information contained in this report as law enforcement sensitive information
and do not share any contents of this report with persons unrelated to the
criminal investigation or any resulting criminal prosecution.
 The trial judge referred to these two statements in the
NCMEC Report as the “disclaimer” [at para. 22]. I will have more
to say about these two statements later when discussing what the
trial judge made of them.
 Cst. MacDonald was qualified as an expert in the areas of
“online cloud storage and internet investigations”. He had
previous experience with about 30 cases involving CyberTipline
Reports. He testified that he has never come across a Cyber Tipline
Report that had given him false information, and there was never
an error in the reported IP address.
 Cst. MacDonald testified Cyber Tipline Reports are sent to
law enforcement agencies all over the world. He said the vast
majority of Internet child exploitation investigators base their
work on CyberTipline Reports. He explained that local police
forces have no way of knowing when child pornography is
uploaded to a cloud server in a foreign country from a local
computer connected to the Internet. CyberTipline Reports link
the providers of cloud storage to local law enforcement. NCMEC
makes possible a system of international cooperation designed to
combat child exploitation and child pornography.
(2) The trial judge erred by requiring verification for accuracy
The trial judge’s reasons
 In the trial judge’s initial statement of the law, she indicated
the standard on review of a search warrant was one of “reasonable
probability”. In fact, she observed that the standard is “not an
onerous one”. She stated that the issuing justice “acts on reliable
information verified for accuracy, in other words, credible, compelling, corroborated evidence”. However, the standard she
applied throughout her analysis was that the police themselves
were required to verify the information for accuracy.
 The trial judge reasoned that “large corporations do make
mistakes and Microsoft is no exception. The police officers need to
check with Microsoft to verify the accuracy of any report that
comes into their possession.” She regarded Cst. MacDonald’s
reliance on the NCMEC Report without verifying for accuracy as
“both careless and reckless”.
The SCAJ’s conclusion
 The SCAJ concluded [at para. 83] that “the trial judge
erred in requiring verification for accuracy before the Microsoft