ALG's Lynda Morgan, Ava Armand, and Wes Dutcher-Walls contributed articles to the May 2022 issue of For the Defence magazine. For the Defence is the quarterly magazine of the Criminal Lawyers' Association.
Lynda and Ava's article discusses issues regarding screenshot evidence in criminal cases. As Lynda and Ava note, sometimes a screenshot is the best or only source of evidence, particularly where individuals have communicated using applications that retain content for a limited time. The article discusses recent developments in the law on the admissibility and use of screenshot evidence in court.
Wes' article provides tips and strategies for defence lawyers litigating constitutional issues in applications to exclude evidence from a criminal trial. Wes discusses the differences between the reasonable expectation of privacy analysis in search and seizure cases and the test for excluding evidence under section 24(2) of the Charter. Wes argues that "defence counsel should continue resisting any attempts to create a new bright line rule that would limit our clients’ access to one of the few tools they have to hold the state accountable and vindicate their Charter-protected rights."