IM records leading to a conviction

R. v. B.A., 2011 ONCA 544 is an example of a case where instant messaging chat records were sufficient to support a conviction.

The defendant was a young high school teacher. The trial judge found that he and the complainant – then a 15-year old grade 10 student – carried on a sexual relationship between December 2006 and September 2007. Critical to the finding was records of instant messaging. The Court held:


[3]              The evidence also included a series of MSN chat logs/emails extending over a lengthy period of time, as well as notes exchanged between the appellant and the complainant during classes that he supervised at the school.  The MSN messages and notes were salacious and graphic in their description of sexual activities between the two, both past and intended.  One final MSN chat/email occurred after the disclosure of the relationship; in it the appellant pleads for the complainant to lie about the relationship to save him and his job and to tell people she made it all up.  The complainant declined to do so.  The trial judge accurately characterized this MSN chat as "darkly compelling".