Use of Video and Photo Evidence

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1828
Page Categories:	[Evidence Law]
Citation:	Use of Video and Photo Evidence, CLNP 1828, <59>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2021/12/13

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Regina v. Creemer and Cormier, 1967 CanLII 711 (NS CA)

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All the cases dealing with the admissibility of photographs go to show that such admissibility depends on (1) their accuracy in truly representing the facts; (2) their fairness and absence of any intention to mislead; (3) their verification on oath by a person capable to do so. (...)

Mott v. Green, 2020 ONSC 3761 (CanLII)

[28] The second is that there was no evidence as to when the bruising had occurred, or how the bruising had occurred, only the photographs. All but one of the photographs do not show a face. Most digital photographs have the date and time the photograph was taken contained in their file name. That would have been of assistance. In addition, evidence from the photographer would have been of assistance in determining date and equally important authenticity: see R. v. Creemer, 1967 CanLII 711 (NS CA), [1967] N.S.J. No. 3 (N.S. C.A.), 53 M.P.R. 1. Given the evidence of Ms. Mott that the text messages annexed to the respondent’s affidavit had, from time to time, been altered through cutting and pasting, I do have concerns that the photographs may be from a completely different point in time and may have nothing to do with the applicant.

R. v. Ellison, 2021 ONSC 4794 (CanLII)

[50] Authentication of a photograph or video recording requires consideration of (1) the accuracy of the photograph/video recording in truly representing the facts; (2) the absence of any intention to mislead; and (3) their verification under oath by someone who is capable of doing so: R. v. Creemer and Cormier, 1967 CanLII 711 (NS CA), [1968] 1 C.C.C. 14 (N.S.C.A.).