Quebec Government E-Gov Current Awarness Bulletin

If any readers speak French and are interested in e-government developments, they should think of subscribing to the Bulletin d'information e-Veille.

The monthly online publication is put together for the Quebec Ministry of Government Services by the CEFRIO research group and tackles issues relating to domestic and international trends in the deployment of online government services, IT security and governance, digital inclusion, online democracy, digital authentification, and "government 2.0" initiatives.

The most recent issue, dated March 2008, is about green e-government: how to reduce the environmental footprint of IT and government activities, and how to development green IT procurement policies.

[Source: CultureLibre.ca, a blog by Concordia University librarian Olivier Charbonneau]

Statistics Canada Report on Youth Crime

Interesting coincidence: on the same day last week that the Supreme Court of Canada struck down provisions of the Youth Criminal Justice Act that required teenagers convicted of serious crimes to be sentenced as adults unless they could show a youth sentence was warranted, a new Statistics Canada report on youth crime was released:

"...property crime rates were down and the overall rate of youth crime was 6% lower than a decade earlier and 25% below the peak in 1991, according to a new [report] based on police-reported statistics."

"In 2006, nearly 180,000 young people were implicated in some violation of the Criminal Code, excluding traffic offences. This translates to a youth crime rate of 6,885 youth accused for every 100,000 young people in this age group."

"This study showed that the rate of violent crime among young people increased 12% in 10 years, and 30% since 1991. While property crime rates have declined over the course of the previous decade, these types of offences still accounted for about 4 in 10 youth crimes in 2006."

"Drug-related crimes among youth have also climbed dramatically. The rate of drug offences among youth in 2006 was nearly twice what it was 10 years earlier."

Youth homicide rates have risen 41 per cent since 1997. However, there are so few youth homicides every year that rates can fluctuate substantially.

In the Supreme Court of Canada ruling R. v. D.B. mentioned above, a 5-4 majority ruled that the reverse onus placed on young offenders to prove why they should not be sentenced as an adult runs counter to the principle that young people are less morally blameworthy for criminal conduct because of their lack of maturity.

The onus to prove that a youth should be given an adult sentence after having been found guilty of a serious violent offence should fall on the Crown, the Court ruled.

Current State of Federalism Studies in Canada

Canadian Policy Research Networks (CPRN) has released a study by 2 University of Ottawa scholars entitled The Current State of Federalism Studies in Canada (2000-2007): A Quantitative and Qualitative Review of the Scholarly Literature.

CPRN is a non-profit, charitable policy think tank based in Ottawa founded in 1994 by Judith Maxwell, the last Chair of the Economic Council of Canada.

The study tracks changes in how federalism is examined as an issue in Canada:

"The Supreme Court of Canada, in the Secession Reference, suggested that federalism is among the core shared values of Canadians along with democracy, constitutionalism and the rule of law, and respect for minorities ... As such, it would be reasonable to expect that federalism would be a major and ongoing preoccupation and concern for those who, broadly defined, study Canadian politics and government. However, there is some debate about the extent to which, in fact, federalism remains the object of sustained and continuing scholarly attention. This paper seeks to add to this debate based on a review of recent scholarly literature on federalism published in Canada and the results of a series of interviews with scholars for whom federalism is a major concern."

From the conclusion:

"First, our research suggests that, while the total number of studies having something to do with federalism in Canada (defined broadly) is quite large (about 1200 between 2000 and 2007 published in academic journals, released by think tanks, published in edited collections, etc.), the number of studies that deal with federalism per se is quite small. In other words, there is a large and evolving literature in law, economics and particularly in political science where federalism is given at least some consideration. However, our qualitative and quantitative review of the recent literature on federalism in Canada suggests that federalism is, very often, a contextual or explanatory factor and not the principal object of study. Much less common are studies where federalism is the main focus of the research."

"Second, this study suggests that federalism studies in Canada continue to be tied to current events and contemporary issues. This focus on what is more or less immediate has several advantages and disadvantages. On the plus side, it suggests that students of Canadian federalism are engaged with the debates of the day and are, in a small way, willing and able to contribute to
framing, understanding and, in some cases, advancing the debate. However, this focus on the here and now may mean that scholars of Canadian federalism focus on the detail (e.g. How big is the fiscal imbalance?) or are, at least to some extent, captured by the particular framing that is dominant in the current debate (e.g. What does 'open federalism' mean?). This makes it more difficult to explore the more fundamental questions. In fact, this lack of attention to some of the more enduring questions that underline contemporary debates may make the short-term interventions of scholars less effective and compelling. A second disadvantage of this strong linkage to current events is that perennial issues (e.g. Why is Canada a federation?), issues that are just over the horizon (e.g. demographic change and fiscal arrangements) or issues that will, sooner or later, return to the agenda (e.g. What are the necessary conditions to allow for constitutional change?) may not get the attention they deserve."

2008 Winners: Day in the Life of Law Libraries Photo Contest

The American Association of Law Libraries (AALL) has posted the winning photos of its 2008 A Day in the Life of the Law Library Community Photo Contest:

"During the month of February, AALL members took a wide range of photographs of law librarians working, meeting, teaching, and doing all that law librarians do in a given day or week."

The AALL received submissions from more than 35 law libraries.

New Online Law Librarian Group

Jim Milles, the director of the law library at the University of Buffalo, has created the Law Libraries and Librarians group on the social network Ning. He launched it one week ago and 137 people have already signed up.

As Milles explains on his blog in a post entitled The right tool at the right time:

"[Ning is] a user-customizable platform that allows anyone to create MySpace or Facebook-like social networks, but without all the clutter and garbage that makes MySpace and Facebook so frustrating."

(...)

"I suspect that what has made this group go viral in its own small way is that it is serving the right need at the right time. Some of the members are active social networking users: bloggers, podcasters, and Twitterers; Skype, Gtalk, and ooVoo users; del.icio.us and wiki fans, and more. Many of the members appear to be law librarians who have been meaning to learn more about these tools, and perhaps had planned some exploration among their summer projects. "

Launch of Canada Gazette Database 1841-1997

Library and Archives Canada (LAC) has launched a new website called A Nation's Chronicle: The Canada Gazette:

"Often referred to as 'the official newspaper of the Government of Canada,' the Canada Gazette has been an important instrument in the Canadian democratic process for more than 160 years. It has served to inform Canadians of the operations of government and to involve them actively in the legislative process. With this site, Library and Archives Canada (LAC), in co-operation with the Canada Gazette Directorate, Public Works and Government of Services Canada, will make the Gazette available online, in its entirety, for the first time (...)"

Approximately 30% (almost 300,000 pages) of the total Canada Gazette content is now online. This includes:

• Part I - 1983-1997
• Part II - 1950-1976, 1983-1997
• Part III - 1985-1997

And, of course, everything from 1998 onwards has been available online for some time now.

By the fall of 2008, LAC will be adding the earliest issues of the Gazette, from 1841 to 1950. By spring 2009, all issues of the Canada Gazette will be available online.

The database will allow keyword searching of all issues dating back to the very first one.

Battle Over Federal Judges' Salaries Heats Up Again

We are once again in the middle of a battle over salary increases for federally-appointed judges (Ottawa Citizen, April 8, 2008, Judges seek 10-per-cent pay increase).

The most recent issue of The Lawyers Weekly (May 16, 2008 edition) draws attention to some interesting new data about federal judges' salaries. And judges are not happy about how the government gathered the information.

According to an article entitled Incomes climb when lawyers go to federal Bench: analysis:

"Most lawyers named to the federal Bench see their pay shoot up when they become judges, reveals an unprecedented Department of Justice (DOJ) analysis of the confidential, pre-appointment tax records of 567 recently appointed federal judges."

(...)

"The government and the federal judiciary have locked horns in recent months over how much the judges’ salaries should go up, and particularly over the propriety, reliability and/or utility of some expert evidence that both sides compiled for the Judicial Compensation and Benefits Commission. [Library Boy: The Commission is an independent body established under the Judges Act every four years to enquire into the salaries and benefits of the federally appointed judiciary]"

"Correspondence filed with the Commission shows the judges were furious when they found out that the DOJ had obtained from the Canada Revenue Agency the sanitized (i.e. without identifying information) personal tax information of the bulk of sitting judges who were appointed between 1995 and May 18, 2007. The judiciary argues it was ambushed because it says it learned of the report less than a month prior to the Dec. 14, 2007 deadline for first-round submissions to the Commission."

"The judges also take umbrage to what their counsel, Pierre Bienvenu of Montreal’s Ogilvy Renault, characterized in a letter demanding an 'urgent meeting' with DOJ deputy minister John Sims, as the government’s 'inappropriate... violation' of the judges’ expectation of privacy by using their personal tax data without their knowledge or consent."

"The DOJ responds that the report was prepared to address the longstanding and justified complaints of previous independent pay commissions bemoaning the dearth of reliable data on the incomes of private-sector lawyers. Because the judiciary is largely recruited from private practice, the earnings of self-employed lawyers are accepted by commissions, the government and the judiciary as key comparators in gauging appropriate judicial salaries. This spurred the judiciary and the government last year to commission their own studies on what self-employed lawyers really earn."

The Commission is due to hand over its report and salary recommendations to the federal Minister of Justice by May 31, 2008. Submissions from interested parties are available on the Commission website.

See earlier Library Boy posts on the debate:

• Controversy Over Federal Judges' Salaries (June 4, 2006): "The commission meets every four years to set judicial salaries and benefits. The idea behind the commission is to depoliticize discussions over judicial pay so there's no appearance the bench is dependent on the federal government. Of course, whenever a commission is created to 'depoliticize' an issue, that issue is sure somehow to quickly become an ultra-political hot potato."
• More on Federal Judges Salary Hike Controversy (June 6, 2006): "Justice Robert Blair of the Canadian Superior Court Judges Association argues that the federal government's refusal to accept the pay increase recommended by an independent judicial pay and benefits commission in 2004 will have a major negative impact: '(...) we are quite disappointed about that because we are concerned about the implications for the continued integrity of the independent commission process that has been set up and that is so important in preserving judicial independence (...)' "

Lawyers Weekly Profile of Blogger and Mesh Conference Founder Rob Hyndman

The May 16, 2008 edition of The Lawyers Weekly profiles Toronto lawyer Rob Hyndman in the article entitled Co-founder of Canada’s premier Web conference.

His blog won an award at the 2007 CLawBies, “Canadian Law Blog Awards” for best Canadian law blog.

He is the founder of the Mesh web conference, a huge annual gathering of Internet luminaries in Canada.

The next conference is May 21-22 in Toronto and features speakers such as Lane Merrifield, co-founder of children's virtual world Club Penguin; Ethan Kaplan, the head of technology at Warner Bros. Records; Michael Geist, a law professor at the University of Ottawa; Mark Kingwell, a philosophy professor at the University of Toronto; and pop star David Usher.

Quebec Government Advisory Committee Report on Surveillance Technologies

The Science and Technology Ethics Committee (CEST) of the Quebec government recently released a report entitled In Search of Balance: An Ethical Look at New Surveillance and Monitoring Technologies for Security Purposes:

"Mass surveillance can be considered a fact of modern society. Its significance is reflected in the variety of methods used to collect information. Among these methods, New Surveillance and Monitoring Technologies (NSMT), and particularly the way in which they are used, raise a number of ethical issues. In addition, the Commission de l’éthique de la science et de la technologie (CEST) has taken on the mandate of formulating an opinion on technology which could be used in mass surveillance for purposes of security: Biometric Systems, Video Surveillance and Radio-Frequency Identification (RFID)."

"In Search of Balance: An Ethical Look at New Surveillance and Monitoring Technologies for Security Purposes is the Commission’s fifth Position statement. A look at the notions of security, sense of insecurity, risk, and surveillance is followed by a technical and ethical overview or each NSMT under consideration. Fundamental democratic values are at the heart of the ethical issues involved: Assessment of the effectiveness and reliability of NSMT, proportionality of response to insecurity, social acceptability, consent, respect for end purpose, and protection of personal information."

Earlier Library Boy posts about surveillance include:

• UK Fast Becoming Surveillance Society Says Info Commissioner (November 2, 2006): "Richard Thomas, the United Kingdom Information Commissioner, stated in a report released today that his country is sleep-walking into a surveillance society. This is due to the increasing accumulation of credit card, cell phone and loyalty card information, the monitoring of workers' computer activities, and the spread of closed circuit television surveillance. There are now 4.2 million closed circuit cameras in Britain and Britons are picked up 300 times a day on camera as they go about their regular private business."
• International Surveillance and Privacy Survey from Queen's University (November 15, 2006): "Earlier this week, Queen's University researchers released the results of a survey of 9,000 people around the world about their experiences with surveillance and privacy: 'This is believed to be the first cross-cultural study of its kind that explores relationships between attitudes and experiences, and how much people trust corporations and governments to handle personal information, including the sharing of such information with third parties, the researcher says... the survey included nearly 50 questions on participant’s attitudes about issues like consumer surveillance, racial profiling at airports, national ID cards, media coverage of surveillance issues, workplace privacy, knowledge of privacy regulations, control over personal data and public trust in government'."
• Suspect Nation Video on Rise of the Surveillance Society (November 28, 2006): "A documentary on widespread surveillance in the US and the UK by Henry Porter of the British paper The Observer has been posted to Google Video. Entitled Suspect Nation, it explores the potential misuse of the mountains of data collected about each of us through a proliferating number of technologies"
• George Orwell's London Apartment Under 24-Hour Surveillance (April 4, 2007): "On the wall outside his former residence - flat number 27B - where Orwell lived until his death in 1950, an historical plaque commemorates the anti-authoritarian author. And within 200 yards of the flat, there are 32 CCTV cameras, scanning every move."
• French Privacy Watchdog Warns Against Surveillance Society (July 12, 2007): "In its most recent activities report, the Commission nationale de l'informatique et des libertés or CNIL (the French national personal data protection and privacy commission) warns that the increased use of biometrics, surveillance cameras, and geolocalization technologies (to track employee movements via GPS systems in company cars or corporate mobile phones) may threaten privacy and civil liberties."

60th Anniversary of UN's International Law Commission

The International Law Commission is meeting in Geneva for its 60th session later this month and will celebrate its 60th anniversary with a special commemorative event.

The Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."

The work of the Commission has led to the adoption of many important international treaties and principles such as the Vienna Convention on the Law of Treaties, 1969, the Rome Statute of the International Criminal Court, 1998 and the codification of the Nuremberg principles.

All Commission documents, from 1949 to today, are available on the Commission website.

University of Toronto Symposium on Future of Administrative Justice

In January 2008, the Faculty of Law of the University of Toronto hosted a symposium on the future of administrative justice that brought together academics, participants in the tribunal sector and government policy makers.

A 28-page report on the symposium has now been released.

A webcast and background documents from the symposium are also available.