Section 490C of the criminal code addresses the requirements surrounding return of seized items. We explore the issues which may arise when seized items are repositories of digital data.
Does Section 490 CC even apply to data?
Can law enforcement investigators return a phone after they fail to unlock it and if so, what are the guidelines?
Can a phone be seized by law enforcement from a defence forensic expert who unlocked it?
Does an image taken have to be returned to the accused/target?
Presenters:
William Ellwood, ellwood Evidence Inc. (Toronto)
Stephanie DiGiuseppe, Ruby Ahiller (Toronto)
Steven Johnston, Alberta Justic (Calgary)