Precedent - Notice to Admit Expert Opinion Evidence

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Experts

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Notice to Tender Expert Evidence

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

NOTICE TO ADDUCE QUALIFIED EXPERT OPINION EVIDENCE
(Section 657.3 of the Criminal Code)

WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that pursuant to section 657.3 of the Criminal Code at the forthcoming trial scheduled to begin on [date], the Crown will introduce evidence from an expert witness, with the particulars as follows:

(i) Name of Expert:	[name of the witness, reference to attached resume]
(ii) Area of Expertise:	[description of the area of expertise]
(iii) Summary of Opinion:	[summation of evidence, where possible reference to attached documents or reports summarizing the evidence]

AND TAKE NOTICE that Crown counsel is available should any clarification on the terms and scope of the qualifications be needed.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________
[Counsel's name]
[Counsel's title]

[Internal File Coding]

Computer Forensics

Notice to Tender Expert Evidence

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

NOTICE TO ADDUCE QUALIFIED EXPERT OPINION EVIDENCE
(Section 657.3 of the Criminal Code)

WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that pursuant to section 657.3 of the Criminal Code at the forthcoming trial shceduled to begin [first day of trial], the Crown will introduce evidence from an expert witness, particulars of whom are as follows:

(i) Name of Expert:

[name of the witness, reference to attached resume]

(ii) Area of Expertise:

Forensic Analyst, RCMP Technological Crime, capable of giving expert opinion evidence on the extraction, preservation, interpretation, and transmission of mobile phone data, including:

The process of extracting and authenticating data from the storage media, including previously deleted data using tools such as UFED analyzer, Graykey, and Cellebrite.
Interpretation of operating system configuration, settings, functions, and file management.
Interpreting industry-standard database and log files including SQL and XML-based standards.
Interpretation of activity logs metadata, including time and dates associated with communications and stored geolocation data stored by the operating system.
Interpretation of the Facebook and Snapchat apps, including activity logs, configuration, settings and user-facing functionality.

(iii) Summary of Opinion:

XXX will give opinions as outlined in disclosed reports as well as the following:

the records generated from the extraction process are an accurate representation of the contents of the devices.
At all material times the devices operated were functioning properly, that there was nothing observed that would potentially affect the integrity of the extracted data, and there is no reason to otherwise doubt the integrity of the records.
Facebook and Instagram are popular social media platforms that permit the exchange of text messages. In the course of sending and receiving text messages, various information is recorded on the device including send/receive dates and times.
Phones are capable of recording GPS data that can pinpoint the location of the phone within a certain geographic area.
Photographs and videos stored on a phone include information that provides indication of the time and date of the creation or receipt of the file and other related information.

AND TAKE NOTICE that Crown counsel is available should any clarification on the terms and scope of the qualifications be needed.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________
[Counsel's name]
[Counsel's title]

[Internal File Coding]