On the Internet, Nobody Knows You are a Dog: Contested Authorship of Digital Evidence in Cases of Gender-Based Violence

This article examines evidentiary rules about electronic documents related to technology and gender-based violence. <br><br>In this article, we examine various aspects of digital evidence at gender-based violence trials, drawing on relevant Canadian criminal case law. First, we describe some of the unique challenges related to electronic documents generally with respect to determining authorship. Second, we review some of the historical and ongoing practices within the criminal justice system that rely on harmful gendered myths about GBV and note the potential for these myths to emerge in relation to digital evidence. Third, we discuss the duty of investigating police officers to gather the necessary available digital evidence to demonstrate authorship and note potential gaps in current investigatory practices that could negatively impact the trial outcome for victims of GBV. Fourth, we review some of the evidentiary rules for admitting and authenticating digital evidence at trial, discussing how these rules have been interpreted and applied in the GBV context. Fifth, we examine what evidentiary burdens the Crown faces in proving authorship at trial, highlighting the developing nature of law in this area. Finally, we conclude with several recommendations for various justice system actors on how to manage digital evidence in GBV cases where authorship may be contested.