The Sedona Conference and its Working Group 7 (Sedona Canada) are pleased to announce publication of the final, post-public-comment version of The Sedona Canada Principles Addressing Electronic Discovery, Third Edition. Previous editions of The Sedona Canada Principles were published in 2008 and 2015 and have been recognized by federal and provincial courts as an authoritative source of guidance for Canadian practitioners. This Third Edition continues to embrace the overarching principles of Proportionality and Cooperation that were first introduced in 2008, and the best practices remain the same. This edition, however, reflects the significant technological and societal changes that have impacted how the Canadian legal profession manages electronic discovery. Among the topics and new discovery challenges addressed in the Third Edition are: - the proliferation of new types of data sources, including ephemeral data and workplace collaboration tools;
- best practices for collecting data remotely;
- the use of artificial intelligence tools and emerging technologies to process ESI;
- the interplay of eDiscovery and developing privacy regimes in Canada;
- the role of information governance to facilitate eDiscovery; and
- updated case law.
The Sedona Canada Principles Addressing Electronic Discovery, Third Edition was published for public comment in April 2021. The editors and drafting team carefully considered the comments received during the public comment period, and where appropriate, they have been incorporated into this final version. You can download the Third Edition here, and please feel free to circulate this announcement to your colleagues. |