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

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or agency performing a function of government.34 Because their creation and custody is less stringently controlled than public records, there are three conditions attached to their admissibility. First, the 'book' in which the entry was made must have been one of the ordinary books kept in the creating office. Second, the entry in question must have been made in the usual and ordinary course of business. Third, the copy must be authentic. Proof of the existence of these three conditions must be established by oath or affidavit of an officer of the creating office.35 The acceptance of these conditions for the admissibility of documentary evidence assumes that the ordinary control of procedures and forms required in the normal transactions of the business of government is sufficient to guarantee the reliability of the resulting documents. Authenticity is guaranteed by proof of the proper custody of records. Business records have the most extensive regulations governing their admissibility because they are outside the control of government procedures that help to ensure a high degree of accountability to the public. The term 'record' as defined by the evidence act indicates Parliament's intention to allow for broad admissibility of evidence. It includes "the 34 Derived from definitions of "business" and "business record" in the "Uniform Evidence Act" s. 152; reprinted in Ewart, Evidence, 322-323. This definition is also assumed in the regulations governing government records in s. 26 of the Canada Evidence Act. 35 "Canada Evidence Act", s. 26 (1). 25
whole or any part of any book, document, paper, card, tape or other thing on or in which information is written, recorded, stored or reproduced."36 The law establishes only one requirement for admissibility, that the evidence be a record "made in the usual and ordinary course of business."37 The term 'business,' as defined in the act, is so broad that it logically includes all organized activity: it "means any business, profession, trade, calling, manufacture or undertaking of any kind carried on in Canada or elsewhere whether for profit or otherwise. . . ."38 The act liberalizes common law understanding of procedural guarantees of reliability in an attempt to recognize the complexity of modern record-keeping methods. The act offers a balance to the liberalized admissibility criteria by providing the means of excluding or minimizing the evidentiary weight of a particular document under discussion in court. Under its provisions, the court may determine the probative nature of a particular document by considering "evidence as to the circumstances in which the information contained in the record was written, recorded, stored or reproduced. . . ."39 In each case, the degree of trustworthiness of the record must be established. Arguing from subsection 6, 36 Ibid, s. 30 (12). 37 Ibid, s. 30 (1). 38 Ibid, s. 30 (12). 39 Ibid, s. 30 (6). 26
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 and 28: creation, is inherently reliable. 2
Page 29: authority. "31^Public records can t
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:
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