Sedona Canada Commentary on Discovery of Social Media

The Sedona Canada Commentary on Discovery of Social Media builds on similar principles and guidelines regarding social media developed by the Sedona Conference Working Group 1 for the United States, including The Sedona Conference Primer on Social Media, first published in 2012 and updated in 2019. However, this Commentary focuses on the regulatory and practice requirements of the Canadian legal profession.

It includes sections on:

• traditional and emerging social media technologies, and the discovery challenges they present;
• relevance and proportionality in the context of social media;
• preservation challenges, collection, search obligations, and production considerations;
• cross-border issues related to social media;
• authentication issues; and
• ethical issues that lawyers should consider in connection with social media discovery.