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ARTICLE · 23 JULY 2015

GPS Evidence: Not Hearsay But Is It Reliable?

A San Francisco-based 9th U.S. Circuit Court of Appeals has reportedly ruled that Google Earth's GPS coordinates in respect of the location of the device user is not hearsay and is admissable evidence.

CanadaLitigation, Mediation & Arbitration

A San Francisco-based 9th U.S. Circuit Court of Appeals has reportedly ruled that Google Earth's GPS coordinates in respect of the location of the device user is not hearsay and is admissable evidence.  Instead, admissability should be determined on the basis of the rules of authentication, considering reliability and accuracy.

Although this is a U.S. decision, there is a good prospect a Canadian Court would make a similar determination.  Many provinces have electronic records provisions in their Evidence Acts.  B.C. does not have express provisions but some records could be admitted as a business record under the B.C. Evidence Act.  See also this article "The Uniform Electronic Evidence Act Revisited" in Slaw by John Gregory.

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