As Canada's only independent law firm devoted exclusively to eDiscovery and
electronic evidence management, Heuristica is frequently asked to speak or present at association meetings or to litigation teams about eDiscovery.
I offer that so readers know the perspective I could take concerning best practices related to
electronic evidence management and litigation support.
The eDiscovery industry has been built by pioneers on the backs of unsuspecting early adopter clients and technologists who shared a common vision, the digitization of the legal world and the inevitable mainstream adoption of
electronic evidence management.
Not exact matches
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Sedona Canada does not analyze: (1) the meaning and consequences of the «system integrity concept» in the e-records provisions of the
Evidence Acts — proof of «records integrity» requires proof of «records system integrity»; (2) the National Standard of Canada for e-records
management,
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005 («72.34»); and, (3) the need of the parties to exchange verifications of compliance, provided by records management experts, of their electronic records management systems (ERMS's) with the national
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2005 («72.34»); and, (3) the need of the parties to exchange verifications of compliance, provided by records
management experts, of their
electronic records management systems (ERMS's) with the national
electronic records
management systems (ERMS's) with the national standard.
However, there 2 other cases in which the state of
electronic records
management was provided, prior to admitting electronically - produced records as
evidence.
As to the use of experts in
electronic records
management, it is not yet the practice of lawyers to use such experts, but it should be because the
Evidence Acts require it in order to use electronic records as evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Acts require it in order to use
electronic records as
evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
evidence — e.g. s. 31.2 (1)(a) of the Canada
Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario
Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Act, and the
Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of Quebec).
However, the Principles are not intended to place significant focus on records
management (RM) or the importance or desirability of appropriate RM practices so as to be properly prepared for litigation, or on issues related to the integrity of information systems under
Evidence Acts, or on the substantive law related to the admissibility of electronic records into e
Evidence Acts, or on the substantive law related to the admissibility of
electronic records into
evidenceevidence.
Canada's National Standards for
Electronic Records
Management and amending the
Evidence Acts
«Records
management law» will be a necessary area of specialization because
electronic records are as important to daily living as are motor vehicles, and are now the most frequently used kind of
evidence.
Therefore, 72.34 is an extremely important national standard, particularly so because
electronic records and information
management technology enables every
electronic interaction, communication, and movement of information to automatically produce an
electronic record, any one of which could be related to a legal service or proceeding, and become a piece of
evidence, records now being the most frequently used kind of
evidence.
Such programs include, but are not limited to, education on the following: a) an IT tool, process, or methodology designed to perform tasks that are specific or uniquely suited to the practice of law; b) using a generic IT tool process or methodology to increase the efficiency of performing tasks necessary to the practice of law; c) the investigation, collection, and introduction of social media
evidence; d) e-discovery; e)
electronic filing of legal documents; f) digital forensics for legal investigation or litigation; and g) practice
management software.
The admissibility of an
electronic record requires proof of its records
management «system integrity»; e.g.: Canada
Evidence Act (CEA) s. 31.2 (1)(a); and, Ontario
Evidence Act (OEA) s. 34.1 (5), (5.1).
In regard to best
evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of the electronic records management systems (ERMSs) in which the records are recorded or stored; see for example: Canada Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s.
evidence rule issues, admissibility of
electronic records requires proof of the «systems integrity» of the
electronic records
management systems (ERMSs) in which the records are recorded or stored; see for example: Canada
Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s.
Evidence Act (CEA) s. 31.2 (1)(a); Ontario
Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s.
Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta
Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s.
Evidence Act s. 41.4 (1), (2); and the, Nova Scotia
Evidence Act s.
Evidence Act s. 23D (1).
Electronic records management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
Electronic records
management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of
electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic records as
evidence very inadequate because it ignores these facts: (1)
electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic records technology, and pre-
electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in
electronic records management systems (ERMS's), and
electronic records
management systems (ERMS's), and... [more]
Since 1978, I have acted as a legal advisor in the creation and updating of 72.34 and the other records
management national standard, Microfilm and
Electronic Images as Documentary
Evidence CAN / CGSB -72.11-93 («72.11»), derived from which, more than 50 compliance tests are applied.
See these articles (pdf): (1) «Admissibility of
Electronic Records Requires Proof of Records
Management System Integrity»; (2) «The Sedona Canada Principles are Very Inadequate on Records
Management and for
Electronic Discovery»; (3) «A Legal Opinion is Necessary for
Electronic Records
Management Systems»; (4) «
Electronic Records as
Evidence»; and, (5) «Solving the High Cost of the «Review» Stage of
Electronic Discovery».
It treats good records
management as being merely, «helpful but optional,» instead of mandatory and essential to the effectiveness of discovery and admissibility proceedings concerning the use of
electronic records as
evidence.
For example, these frequently used
evidence - producing types of technology go unchallenged: (1) mobile phone tower location
evidence used to locate us - very frequently used because we all carry mobile phones; (2) breathalyzer / intoxilyzer readings; (3)
electronic records
management systems (records are now the most frequently used kind of
evidence); and, (4) the technology that produces the data used to formulate expert opinion
evidence.
In regard to best
evidence rule issues, admissibility of
electronic records requires proof of the «systems integrity» of the
electronic records
management systems (ERMSs) in which the records are recorded or stored; see... [more]
And worse, the drafting committee of the 2nd edition of the «Sedona Canada Principles — Addressing
Electronic Discovery,» will not compensate for the impact of the change (from pre-electronic paper records technology, to electronic records management technology) upon the efficacy of all laws concerning the use of electronic records as
Electronic Discovery,» will not compensate for the impact of the change (from pre-
electronic paper records technology, to electronic records management technology) upon the efficacy of all laws concerning the use of electronic records as
electronic paper records technology, to
electronic records management technology) upon the efficacy of all laws concerning the use of electronic records as
electronic records
management technology) upon the efficacy of all laws concerning the use of
electronic records as
electronic records as
evidence.
It provides the necessary means of determining when an e-records
management system has the necessary «system integrity» required by the admissibility rule that your ULCC working group wrote into the
electronic records provisions of the
Evidence Acts.
To the contrary of Sedona Canada 2nd,
electronic records
management technology makes these 3 concepts more interdependent in law and necessary application: (1) the «system integrity concept» of the e-records provisions of the
Evidence Acts; (2) the «proportionality principle» of electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept&
Evidence Acts; (2) the «proportionality principle» of
electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as
evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept&
evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept»).
«Why a Legal Opinion is Necessary for
Electronic Records
Management Systems» (2012), 9 Digital
Evidence and
Electronic Signature Law Review» 17 (U.K.)(this article is written for related professions as well as for lawyers).
A digitally signed document retains its authenticity whereas most electronically signed documents do not as they are deprived of
Electronic and Document
Management System
evidence inherent in a closed system.
And therefore, how can the Sedona Canada Principles — Addressing
Electronic Discovery be an adequate text, given that it completely ignores the importance of electronic records management, and the critical dependence on an electronic record upon its ERMS, and also the provisions of the Evid
Electronic Discovery be an adequate text, given that it completely ignores the importance of
electronic records management, and the critical dependence on an electronic record upon its ERMS, and also the provisions of the Evid
electronic records
management, and the critical dependence on an
electronic record upon its ERMS, and also the provisions of the Evid
electronic record upon its ERMS, and also the provisions of the
Evidence Acts?
Its high cost, dependence upon the quality of
electronic records
management, interdependence with admissibility of
evidence rules and practices, and development of TAR (technology aided review) software, which in itself raises many complex issues, will maintain disclosure and discovery's importance to all litigators for many years to come.
«Technologically competent» also requires knowledge of the
electronic technology that now produces most of the
evidence, and very frequently used types of
evidence; for example, these kinds of
evidence: (1) records are now the most frequently used kind of
evidence but most often come from very complex
electronic records
management systems; (2) mobile phone tracking
evidence because we all carry mobile phones; (3) breathalyzer device readings because they are the basis of more than 95 % of impaired driving cases; and, (4) expert opinion
evidence that depends upon data produced by
electronic systems and devices.
This appeal requires an examination of the effect of
electronic record
management on the laws of
evidence, which were formulated on different assumptions about how records are kept.
[8] See for example this article: Ken Chasse, «Why a Legal Opinion is Necessary for
Electronic Records
Management Systems» (2012), 9 Digital
Evidence and
Electronic Signature Law Review 17, a U.K. «open source» journal, i.e., providing free downloading of articles (click «Archives» to access the contents of volume 9).
Such is also true of their legal departments, as is shown by the absence of ERMS issues in almost all case law and guidelines concerning the use of
electronic records as evidence, including the four Sedona Canada Principles texts; see: Why a Legal Opinion is Necessary for Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review
electronic records as
evidence, including the four Sedona Canada Principles texts; see: Why a Legal Opinion is Necessary for Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review 1
evidence, including the four Sedona Canada Principles texts; see: Why a Legal Opinion is Necessary for
Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review
Electronic Records
Management Systems,» (2012), 9 Digital
Evidence and Electronic Signature Law Review 1
Evidence and
Electronic Signature Law Review
Electronic Signature Law Review 17 (pdf).
See also: «The Sedona Canada Principles are Very Inadequate on Records
Management and for Electronic Discovery»; and my Feb. 12th Slaw post, Electronic Discovery: The Concept and Purpose of the Sedona Canada Principles 2nd Edition, and, «Electronic Records as Evidence,» and the other records management articles listed on my SSRN auth
Management and for
Electronic Discovery»; and my Feb. 12th Slaw post,
Electronic Discovery: The Concept and Purpose of the Sedona Canada Principles 2nd Edition, and, «
Electronic Records as
Evidence,» and the other records
management articles listed on my SSRN auth
management articles listed on my SSRN author's page.
(6) revising the records provisions of the
Evidence Acts in Canada in support of these innovations by adding a «rebuttable presumption of inadequacy,» so as to enforce proof of compliance with the National Standards of Canada for
electronic records
management;
Electronic records management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
Electronic records
management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of
electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic records as
evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts (
evidence very inadequate because it ignores these facts: (1)
electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic records technology, and pre-
electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in
electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic records
management systems (ERMS's), and in their software; (3) the
electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the
electronic records provisions of the Evidence Acts
electronic records provisions of the
Evidence Acts (
Evidence Acts (e.g. ss.
The three analogies: (1) whereas a pre-
electronic paper record can be symbolized by a piece of paper in a file drawer, an
electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used in the
electronic records provisions of the
Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and in
Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion
evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and in
evidence were rendered admissible in the way that
electronic records are, there would be no
evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and in
evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an
electronic record being the state of records
management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.
41.1 - 41.8 of the Alberta
Evidence Act); (4) the National Standards of Canada for
electronic records
management, [i] necessary for giving the word «integrity» a meaning in those sections; and, (5) that the solution to the high cost of the «review» stage of
electronic discovery proceedings requires a different strategy and procedure than are used now.
Improper
management of
electronic information can result in a finding of spoliation of
evidence and the imposition of one or more sanctions including adverse inference jury instructions, summary judgment, monetary fines, and other sanctions.
Re: lawyers practising in association with non-lawyers: - Absolutely necessary because: (1) technology will be the basis of almost all laws, therefore we will have to practice with other experts in that technology; (2) records
management law will be a major area of practice because, records are the most frequently used form of
evidence and e-records depend for everything on their e-records
management systems (ERMSs), and they must be compliant with the National Standards of Canada for e-records
management, which standards require legal opinions, and every significant change to an ERMS requires a legal opinion re ability to produce records able to satisfy laws as to e-discovery, admissibility of
evidence, privacy & access to information,
electronic commerce, tax laws, and compliance with National Standards of Canada for e-records
management; (3) all new technologies require a legal framework, which means more work for lawyers; and, (4) otherwise, other professions and service providers who now provide «legal information,» will begin to provide «legal advice» and other services that only lawyers should be providing.
And it is the foundation concept of the National Standard of Canada for
electronic records management: Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, which is largely ignored by the legal profession and the caselaw of e-discovery and admi
electronic records
management:
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, which is largely ignored by the legal profession and the caselaw of e-discovery and admi
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2005, which is largely ignored by the legal profession and the caselaw of e-discovery and admissibility.
The «system integrity» concept that is in the
electronic records provisions in 11 of the 14
Evidence Acts in Canada, [2] dictates that the use of an e-record as evidence requires an assessment of the records management of the ERMS in which it is stored — «records integrity» requires proof of «systems integrity
Evidence Acts in Canada, [2] dictates that the use of an e-record as
evidence requires an assessment of the records management of the ERMS in which it is stored — «records integrity» requires proof of «systems integrity
evidence requires an assessment of the records
management of the ERMS in which it is stored — «records integrity» requires proof of «systems integrity.»
Better to increase the attractiveness of legal services by enabling lawyers to provide related services accompanying their legal services, e.g., family law lawyers providing financial planning advice, and law firms providing accounting and tax advisory work, and litigation lawyers working with experts who improve and maintain their clients»
electronic records management systems, because records are the most frequently used kind of evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
electronic records
management systems, because records are the most frequently used kind of
evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
evidence and are completely dependent on their records
management systems for everything, particularly their «integrity» ( which is what the
electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
electronic records provisions of the
Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada
Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence Act - see: Ken Chasse, «
Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
Electronic Records as
Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free down
Evidence,» and the other «records as
evidence» articles on «my SSRN authors page, for free down
evidence» articles on «my SSRN authors page, for free download ) 。
elaw is a niche consulting, litigation support, and legal technology service provider offering expertise in the
management, analysis, and presentation of
electronic evidence.
With the explosion of
electronic evidence and all the new forms of data over the last several years, the expensive tools of eDiscovery have transformed ECA into more of a data
management exercise.
The firm's practice focuses solely on
electronic discovery,
evidence management, and related litigation and legal services.
A relatively new breed of e-discovery lawyer has emerged as the sheer volume of
electronic evidence began to multiply in cases, resulting in a need for better
management, according to Dera Nevin, managing counsel, e-discovery at TD Bank Group.
Electronic records management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence very inadequate because it ignores these fac
Electronic records
management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of
electronic records as evidence very inadequate because it ignores these fac
electronic records as
evidence very inadequate because it ignores these facts: (1)...
Rakesh Madhava is CEO of Nextpoint, an
evidence management service based in the cloud for lawyers to manage their
electronic data.
254, 254.1); (3) applications can be brought for orders for the production of their maintenance logs — see the decisions that have cited R. v. Kilpatrick, 2013 ABQB 5 (paras. 48 - 99), leave to appeal refused, R. v. Kilpatrick 2013 ABCA 168; and, (4) in relation to such
evidence, the National Standards of Canada for
electronic records
management were applied in, R. v. Oler, 2014 ABPC 130.
This very varied evidentiary legislation situation, will produce a very inconsistent caselaw, one jurisdiction to the next, once judges and lawyers realize the consequences in law required by the fundamental difference between an
electronic record and a pre-electronic paper record — in particular, the «system integrity concept» that is expressly stated in the electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario Evidence Act; and, s. 31.2 (1) of the Canada Evidence Act (see my Slaw blog article, «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov.
electronic record and a pre-
electronic paper record — in particular, the «system integrity concept» that is expressly stated in the electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario Evidence Act; and, s. 31.2 (1) of the Canada Evidence Act (see my Slaw blog article, «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov.
electronic paper record — in particular, the «system integrity concept» that is expressly stated in the
electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario Evidence Act; and, s. 31.2 (1) of the Canada Evidence Act (see my Slaw blog article, «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov.
electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario
Evidence Act; and, s. 31.2 (1) of the Canada
Evidence Act (see my Slaw blog article, «The Dependence of
Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov.
Electronic Discovery and Admissibility upon
Electronic Records Management,» published Nov.
Electronic Records
Management,» published Nov. 22, 2013).
See; (1) «Admissibility of
Electronic Records Requires Proof of Records
Management System Integrity»; (2) «
Electronic Records as
Evidence»; (3) «The Admissibility of
Electronic Business Records,» (2010), 8 Canadian Journal of Law and Technology 105; and, (4) «A Legal Opinion is Necessary for
Electronic Records
Management Systems.»