Calgary Criminal Lawyers on the Role of Social Media in Criminal Cases Contents .................................................................................................................................................................... 2 How Police Use Social Media in Calgary ............................................................................................... 3 Monitoring Posts for Confessions or Threats ...................................................................................... 3 Collecting Evidence from Public Accounts......................................................................................... 3 Issuing Production Orders for Private Data ......................................................................................... 3 Risks for Accused Individuals ................................................................................................................ 4 Self-Incrimination through Posts ........................................................................................................ 4 Deleted Content May Still Be Recovered ........................................................................................... 4 Messages Used to Show Intent or Motive ........................................................................................... 4 Defence Tactics for Social Media Evidence............................................................................................ 5 Challenging Authenticity and Context ................................................................................................ 5 Arguing Violation of Privacy Rights................................................................................................... 5 Suppressing Illegally Obtained Data ................................................................................................... 6 Relevant Legal Frameworks ................................................................................................................... 6 Charter Section 8 – Protection Against Unreasonable Search ............................................................. 6 Canadian Privacy Laws ....................................................................................................................... 7 Case Law on Digital Evidence ............................................................................................................ 7 Why Tech-Savvy Legal Counsel Matters................................................................................................ 8 Understanding Metadata and Timestamps .......................................................................................... 8 Working with Digital Forensic Experts ............................................................................................... 8 Strategizing for Court Presentation ..................................................................................................... 8 Contact Details of Calgary Criminal Defence Lawyer .............................................................................. 9
How Police Use Social Media in Calgary Monitoring Posts for Confessions or Threats Calgary police routinely scan public social media posts for direct or implied admissions of criminal activity. Individuals may unknowingly incriminate themselves by:
Bragging about illegal behaviour (e.g., assaults, vandalism, drug use) Posting images or videos that depict weapons, cash, or drugs Threatening others online or in comment sections
These posts may prompt police to initiate surveillance, make inquiries, or lay charges based on reasonable grounds. For example, a person boasting about a weekend assault in downtown Calgary could find their post cited in court. Collecting Evidence from Public Accounts Public social media accounts are treated much like any open-source information. CPS investigators may monitor:
Posts, comments, and videos Location tags and geotagged images Connections between individuals (e.g., followers, likes, mutual friends)
Issuing Production Orders for Private Data When investigators require access to private social media content such as private messages or hidden posts they must follow formal legal procedures. Under Canadian law, Calgary police may apply for:
Production Orders under the Criminal Code Search warrants for account data or IP addresses Preservation demands to prevent deletion of digital evidence
Social media companies like Meta and X may cooperate with Canadian authorities if a valid court order is presented. This allows police to access deleted messages, login data, or media shared privately, which can become crucial in cases involving cyberbullying, fraud, drug trafficking, or violent crimes. Risks for Accused Individuals Self-Incrimination through Posts One of the most common pitfalls is self-incrimination. A photo, caption, or video posted online even as a joke can be interpreted as an admission of guilt. For example:
Posting a photo of yourself at a vandalised property Sharing images with firearms or illegal substances Commenting on someone else's post about a crime you were allegedly involved in
Even indirect or sarcastic remarks can be twisted and presented as evidence, particularly if they align with other facts in the investigation. Deleted Content May Still Be Recovered Many accused individuals believe that deleting a post or message will erase it forever. In reality, that content may still be:
Recovered by police through forensic analysis of devices Provided by social media companies under a production order Found in screenshots or archives saved by other users
Messages Used to Show Intent or Motive Private messages exchanged on platforms like Instagram, Facebook Messenger, or Snapchat can be used to:
Establish a timeline of events
Prove intent to commit a crime Suggest planning or coordination with others
Defence Tactics for Social Media Evidence Challenging Authenticity and Context A key tactic is questioning the authenticity of the evidence:
Was the account truly operated by the accused? Could someone else have posted the content? Has the image, video, or message been altered?
In some cases, defence lawyers present expert testimony to show that a post could have been fabricated, taken out of context, or uploaded by another person with access to the account. The goal is to create reasonable doubt about the origin or meaning of the content. Arguing Violation of Privacy Rights Defence counsel may also argue that the accused’s Charter rights specifically under Section 8, which protects against unreasonable search and seizure were violated. This can occur if:
Police accessed private messages without a valid production order Authorities obtained information through improper means (e.g., catfishing or fake accounts) The accused had a reasonable expectation of privacy, especially in closed groups or private chats
If the court finds that police breached the accused's privacy rights, the evidence may be excluded under Section 24(2) of the Canadian Charter of Rights and Freedoms.
Suppressing Illegally Obtained Data Any digital evidence obtained unlawfully can be suppressed, meaning it cannot be presented at trial. Common reasons for suppression include:
Lack of judicial authorisation (e.g., no search warrant or production order) Failure to disclose how evidence was obtained Procedural errors in handling or preserving digital material
Calgary defence lawyers will often file pretrial motions to exclude such evidence, arguing that its use would bring the administration of justice into disrepute.
Relevant Legal Frameworks Charter Section 8 – Protection Against Unreasonable Search Section 8 of the Canadian Charter of Rights and Freedoms protects every individual against unreasonable search or seizure. In the context of social media, this means:
Police cannot access private messages or account information without proper judicial authorisation (e.g., a warrant or production order). Accused individuals may have a reasonable expectation of privacy on certain platforms, especially in private conversations or restricted accounts.
If social media content is collected without respecting these privacy rights, the defence may argue for exclusion of that evidence under Section 24(2) of the Charter.
Canadian Privacy Laws Several Canadian laws govern how digital information is accessed and used, including:
Personal Information Protection and Electronic Documents Act (PIPEDA) – Regulates how private-sector companies (like social media platforms) handle personal information. Criminal Code of Canada – Sets out procedures for obtaining judicial authorisation to access electronic data (e.g., production orders, preservation demands). Youth Criminal Justice Act – Places additional restrictions on collecting and disclosing online information involving minors.
Police must follow proper legal channels to obtain private social media data. Failure to do so may violate an individual's privacy rights and render evidence inadmissible. Case Law on Digital Evidence Canadian courts, including those in Alberta, have increasingly weighed in on how social media evidence should be handled. Notable rulings have established that:
Screenshots alone may be insufficient to prove authorship or context. Courts must assess whether an individual had a reasonable expectation of privacy in the content. Metadata and timestamps can be critical in verifying authenticity.
Cases like R v. Ward and R v. Marakah have set important precedents on digital privacy and admissibility, helping Calgary criminal lawyers argue for or against the inclusion of social media evidence.
Why Tech-Savvy Legal Counsel Matters Understanding Metadata and Timestamps A skilled defence lawyer must be able to interpret metadata the behindthe-scenes information attached to digital files. This includes:
Time and date stamps Geolocation data Device identifiers (IP address, device model) File modification history
Working with Digital Forensic Experts In complex cases, tech-savvy counsel will collaborate with digital forensic experts to:
Verify the authenticity of posts or messages Reconstruct deleted or encrypted files Analyze communication patterns across platforms Identify whether evidence was tampered with
This partnership helps uncover weaknesses in the prosecution’s evidence and strengthens the defence narrative with credible expert input. Strategizing for Court Presentation Even if digital evidence is admissible, how it’s presented in court can significantly influence the outcome. A knowledgeable Calgary criminal lawyer will:
Object to misleading interpretations of social media content Prepare cross-examinations that expose inconsistencies Use visuals, timelines, and digital exhibits to aid the judge or jury in understanding the evidence
Contact Details of Calgary Criminal Defence Lawyer Akram Law - #280, 700 - 6th Avenue SW, T2P 0T8, Calgary, AB Phone Number: 403-774–9529 Email:
[email protected] Website - AkramLaw.com Business Hours: Monday-Thursday: 9 AM-5 PM, Friday: 9 AM-12 PM, Saturday: 10 AM-1 PM
