The Crown brought a pre‑trial application seeking admission of a photograph allegedly depicting a police officer assaulting a protester during the 2010 G20 Summit in Toronto.
The image had been anonymously uploaded to a website and lacked metadata, raising concerns about provenance and possible manipulation.
Competing expert evidence addressed whether the photograph had been altered, but neither expert could confirm its authenticity or trace its origin.
Applying the established criteria for authenticating photographic evidence, the court held the Crown failed to establish fairness and absence of manipulation.
As a result, the photograph was not authenticated and was ruled inadmissible at trial.
