Transcript of "FOLRAC Social Media for Legal Research"
Social Media for Legal Research Shaunna Mireau Federation of LawReform Agencies of Canada October 1, 2012
Social Media legal research sources Research how • Learning to use SM tools – Video – Keeping up, RSS feeds – Intranets; Wikis Research what – Author added content; Blogs – Custom Google searches – Finding things with Facebook, Twitter
How - Sharing Methods• CanLII training video from May 10, 2012
Social Legal Research• Who• What are they saying
Social Media for Research• Using social media sites to gather information – OIPC of Alberta Guidelines for Social Media Background Checks http://oipc.ab.ca/downloads/documentload er.ashx?id=2933 – Social Media Guidelines presentation http://oipc.ab.ca/Content_Files/Files/DPD 2012_SocialMediaGuidelines.pdf
Privacy settings• Information about an individual litigant:“The principles that emerge from the authorities are as follows. The pages at asocial networking site or internet site including a facebook page is a documentfor the purpose of discovery and should be listed in a party’s affidavit ofdocuments, if relevant (“relating to any matter in issue”). The mere existenceof a facebook account is insufficient to require its production ondiscovery. Whether it is listed in the affidavit of documents or not, theresponding party is entitled to cross-examine on the affidavit of documents todetermine firstly if it exists, secondly the relevance of the contents, and finallyproduction of the relevant portions for which privilege is not claimed. Accessto the party’s facebook account through the party’s password is overlyintrusive unless the party is claiming as part of his or her damages claima level of disability that inhibits his or her computer time. In thosecircumstances, a forensic examination of the facebook account may benecessary. “Ottenhof v. Ross, Kingston Police Services Board et al, 2011 ONSC 1430(CanLII), http://canlii.ca/t/2g1rc para. 3
Truth• Social sites can be misconstrued I accept there are some inconsistencies in the statements made by Mr.DeWaard to various professionals, but they are not to an extent that it affectsmy overall assessment of his credibility. While Mr. DeWaards Facebookprofile is not completely consistent with his evidence at trial, I amprepared to accept that Facebook profiles may contain an overlypositive perspective regarding ones abilities and interests or a certainamount of puffery. Mr. DeWaard is currently able to maintain a reasonablyactive life style, but it is less active than before and he can no longer engagein some of the activities he previously enjoyed. I find that Mr. DeWaardscomplaints regarding ongoing pain to be credible and well supported by themedical evidence, including by the Defendants expert Dr. VanZeiden. I seeno reason to draw any adverse inferences from a failure to call any witnessesat trial and note that the Defendants counsel failed to ask any questionsregarding Mr. DeWaards activity level of his former roommates incross-examination at trial.DeWaard v. Capture the Flag Indoor Limited, 2010 ABQB 571 (CanLII),http://canlii.ca/t/2f3p6