folrac social media for legal research
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Social Media for Legal Research
Shaunna Mireau
Federation of Law
Reform 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
Monitor using an RSS Reader
Keep up with new rules cases using
RSS feeds
Search
CanLII for
cases citing a
rule
Make a feed
of your
search
See new
cases CanLII
adds that
meet your
search
criteria
Intranets
Wikis
http://wiki.proquest.com/statistical/index.php?title=Administrative_Law
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 a
social networking site or internet site including a facebook page is a document
for the purpose of discovery and should be listed in a party’s affidavit of
documents, if relevant (“relating to any matter in issue”). The mere existence
of a facebook account is insufficient to require its production on
discovery. Whether it is listed in the affidavit of documents or not, the
responding party is entitled to cross-examine on the affidavit of documents to
determine firstly if it exists, secondly the relevance of the contents, and finally
production of the relevant portions for which privilege is not claimed. Access
to the party’s facebook account through the party’s password is overly
intrusive unless the party is claiming as part of his or her damages claim
a level of disability that inhibits his or her computer time. In those
circumstances, a forensic examination of the facebook account may be
necessary. “
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 [41] 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 affects
my overall assessment of his credibility. While Mr. DeWaard's Facebook
profile is not completely consistent with his evidence at trial, I am
prepared to accept that Facebook profiles may contain an overly
positive perspective regarding one's abilities and interests or a certain
amount of puffery. Mr. DeWaard is currently able to maintain a reasonably
active life style, but it is less active than before and he can no longer engage
in some of the activities he previously enjoyed. I find that Mr. DeWaard's
complaints regarding ongoing pain to be credible and well supported by the
medical evidence, including by the Defendant's expert Dr. VanZeiden. I see
no reason to draw any adverse inferences from a failure to call any witnesses
at trial and note that the Defendant's counsel failed to ask any questions
regarding Mr. DeWaard's activity level of his former roommates in
cross-examination at trial.
DeWaard v. Capture the Flag Indoor Limited, 2010 ABQB 571 (CanLII),
http://canlii.ca/t/2f3p6
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