A Silver Lining to Social Media Evidence

This article examines the authentication of social media evidence in Canadian courts, focusing on the 2021 R v Aslami decision. It discusses the challenges of applying the Canada Evidence Act (CEA) and common law to rapidly evolving digital platforms. This article explores Lisa Silver’s argument for a rigorous judicial approach, advocating for expert voir dire in cases involving social media evidence. By analyzing Aslami, this article assesses whether the court’s approach aligns with Silver’s recommendations and considers the need for an adaptable legal framework as new types of digital evidence emerge.