Records, Archives and the Law

Pre-requisites: ARST 510, ARST 515, ARST 516, ARST 520.

Goals: Following the life cycle of the record, to provide an understanding of the relationship between archives and the law.

Objectives:

1. To provide an understanding of role and responsibilities of archives in the Canadian legal system.
2. To familiarize you with legislation and case law relevant to individual records and to archives.
3. To enable you to apply the principles of evidence law to records throughout their life cycle.
4. To enable you to recognize legal risks from contract, tort and criminal law affecting archives and how to manage these risks.
5. To make you knowledgeable about the current trends in electronic discovery, including use of The Sedona Canada Principles Addressing Electronic Discovery.
6. To develop your understanding of the relationship between archives and copyright and intellectual property law.

Content:

1. Overview of the Canadian legal system Legislation and case law affecting archival institutions or programs.
2. Legislation and case law relevant to records.
3. Legal risks and liability in contract, tort and criminal law.
4. Managing legal risks and available legal defences e.Principles of evidence law applied to records.
5. Records retention and improper destruction (spoliation) of evidence.
6. Current trends in electronic discovery and The Sedona Canada Principles Addressing Electronic Discovery.
7. Copyright and intellectual property law.