Genealogy and the Law in Canada
4.5/5
()
About this ebook
Digital records and broad access to the Internet have made it easier for genealogists to gather relevant information from distant sources and to share the information they have gathered. The law, however, remains tied to particular geographic locations. This book discusses how specific laws – access to information, personal data protection, libel, copyright, and regulation of cemeteries – apply to anyone involved in genealogical research in Canada.
Margaret Ann Wilkinson
Dr. Margaret Ann Wilkinson is a Professor in the Faculty of Law at the University of Western Ontario. Her doctoral dissertation on personal data protection law won an award from the American Society for Information Science. Dr. Wilkinson has researched, taught, written, and spoken widely in the areas of intellectual property, information law, and the professions. She lives in London, Ontario.
Related to Genealogy and the Law in Canada
Titles in the series (12)
Conserving, Preserving, and Restoring Your Heritage: A Professional's Advice Rating: 4 out of 5 stars4/5Publish Your Family History: Preserving Your Heritage in a Book Rating: 5 out of 5 stars5/5Genealogical Standards of Evidence: A Guide for Family Historians Rating: 0 out of 5 stars0 ratingsGenealogy and the Law in Canada Rating: 5 out of 5 stars5/5Time Traveller's Handbook: A Guide to the Past Rating: 4 out of 5 stars4/5Crime and Punishment in Upper Canada: A Researcher's Guide Rating: 5 out of 5 stars5/5Education and Ontario Family History: A Guide to the Resources for Genealogists and Historians Rating: 5 out of 5 stars5/5A Call to the Colours: Tracing Your Canadian Military Ancestors Rating: 5 out of 5 stars5/5Inheritance in Ontario: Wills and Other Records for Family Historians Rating: 5 out of 5 stars5/5A Better Place: Death and Burial in Nineteenth-Century Ontario Rating: 5 out of 5 stars5/5Researching Your Irish Ancestors at Home and Abroad Rating: 4 out of 5 stars4/5York's Sacrifice: Militia Casualties of the War of 1812 Rating: 0 out of 5 stars0 ratings
Related ebooks
Genealogical Standards of Evidence: A Guide for Family Historians Rating: 0 out of 5 stars0 ratingsThe Everything Guide to Online Genealogy: Trace Your Roots, Share Your History, and Create Your Family Tree Rating: 5 out of 5 stars5/5Tracing Your Criminal Ancestors: A Guide for Family Historians Rating: 0 out of 5 stars0 ratingsTracing Your Legal Ancestors: A Guide for Family Historians Rating: 0 out of 5 stars0 ratingsCrime and Punishment in Upper Canada: A Researcher's Guide Rating: 5 out of 5 stars5/5A Beginner's Guide to Online Genealogy: Learn How to Trace Your Family History and Discover Your Roots Rating: 5 out of 5 stars5/5Sharing Your Family History Online: A Guide for Family Historians Rating: 5 out of 5 stars5/5Tracing Your Northern Irish Ancestors: A Guide for Family Historians Rating: 0 out of 5 stars0 ratingsTracing Your Family History on the Internet: A Guide for Family Historians Rating: 0 out of 5 stars0 ratingsTracing Your Ancestors' Childhood: A Guide for Family Historians Rating: 0 out of 5 stars0 ratingsTracing Your Ancestors from 1066 to 1837: A Guide for Family Historians Rating: 5 out of 5 stars5/5The Family History Web Directory: The Genealogical Websites You Can't Do Without Rating: 4 out of 5 stars4/5Tracing Your Ancestors Using the Census: A Guide for Family Historians Rating: 4 out of 5 stars4/5Concerning Genealogies Rating: 0 out of 5 stars0 ratingsHow to Find Your English Ancestors: An Overview: Beginners' Guide to Family History Research, #2 Rating: 0 out of 5 stars0 ratingsTracing Your Pauper Ancestors: A Guide for Family Historians Rating: 4 out of 5 stars4/5Tracing Your Pre-Victorian Ancestors: A Guide to Research Methods for Family Historians Rating: 5 out of 5 stars5/5Referencing for Genealogists: Sources and Citation Rating: 0 out of 5 stars0 ratingsTracing Your Georgian Ancestors, 1714–1837: A Guide for Family Historians Rating: 5 out of 5 stars5/5Tracing Your Ancestors Through Death Records: A Guide for Family Historians Rating: 4 out of 5 stars4/5Producing a Quality Family History Rating: 0 out of 5 stars0 ratingsTracing Your Family History on the Internet Rating: 4 out of 5 stars4/5Tracing Your Ancestors' Parish Records: A Guide for Family and Local Historians Rating: 4 out of 5 stars4/5Irish Genealogy Tips, Techniques, and Tales Rating: 0 out of 5 stars0 ratingsTracing Your Ancestors Through Local History Records: A Guide for Family Historians Rating: 4 out of 5 stars4/5Unearthing Family Tree Mysteries Rating: 4 out of 5 stars4/5Guide to Using FamilySearch.org Rating: 0 out of 5 stars0 ratingsFamily Matters: A History of Genealogy Rating: 3 out of 5 stars3/5Genealogy Genealogy Research For Beginners Introduction To Genealogical Records And Techniques Lessons 1-7 Rating: 5 out of 5 stars5/5
Reference For You
Liespotting: Proven Techniques to Detect Deception Rating: 4 out of 5 stars4/5The Dictionary of Obscure Sorrows Rating: 4 out of 5 stars4/51001 First Lines Rating: 4 out of 5 stars4/51,001 Facts that Will Scare the S#*t Out of You: The Ultimate Bathroom Reader Rating: 4 out of 5 stars4/5Spy the Lie: Former CIA Officers Teach You How to Detect Deception Rating: 4 out of 5 stars4/5The Everything Sign Language Book: American Sign Language Made Easy... All new photos! Rating: 4 out of 5 stars4/5The Elements of Style, Fourth Edition Rating: 5 out of 5 stars5/5Mythology 101: From Gods and Goddesses to Monsters and Mortals, Your Guide to Ancient Mythology Rating: 4 out of 5 stars4/5The Emotion Thesaurus (Second Edition): A Writer's Guide to Character Expression Rating: 4 out of 5 stars4/5Show, Don't Tell: How to Write Vivid Descriptions, Handle Backstory, and Describe Your Characters’ Emotions Rating: 5 out of 5 stars5/5Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Fifty Shades Trilogy by E.L. James (Book Analysis): Detailed Summary, Analysis and Reading Guide Rating: 5 out of 5 stars5/5U.S. History 101: Historic Events, Key People, Important Locations, and More! Rating: 5 out of 5 stars5/5Learn Sign Language in a Hurry: Grasp the Basics of American Sign Language Quickly and Easily Rating: 4 out of 5 stars4/5Robert's Rules For Dummies Rating: 4 out of 5 stars4/5The Book of Card Games: The Complete Rules to the Classics, Family Favorites, and Forgotten Games Rating: 0 out of 5 stars0 ratings1200 Creative Writing Prompts (Adventures in Writing) Rating: 4 out of 5 stars4/5THE EMOTIONAL WOUND THESAURUS: A Writer's Guide to Psychological Trauma Rating: 5 out of 5 stars5/5Bored Games: 100+ In-Person and Online Games to Keep Everyone Entertained Rating: 5 out of 5 stars5/5The 365 Bullet Guide: Organize Your Life Creatively, One Day at a Time Rating: 5 out of 5 stars5/5Emily Post's Etiquette in Society, in Business, in Politics, and at Home Rating: 4 out of 5 stars4/5
Reviews for Genealogy and the Law in Canada
3 ratings0 reviews
Book preview
Genealogy and the Law in Canada - Margaret Ann Wilkinson
Genealogy
and the Law
in Canada
GENEALOGIST’S REFERENCE SHELF
Genealogy
and the Law
in Canada
DR. MARGARET ANN WILKINSON
Copyright © Dr. Margaret Ann Wilkinson, 2010
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise (except for brief passages for purposes of review) without the prior permission of Dundurn Press and the Ontario Genealogical Society. Permission to photocopy should be requested from Access Copyright.
Library and Archives Canada Cataloguing in Publication
Wilkinson, Margaret Ann
Genealogy and the law in Canada / Margaret Ann Wilkinson.
(Genealogist’s reference shelf)
Co-published by: Ontario Genealogical Society.
ISBN 978-1-55488-452-0
1. Genealogy--Law and legislation--Canada. 2. Freedom of information--Canada. I. Ontario Genealogical Society II. Title. III. Series: Genealogist’s reference shelf
KE4422.W54 2010 342.7108’53 C2009-907198-3
KF4774.W54 2010
1 2 3 4 5 14 13 12 11 10
We acknowledge the support of the Canada Council for the Arts and the Ontario Arts Council for our publishing program. We also acknowledge the financial support of the Government of Canada through the Book Publishing Industry Development Program and The Association for the Export of Canadian Books, and the Government of Ontario through the Ontario Book Publishers Tax Credit program, and the Ontario Media Development Corporation.
This book is based upon the law in Canada as of June 2009. This book cannot substitute for legal advice. Please consult a lawyer qualified to practise in your province or territory to obtain specific legal opinions about specific situations that concern you.
Care has been taken to trace the ownership of copyright material used in this book. The author and the publisher welcome any information enabling them to rectify any references or credits in subsequent editions.
J. Kirk Howard, President
Printed and bound in Canada.
www.dundurn.com
Ontario Genealogical Society
Suite 102, 40 Orchard View Boulevard
Toronto, Ontario, Canada M4R 1B9
tel. (416) 489-0734 fax. (416) 489-9803
[email protected] www.ogs.ca
CONTENTS
Dedication and Acknowledgements
Introduction
Chapter 1: Privacy and Personal Data Protection
Chapter 2: The Business of Genealogy
Chapter 3: Cemeteries as Sources of Genealogical Information
Chapter 4: Copyright in Genealogy
Chapter 5: Genealogy and Libel Law
Glossary
Statutes Cited
Cases Referred To
Notes
DEDICATION AND ACKNOWLEDGEMENTS
This book was inspired by the dedicated work in genealogy that my mother-in-law, Yvonne June (Ferguson) Crouch undertook before her untimely death, in order to provide a legacy for her three grandchildren (Nicole Amor Crouch-Diaz, Meredith Yvonne Crouch, and George Gregory Richard Crouch).Yvonne was a very active member of the Ontario Genealogical Society, Kingston Branch. My ongoing interest in genealogy is fuelled by the wonderful family archives amassed and organized by my own mother, Isobel Ellen (Althouse) Wilkinson, before her death.
The immediate impetus for the research leading to the series of articles and talks on which this book is based was an invitation to speak, facilitated by my cousin-in-law, once removed, Carolyn Croke, at The Ontario Genealogical Society in London. I would like to thank, as well, those who asked questions during the talks around the province of Ontario to which I was invited while working on this project.
I am indebted to former law student Leo Law and current law student Justin Vessair for assistance in the editing preparation of this manuscript, as well as to former law students Chad Matheson and Lovejeet Bajwa for research assistance on earlier versions of this work. I am also exceedingly grateful for the guidance, advice, and patience of my editor at the Ontario Genealogical Society, Ruth Chernia. All of this work investigating the interrelationships between intellectual property (including copyright) and privacy (and its derivative, personal data protection), as well as other aspects of information law and policy, has been funded over the years through grants received from the Social Sciences and Humanities Research Council of Canada.
INTRODUCTION
As you know, genealogy is a fascinating study. Doing genealogical research is essentially an exercise in information-gathering. This may explain why genealogists are one of the most important (if not the most important) users of the services and resources of public libraries in Canada today. Increasingly, however, we are told that we are in the information age
— and one result of this new state of affairs is that information is becoming an engine of our economy. As such, information is more and more viewed from the perspective of its commercial value.
On the other hand, democracies traditionally view access to information as a cornerstone, enabling societies to remain free and democratic. The organs of the law (legislatures and the judiciary) are becoming involved in striking a balance between these two impulses. Because genealogists are intimately involved with information, a number of these changes in the legal environment have a direct impact on your work.
Since most of the population of North America reflects the immigrant experience, either in this or previous centuries, doing genealogical research, for most people, is a fascinating exercise in local, regional, national, and international information-gathering. The development of digital records and broad access to the web has revolutionized the ways in which genealogists approach their investigations — and has made it much easier to locate information relevant to any particular genealogical inquiry from sources often separated by vast distances.
The law, on the other hand, remains very connected to particular geographic locations. The legislatures and governments of any particular country can only create law that affects their own geographic territory. Strictly speaking, countries can claim jurisdiction over their citizens, wherever situated, but, for the purpose of the laws discussed in this book, it will be understood that the provinces, territories, and federal government in Canada have legislated with intent to affect those situated within their respective borders. Thus, in undertaking genealogical research that involves materials located beyond Canada’s borders, you will have to consult other sources about the applicable laws. This book will discuss the relevant laws applicable to those working within Canada with materials that are located, at the time you are doing the work, in Canada.
In the first chapter, I discuss material located in particular organizations in Canada. In the second chapter, the focus is on genealogists in Canada who are doing genealogical investigations for pay. In the third chapter, I describe the law relating to information found in cemeteries located in Canada. The fourth chapter contains an exploration of Canadian copyright law, which applies to the handling, in Canada, of any materials, no matter where they were written or published or are currently housed. The fifth and final chapter is the law of libel in Canada and how it may become connected with genealogy. The fifth chapter will be helpful to any genealogist, professional or amateur, who publishes material in Canada.
If you are reading this book and are situated outside Canada, the discussions in Chapters 1 and 3 may be directly relevant to your research. The discussions in Chapters 2 and 4 will not be directly relevant to your own activities but may explain the attitudes of your acquaintances located in Canada. The discussions in Chapter 5 probably will not be relevant to you, but, again, may help inform you of the Canadian environment. If you are reading this book anywhere in Canada, and are involved in genealogy as a hobby only, Chapters 1, 3, 4, and 5 will be relevant to your activities. On the other hand, if you are in the business of genealogy in Canada, your work will involve you in Chapters 1, 2, 3, 4, and 5 — in other words, the whole book!
This book is based upon the law in Canada as of June 2009. Finally, it remains only to repeat that this book cannot substitute for legal advice. Please consult a lawyer qualified to practise in your province or territory to obtain specific legal opinions about specific situations that concern you.
CHAPTER 1
Privacy and Personal Data Protection
Why might a genealogist be interested in questions of privacy and personal data protection? The answer to this lies in the changing environment in Canada, at least over the past quarter century, that has resulted in many of our jurisdictions passing laws related to the protection of privacy and personal data.
Vocabulary in this area is confusing. Many of the statutes, like the federal Privacy Act, contain the word privacy
in their titles for legislation involving personal data protection — and many noted authorities and spokespeople also use privacy
when discussing personal data protection. In five of our provinces, there are other statutes that deal directly with privacy in terms of being able to sue to force others to leave us alone in certain respects. In Newfoundland and Labrador, Manitoba, Saskatchewan, and British Columbia, these are called Privacy Acts. In Quebec, privacy protection is found in the provincial Charter of Rights and Freedoms as well as under the Civil Code. For this reason, among others, I will continue to refer to the laws with which we are concerned in this book as