A STUDY OF THE THEORY OF APPRAISAL FOR SELECTION By ...
A STUDY OF THE THEORY OF APPRAISAL FOR SELECTION By ...
A STUDY OF THE THEORY OF APPRAISAL FOR SELECTION By ...
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computer records could be admissible if reliability of creation<br />
and maintenance was established. As well, expert testimony can<br />
be included to explain the form of electronic records if<br />
accompanied by a sworn affidavit, or if submitted to cross-<br />
examination.40<br />
The "Canada Evidence Act" establishes two principles that<br />
are used by the courts to identify a circumstantial guarantee of<br />
trustworthiness in the creation process of documents: records<br />
must be created systematically in the ordinary course of<br />
business, and must be kept in the custody of the officially<br />
appointed custodian to be considered reliable. Records with<br />
these requisites are an authentic and reliable source that can be<br />
considered by the courts, and from which historical accuracy can<br />
be assessed. It is evident that these same kinds of guarantees<br />
can offer informal guidance in their application to the pursuit<br />
of historical meaning.<br />
The probative nature of documentary evidence is directly<br />
related to the circumstantial guarantee of trustworthiness the<br />
creation process provides. Thus, the nature of documentary<br />
evidence is derived from the creation process in which<br />
authentication and custody are granted or denied. These<br />
procedural guarantees of reliability permit archival documents to<br />
be used to establish degrees of logical probabilities. The<br />
logical requirements for proof parallel classical archival theory<br />
regarding the inherent characteristics of archives. Archives<br />
40 Ibid, s. 30 (4) and (9).<br />
27