A STUDY OF THE THEORY OF APPRAISAL FOR SELECTION By ...

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and security of a document carries with it the idea of the document being within the immediate personal care and control of the person to whose custody it is subjected.28 Custody is thus linked to authenticity. That is,, proper custody guarantees the security and preservation of the original integrity of the document, and implies its genuineness. The "Canada Evidence Act", which governs all judicial proceedings that enforce rights created by federal statutes, establishes a direct link between the probative value of records, and the authentication process and proper custody of the records.29 The main principles of the act can be seen in its admissibility rules for public, government, and business records. In each case, as the circumstantial guarantee of trustworthiness decreases, the stringency of admissibility rules increases. Public records are generally understood to be those records which a government unit is required by law to keep to discharge duties established by law.30 The aborted "Uniform Evidence Act" defined public records in precise diplomatic terms: "'public records' means any Act, ordinance, regulation, order in council, proclamation, official gazette, journal, treaty or other record issued by or under duly constituted legislative or executive 28 Ibid, s.v. "Custody." 29 Revised Statutes of Canada, "Canada Evidence Act," 1985, c. C-5. The same principles can be found in the provincial evidence acts as well. 30 Black's, s.v. "Public record." 23
authority. "31^Public records can thus be understood to be probative and dispositive documents that are officially issued or received by the government to guarantee the rights and obligations of Canadian citizens.32 Because of the guarantees of authenticity inherent in the procedures of issuance, these documents constitute the highest level of admissible documentary evidence. In each case, the language delineating their acceptance is clear. The production of the published document is accepted as evidence of the truthfulness of its contents. The wording of the section regarding Acts of Parliaments is an example: "every copy purporting to be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary is shown."33 In contrast to public records, the Canadian act establishes a higher degree of control over admissibility of government records that are not officially issued or received. They include records produced in the usual and ordinary course of business by any government, department, ministry, branch, board, commission 31 The "Uniform Evidence Act" was a bill that was submitted to Parliament in the early 1980s, but never passed into law. While it is not part of the statutory law of Canada, it does represent a codification of existing expert opinion on evidence issues in Canada. The definition does not contradict in any way the one that is assumed in the sections regulating public records in the Canada Evidence Act (s. 19-25). Reproduced in Ewart, Evidence, 321. 32 This precise definition of public records is in accordance with the "Canada Evidence Act". Elsewhere in this thesis the term is used in its broadest sense, as defined in the Glossary. 33 "Canada Evidence Act," s. 19. 24
Page 1 and 2: A STUDY OF THE THEORY OF APPRAISAL
Page 3 and 4: ABSTRACT Appraisal for selection is
Page 5 and 6: ACKNOWLEDGEMENT I gratefully acknow
Page 7 and 8: the troublesome question of the rel
Page 9 and 10: principle of pertinence is commonly
Page 11 and 12: problems such as the availability o
Page 13 and 14: theoretical framework.^In this mann
Page 15 and 16: CHAPTER 1: THE PROBATIVE NATURE OF
Page 17 and 18: doctrine of stare decisis.3 The hie
Page 19 and 20: The courts thus enter the realm of
Page 21 and 22: the conduct of society, but to expl
Page 23 and 24: lives."16 Because the present inesc
Page 25 and 26: judiciary has developed a complex s
Page 27: creation, is inherently reliable. 2
Page 31 and 32: whole or any part of any book, docu
Page 33 and 34: consist of all documentary records
Page 35 and 36: issue. German archivists have been
Page 37 and 38: information.2 It is, however, the F
Page 39 and 40: Importance of historical value as a
Page 41 and 42: intuitive ability to appraise recor
Page 43 and 44: objectivity is irrelevant. Content
Page 45 and 46: is supported by the many examples o
Page 47 and 48: that documented important historica
Page 49 and 50: ecords through a structural analysi
Page 51 and 52: is, the political issue of extent a
Page 53 and 54: appraisal. But, instead of rejectin
Page 55 and 56: provide archivists with the necessa
Page 57 and 58: theory of appraisal, which, in his
Page 59 and 60: For it is the task of archivists in
Page 61 and 62: the European understanding of the n
Page 63 and 64: to appraisal theory, the following
Page 65 and 66: of the Rolls has been required 'fro
Page 67 and 68: Schedule."13 In 1889, rules regardi
Page 69 and 70: their legitimate successors.17 His
Page 71 and 72: the administrator.22 Their meaning
Page 73 and 74: the connexion in which they were or
Page 75 and 76: fears, archivists and historians wh
Page 77 and 78: diminished from its previous absolu
Page 79 and 80:
that had been used since the mid-ni
Page 81 and 82:
preserved."52 Thus, the Report main
Page 83 and 84:
series.59 The Report also notes tha
Page 85 and 86:
The Grigg Report concludes its asse
Page 87 and 88:
in the equation of historical value
Page 89 and 90:
paradigms created by European theor
Page 91 and 92:
seriously challenged since it was a
Page 93 and 94:
the usefulness of existing resource
Page 95 and 96:
CHAPTER 4: NORTH AMERICAN TRADITION
Page 97 and 98:
ecords, from creation to dispositio
Page 99 and 100:
possess it not as individual docume
Page 101 and 102:
accomplished. As Hans Booms has cle
Page 103 and 104:
and activities of the creating orga
Page 105 and 106:
the next logical step: the identifi
Page 107 and 108:
that they are needed for an underst
Page 109 and 110:
archivists bring to research by the
Page 111 and 112:
unarticulated."35 ^ In the American
Page 113 and 114:
Cook's emphasis on relating the pro
Page 115 and 116:
oader concept of information data s
Page 117 and 118:
provenance. They also offer an inte
Page 119 and 120:
content analysis as the primary met
Page 121 and 122:
CONCLUSION After all is said and do
Page 123 and 124:
the intervention of archivists in t
Page 125 and 126:
ecords. The analysis seeks to ident
Page 127 and 128:
according to an ideological underst
Page 129 and 130:
previously, Hans Booms projects tha
Page 131 and 132:
administrative and historical value
Page 133 and 134:
BIBLIOGRAPHY Advisory Committee for
Page 135 and 136:
Cook, Terry. "Improving our Disposi
Page 137 and 138:
Haas, J. et al. Appraising the Reco
Page 139 and 140:
Raffel, Stanley.^Matters of Fact: A
Page 141 and 142:
GLOSSARY OF ARCHIVAL TERMS ACQUISIT
Page 143:
PUBLIC RECORDS: Documents issued by
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