In terms of the manner or scope of the search conducted on the numerous computers, in this hearing I accept the testimony from retired Sgt. Jim Falconer. Amongst other facts, Sgt. Falconer testified that the devices were separated into two groups – a smaller subset consisting of GPS and cell phones in one group, and a larger group consisting of the rest (called by this writer simply as computer-related devices). The smaller group of devices yielded essentially no evidence but the larger group did.
[88] Sgt. Jim Falconer testified that he oversaw the examination of the computer-related devices. The computer related devices were first “imaged”. This is described in paragraphs 155 to 157 of the ITO. Collectively the computer-related devices contained about 31 terabytes (TB) of data.
[89] The images were then the subject of a preliminary triage by Sgt. Jim Falconer. By taking a very cursory review, he identified those devices which could potentially contain relevant information and identified those that he thought were unlikely to contain potentially relevant information. By examining file creation dates and last written dates he was able to identify “old” or stale computers.
[90] After imaging, each item was pre-processed. Pre-processing isolated a subset of data relating to internet browsing, internet communications, picture-type files and movie-type files. Picture-type files that were known to police or duplicated within the computer were pre-categorized so later, when the subset of data from each computer was examined, those images did not need to be further examined.
[91] Police personnel, called data reviewers, then examined the preprocessed subset (2.73 TB) in order to create an even narrower subset of findings. They then forwarded their results to Sgt. Jim Falconer. The data reviewers’ findings then allowed Sgt. Falconer to isolate 15 devices of the original 67 devices that required a more fulsome and potentially more intrusive forensic examination. Once complete, Sgt. Falconer then compiled a summary report that summarized .06% of the total data as potentially relevant.*
[92] Relating to the Bosma case, police obtained relevant evidence on seven devices – five devices from Millard’s home (at 5 Maple Gate Court) and two devices from his hangar.
