Previously ARST 575E (3) Archives and the Law
PREREQUISITES:
MLIS students: Completion of the MLIS Core courses, plus permission of the instructor
MAS and Dual students: Completion of the “Term 1” MAS Core courses
GOAL: The goal of this course is to empower students with the theoretical and practical knowledge required to apply legal principles to issues encountered by archivists and records professionals. The course prepares students to identify, locate, summarize, and analyze legal resources and to advocate on a given legal topic. Students will focus on the principles and functions of the Canadian legal system and have the opportunity to compare and contrast this with other legal systems and cultures, including Indigenous legal systems and traditions.
FNCC specialization: The assignments in this course can serve the requirements of the First Nations Curriculum Concentration (FNCC). For example, students in the FNCC can choose to focus their advocacy assignment and the three information gathering assignments that lead up to it on a topic where the law intersects with Indigenous records and archives systems and initiatives. If students would like to take this course for FNCC credit, they are invited to contact me to discuss this option.
OBJECTIVES:
- Understand the principles and function of the Canadian legal system and its application to archives and records organizations [1.1, 1.4]
- Distinguish between and assess mitigating approaches for legal risks that arise from criminal, tort, and contract law for archivists and records managers [1.1, 1.2, 1.3, 3.2]
- Research and analyze relevant legislation and case law on topics of current concern for archivists and records managers [1.2, 1.3]
- Demonstrate understanding of select legal principles and apply them to topics of current concern for archivists and records managers [1.2, 1.3. 4.1]
- Explore differences between the Canadian legal system and other legal paradigms, including Indigenous legal systems and traditions [1.3]
- Advocate for issues where the law interacts with archivists and records managers [1.4, 2.1, 2.2, 5.1]
CONTENT:
- Overview of the Canadian legal system
- Comparison of the Canadian legal system with other legal systems and cultures, including Indigenous legal systems and traditions
- Researching Canadian legislation and case law using online sources
- Analyzing key points in legislation and case law
- Interpreting and explaining contracts for information professionals
- Copyright and intellectual property law for archivists
- Evidence law, e-discovery and records retention for records managers
- Anti-spam legislation in Canada
- Proposed future changes to copyright law such as related to technological protection measures, Indigenous Knowledges, and orphan works
- Use of records in Indigenous title claims and in support of Truth and Reconciliation
Additional course topics may include, but not be limited to:
- Freedom of Information and Protection of Privacy issues for information professionals
- Tax issues and monetary appraisal for archivists
- Spoliation and destruction of records from a legal perspective
- Disclosing wrongdoings under Canada Public Servants Disclosure Protection Act
- Accessibility legislation