What is the reliability of Mentum Planet’s data analysis for forensic purposes?

New Brunswick, Canada


The following excerpt is from Her Majesty the Queen v. Dennis James Oland, 2015 NBQB 244 (CanLII):

However, the absence of specific error rates is but one factor to consider (See: R v. Beland 1987 CanLII 27 (SCC), [1987] 2 S.C.R. 398 at para. 19). In my view, the propagation maps have not lost probative value simply because there is no established confidence level or error rate attached to it. What I take from the evidence is that propagation mapping through the Mentum Planet software is a multi-billion dollar (judicial notice) communication industry’s best effort means (in designing, installing and optimizing cellular towers) to identify, respond to and take advantage of an unchallenged basic general rule of science underlying the relationship of a cell phone tower and a cell phone (i.e. “radio signals will register at the tower with the strongest signal, which is usually, though not always, the closest tower”). And, the maps produced are but demonstrative of the results of that effort. Granted, the design, construction and optimization of cellular networks is not done with forensic cell location evidence in mind. Nonetheless, a cell phone’s general location and the ability to predict a cell phone’s general location relative to a cellular tower based on the “general rule” appears of importance to communication service providers, for obvious quality control and quality assurance purposes. I fail to see how the derivative use for forensic purposes undermines the indicia of reliability associated with the software employed. There is sufficient reliability associated with this type of evidence, worthy of the jury’s consideration.

Other Questions


What is the test for determining the purpose of the police purpose of a stop? (New Brunswick, Canada)
In what circumstances will the court impute income for the purposes of determining child support? (New Brunswick, Canada)
What is the standard of review for the purpose of determining the correctness of a motion? (New Brunswick, Canada)
What is the analysis required to determine what is in J.'s best interest? (New Brunswick, Canada)
What is the impact of a separation agreement between a husband and wife for support purposes? (New Brunswick, Canada)
What is the test for the proposition that expropriating authority does not abuse its power and target natural resources for its own purposes? (New Brunswick, Canada)
Is retroactive pay included as income for child support purposes? (New Brunswick, Canada)
What is the purpose of a s.15.2 order for a review of a claim made by a party to a claim of sexual assault? (New Brunswick, Canada)
Is a retroactive pay equity settlement and interest on it income for child support purposes? (New Brunswick, Canada)
What is the test for establishing a charitable purpose? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.