mercredi 12 février 2014

La preuve lue sur l'écran d'un ordinateur peut être admissible dans certaines circonstances

R. v. Pham, 1999 BCCA 571 (CanLII)


[22] The passport in the above case was located in the residence in which the accused was arrested and the officer did not take it into his possession.  Also, in R. v. West (8 February 1989), Victoria V00766 (B.C.C.A.), this Court held that a store manager could testify respecting the store's inventory from his notes of information that he had called up and displayed on the store's computer screen.  This evidence was tendered in order to prove an inventory from a store in order to prove a theft in a case involving breaking and entering.  Hinkson J.A., speaking for the Court, ruled as follows:

...it is my view that the evidence of the manager was admissible.  It seems to me that he was entitled, as manager, to look at the information displayed on the computer screen which he called up from the computer's memory bank with respect to the inventory of these particular products.  He was entitled to testify as to what he read on the screen.  He was entitled to testify, of course, about what he observed with respect to the 'facing up' of the stock.  He was entitled to testify with respect to his physical count of the inventory.  In my opinion, dealing with his evidence as to what he read on the computer screen, that evidence was admissible.  The objection is that it was really hearsay and, as such, inadmissible.  But, in my opinion, the evidence was admissible and any question as to its accuracy would go to weight rather than admissibility.

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