Canadian Bar Association Podcast on Indigenous Self-government in Child Welfare

The most recent episode of The Every Lawyer, a podcast series of the Canadian Bar Association, features Professor Naiomi Metallic of Dalhousie University in Halifax discussing Bill C-92, an Act respecting First Nations, Inuit and Métis children, youth and families:

"An in-depth look at Bill C-92, an Act respecting First Nations, Inuit and Métis children, youth and families, with Professor Naiomi Metallic, which turns into a broader discussion on legislative reconciliation and the ‘braiding together’ of existing legal orders."

"For those interested in advocacy, Prof. Metallic also makes the case for academia as THE place to change the law, and with it, society (...)"

"Professor Naiomi Metallic, divides her time between practice and teaching at Dalhousie University’s Schulich School of Law where she holds the Chancellor’s Chair in Aboriginal Law and Policy. She was part of the legal team that intervened on behalf of the First Nations Child and Family Caring Society led by Cindy Blackstock, a longtime advocate for child welfare and Indigenous children’s rights. The SCC referenced Prof. Metallic’s article, Aboriginal Rights, Legislative Reconciliation and Constitutionalism (dal.ca) , in their Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, and she is this year’s winner of the CBA’s Ramon John Hnatyshyn Award for Law."

Statistics Canada Article on Police-reported Crime Statistics for 2023

Statistics Canada has published an article on Police-reported crime statistics in Canada, 2023 that shows an increase in the volume and severity of police-reported crime for the third consecutive year:

"The volume and severity of police-reported crime in Canada, as measured by the Crime Severity Index (CSI), increased for the third consecutive year—up 2% in 2023—an upward trend that began in 2015. Relatively large shifts in certain types of crime led to an increase in the Non-violent CSI, while the Violent CSI remained virtually unchanged."

"The Non-violent CSI—which includes, for example, property offences and drug offences—rose 3% in 2023, following a 5% increase in 2022. A significant contributor to the 2023 increase was a higher rate of police-reported child pornography (+52%)."

"Increased reporting of child pornography was partially the result of more cases—current and historical—being forwarded to local police services by specialized provincial Internet child exploitation police units and the National Child Exploitation Crime Centre."

"Other types of non-violent crime also increased in 2023, including fraud (+12%), shoplifting ($5,000 or under; +18%), and motor vehicle theft (+5%). In contrast, breaking and entering dropped 5% from 2022, continuing a general downward trend in this crime since the 1990s."

"The Violent CSI remained virtually unchanged (+0.4%) in 2023, following a 13% cumulative increase over the previous two years. Compared with 2022, the Violent CSI recorded lower rates of homicide (-14%) and sexual violations against children (-10%) in 2023. The Violent CSI also recorded higher rates of extortion (+35%), robbery (+4%) and assault committed with a weapon or causing bodily harm (+7%)."

"The CSI is one of several measures of crime in Canada. It looks at both the volume and the severity of crime, while the conventional crime rate measures only the volume of crime."

Law Library of Congress Report on Censorship

The Law Library of Congress in Washington has published a new report about Book and Media Censorship in Selected Countries:

"The following report provides brief overviews of the treatment of these concepts, with a lens on book and media bans, in 22 different countries. The report covers the primary laws related to censorship, and when available or relevant, includes notable cases and other instances of book or media censorship. Countries were chosen to represent major regions of the world and include countries from the Americas, Europe, Asia, and Africa. Brazil, China, Cuba, Germany, Egypt, Eritrea, Ethiopia, France, The Gambia, Georgia, Israel, India, Kenya, Liberia, Russia, Sweden, the United Kingdom, Malawi, Trinidad and Tobago, Uzbekistan, Venezuela, and Vietnam are included in the study. This selection was based on a finding that these jurisdictions had laws aimed at censorship or expression based on historical, cultural, and political traditions."

"Each country has either constitutional or legislative protections in place for freedom of speech, however, many of the surveyed countries also have legislation to regulate matters such as obscenity and incitement. Most countries also contain exceptions for censorship of materials. In some countries, censorship is targeted more toward materials that may fall into the hands of children. Countries such as Malawi and Trinidad and Tobago limit materials that may be targeted toward children. Some countries have restrictions based on national security concerns, such as Israel, Russia, and Uzbekistan."

"Some countries have restrictions based on language that speaks against the government. China, Cuba, Egypt, and Vietnam have laws with provisions against materials that could be construed as critical of the government. Egypt also has laws pertaining to materials that are adverse to Islam, Christianity, or Judaism. Some countries have more severe criminal penalties for distribution of materials. In The Gambia, trafficking in obscene publications is a felony criminal act. Some countries have seen recent changes in law regarding censorship and media bans. In India, old British colonial laws regarding censorship were replaced by provisions in recently enacted criminal procedure and penal codes, and in France, laws that totally prohibit certain books or media have been repealed, although courts can restrict the distribution of a book on a case-bycase basis if it is deemed contrary to French law."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Over the years, it has published dozens of comparative law reports which are a treasure trove for legal research on a huge variety of issues.

 

Recent Government of Canada Publications from the Weekly Acquisitions List

The Government of Canada's Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government. 

It is a record of all publications catalogued in the previous week.

Some of the documents in the most recent list include:

• Former Indian Residential Schools Environmental Scan: Status of Sites and Buildings (Indigenous Services Canada): "The Indian Residential School Settlement Agreement was the result of a national class action litigation on behalf of former students of the Indian Residential Schools system. Implementation of the Settlement Agreement began on September 19, 2007 and addresses the legacy of the Indian Residential Schools (...) n May 27, 2021, Tk'emlúps te Secwe̓pemc First Nation in British Columbia announced that a search by ground penetrating radar identified 215 unmarked burials of children at the former Kamloops Indian Residential School. This was a confirmation of known stories for Indigenous peoples, and a tragic reminder of the history and legacy of residential schools. Following this confirmation, federal departments deployed efforts to support communities, Survivors and families (...) To further support Survivors and communities in addressing the legacy of residential schools, Indigenous Services Canada (ISC) undertook the IRS Environmental Scan in 2022-2023. The IRS Environmental Scan includes contemporary information on location, ownership, and condition of residential school buildings and sites building on publicly available data sets ... and publicly available information."
• Working with victims of hate (Justice Canada): "This chapter first focuses on the definition of hate crimes, to give support workers an idea of the scope of what might happen to victims. The chapter then moves to professional issues one should consider when working with any victim, but especially victims of hate crimes. This highlights general issues that support workers need to understand when dealing with sensitive issues around culture, prejudice, and society. In our current cultural context, one cannot ignore the role of the internet and social networks as a  medium for hate and hate groups as well as supports for perpetrators. Finally, the chapter concludes with a focus on the psychological impact of being a hate crime victim, including suggestions on what support workers might do to help victims."

Canadian Forum on Civil Justice Summer 2024 Newsletter

The non-profit Canadian Forum on Access to Justice (CFCJ) publishes a regular newsletter on access to justice issues.

The latest issue includes news about:

• access to justice initiatives in rural areas;
• innovation in community legal clinics in Ontario;
• legal challenges faced by migrant caregivers;
• and lots more

The CFCJ is a national non-profit organization that works to advance civil justice reform through research and advocacy.

List of 2024 vLex Fastcase 50 Honorees

Legal information company vLex Fastcase has published its most recent list of the top 50 people who have made significant contributions to the field.

A number of law librarians are on the list.

From the e-mail announcement:

"Since 2011, the vLex Fastcase 50, has recognized excellence across the legal sector. As of this year, 700 honorees have been inducted into the vLex Fastcase 50 hall of fame. To make this possible, a special thank you is extended to our judges and committee who have invested considerable time into reviewing each nomination to ensure all achievements and contributions to the legal sector are acknowledged, however big or small."

" 'From lawyers and legal technologists to judges, law librarians, and bar association executives, this award shines a spotlight on those who have made a significant impact within the legal community.' - Ed Walters, vLex Fastcase 50 founder, and vLex's Chief Strategy Officer."

July 2024 Issue of In Session E-Bulletin of Canadian Association of Law Libraries

The July 2024 issue of In Session has been published. 

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. 

Law Library of Congress Video Tutorial on Foreign Legal Gazettes

The Law Library of Congress in Washington, D.C.  has published a video tutorial about its foreign legal gazettes collection.

"Did you know that the Law Library of Congress maintains one of the largest collections of foreign official gazettes in the world? Official gazettes are primary sources of law published by governments to disseminate new legislation, regulations, and decisions of governmental bodies. The Law Library, which has been collecting these foreign official gazettes since the mid-nineteenth century, has created an eleven-minute video introduction to the foreign legal gazettes collection (...)"

"This video provides an overview of the collection and instructs researchers on how to use the Foreign Legal Gazettes Guide, which is a tool created and maintained by Law Library staff to help with the discovery of the Library’s online and physical gazette collections."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Survey of Plans for Law Library Print Materials Collection

Primary Research Group, a New York-based publisher of research reports and surveys about libraries, is surveying law librarians about their plans for their print materials collections. 

Earlier editions of the same survey include:

• Survey of Law Library Plans for the Print Materials Collection, 2018 Edition: "Just a few of this 84-page report’s many findings are that: For smaller law firm libraries in the sample the change in overall mean print spending from 2016 to 2018 was a cumulative drop of $25,249 or 12%.   This was a lower decrease than for many other types of law library in the sample; Primary legal works accounted for a mean of 25.78% of the sampled libraries print materials budget with a median of 30% and a range of 0 to 70%; Non-law firm corporate and government libraries cull an annual mean of 7.29% of their book collections; Most of the print subscription volume was in larger law libraries with more than 3 full time equivalent librarians, though it should be noted that many of these were not university law libraries; Data in the report is broken out for US and Canadian libraries, and by library size and type, i.e., university law library, courthouse law library, other government/corporate law library, and for two categories of law firm library, those serving fewer than and more than 150 lawyers."
• Survey of Law Library Plans for the Print Materials Collection, 2020 Edition: "Just a few of the report’s many findings are that: The government law libraries in the sample spent a mean of $774,000 on print materials in the past year; Canadian law libraries in the sample culled a mean of 6.38% of the book collections in the past year; Large law libraries with 5 or more librarians reduced the number of print subscriptions to law journals that they maintain by nearly 19% in 2019; Small and medium-sized law firm libraries expect to increase their spending significantly on print editions of newspapers and magazines in 2020; Primary legal works accounted for a mean of 34.21% of the print materials budget for the organizations sampled."
• Survey of Law Library Plans for the Print Materials Collection, 2022 Edition: "Just a few of the 111-page report’s many findings are that: The Canadian law libraries in the sample vastly outspent the US ones on print materials; Libraries headed by individuals under age 60 spent far less on print materials than those headed by individuals over age 60; Collection culling of print materials was slightly higher in the USA than in Canada; For law school libraries, print materials accounted for 33.67% of the print materials budget; Spending on print directories by the libraries sampled is expected to fall by 15% in 2022."

English Law Commission Consultation on Contempt of Court

The Law Commission of England has published a consultation paper on the law of contempt of court.

As explained in the summary document:

"The law of contempt is disorganised and, at times, incoherent. It has developed over centuries, but has done so piecemeal, and now comprises an unsystematic amalgam of statute and common law. Historic distinctions persist, such as the distinction between civil and criminal contempt, though with little utility. Indeed, whether classified as criminal or civil, contempt is not a criminal offence at all but is instead a wholly separate regime for safeguarding the administration of justice. The penalties for contempt are generally imprisonment or a fine. Alongside contempt of court are many overlapping criminal offences relating to the administration of justice (such as the offence of perverting the course of justice)."

"Nevertheless, the more fundamental problems with contempt are practical. Many courts and tribunals lack meaningful powers to deal with contempt when it arises. Even when courts do have such powers, the sanctions available to them – as tools either of coercion or punishment – are blunt. The procedures for contempt differ between different courts, and the law governing appeals can be unclear and complex (...)"

"All of these problems mean that it is difficult for laypeople and legal practitioners to identify and understand the relevant law, and for the courts to recognise and respond appropriately to interferences with the administration of justice."

"A clearer and more coherent set of laws and rules governing contempt – addressing liability for contempt, the powers of courts, procedure, and the imposition of sanctions – would help to ensure that this very significant area of law operates in a principled, comprehensible, and effective way."

The Law Commission proposes to do away with centuries-old distinctions between “criminal contempt” and “civil contempt” in favour of a modern, streamlined set of contempt laws.

The Commission proposes that there should be three forms of contempt of court:

• “General contempt”. Examples include abusing court staff or witnesses, disrupting a hearing, or making unauthorised recordings of proceedings.
• “Contempt by breach of court order or undertaking”. Examples include litigants in high value commercial disputes taking assets out of the country in contravention of a “freezing order” requiring them not to do so, or protesters entering on land when an injunction prohibits it.
• “Contempt by publication when proceedings are active”. Examples include media reporting or social media posts that create a substantial risk that the course of justice in active proceedings will be seriously impeded or prejudiced. For instance, when a publication reveals information that may not be admissible in evidence then it may carry a risk of influencing a jury in a criminal trial.

The Law Commission is an independent body established by statute to make recommendations to Government on improving the law.

The consultation the Commission is running will end November 8, 2024.

July/August 2024 Issue of AALL Spectrum

The July/August 2024 issue of AALL Spectrum is now available online.

It is a publication of the American Association of Law Libraries.

This issue has a particular focus on advancing access to justice.

Library Code of Best Practices for Crown Copyright

The Canadian Association of Research Libraries (CARL) and the Canadian Federation of Library Associations (CFLA) recently published a document entitled Navigating Copyright for Crown-Published Works: A Code of Best Practices for Libraries.

"Libraries have assumed responsibility for the stewardship of this critical part of Canada’s culture and knowledge, which includes preserving and maintaining public access to this information. However, to do this work, libraries must first navigate Crown copyright protections that can, and often do, hamper these efforts."

"This document is intended to support libraries engaged in navigating copyright issues related to reproducing and sharing Canadian government publications for stewardship purposes. Specifically, this document provides guidance to libraries for digitizing and making available legacy print government publications, as well as collecting, preserving, and providing ongoing access to born-digital content from government websites."

"This code of best practices provides background information alongside a legal framework for these activities. It also shares some illustrative examples that document current practices in use within the library community and the current consensus around related best practices. While this document has undergone a legal and peer review process, it is not intended to be a substitute for legal advice."

International Interlibrary Loan Survey by American Library Association

The Reference & User Services Association (RUSA), a division of the American Library Association, recently released the results of its fifth International Interlibrary Loan Survey.

"The survey was first undertaken in 2007 ... The 2023 survey was distributed globally in collaboration with the International Federation of Library Associations and Institutions (IFLA) Document Delivery and Resource Sharing Section (DDRS), and was the first  survey to be made available in all seven official IFLA languages (i.e., Arabic, Chinese, English, French, German, Russian, and Spanish) ..."

"The survey was distributed via listservs, library contact information gleaned from the International ILL  Toolkit, and social media to institutions in over 85 countries. The survey was open for twelve weeks from June 14, 2023 to September 10, 2023."

Questions included:

•  Does your library borrow internationally?
• What type of materials does your library borrow internationally?
• Which types of materials are hard to obtain from international collections?
• Charging local patrons for international ILL borrowing requests?
• What type of requests will your library supply internationally?
• Does your library fill more or fewer international interlibrary loan requests now than five years ago? What has the change been?
• Do copyright restrictions prevent your library from supplying non-returnables to international borrowers?
• Do licensing restrictions prevent your library from supplying non-returnables to international borrowers?
• etc.

There were 269 respondents. with 143 responses (53%) from North America.

On nearly every continent, a plurality of respondents worked in academic libraries. The exception was Australia and Oceania where more medical/health libraries responded than other library types (43% medical/health, 29% academic).

Canadian Association of Law Libraries Scholarship Opportunity to Help With Continuing Education Funding

Members of the Canadian Association of Law Libraries have until August 1, 2024 to apply for the James D. Lang Memorial Scholarship.

The scholarship supports attendance at a continuing education program "be it a workshop, certificate program or other similar activity deemed appropriate by the CALL/ACBD Scholarships and Awards Committee".

Progress Report from the Action Committee on Modernizing Court Operations

The Action Committee on Modernizing Court Operations, a body that provides guidance to modernize Canadian court operations and improve access to justice, has released its 2023-2024 Progress Report:

"Its work targets all levels of Canadian courts, in all types of court matters, including criminal, civil and family. The Action Committee also acts as a hub for information sharing, coordination and collaboration among judicial and justice partners who work in court operations across the country. Additionally, it identifies areas of further study that may interest policymakers, academics, and training providers in the field of court operations."

The report some of the Committee's latest work in areas such as:

• improving court operations for Indigenous court users
• increasing access to justice for court users
• guidance focusing on virtual and hybrid hearings in family matters
• supporting emergency preparedness so Canadian courts can face the challenges of pandemics, severe weather, and wildfires

Membership of the Committee includes the Chief Justice of Canada, senior judges from many provinces, and provincial ministers.

Recent Library of Parliament Legislative Summaries

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills.

Among them are:

• Legislative Summary of Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments: "Bill C-20 establishes the independent Public Complaints and Review Commission (the Commission) to review and  investigate complaints against employees of the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). The Commission replaces the existing Civilian Review and Complaints Commission (CRCC) which reviews complaints against the RCMP. Currently, no oversight authority is responsible for reviewing complaints against the CBSA."
• Legislative Summary of Bill C-65: An Act to amend the Canada Elections Act: "The bill amends the Canada Elections Act (CEA) to accomplish several distinct legislative objectives, including: providing for two additional days of advance polling; moving the next fixed election date; regulating voting at long-term care institutions; updating the process for voting by mail (special ballot); regulating voting at post-secondary educational institutions; amending the requirements relating to political parties’ policies for the protection of personal information; amending or creating new prohibitions pertaining to the electoral process; amending the regime applicable to third-party financing; granting new powers to the Commissioner of Canada Elections (CCE); and requiring the Chief Electoral Officer (CEO) to report to Parliament on potential changes to the electoral process."
• Legislative Summary of Bill C-50: An Act respecting accountability, transparency and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy: "The Government of Canada describes this legislative initiative as the product of comprehensive consultation, the purpose of which is to establish both a plan and mechanisms for governance and accountability to place the federal government in a better position to support workers and communities as Canada works to build a net-zero economy."
• Legislative Summary of Bill C-69: An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024: "Part 1 implements various income tax measures through amendments to the Income Tax Act and related statutes and regulations, including increasing the home buyers’ plan withdrawal limit and deferring the repayment period, creating the Canada Carbon Rebate for Small Businesses, and providing a refundable investment tax credit to qualified businesses for certain investments in clean technology manufacturing property (clauses 2 to 80). Part 2 enacts the Global Minimum Tax Act, which is a regime based on the Rules of the Organization for Economic Co-operation and Development, that ensures that large multinational corporations are subject to a minimum effective tax rate of 15% on their profits wherever they do business (clauses 81 to 111). Part 3 repeals the temporary relief for supplies of certain face masks, respirators and shields from the Goods and Services Tax/Harmonized Sales Tax, and implements certain measures regarding excise duty in respect of tobacco and vaping products, beer, spirits and wine. It also implements certain changes to the Underused Housing Tax (clauses 112 to 148). Part 4, which is divided into 44 divisions, implements various  measures. It amends numerous existing Acts that cover many areas of law. It also enacts the Consumer-Driven Banking Act (clauses 149 to 468)."

Library of Parliament legislative summaries summarize bills currently before Parliament and provide background information about them in an objective and impartial manner. They are prepared the Library's research staff which carries out research for and provides information and analysis to parliamentarians, Senate and House of Commons committees and parliamentary associations. Legislative summaries are revised as needed to reflect amendments made to bills as they move through the legislative process.

Recent Government of Canada Publications from the Weekly Acquisitions List

The Government of Canada's Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government. 

It is a record of all publications catalogued in the previous week.

Some of the documents in the most recent list include:

• Electronic records as documentary evidence (Canadian General Standards Board): "CAN/CGSB-72.34 specifies principles, methods, and practices for the creation (i.e. making, receipt, and capture) and management of all forms of electronic records (e.g. e-mail, cartographic, audio-visual, textual, multimedia, etc.) to support their admissibility [see admissibility (records), admissibility (rules), and weight (of evidence)] as evidences in legal proceedings. Because this standard provides only general legal, management and technical information, users should seek further advice before applying its recommendations to specific records or systems. This standard is harmonized with applicable federal, provincial and territorial acts in force and their pursuant regulation at the time of the Committee’s deliberations. Where differences exist between an act or a regulation and this standard, the former will prevail."
• Annual Report 2023-2024 (Communications Security Establishment): "Canada is facing new and evolving security threats, including climate change and its impacts on the Arctic, cybercrime, violent extremism, and threats from Russia, China, and other nation states to the international rules that keep us all safe. But the work CSE is doing across all aspects of its mandate plays a significant role in protecting Canada from these threats now and into the future. We are pleased to present this annual report, which details CSE’s record of success in combating cybercrime and the emerging threats facing Canada and the world. The report highlights to Canadians what CSE has done over the past year. Reports like these are vital for an open and accountable government and help build public faith in our institutions."
• Special Bulletin on financial activity associated with suspected sanctions evasion (Financial Transactions and Reports Analysis Centre of Canada): "Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the Act), the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) produces strategic intelligence to provide analytical perspectives on the nature and scope of money laundering, terrorist activity financing, the financing of threats to the security of Canada, and sanctions evasion. This Special Bulletin provides background information relevant to Canada’s sanctions regime and aims to inform reporting entities on the characteristics of completed or attempted financial transactions related to suspected sanctions evasion to support their ability to meet expanded obligations under the Act, effective August 19, 2024."
• RECALL TO REIMAGINE: (Re)Creating the Law Commission of Canada (Law Commission of Canada): "The spring of 2023 marked a fresh start for the Law Commission of Canada, an independent federal agency mandated with the study, review, and development of Canada’s law and legal systems in ways responsive to changing needs across this country. Active from 1997- 2006, the Commission reemerged from a 17-year hibernation (...) In this paper, the Law Commission of Canada demonstrates its commitment to learning from the past by drawing guidance and insights from the structure and work of its earlier version. As suggested by the paper’s title, recreating the Law Commission of Canada relies on imagination grounded in recall. The directives that frame Part I — “recall, remember and retell” — invite us to look back to the Law Commission of 1997-2006. Those of Part II — “rebuild, resituate, reimagine” — capture the mission and promise of today’s Law Commission. The work of recall should provide foundations to inspire and shape reimagined projects and potential."

LawBytes Podcast on State of Digital Law and Policy in Canada

In his most recent LawBytes podcast, University of Ottawa law professor Michael Geist takes a look at recent federal government digital policy initiatives:

"The Law Bytes podcast focuses intensively on Canadian legislative and digital policy developments and with another Parliamentary year in the books, this week’s episode takes a look back and take stock of where things stand. It features discussion on the implementation of the Internet streaming and news bills (C-11 and C-18) as well as an analysis of the current state of privacy, AI, online harms, and digital tax as found in Bills C-27, C-63, C-69, S-210 and C-27."