Library of Parliament Legislative Summaries
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.
Legal research news from an Ottawa law librarian
"Career advice – what’s your top tip?
Stay connected and current with the endeavours of your workmates and your mentors. Also, ensure your online presence reflects the professional you wish to exude now and in the future (...)
Proudest moment in your professional life?
Each time a student, colleague, or mentor relays that my contributions have made a positive impact on their research, work, or career."
Labels: library associations
"Marijuana, otherwise known as cannabis, has been legally prohibited in Canada since 1923. The 2002 report of the Senate Special Committee on Illegal Drugs noted that there was little debate surrounding this addition to the criminal law at the time; as such, the precise motivation for doing so remains unclear."The article also looks at how marijuana is regulated in other jurisdictions such as the states of Washington and Colorado, Uruguay, Portugal and the Netherlands.
"Today, the prohibition of cannabis is found in the Controlled Drugs and Substances Act (CDSA), which makes it an offence to possess, traffic, import and export, or produce cannabis."
"Penalties upon conviction for these offences range from a fine for the least serious possession offences to potential life imprisonment for the most serious trafficking offences. Sentences are more severe if the amount of cannabis involved is large."
"Mandatory minimum sentences apply if certain factors are present, such as the threat or use of violence or a weapon in the commission of the offence. A mandatory sentence need not be applied if an offender successfully completes a drug treatment program."
"The 115-page study presents detailed data on law faculty evaluations of a myriad of law library information resources and services, including but not limited to information services such as West, LexisNexis, Bloomberg, FindLaw, and Google Scholar; services such as group study rooms, database training and other infoliteracy services, inter-library loan, range and quality of law journals and legal databases, course reserves, law library information technology and much more."124 law school faculty from 38 law schools in the United States took part.
"In addition, the report presents faculty judgments on the idea of hiring more librarians, on the future of the library budget and on the overall efficiency of the law school library compared to other departments and units of the law school."
"The SLA Professional Competencies Task Force envisions that this document will be used by various audiences in different ways. Among those audiences are the following:Today, Professional Competencies Task Force member Carolyn Sosnowski explained the purpose of the competencies on the SLA website:
- Members of the Special Libraries Association (SLA) and other librarians and information professionals, as a resource for articulating their own skills and competencies to employers and as a checklist for professional development;
- Employers, as a source for understanding what librarians and information professionals bring to an organization and how they can contribute to organizational performance;
- Students and prospective students, as a guide to the profession they are entering and a framework for choosing courses, programs, and careers; and
- Library and information science educators, as a framework for developing their curricula."
"The competencies provide a broad-picture view of our body of knowledge. While we all won’t possess every skill mentioned in the document, it is necessary for us to understand the scope of what information professionals do and how our own work is connected to other types of work in the information sphere. At the same time, the competencies can help us describe the nature and importance of our work to those who want to understand the contributions of information professionals."The Canadian Association of Law Libraries (CALL) has developed its own set of Professional Development Pathways. The Pathways, based on core competencies identified by the Association, now guide all programming at national conferences as well as continuing education activities. The full list of Pathway-related competencies is on the CALL website.
"The competencies are ideal to serve as a professional development road map for information professionals. Hone your expertise based on the skills outlined in the document. Are you seeking a promotion, or interested in refocusing your career? Reviewing the competencies is a good place to start exploring what you need to know. Use them to evaluate gaps in your training and education, and then seek out opportunities to deepen your knowledge in those areas."
"Link rot happens when a hyperlink on a web page or within a document points to a website or online resource that has changed or is no longer available. It is a serious problem affecting as much as 70 percent of all scholarly articles in law, medicine, science, and technology, impeding the ability to follow and evaluate the digital scholarly record. Building on solutions and approaches developed in the field of legal scholarship, this project will add to the Perma library coalition and seek to mitigate link rot in other fields."
"(...) Perma.cc was officially implemented by the Law Library on October 1, 2015. This means that hyperlinked footnote references in new Global Legal Research Center reports—such as the Center’s recent reports on foreign fighters, human trafficking or national parliaments—now contain links to archived versions of referenced Web pages, allowing readers permanent access to key legal materials, regardless of what happens to the original Web address."Earlier Library Boy posts about link rot include:
"The rule against perpetuities (RAP) was developed by English courts in the 17th century as a way to prevent landowners from using future and contingent interests to tie up property for generation after generation. RAP seeks to control the creation of future, contingent interests in property which may vest outside of the specified perpetuity period. The perpetuity period is measured with reference to any life or lives in being that are in existence at the creation of the interest, plus 21 years. If, at the date that the disposition takes effect, it is not certain that the contingent interest will vest within the perpetuity period, then the interest will be considered void at the outset. RAP was received law from England and became part of the law of Alberta."The report discusses the situation in Alberta as well as the practices adopted in Manitoba, Nova Scotia, Saskatchewan, England and New Zealand.
"Over the centuries the courts expanded RAP with the result that it now applies to virtually all future or contingent interests in property, regardless of whether the interest is real, personal, legal or equitable. RAP and its expansion have resulted in a complex and virtually incomprehensible body of law that is often misapplied and misunderstood (...)"
"Does perpetuities law serve any valid legal or social purpose in today’s society? It seems to be well accepted that the historical purpose of preventing wealthy landowners from creating successive family estates is not relevant in Canada. However, many view the modern purpose of perpetuities law as creating a balance between past and present, so that a settlor or testator may dictate the disposition of his or her property, but may not control it so far into the future that the beneficiaries cannot appropriately respond to changed times and circumstances. Similarly, restricting how far into the future a settlor or testator can control his or her property may benefit society by ensuring that property is used to meet contemporary needs, rather than outdated ones (...)"
"Choosing to retain perpetuities law does not necessarily mean that the Perpetuities Act should continue to govern in its current form. Three potential reform models are presented and discussed:
- Perpetuities law should allow a choice between RAP’s perpetuity period calculated by reference to lives in being and a fixed perpetuity period for vesting, but should retain the wait and see principle.
- RAP should be codified, the concept of lives in being should be eliminated, a fixed perpetuity period for vesting should be implemented, and the wait and see principle should be retained.
- RAP, lives in being, vesting and the wait and see principle should be completely replaced with a legislated, fixed duration period for trusts."
Labels: Supreme Court of Canada
"An effective land registration law is essential for everyone who owns land, whether the land is a home, a business or an investment. Land registration also has wider importance for business and the economy; a recent report from the World Bank suggests that a 'well-designed land administration system … makes it possible for the property market to exist and to operate' (...)"Following an analysis of the responses to the consultation, the Commission will publish a report and draft a Bill for the British Parliament in late 2017.
"Our project is designed to update the Land Registration Act 2002, the Act that governs registered land, in light of the experience of its operation since it came into force in October 2003. Our project is not designed to fundamentally reformulate the Act, but to improve specific aspects of its operation within the existing legal framework."
"Our scoping work revealed a range of often highly technical issues that have important implications for landowners, conveyancers, lenders and all those with an interest in the property market. Dealings and disputes that engage the land registration regime can be complex and require expert advice. Uncertainty in the regime makes advising clients difficult, incentivises litigation, and increases costs for landowners. Additionally, the landscape within which land registration operates has changed considerably since the Act came into force. We have seen an increase of incidents of fraud relating to registered land, the legal consequences of which have been difficult to resolve, while technology has not developed in the way that was predicted at the time the legislation was drafted.
Our consultation paper considers a wide range of issues, including:
- the interests that can be registered
- how interests are protected on the register
- the effect of registration
- the extent of the guarantee of title that registration provides
- the development of electronic conveyancing."
"The law of fraudulent conveyances and fraudulent preferences is part of the broader commercial law of creditors’ remedies. Provincial fraudulent conveyances and fraudulent preferences law supports the civil enforcement regime by offering a remedy to creditors whose rights are subverted as a result of transactions that remove property of their debtors from the reach of judgment enforcement law. Corresponding provisions in the federal Bankruptcy and Insolvency Act allow a trustee in bankruptcy to recover property lost to creditors who are entitled to share in a distribution under the rules of that Act once bankruptcy proceedings are invoked. While those provisions are designed to serve the same purpose as that served by provincial law, the conditions under which a transaction may be set aside under the Bankruptcy and Insolvency Act differ from those that apply under provincial law. A trustee may rely on either regime but, outside of bankruptcy, creditors are restricted to provincial law. "
"Alberta law in this area, like the law in other Canadian common law provinces and territories, is seriously dated, lacks a clear policy foundation and produces anomalous and uncertain results. The widely acknowledged need for reform prompted the Uniform Law Conference of Canada [ULCC] to undertake a comprehensive project culminating in 2012 with its approval of the Uniform Reviewable Transactions Act [URTA], recommended by the Conference for adoption across the country. The Act is accompanied by a detailed commentary explaining the meaning and operation of its provisions. The central recommendation of this report is that the URTA be enacted in Alberta, with such minor revisions as may be appropriate to interface with other legislation and generally meet local legal requirements. The ancillary recommendations deal with those revisions. "According to the ALRI, among the changes the adoption of URTA would bring are the following: