Tuesday, March 19, 2019

February 2019 Update from Canadian Federation of Library Associations

The Canadian Federation of Library Associations has provided an update of its activities since December 31, 2018.

It includes information about the federation's efforts in areas such as advocacy and lobbying, intellectual freedom, cataloguing standards, copyright, and indigenous affairs.

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Monday, March 18, 2019

Upcoming CALL Conference Podcast Series

The Canadian Association of Law Libraries (CALL) is partnering with legal vendor vLex to organize a podcast series that will feature participants at its upcoming annual conference in late May in Edmonton.

According to an e-mail sent out earlier today by the CALL National Office:
"CALL members are invited to participate as co-hosts with vLex Canada CEO Colin Lachance in 10-minute interviews with conference speakers, exhibitors, sponsors and organizers, about their experience at the conference, what’s hot in their world, and their thoughts on the future. All conversations will be broadcast live on either Twitter or YouTube, recorded and edited for distribution as podcasts after the conference."

"No experience necessary!"
Conference attendees who want to be guests on the podcasts can submit their contact info.

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Thursday, March 14, 2019

Canadian Association of Law Libraries Webinar on The Changing Business of Law

The Canadian Association of Law Libraries (CALL) is hosting a webinar on April 3, 2019 on The Changing Business of Law, and What It Means For Law Libraries. The speaker is John  Wu from Codify Legal Publishing:
"The legal profession is in a state of unrest. Competition is increasing. The advancement of the global marketplace, unceasing. The end of the billable hour seems all but imminent. These challenges lead to a bewildering situation, where more services are expected, even as budgets are cut. Libraries, perceived by some as a cost-center of the business, too often feel the brunt of this. But this shouldn’t be the case. In this webinar, John will discuss how the business of law is changing, in both Canada and across the globe, and the effects this could have on the legal ecosystem. Drawing from case studies and complexity science, along with his own in-field research, he’ll offer insight to help you not only face these challenges, but take proactive steps to leverage them and empower the law library."
The webinar takes place from 1 to 2:30PM Eastern.

Cost is $45.20 for CALL members ($28.25 for CALL student members), $67.80 for non-members.

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posted by Michel-Adrien at 6:10 pm 0 comments

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from March 1-15, 2019 is now available on the Court website.

It is possible to subscribe via e-mail to receive the list.

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posted by Michel-Adrien at 6:05 pm 0 comments

Wednesday, March 13, 2019

Article on Why Supreme Court of Canada Doesn't Provide Reasons When It Doesn't Hear Cases

Yesterday, Legal Sourcery, the blog of the Law Society of Saskatchewan, published an article called Leave Applications at the Supreme Court of Canada: Should Reasons be Provided?

It looks at why the Supreme Court of Canada doesn't provide reasons when it dismisses applications for leave to appeal. It also asks whether the Court should reconsider the practice.

From the article's conclusion:
"The provision of reasons by the Supreme Court when dismissing applications for leave to appeal would be a welcome change to the historic practice. It has the potential to add transparency, legitimacy, and clarity to a process that has important implications. It would also allow applicants to assess their own chances of success with the added knowledge of the disposition of past applications for leave. That being said, the sheer number of applications for leave each year makes this change unlikely to occur. The hypothetical reasons would necessarily be short and superficial, which would make the use of them as precedent problematic."

"Currently, as far as applications for leave to appeal to the Supreme Court are concerned, individuals should avoid cynical thinking and believe that the Justices are exercising their discretion appropriately. Thorough reasons would be ideal, but a reversal of the current practice is unlikely."

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posted by Michel-Adrien at 6:29 pm 0 comments

Tuesday, March 12, 2019

Call for Nominations for Denis Marshall Memorial Award for Excellence in Law Librarianship

The Canadian Association of Law Libraries (CALL) is seeking nominations for the Denis Marshall Memorial Award for Excellence in Law Librarianship.

Nominations close on April 1, 2019:
"This award is an honour bestowed upon a current member of CALL/ACBD who has provided outstanding service to the Association AND/OR enhanced the profession of law librarianship in the recent past. The specific contributions  must reflect the qualities embodied by Denis Marshall:
  • a continued commitment to excellence in law librarianship;
  • a strong service ethic;
  • a commitment to continuous learning;
  • a significant contribution to the scholarship of the library profession;
  • mentoring and encouraging those who seek a profession in law librarianship;
  • the pursuit of innovation and/or innovative solutions;
  • and/or a contribution to leadership in the law library profession. "
The name of the nominated person must be accompanied by two signed letters from colleagues in support of the nominee, with names and signatures of three additional CALL members supporting the nomination.

The award has a value of $3,000 plus expenses up to $2,000 to attend the annual CALL conference.

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posted by Michel-Adrien at 7:53 pm 0 comments

Monday, March 11, 2019

Supreme Court of Canada Calendar of March 2019 Hearings

The Supreme Court of Canada has published its calendar of appeals that will be heard from March 19 to March 29, 2019.

To find out more about any particular case, click on the docket number in parentheses next to each case name to find docket information, case summaries as well as facta from the parties.

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posted by Michel-Adrien at 6:46 pm 0 comments

Most Recent Issue of LawNow: Protecting Privacy

The most recent issue of LawNow is available online.

The magazine is published by the Centre for Public Legal Education Alberta.

The issue features a series of articles on the protection of privacy. There is also a special report on immigration law.

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posted by Michel-Adrien at 6:43 pm 0 comments

Canadian Librarians Included in Library Journal's Movers and Shakers 2019 List

The website Librarianship.ca has a list of the Canadian librarians who were selected to be part of Library Journal's 2019 list of Library Movers and Shakers.

The list, which includes 54 librarians this year, is an annual snapshot of the transformative work being done by those in libraries of all types and sizes and across the field.The full list can be found on the Library Journal website.

The publication provides a map of all the Movers and Shakers from 2002 to 2019

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posted by Michel-Adrien at 6:38 pm 0 comments

Monday, March 04, 2019

March 2019 Issue of In Session - E-Newsletter of Canadian Association of Law Libraries

The March 2019 issue of In Session is available online.

It is the monthly e-newsletter of the Canadian Association of Law Libraries (CALL) and contains news from CALL committees and special interest groups, member updates and events.

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posted by Michel-Adrien at 6:49 pm 0 comments

Thursday, February 28, 2019

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from February 16 to 28, 2019 is now available on the Court website.

It is possible to subscribe via e-mail to receive the list.

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posted by Michel-Adrien at 6:47 pm 0 comments

Wednesday, February 27, 2019

Law Library of Congress Report on Birthright Citizenship Around the World

The Law Library of Congress in Washington recently published a report on Birthright Citizenship Around the World:
"Based on a comprehensive survey of citizenship and nationality laws of the countries of the world, this report presents information on the laws of those countries that allow acquisition of citizenship based on the fact of one’s birth in the territory of the country (jus soli, or birthright citizenship).  In theory, the jus soli rule of citizenship stands in sharp contrast to the jus sanguinis rule, which grants citizenship only if one or both parents hold citizenship. In reality, the line between these approaches frequently blurs, as the various parent-based conditions for birthright citizenship listed in the table below illustrate."

"The research identified ninety-four countries that currently have, or previously had but recently terminated, laws granting citizenship by birth, with or without added conditions.  A centuries-old principle of British common law that grew out of feudalism, the unconditional right to citizenship by birth was limited in many common law jurisdictions during the second part of the twentieth century.  After exclusion of this right from British law by the 1981 Nationality Act, the application of the right changed in the British overseas territories as well. While jus soli was also a centuries-old tradition in Continental Europe, many of the civil law countries of Continental Europe opted for the jus sanguinis rule to determine citizenship in the nineteenth century, following the example of the Napoleonic Code. Today, however, a country’s jurisprudential tradition seems less determinative of its approach to birthright citizenship than geographic location: The report reveals that the vast majority of surveyed countries that currently grant unconditional birthright citizenship (all but six of thirty-three countries) are located in the Americas and the Caribbean."

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posted by Michel-Adrien at 7:12 pm 0 comments

Tuesday, February 26, 2019

A Day in the Life of a Law Librarian 1997 and 2018

One of the articles in the most recent issue of the Law Library Journal, a publication of the American Association of Law Libraries (AALL), is "A Day in My Law Library Life," Circa 2018 by Scott Frey:
"In 1997, Frank Houdek gathered responses to the request, 'Describe a single day in your law library life.' (...)

"Since 1997, various law librarians have recorded, in some form, a 'day in the life.' Perhaps most prominently, AALL held a 'Day in the Life' photo contest annually from 2005 through 2016. A 2007 issue of Law Library Lights was devoted to 'A Day in the Life of a Law Librarian.' (...)

"Why might we depict a day in the law library life to fellow legal information professionals or beyond? I suspect the main reason is that informing people about what we do relates to what we do in general: connecting people with information. Giving information about our daily work sheds light on services that can help people find legal information.."

"A side benefit of recording information about what we do is that we—and future readers—can learn about law librarians’ work over time. Using this and Houdek’s articles, one may compare law librarians’ activities in the 1910s, 1997, and 2018. And future legal information professionals may compare their workdays with prior days."

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posted by Michel-Adrien at 8:17 pm 0 comments

Commercial Fishing Under Aboriginal and Treaty Rights: Supreme Court of Canada Decisions

The Library of Parliament recently released a research publication entitled Commercial Fishing Under Aboriginal and Treaty Rights: Supreme Court of Canada Decisions:
"In R. v. Sparrow, the Supreme Court of Canada considered for the first time the scope of section 35(1) of the Constitution Act, 1982, which recognizes and affirms the Aboriginal and treaty rights of the Indigenous peoples of Canada. Significantly, the Supreme Court made it clear that the rights recognized and affirmed by section 35 are not absolute and outlined a test whereby the Crown may justify legislation that infringes on Aboriginal rights. In 1996, the Supreme Court, in a trilogy of cases dealing with commercial fishing rights (R. v. Van der Peet, R. v. N.T.C. Smokehouse Ltd. and R. v. Gladstone), laid further groundwork on how Aboriginal rights should be defined. The Supreme Court decreed that a purposive approach must be applied in interpreting section 35 of the Constitution Act, 1982; in other words, the interests that section 35 was intended to protect must be identified. To define an Aboriginal right, one must first identify the practices, traditions and customs central to Indigenous societies that existed in North America prior to contact with the Europeans; to be recognized as an Aboriginal right, the practice, tradition or custom must also be an integral part of the distinctive culture of Indigenous peoples. The Supreme Court reiterated that section 35 did not create the legal doctrine of Aboriginal rights but emphasized that these rights already existed under common law. The Crown can no longer extinguish existing Aboriginal rights but may only regulate or infringe on them consistent with the test laid out in the Sparrow decision. The following is a summary of the cases mentioned above, as well as the decisions of the Supreme Court in R. v. Marshall, which considered a treaty right to a small‑scale commercial fishery, and Lax Kw’alaams Indian Band v. Canada (Attorney General), which examined the evolution of pre‑contact commercial fisheries."

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posted by Michel-Adrien at 8:06 pm 0 comments

Thursday, February 21, 2019

Next Week is Copyright Fair Dealing Week in Libraryland

The Canadian Association of Research Libraries has created a list of events from across the country to mark Fair Dealing Week, which takes place February 25 - March 1.

As its Fair Dealing Canada website explains:
"The Canadian Copyright Act allows the use of material from a copyright protected work (literature, musical scores, audiovisual works, etc.) without permission when certain conditions are met. People can use fair dealing for research, private study, education, parody, satire, criticism, review, and news reporting. In order to ensure your copying is fair, you need to consider several factors such as the amount you are copying, whether you are distributing the copy to others, and whether your copying might have a detrimental effect on potential sales of the original work."

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posted by Michel-Adrien at 7:34 pm 0 comments

Wednesday, February 20, 2019

Handy List of Law-Related Podcasts

Emma Durand-Wood has listed a series of law-related podcasts as part of a recent "SlawTip", a regular segment on the Slaw.ca website:
"If you were paying attention to the last installment of the Canadian Law Blog Awards (aka Clawbies) this past December, you probably noticed that podcasts are more popular than ever. The top prize even went to a podcast this year!"

"Today’s tip is to expand your professional development horizons past print and in-person, and check out a podcast."

"A good place to start is with the outstanding productions that were mentioned in the 2018 Clawbies (...)"

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posted by Michel-Adrien at 6:55 pm 0 comments

Tuesday, February 19, 2019

Updated Research Guides From GlobaLex

GlobaLex, the electronic collection created by the Hauser Global Law School Program at the New York University School of Law, recently updated some of its research guides.

These include:
  • Finding the Law of the Micro-States and Small Jurisdictions of Europe: "This article aims to provide an introduction to finding the sources of primary and secondary law for the "small jurisdictions" of Europe: the distinct European political entities having a population under one million persons. This update contains what materials and links have been accessible in English or the vernacular language from special areas and European enclaves and exclaves that have legal rights: either some degree of home rule or special residency and tax provisions. Suggested readings have been added to the listings for each jurisdiction based on their value to research in comparative law, and many citations and links to cited cases and works have been added. More than the original article it replaces, this version concentrates on the law and practice in those sectors that distinguish micro-states as legal and economic entities: bank secrecy, flexibility in trust management, tax sparing, asset protection, shipping, and political and juridical stability."
  • Researching Canadian Law (update by University of Victoria's Kim Nayyer)

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posted by Michel-Adrien at 3:35 pm 0 comments

Monday, February 18, 2019

Recent Library of Parliament Legislative Summaries

There are quite a few new Library of Parliament legislative summaries for some of the federal bills of the current session.

The summaries contain background and analysis of bills in front of the House of Commons and the Senate.

It is possible to follow the progress of all bills in Parliament on the LEGISinfo website.

Among the recent summaries are:
  • Legislative Summary of Bill C‑75: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts: "This bill is intended to make the criminal justice system more modern and efficient and to reduce delays in criminal proceedings. The proposed amendments are in response to the Supreme Court of Canada rulings in R. v. Jordan and R. v. Cody, and to the final report of the Standing Senate Committee on Legal and Constitutional Affairs, Delaying Justice is Denying Justice: An Urgent Need to Address Lengthy Court Delays in Canada."
  • Legislative Summary of Bill C-71: An Act to amend certain Acts and Regulations in relation to firearms: "Bill C‑71 received second reading and was referred to the House of Commons Standing Committee on Public Safety and National Security (SECU) on 28 March 2018. SECU reported the bill with amendments on 12 June 2018 and the House of Commons concurred in that report on 20 June 2018. The bill received third reading in that Chamber on 24 September 2018 and was introduced in the Senate on 25 September 2018. The bill was read a second time and referred to the Standing Senate Committee on National Security and Defence on 11 December 2018. SECU amended the bill to, among other things, clarify for greater certainty that nothing in the Act shall be construed so as to permit or require the registration of non‑restricted firearms (new section 2(4) of the Firearms Act); prescribe new factors to be considered by the judge or the chief firearms officer (CFO) when determining an applicant’s eligibility to hold a firearms licence (amended section 5(2)(c) and new sections 5(2)(d) to 5(2)(f) of the Firearms Act); and specify that the terms “threatened violence” and “threatening conduct” include threats or conduct communicated to a person by means of the Internet or other digital network when determining an applicant’s eligibility to hold a firearms licence (new section 5(2.1) of the Firearms Act)."
  • Legislative Summary of Bill C-81: An Act to ensure a barrier-free Canada: "As indicated by its short title, the bill enacts the Accessible Canada Act, with the stated objective of enhancing the 'full and equal' participation of all Canadians (especially persons with disabilities) in society, through the identification, removal and prevention of barriers in areas under federal jurisdiction."
  • Legislative Summary of Bill C-51: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act: "First, the bill amends the Criminal Code (Code) to modify or repeal provisions that have been ruled unconstitutional by the courts or that raise risks of being contrary to the provisions of the Canadian Charter of Rights and Freedoms (Charter). It also amends or repeals Code provisions that could be considered obsolete and/or redundant. Second, Bill C‑51 amends provisions in the Code relating to sexual offences. In particular, it sets out a procedure for determining the admissibility and use of the complainant’s records when they are in the possession of the accused. Finally, Bill C‑51 amends the Department of Justice Act to require that the Minister of Justice table a statement of a bill’s potential effects on the rights and freedoms guaranteed by the Charter for every government bill introduced in either House of Parliament."
  • Legislative Summary of Bill C-84: An Act to amend the Criminal Code (bestiality and animal fighting):"Bill C‑84 amends the Criminal Code to define 'bestiality.' Although section 160 of the Criminal Code criminalizes bestiality, it does not include any definition of the term. The Supreme Court of Canada considered which acts are prohibited by this offence in its R. v. D.L.W. decision in 2016. The Court determined that the term 'bestiality' has a 'well‑established legal meaning and refers to sexual intercourse between a human and an animal' and stated that sexual penetration 'has always been understood to be an essential element' of the term. The court noted that it was not its role to expand upon this accepted meaning, but rather that it would be up to Parliament to 'broaden the scope of liability' for the offence by introducing an express provision in the Criminal Code."
  • Legislative Summary of Bill C-87: An Act respecting the reduction of poverty: "The bill enacts the Poverty Reduction Act (the Act), which provides targets for poverty reduction to be achieved by 2020 and by 2030, sets out Canada’s Official Poverty Line and other metrics to measure poverty, and establishes the National Advisory Council on Poverty."

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posted by Michel-Adrien at 7:07 pm 0 comments

Interview With Law Librarian of Congress Jane Sánchez

In Custodia Legis, the blog of the Law Library of Congress in Washington, D.C., posted an interview last week with Jane Sánchez, Law Librarian of Congress and Acting Deputy Librarian for Library Collections and Services:
"For library students and young librarians that might be interested in going into librarianship in a specialized area like law, what advice would you have? What kind of experience is important?"
"I would encourage library students to start with internships in the public and/or private sector, to discover what they like, what kind of work and work environment motivates them. New law librarians should take a chance and try different roles–either functional ones within their library or leadership roles within an association."

"In my own career, I have been a cataloger, created back-of-the-book indexes, developed and created databases, assigned metadata, been a reference librarian, and I have worked for a legal publisher and many different types of libraries, both inside and outside the federal government. Also, I suggest novice librarians build a support network early on; you never know who may assist you later in your career. Finally, consider public service! Public service offers opportunities to apply your knowledge in ways that may surprise you, allowing you to stretch beyond single areas of law."
The Law Library of Congress is the world’s largest law library, with a collection of over 2.65 million volumes from all ages of history and virtually every jurisdiction in the world.

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posted by Michel-Adrien at 6:50 pm 0 comments

Sunday, February 17, 2019

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from February 1 to 15, 2019 is now available on the Court website.

It is possible to subscribe via e-mail to receive the list.

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posted by Michel-Adrien at 4:49 pm 0 comments