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ARTICLE · 26 JANUARY 2016

Evidence And Social Media: Notes From The Canadian Twitter Trial

On Friday, January 22, 2016, the Ontario Court of Justice released reasons in R. v. Elliott, 2016 ONCJ 35.

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On Friday, January 22, 2016, the Ontario Court of Justice released reasons in R. v. Elliott, 2016 ONCJ 35. The case involved allegations that the accused engaged in criminal harassment of two women by repeatedly communicating with them over Twitter. The case is interesting in a number of respects, not least of which was the court's struggle with how to address evidentiary challenges with social media.

A Little Background

The case stemmed from a dispute that took place over Twitter between the accused and, among others, the two complainants. The accused met one of the complainants once, but never met the other. An analysis of all of the tweets that were involved goes beyond the scope of this post. Suffice it to say that the exchanges were not always a model of civil discourse – on anyone's part.

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