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| 8:15 |
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Registration and Continental Breakfast |
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| 9:00 |
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Welcome and Introduction
Susheel Gupta, Counsel, Department of Justice
Crimes Against Humanity and War Crimes Section
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| 9:05 |
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Crime and Technology in 2010: New Issues,
Crimes,
Criminals, Laws and Challenges
Susheel Gupta, Counsel, Department of Justice
Crimes Against Humanity and War Crimes Section
Mr. Gupta will describe the evolving landscape and latest
threats facing the criminal justice system in the world of
crimes involving the use of technology. Learn how many of
your cases already have a digital evidence element to them
and why you need to be aware of all the relevant issues.
- What is cybercrime in 2010?
- The implementation of new criminal laws
- Why every criminal lawyer needs to be aware of crimes
involving the use of technology and digital evidence
- How is technology being used today by criminals to commit crimes and by investigators to build cases and
provide evidence?
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| 10:05 |
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Refreshment Break |
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| 10:20 |
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Digital Forensics: Cell phones, Smartphones,
and other Gadgets
Daniel Embury, Senior Forensic Hardware Engineer
R&D Team Leader, Technical Analysis Team, Technological
Crime Branch, Royal Canadian Mounted Police
This presentation will provide participants with an overview
of the latest use of items including Smartphones and other
electronic gadgets, and the challenges they present to
digital forensic analysis. The presentation will address
specific issues related to such devices including the manner
of the forensic search and the criminal use of BlackBerry
devices connected to fully secure/encrypted domestic
and offshore servers and the challenges/roadblocks that
this presents.
The discussion will also include information about how
such devices have become an integral part of the criminal’s
electronic “footprint” and what types of evidence can
be discovered from the forensic analysis of such devices.
Finally, it will provide participants with information about
the considerations which need to go into presenting
such evidence, the possible uses of it (inculpatory and
exculpatory) and strategies for approaching this type
of evidence.
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| 11:20 |
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Special Guest Speaker
Susan W. Brenner, NCR Distinguished Professor of Law &
Technology, University of Dayton School of Law, Ohio, USA
“The Fourth Amendment in Cyberspace: Emerging
Issues in Digital Search and Seizure under U.S. Law”
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| 12:15 |
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Networking Luncheon |
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| 1:00 |
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How to Present Evidence and Prove Your Case
Scott K. Fenton, Fenton, Smith Barristers
Steven Johnston, Senior Crown Attorney
Special Prosecutions, Manitoba Justice
Phillip Fodchuk, CISSP, CISA, Principal
ForensicWorks Inc. Calgary, AB
- Disclosure: how to present the e-data gathered during the
course of an investigation
- Proving the chain of custody of electronic evidence
- The essential elements of an offence
- Where technology offences can occur: access device fraud
and more
- Processing the information
- Presenting the evidence at trial
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| 2:00 |
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Search and Seizure — Part One
Key Technical Issues
Phillip Fodchuk, CISSP, CISA, Principal
ForensicWorks Inc. Calgary, AB
The combination of rapidly growing digital storage
capacities and the amount of data being stored by users
raises many challenges which will be addressed in this
session, including:
- What is the current legal environment surrounding potential over-seizure allegations?
- How to best address the ability to search data in a rapidly
growing and changing environment?
- Current legal issues surrounding computer forensic methodologies
- What are legal counsel looking for today when a computer
forensic report is material to the case?
- How has the evolution of computer forensics in investigations affected the investigators, counsel and the
courts?
• Exculpatory evidence
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| 3:00 |
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Refreshment Break |
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| 3:15 |
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Search and Seizure — Part Two
Key Legal Issues
Scott K. Fenton, Fenton, Smith Barristers
Michal Fairburn, Crown Counsel, Crown Law Office–
Criminal, Ministry of the Attorney General (Ont.)
Steven Johnston, Senior Crown Attorney
Special Prosecutions, Manitoba Justice
Stephen McCammon, Legal Counsel, Office of the
Ontario Information and Privacy Commissioner
• How do R. v. Grant, 2009 SCC 32, and R. v. Patrick, 2009
SCC 17 impact on electronic evidence and reciprocal
privacy policies?
• Personal Information Protection and Electronic Documents
Act (PIPEDA) update
• Search incident to arrest
• Tower searches and the seizure of electronic devices
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| 4:15 |
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Round-Up and Open Forum
Susheel Gupta, Counsel, Department of Justice
Crimes Against Humanity and War Crimes Section
Steven Johnston, Senior Crown Attorney
Special Prosecutions, Manitoba Justice
Phillip Fodchuk, CISSP, CISA, Principal
ForensicWorks Inc. Calgary, AB
Daniel Embury, Senior Forensic Hardware Engineer
R&D Team Leader, Technical Analysis Team
Technological Crime Branch, Royal Canadian
Mounted Police
The faculty will identify, examine and explain other
developments in the law of technology crime
and electronic evidence and how these changes
will impact on the investigation, prosecution and
defence of criminal cases. Topics covered will include
sentencing practices and other “hot off the press”
issues and the focus will be on practical tips
and techniques.
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| 4:45 |
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Program Concludes |
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