ARST 580 (3)

RECORDS, ARCHIVES, AND THE LAW

Previously ARST 575E (3) Archives and the Law

PREREQUISITES:

MAS and Dual Students: completion of the MAS core plus 12 credits of which 6 credits must be ARST courses

MLIS students: completion of the MLIS core courses, plus permission of the SLAIS Graduate Adviser

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

OBJECTIVES:

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

CONTENT:

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