NCJ Number
166870
Date Published
1995
Length
17 pages
Annotation
This paper addresses the concepts, issues, and practical realities that relate to private-sector legal archives in Canada.
Abstract
Private-sector legal archives consist of the records of participants in the legal system who do not come under the direct jurisdiction of the state and hence are not subject to public records legislation. These are the records of the independent players in the legal system, i.e., lawyers, judges, and professional and service organizations. Given the high status of an independent judiciary and bar in a liberal society such as Canada, private-sector legal archives constitute a considerable segment of the total documentary record of Canadian law. This paper begins with an overview of recent efforts of historians and archivists in Canada to promote, preserve, and use the archival records of the private-sector legal community. This discussion is an introduction to the archival problems addressed in the second part of the paper. The author advises that the key to the solution of these problems is the active support of a reluctant legal profession and its independent associations in these efforts, a support that is crucial yet problematic. Matters are complicated by the often conflicting professional attitudes of the legal community and historical researchers toward the value of private-sector legal archives. The archivist is faced with the challenge of reconciling these interests within a viable administrative structure. Archival principles of appraisal and program administration may present some practical directions for building on the precarious foundation achieved so far. 26 notes