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Login to watch this video if you have a subscription. Learn more about subscriptions.Justice Peter Doody, and Jon Doody discuss the legal and technical issues related to digital evidence. Following an overview of the law related to authenticating and admitting digital video evidence, the presentation will addresse key technical characteristics of digital evidence, including its inherent limitations. Panelists will review common evidentiary issues that counsel should be alert to, including disclosure requests and possible evidentiary/ Charter motions.
Jon Doody has been with Bayne Sellar Ertel Carter since 2011 when he started working as a summer student. He was called to the bar in 2014, and has been practicing criminal law since. During his time with the firm, Jon has had the opportunity to work with senior counsel assisting in the defense of a number of criminal and quasi-criminal charges. He has represented clients facing a wide array of criminal offence charges including, but not limited to: impaired driving, assault, assault causing bodily harm, sexual assault, aggravated sexual assault, possession of a firearm, murder and terrorism. Jon has assisted on matters before the Ontario Court of Justice, the Superior Court of Justice (including both jury and non-jury trials), the Ontario Court of Appeal and a military courts martial. Jon also represents clients in regulatory matters, such as Highway Traffic Act offences and By-law infractions, as well as appeals of such matters. Jon has expertise in reviewing and challenging both search warrants and the underlying documents -- Information to Obtains (ITOs) -- used to request a search warrant. Search warrants are often used in cases involving drugs, weapons and computer-related offences such as child pornography. Successfully defending these charges often requires a careful assessment of the search warrants and challenging them when necessary. After completing his Honors Degree in History and Film at Queen's University, Jon attended the University of Windsor where he completed his J.D. in 2013. While in law school, Jon worked at the Community Legal Clinic in Windsor, and in his final year he completed a clerkship with Justice Dean of the Superior Court in Windsor. Jon is a member of the Criminal Lawyers Association and the Defence Counsel Association of Ottawa.
Justice Peter K. Doody was called to the Ontario bar in 1982 and the Nunavut bar in 2010. A partner with the firm Borden Ladner Gervais since 1990, Justice Doody carried on a large and varied litigation practice focused on public and administrative law, commercial litigation, insurance law, and arbitration, together with regularly acting as criminal defence counsel. He frequently acted for governments at all levels and ministers of the Crown. He appeared as counsel in and to a number of commissions of inquiry, including as counsel to former Prime Minister Chretien in the Gomery Inquiry, as a senior Commission counsel in the Elliot Lake Inquiry, and as counsel to the Correctional Investigator in the Prison for Women Inquiry. He has appeared as counsel in all levels of court in Ontario and Nunavut, including the Supreme Court of Canada on a number of occasions. He is a Fellow of the American College of Trial Lawyers and has been recognized in the Canadian Legal Lexpert Directory and Best Lawyers in Canada in a number of categories. He has been a sessional lecturer at the law schools at Queen's University and the University of Ottawa, and in the Department of Law and Legal Studies at Carleton University, in criminal law, conflict of laws, public law, and civil procedure. Justice Doody was appointed in 2016.