1997 Whitehorse YK Uniform Electronic Evidence Act CONSULTATION PAPER comments no later than April 30, 1997

[8] In reviewing proposals for law reform, the Conference must balance a number of factors: the nature of the threshold that should apply to the admissibility of electronic evidence; the burden of proof on the proponent or opponent of the evidence; and the procedural requirements to ensure a proper examination of electronic evidence adduced before the court. [...] What should be the onus on the opponent to rebut the statutory presumption created as to the integrity of the electronic record? Should the opponent be required to rebut the presumption on a balance of probabilities? Or, should it be sufficient for the opponent merely to raise a reason to doubt the integrity of the record, thereby requiring the proponent to adduce evidence to satisfy the court of. [...] [47] The ULCC solicits the readers' views on the content of an affidavit in support of the integrity of the system and on what it would take to rebut a presumption in favour of the integrity so that the proponent must lead further evidence. [...] The making and the use of the record in the course of business provides sufficient guarantee of the truth of the record's contents to support admission. [...] In assessing the evidential weight of a data message, regard shall be had to the reliability of the manner in which the data message was generated, stored or communicated, to the reliability of the manner in which the integrity of the information was maintained, to the manner in which its originator was identified, and to any other relevant factor.