Hello All,
In terms of Gary's point #1, I would agree mostly...but there is an exception, at least here in Canada. It was established in the case of Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010. This was a seminal case in terms of Aboriginal rights, land title, treaty enforcement, etc. One of the keys of this case was that the appellate courts did accept the veracity of the Aboriginal oral histories and traditions as being of equalweight with the Western/European written records-at least in this case. There is, as far as I can tell, no complete acceptance of this across the country, but the principle is still there.
Following are some links to various articles and cases that deal with this issue.
http://www.canlii.org/en/ca/scc/doc/1997/1997canlii302/1997canlii302.html
http://apps.osgoode.yorku.ca/osgmedia.nsf/0/FB9F32F8A02BD842852571B10076FF5E/$FILE/Legalizing%20Oral%20History.pdf
Meaghan Buchanan
Meaghan Buchanan, MLIS
Archivist/FIPPA Officer
University College of the North
436 7th St. E, P.O. Box 3000
The Pas, MB R9A 1M7
204-627-8561 (work)
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Gary Link
Sent: September-09-13 1:20 PM
To: [log in to unmask]
Subject: Re: Are purely oral traditions records?
1. One clear distinction as to whether an oral or verbal communication, unrecorded, is a record or not is in a court of law. Records are considered "an exception to the hearsay rule." Which means relaying something someone said is inadmissible, but submitting something on any type of record media is. But I believe there is at least one well-known recmgmt-l list member who while be a more reliable authority along these lines than me. John...
2. I think managing information that is only spoken and not recorded may fall more closely under knowledge management than records management.
Gary Link
Pittsburgh, PA
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