Tech Crime and Electronic Evidence 2021

Susheel Gupta
Senior Strategic Operations Advisor – Counter-Terrorism & National Security, Federal Policing National Security, RCMP

Lynda Morgan
Addario Law Group, LLP (Moderator)

Panellists:

Erin Dann
Embry Dann LLP

Mabel Lai
Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)

Samara Secter
Addario Law Group LLP

• Most recent cases from Canadian Courts of Appeal
• Up-to-the-minute review of latest SCC decisions in practice
• Passwords; privacy, law, and policy

Dave Cobey
Technical Case Management Program, Technical Investigations Services, RCMP

Kate Robertson
Markson Law

Amanda Edmunds
Director, Privacy Act Compliance, Office of the Privacy Commissioner of Canada (OPC)

• AI tools in criminal justice, including facial recognition, risk assessments, probabilistic genotyping, etc.
• Privacy implications of AI tools (e.g., Clearview AI)
• Transparency and disclosure of AI tools (Stinchcombe disclosure; full, frank, and fair disclosure to the issuing justice)
• Ethical considerations in the adoption and use of AI tools

Steven Johnston
Crown Prosecutor, Specialized Prosecutions Branch, Alberta Justice

Inspector Alexandre Beaulieu
RCMP-GRC National Division, OIC Technical Investigative Services

Using a ransomware case scenario, Inspector Beaulieu and Steven Johnston will discuss the steps you need to take, including:

• Strategies for tackling the ethical issues: to pay or not to pay
• How to develop and use a preliminary checklist

Alan Butler
Executive Director and President, Electronic Privacy Information Center, Washington, D.C.

“Preserving Privacy in Public: How Courts are Responding to New Pervasive Tracking Technologies.””

Steven Johnston
Crown Prosecutor, Specialized Prosecutions Branch, Alberta Justice (Moderator)

Tony Paisana
Partner, Peck & Company, Vancouver

James Rowan
Technology Crime Prosecutor, Appeals and Specialized Prosecutions, Alberta Crown Prosecution Service

Digital evidence is not infallible. These wellpracticed Crown and defence lawyers will share their tips and tactics on getting this evidence in or keeping it out.

• Smart device logs and records
• Server evidence
• Special provisions in sexual assault cases
• Authenticating the evidence so it is admissible

Lisa Henderson
Provincial Crown Coordinator, Provincial Strategy to Combat Internet Crimes Against Children, Criminal Law Division – Ministry of the Attorney General (Ontario)

Michael Lacy
Partner – Criminal Law Group, Brauti Thorning Zibarras LLP, Toronto

Steven L. Rogers
President, Digital Evidence International Inc.

The forensic report can be key to making or breaking a case.

• What to look for in the report
• Details commonly overlooked
• Attacking conclusions and assertions
• Challenging the computer forensics investigator

Adam Mauntah
Counsel, Department of Justice (DOJ). Canada Revenue Agency Departmental Legal Services

Alvin Qian
Ontario Securities Commission, Enforcement Branch, Litigation Counsel

Ann Salvatore
Deputy Commissioner, Competition Bureau, Canada

Search and Seizure powers available to regulatory agencies are often very different from those that can be used in criminal
investigations by police.

• What are the latest challenges involving technology issues for regulatory investigators?
• Bridging the information sharing border between criminal and regulatory investigations
• Avoiding potential Charter hazards

Matthew Asma
Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General (Ontario)

Alexander Bernard
Senior Counsel, Public Prosecution Service of Canada, Alberta

Lynda Morgan
Addario Law Group LLP

• Special considerations in conducting investigations across borders
• The CLOUD Act, The Stored Communications Act, International Law
• Where are we now with Brecknell?