Electronic Records and the Law of Evidence in Canada: The Uniform Electronic Evidence Act Twelve Years Later

Archivaria, Vol. 70, pp. 95-124, Fall 2010

30 Pages Posted: 13 Jun 2011

See all articles by Anthony F. Sheppard

Anthony F. Sheppard

University of British Columbia (UBC), Faculty of Law

Luciana Duranti

UBC School of Library, Archival & Information Studies

Corinne M. Rogers

UBC School of Library, Archival & Information Studies

Date Written: 2010

Abstract

This article analyzes the adequacy of The Uniform Electronic Evidence Act, twelve years after its adoption, in dealing with the complexity of the records created, used, or stored in the digital environment. In the face of rapidly changing technology, the authors believe that the nature and characteristics of electronic records cannot be accounted for by simple modifications to the existing law of evidence, but require a new enactment following upon a close collaboration among records professions, legal and law enforcement professions, and the information technology profession. The new rules, comprehensively encompassing issues of relevance, admissibility, and weight of electronic documentary evidence, must be based on the body of knowledge of each profession, on the findings of interdisciplinary research, and on existing records-related standards. The enactment of such rules would help the courts make accurate findings of fact, based on electronic records that are created in a reliable environment and preserved in an authentic form for as long as they might be needed, and would alleviate ongoing confusion about the admissibility and use of electronic records in litigation.

Keywords: Canada, Uniform Electronic Evidence Act, Law of Evidence, Digital records

Suggested Citation

Sheppard, Anthony F. and Duranti, Luciana and Rogers, Corinne M., Electronic Records and the Law of Evidence in Canada: The Uniform Electronic Evidence Act Twelve Years Later (2010). Archivaria, Vol. 70, pp. 95-124, Fall 2010. Available at SSRN: https://ssrn.com/abstract=1861389

Anthony F. Sheppard (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

#221 Mary Bollert Hall Building
6253 North West Marine Drive
Vancouver, British Columbia V6T 1Z1
Canada
604.822.2865 (Phone)
604.822.8108 (Fax)

HOME PAGE: http://www.law.ubc.ca/faculty/Sheppard/index.html

Luciana Duranti

UBC School of Library, Archival & Information Studies ( email )

Suite 470
1961 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Corinne M. Rogers

UBC School of Library, Archival & Information Studies ( email )

Suite 470
1961 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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