A Nigerian-born legal scholar at the University of Calgary has achieved a significant academic and judicial milestone after research on digital evidence was cited by Canada’s highest court in a landmark ruling.
Dr. Gideon Christian, an Associate Professor at the University of Calgary Faculty of Law, contributed scholarship that the Supreme Court of Canada relied upon as it reconsidered one of the country’s longstanding rules governing the destruction and concealment of evidence.
The development is particularly significant because the legal doctrine at the centre of the case had remained largely untouched for approximately 130 years.
The Supreme Court addressed the issue in its July 31 judgment in SS&C Technologies Canada Corp. v. Bank of New York Mellon Corp., using the case to establish a uniform four-part test for determining when spoliation has occurred and to clarify what can happen when a party intentionally destroys or conceals evidence relevant to a legal dispute.
Christian’s contribution came from research that anticipated a problem created by the transformation of record-keeping itself.
His 2022 paper in the Alberta Law Review, titled “A ‘Century’ Overdue: Revisiting the Doctrine of Spoliation in the Age of Electronic Documents,” examined how a legal principle developed in an era of physical records could function in a world where evidence is increasingly digital.
Today, information can be distributed across computers, mobile phones, servers and other systems. Records may also disappear through automated deletion or routine data-retention procedures, creating circumstances that could scarcely have been contemplated when the doctrine was developed in the 19th century.
That technological shift was central to the Supreme Court’s consideration of how Canadian spoliation law should operate.
The Court drew on Christian’s scholarship while examining the need to update the doctrine for electronic evidence. His research also featured in the Court’s discussion of the preservation obligation underlying its new test and the application of remedies that can be tailored and proportionate to individual circumstances.
His scholarship had already entered the judicial record before reaching Canada’s highest court, having been cited by the Ontario Court of Appeal as the case moved through the appellate process.
The Supreme Court’s decision now gives greater consistency to an area of law in which lower courts had previously adopted different formulations of the applicable test and varied approaches to remedies.
Yet the judgment deliberately leaves some questions for future consideration which include whether negligent destruction of evidence can amount to spoliation and whether spoliation should be recognized under Canadian law as an independent tort.
For Christian, the ruling extends beyond the technical development of evidence law. Its central lesson, he argues, is that a litigant should not be allowed to benefit from an absence of evidence that the party deliberately created.
He also sees the decision as a reminder that evidence preservation can no longer be treated as an issue that begins only after litigation has commenced.
Organizations, lawyers and litigants increasingly operate in environments containing vast and complex digital records. How those records are managed, retained and protected can ultimately affect the integrity of legal proceedings.
Christian’s research therefore speaks to a greater transformation in the justice system: laws built around physical documents must increasingly account for the realities of digital information.
For the scholar himself, the Supreme Court’s reliance on his work represents an extraordinary professional achievement.
“For any legal scholar, seeing your work cited by the courts is a great honour; but to have that work cited by the country’s highest court is one of the most significant forms of scholarly recognition. It is both humbling and, for me, a career-defining moment,” Christian said.
The journey of his research from an academic paper to consideration by Canada’s highest court illustrates the practical influence that rigorous scholarship can have on the development of law.
In this case, research examining how evidence survives and disappears in the digital age has helped inform a major judicial effort to bring a centuries-old legal principle into the realities of modern record-keeping.