Calgary Criminal Lawyers on the Role of Social Media in Criminal Cases
                     
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 behind- 
the-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