Is there any nexus between electronic stored records and alleged offences?
New Brunswick, Canada
The following excerpt is from 506913 N.B. Ltd. et al v. R et al, 2004 NBQB 368 (CanLII):
The scope of review I am permitted to conduct does not allow a review of the nexus or lack of nexus between electronically stored records and the alleged offences. The hard drives seized were from the target computers. These were not law firms which may have had many non target clients data filed on a seized hard drive. To that extent, the judgment in Festing v. Canada [2001] B.C.J. No.2278 is of no value. Today, it is only reasonable to conclude that business records are computer records.
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