Canada Criminal Law

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Can a private text message in face book be used in a

Canadian court case ( the...
can a private text message in face book be used in a Canadian court case ( the wife said stuff to hurt the husband in the heat of anger to a friend privately now they have heard the crown is using that) we are wondering can they ?
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Answered in 1 minute by:
3/7/2018
Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 105,502
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear of this difficult situation.

How did the Crown get this text?

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Customer reply replied 4 months ago
my daughter went to the rcmp and told them what happened and mentioned she had talked to her friend but that was all she said Sounds like the rcmp went to the friend and got it My daughter does not even remember what she said in it except that it was mean cause she wanted to hurt her husband and new what to say to do that.

The text is admissible so long as the police obtained it legally and so long as the police disclose this text to the husband as part of their disclosure.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 4 months ago
One other question would be is what do the RCMP have to do to obtain it legally? I was understanding that a warrant is needed as of dec 2017 it was said that text messages and voice confersations were the same and needed the same collection methods
not sure if this is right or not?

A warrant is not needed if the person who sent or received the text gave it to the RCMP.

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Customer reply replied 4 months ago
would the rcmp have to tell the person what they wanted it for or could they just ask for it
I understand that they asked the friend and the friend gave it not knowing why

They simply have to ask.

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Customer reply replied 4 months ago
ok thank you very much

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 105,502
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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