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Canadian Version of Sedona Conference E Discovery Principles Released
A compilation of principles and best practices for addressing the technical, legal and cost issues involved in the disclosure and discovery of electronic information in all types of civil litigation has been released in Canada by the Sedona Conference, a U.S.-based non-profit research and educational institute. The Sedona Canada Principles Addressing Electronic Discovery builds on an earlier document generated by The Sedona Conference for use in the U.S. The Sedona Canada Principles were formulated by a primarily Canadian panel of judges and lawyers with expertise in electronic evidence matters, including Justice Colin Campbell of the Ontario Superior Court of Justice and Justice Ted Scanlan of the Nova Scotia Supreme Court. The Sedona Canada Principles are designed to mesh with the procedural discovery rules of all Canadian jurisdictions, as well as address differences in discovery procedures between Canada and the U.S.
The Principles encourage parties to reach agreement, as much as possible, on problems unique to the use of electronic information in litigation. Identified problems include the preservation of potentially relevant electronically-stored data; whether it is necessary to search for or collect deleted or residual data; methods of collection, storage and review; format, content and organization of information which is disclosed; and the means to protect privilege, privacy, trade secrets and other confidential information.
There has already been interest in incorporating the Principles into the procedural regimes of several jurisdictions, including in Nova Scotia and British Columbia, and in the Tax Court of Canada. It is anticipated that practical application of the Sedona Canada Principles will soon begin to show up in civil cases and in reported judicial decisions on interlocutory discovery motions. However, any substantive implementation of the Principles will be dependent on rule changes or practice directions directed to electronic discovery in individual jurisdictions. Additionally, it is expected that the Principles will evolve and potentially change based on new developments in technology, and as the Principles are adopted into practice.
For additional information, visit:
http://www.thesedonaconference.org/dltForm?did=canada_pincpls_FINAL_108.pdf