Tuesday, June 30, 2009


B.C., an embarrassment to Canada


Walking among us, are many Canadians who believe that if the Campbell Capers were occurring anywhere within the actual borders of the U.S.A., there would be quite a few well-known B.C. personalities looking out from behind prison bars. This is the first time BC Mary has directly invoked the views of our southerly cousins. What do you think of this U.S. report and the subtlety of its concluding paragraph? - BC Mary.


By Marisa Peacock | Jun 30, 2009

Tags: compliance strategy, ediscovery, enterprise cms, information management, records management

Canada has been gracious enough to offer themselves up as an example of why having an eDiscovery system in place is really important.

It has been reported that in British Columbia, many email correspondences that occurred between the executive branch and the cabinet during one of the biggest business deals in Canadian history: the sale of BC Rail to CN Rail have been accidentally or mistakenly deleted.

Wiped Out

According to The Globe and Mail, "Wiped out, according to George Copley, a lawyer representing the B.C. Executive Council, are four years of tapes covering the crucial period when the government negotiated the sale of BC Rail to CN Rail."

Not only is it embarrassing to admit that these errors occurred, it's also very expensive. This case has the potential to be one of the most expensive ediscovery cases ever in Canada.

Implementing eDiscovery for the enterprise creates some organizational challenges, such as whose responsibility is it to search and discover? Some point to IT, while others point to Human Resources. The truth is — as the Canadian government is learning — is that having a fast, dependable and well-organized compliance strategy to protect your company in the event of an eDiscovery request, is the responsibility of the enterprise period. [Need I add here, that this is a commercially-oriented news service? - BC Mary.]

Saving Face & Legal Trouble

Of course, eDiscovery isn't just about saving you time, money and embarrassment, it's about effectively managing, archiving and accessing all the information across the enterprise, in all formats so that it can be easily searched and tagged, hopefully saving your company from the possibility of litigation. A well organized company is not only a more productive one, it's one that is proactive rather than reactive.

As for Canada, considering that the defense argues the accused men were acting on the orders of their superiors — and maintain the e-mails could prove that, it's not hard to figure out why those deleted emails might have helped the prosecution build their case.


June 30th Court docket-

pg 1-15
23299-12 LIMITED ACCESS & others vs
Madam Justice Bennett
remain seized of the trial
of this matter.

In alternative, Madam
Justice Bennett remain
seized of motions up to
the commencement of
Crown's substantive case
on the Direct Indictment,
including motions relating
to a) all outstanding
Freedom of Information Act
requests, including those
for BC Rail documents; b)
all ongoing third party
records of witnesses Erik
Bornmann and Brian Kieran
(and related companies and
entities) and certain
railway companies
(Canadian National,
Canadian Pacific and
OmniTrax and related
companies or entities); c)
all applications relating
to documents held by the
Speaker; d) all informer
privilege applications
arising subsequent to the
anticipated ruling of the
Supreme Court of Canada;
e) The delay and abuse of
process application, and
all voir dires relating to
the interception of
private communications and
Hopefully that comment circulates around the world - in time for the Olympics.
"all ongoing third party
records of .... certain
railway companies
(Canadian National,
Canadian Pacific and
OmniTrax and related
companies or entities"

Does not that sound like it would include the contract of sale that has been kept secret so far?

I bet Gordo is wishing he could have stayed in Maui....
Mary, when this cruel war is over, somehow, somewhere I would like to buy you a beer (or non-alcoholic equivalent, if you prefer). Thank for you doing the MSM's job!
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