Yesterday, when I was writing my technology column for CBC Radio One’s regional morning shows, I discovered I was a little in over my head with a legal question. I’m reporting this week on a company which has been attacked on blogs. I needed to know: Can I report that people are accusing the company of having “a kick-back scheme”? Or would that qualify as (re-)publishing a defamation, which would expose the CBC to liability?

With a couple of clicks, I found the Getting Legal Advice [internal link only] page on iO. Picked up the phone, read the part of my script in question to one of our senior lawyers, and got an answer (it’s fine to report that — covered under Fair Comment).

You can find the phone numbers of these people on that page. Be sure you’ve got this information at hand:

• names of sources, the number of sources, the positions held by sources and the extent of their personal knowledge of the event in question;

• all documentation, its substance and how it was obtained;

• location where any comments were made (in a court of law or a legislature, or in the street);

• circumstances in which reports on an event or individual were made.

Related links (all internal links only):

• Getting Legal Advice on Contracts and National Agreements
• Using Commercial Music
• Using Photos and Stills
• Using Footage
• Running a Contest

Lots of staffers have asked how this affects their day-to-day work and two PDF documents were distributed today with tips on how to operate within the legislation. In case your workstation has trouble with PDF files, here’s the information.

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The information we work with every day falls primarily into the following two categories of records: “business records” and “transitory records.”

Business Records
If you’re wondering whether a particular record is a business record, ask yourself the following questions:

• Does the record document the delivery of a program or service?
• Is this a record of why or how a decision or action was taken?
• Does the record involve financial and/or legal matters?
• Does the record have policy, program and/or procedure implications?
• Could this record have historical value?

If you answered, “yes” to any of the above questions, then you should consider your record a business one and maintain it according to the corporate records retention schedule.

Examples of business records:

• All final briefings, reports, studies, surveys, and similarly received or collected material.
• All letters and memoranda that meet the criteria described above, including electronic messages and /or documents for which no paper copies have been produced.
• All substantive versions of a document, when they clearly demonstrate the document’s evolution, the decision-making process, or the development of policy and legislation.
• Copies of documents that have already been sent to the official departmental file, if the documents contain substantive annotations.

Managing Your Records

1. Be informed: identify business records.

A record means “…any documentary material, regardless of medium or form.” The term is interpreted very broadly and includes paper files, electronic files, e-mail messages. It can also refer to notes, plans, maps, drawings, diagrams, pictorials or graphic work, photographs, film, microform, sound recordings, videotapes, machine-readable record, and any other documentary material.

For more information on the difference between business records and transitory records, see the Tip Sheet on Business and transitory records.

2. Be aware: identify transitory records, non-business and personal information.

Transitory records are usually made up of working copies of documents, handwritten notes, FYI emails, telephone messages, etc. Much of this information does not need to be retained after it has served its usefulness to you. If you decide to keep transitory information, including non-business and personal records saved on the Corporation’s servers, remember that it must be submitted to the ATIP Office if it is relevant to an access request.

3. Be proactive: create records with the expectation that they may be disclosed.

Stick to the facts; leave out unnecessary information. Record only the information that is needed to accomplish a task or meet a business requirement. Don’t assume that, just because an exemption or exclusion could apply, that one will be applied to your record.

Keep in mind that most email messages on CBC/Radio-Canada servers are corporate records; keep them brief and maintain a business tone. Email messages that contain actions or decisions should be retained with ATI in mind; they should be easily accessible if required.

4. Be objective: keep your records factual and objective.

Keep minutes and other formal records of proceedings factual. Record the decisions taken and tasks resulting from deliberations. Avoid unnecessary detail. State your views, comments and opinions as objectively as possible. Keep in mind that an individual can make a request to access their personal information, which can include the views or opinions of another person about the individual.

WSO claims to represent Canada’s entire Sikh community of about 400,000 people. A spokesperson for the group said the CBC attempted to make a connection between the group and violence and extremism.

“I was totally awed, shocked and flabbergasted when I saw the documentary. Nor was the organisation ever contacted to comment for the documentary,” the WSO official said. “They should have had the courtesy of calling.”

But according to CBC spokesperson Jeff Keay, the Corporation hasn’t received notification of the lawsuit, but stands behind its story.

Update: CBC spokesperson Jeff Keay says: “I can confirm that we are in receipt of a Libel Notice and a Statement of Claim issued by the World Sikh Organization of Canada, which we are in the process of evaluating.  We will not be making any further comment at this time.”