Thursday, June 20, 2019

Technology: Legal Guru Ken Chasse opines that electronic systems (software-based devices and systems now used in legal proceedings) are trusted far too much as to producing reliable evidence, in Slaw, Canada's online legal magazine.

ARTICLE: "Electronic Systems Are Trusted Far Too Much as to Producing Reliable Evidence – the Oland Example," by Ken Chasse, published by Slaw -  Canada's Online Legal Magazine - on June 19, 2019. (For 40 years, starting in 1966, Ken was a criminal lawyer in Ontario and British Columbia, Canada, I had the pleasure (and honour) of working with Ken for several years at the Ontario Legal Aid Plan many moons ago. He has an extraordinary legal mind - and knows of what he speaks.  HL);

GIST: "Most of the evidence now used in legal proceedings and for legal services comes from complex electronic systems and devices. But because of ignorance of technology in general, lawyers don’t challenge the reliability of such frequent sources of evidence. As a result, computers, their software, and computer storage, are dealt with as though they were infallible producers of evidence. As a result, so does the law of evidence. But the technical literature warns repeatedly that software-based devices and systems are far from infallible. Therefore, the evidence they produce may not be reliable.



Ken Chasse's article - with references to relevant publications - and commentary - can be read in ite entirety at:

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: Please send any comments or information on other cases and issues of interest to the readers of this blog to:  Harold Levy: Publisher: The Charles Smith Blog;