As artificial intelligence becomes increasingly sophisticated, questions surrounding the authenticity of digital evidence are creating new challenges in family law proceedings. Emails, text messages, photographs, and videos often play an important role in family court, but advancements in AI have made it easier to manipulate or fabricate these records. In an interview on CTV Your Morning, Christopher Yu, Partner at Shulman & Partners LLP, discussed how Ontario courts approach digital evidence and the steps individuals can take when they suspect information has been altered.
“With AI, it adds an additional layer of complication because, as you can see even on social media, people are now questioning: Is this video real? Is it fake? The same thing happens in family courts.”
— Christopher Yu, Partner, Shulman & Partners LLP
During the interview, Christopher discussed the growing concern surrounding manipulated digital evidence in family law proceedings, particularly as artificial intelligence makes it easier to create convincing but potentially false records. With emails, text messages, photographs, and videos frequently used to support claims in family court, determining whether that evidence is authentic has become an increasingly important consideration.
He noted that the manipulation of digital evidence is not a new issue. Traditional editing software has long allowed individuals to alter documents, messages, and images. However, AI introduces additional challenges by making fabricated content more convincing and potentially harder to identify. As people become increasingly accustomed to questioning the authenticity of online content, similar concerns are emerging in legal proceedings.
One of the key points Christopher addressed was how Ontario courts approach disputed electronic evidence. He explained that the responsibility generally falls on the party introducing an electronic record to establish its authenticity. If someone believes a message or document has been altered, they can challenge its reliability and provide original records to support their position.
The interview also referenced an Ontario criminal case involving fabricated Facebook messages that resulted in a man being wrongfully detained for several months. Although the case arose outside family court, it illustrated the serious consequences that falsified digital communications can have. Investigators were ultimately able to trace the messages to accounts connected to the accuser, demonstrating how electronic records can contain information that helps establish their true source.
For individuals involved in family law disputes, the discussion reinforces the importance of preserving original digital communications and carefully reviewing any evidence they believe may have been altered. Maintaining accurate records and raising concerns about authenticity early can help prevent misleading information from influencing legal proceedings.
As AI continues to evolve, the ability to verify digital evidence will remain an important part of ensuring fairness and reliability in Ontario family courts.
Watch the full CTV Your Morning Interview here.
This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.