata

In Laushway v. Messervey, 2014 NSCA 7, the Nova Scotia Court of Appeal considered the case of a bashful plaintiff...

June 3, 2020
414 Views 3 Min Read

By Steven Toews

eDisclosure Basics in Rural Canada: A Final Word

When I was practicing criminal law in northern Manitoba, Canada, we didn’t have the benefit of a lot of conveniences,...

May 9, 2020
540 Views 3 Min Read

By Steven Toews

eDiscovery Best Practices in Remote Locations

Last week I discussed a couple of cases that illustrate the obligations of the prosecution when providing edisclosure to defense...

May 9, 2020
552 Views 4 Min Read

By Steven Toews

Challenging Inadequate eDisclosure Systems in Canada

Last week, I mentioned that the edisclosure system we utilized at the Crown’s office in northern Manitoba was likely inadequate....

May 8, 2020
487 Views 4 Min Read

By Steven Toews

eDisclosure in the 19th Century: Welcome to Manitoba

My History Between the years 2012 and 2018 I worked mostly as a Crown Attorney in northern Manitoba, Canada. Crown...

May 8, 2020
522 Views 4 Min Read

By Steven Toews

The Sedona Canada Principles At Work

The Sedona Canada Principles are the Canadian version of the Sedona Principles commonly used in the United States. Simply put,...

April 13, 2020
605 Views 4 Min Read

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