eDiscovery Tips and Trends: Emojis and Litigation (LEG00275)

Overview

Delivery method

Online Self-Paced

Duration

50 minutes

Audience

Legal Professionnals

Description

This course is part of the Disclosure Project Management series offered by National eDiscovery and Litigation Support Services (NeDLSS). Disclosure Project Management is the eDiscovery framework adopted ‎by the Department of Justice.

As demonstrated by recent litigation in Canada and other jurisdictions, emoji evidence can be critical to the outcome of litigation. Does a thumbs up constitute consent to a contract? Is the use of an emoji libelous? How is the meaning of an emoji determined by an adjudicator?

This course discusses the history of emojis and some of the factors that may the meaning imputed to an emoji by both the sender and the receiver. The presenters go through how courts have interpreted emojis’ meaning in other jurisdictions, and in Canada. The presenters also discuss factors for litigator teams to consider when preserving, collecting, analysing and producing evidence that includes emojis. While artificial intelligence tools like sentiment analysis may assist with emoji interpretation, the presenters also discuss the limits of the technology. They finish with some best practices when handling evidence that includes emojis.

Note that while the original presentation was bilingual, the powerpoint is available in both official languages, and the recording is available with either French or English captions

Topics covered

• eDiscovery Basics (4:10)
• Overview of emojis and emoticons (7:59)
• Emojis and the courts (21:50)
• Preserving, collecting, analysing and producing emoji evidence (33:50)
• Sentiment analysis and emojis (41:20)

Accommodation measures: The Department of Justice is committed to providing an inclusive and barrier-free learning environment. If you have any accessibility needs in order to fully participate in the training activity, please contact your manager to discuss your needs. You may also call upon the services of the Centre for Workplace Access-Ability, Health and Wellness to help identify what type of accommodation measures you require.

For more information: Contact the Centre for Legal Education Services.

For information about the continuing professional development (CPD) hours for this course, please consult the 2025 Accreditation Summary.

If you have questions concerning the accreditation process, please contact our accreditation team by email (Accreditations@justice.gc.ca).