English Law Commission Consultation on Misconduct in Public Office

Earlier this month, the English Law Commission released a consultation paper on Misconduct in Public Office.

According to the project description: 

Misconduct in public office is a common law offence: it is not defined in any statute. It carries a maximum sentence of life imprisonment. The offence requires that: a public officer acting as such; wilfully neglects to perform his or her duty and/or wilfully misconducts him or herself; to such a degree as to amount to an abuse of the public’s trust in the office holder; without reasonable excuse or justification.

The offence is widely considered to be ill-defined and has been subject to recent criticism by the Government, the Court of Appeal, the press and legal academics (...)

The problems identified in the existing law clearly show that it would be undesirable either to retain the existing offence or to attempt to codify it in statute. All the options in the Consultation Paper therefore assume that the common law offence of misconduct in public office is to be abolished.

The underlying issue tying together the problems with the current offence is that it is not clear what mischief the current offence targets and therefore what form the offence should take.

In our consultation paper we conclude that a reformed offence, or offences, could address one or both of the following wrongs: breach of duty leading to a risk of serious harm; and corrupt behaviour – the abuse of a position for personal advantage or to cause harm to another.

Appendix F includes information on the legal situation in a number of other jurisdictions, including Canada, Hong Kong, Australia, Scotland and a number of Caribbean states.

Statistics Canada Article on Youth Court statistics

Statistics Canada has published an article on Youth court statistics, 2014/2015 that shows that the number of completed cases in youth courts was the lowest since the numbers were first collected more than two decades ago.

The rate of youth charged by police has also declined over the last decade.

Among the highlights:

• Decreases in the number of completed youth court cases occurred in all provinces and territories, with the exception of Nova Scotia, which reported a 2% increase. Ontario, which reported the largest number of youth cases among the provinces and territories, had the largest absolute decrease in the number of cases (-3,340). This corresponds to 23% fewer completed youth cases in 2014/2015 compared to the previous year in Ontario. The Northwest Territories reported the largest percentage decline in the country, with a 40% decrease in the number of completed youth cases. Newfoundland and Labrador and Alberta reported the next largest decrease (-29% each) from the previous year
• Property offences had the largest absolute decline (-2,791), followed by violent offences (-2,140), and administration of justice offences (-816). Proportionally, property offences had the largest decline (-21%), followed by administration of justice offences (-19%) and violent offences (-18%)
• Five Criminal Code offence types made up 40% of all completed cases in youth court. These five offences were: theft (11%) common assault (8%), break and enter (8%), failure to comply with an order (7%), and mischief (6%) (Chart 2).These five offences have been the most frequent offence types in youth court cases for the past decade
• In 2014/2015, more than three-quarters of accused persons in youth court cases were male (77%) (Chart 3). The proportion of youth accused that are male has consistently ranged between 77 to 78% for the past fifteen years
• Generally, individuals accused of having committed an offence when aged 16 to 17 years old, regardless of sex, made up the largest proportion of accused in youth court in 2014/2015

Report on Inefficiencies and Ineffectiveness in the Canadian Criminal Justice System

The Ottawa-based Macdonald-Laurier Institute released a comprehensive review of Canada's criminal justice system earlier this week.

Entitled Justice on Trial: Inefficiencies and ineffectiveness in the Canadian criminal justice system, the report by Scott Newark looks how well the criminal justice system is performing in areas such as 
delays and length of trials:

"This paper recommends that the Criminal Code should be amended to create select hybrid offences with an option for a sentence of five years less one day, to reduce significantly the number of cases requiring preliminary inquiry. In addition, part XVIII.1 of the Criminal Code regarding mandatory case resolution procedures should be reviewed by the provinces to ensure it is practically achieving the intended result of expediting case processing and resolution."

"Finally, this paper makes a series of recommendations intended to deal with repeat offenders and administration of justice offences:

• Creation of the Criminal Code offence (s. 145) of breach of a condition of conditional release under the Corrections and Conditional Release Act (CCRA);
• authorize the Parole Board of Canada to order electronic monitoring of offenders on conditional release;
• amend the CCRA to restrict statutory release eligibility to first time federal offenders and require earned parole for repeat federal custody offenders; and
• amend the CCRA to expressly restrict parole for convicted non-citizens serving a federal sentence for the purpose of immediate removal from Canada."

The report is a companion piece to the the Institute's Report Card on the Criminal Justice System released last week.

Canadian Association of Law Libraries Webinar on Reducing Stress Through Play

The Canadian Association of Law Libraries (CALL) is organizing a webinar called Play to Reduce Stress and Increase Cognition on October 13, 2016 from 1 to 2:30PM Eastern:

"Law schools and law firms are stressful environments which can lead individuals to feel overwhelmed, anxious or depressed, potentially resulting in destructive behaviour.  Universities and professional legal associations have developed wellness and mental health programs to assist individuals develop coping mechanisms.  Librarians can supplement these programs by offering fun-filled, playful activities which will reduce stress in and increase the cognitive abilities of their patrons." 

"In recent years, researchers have extolled the emotional, psychological and physical benefits of adults partaking of childhood games.  Libraries are perfectly situated to provide students, lawyers and staff with opportunities to play.  Self-paced “take-a-break” games and activities, for example, allow individuals to spend a few minutes having fun and becoming re-energized.  Planned events can be useful in creating a positive social environment by bringing students, lawyers and staff together to have fun or engage in playful competition."

The speaker will be Kim Clarke, Head of the Bennett Jones Law Library and an Adjunct Professor of Law at the University of Calgary.

CALL/ACBD Member: $40 + $5.20 HST = $45.20
Non-member: $60 + $7.80 HST = $67.80
Student Rate: $25 + $3.25 HST = $28.25

Supreme Court of Canada Hearings Calendar for October 2016

The Supreme Court of Canada has published its calendar of appeal hearings for October 2016.

To find out more about any particular case, the Court's website has a section that allows users to find docket information, case summaries as well as facta from the parties. All you need to do is click on a case name.

Directory of Quebec Law Blogs

Édith Guilhermont, a legal scholar at the University of Sherbrooke in the province of Quebec, has created a directory of Quebec law-related blogs.

It lists blogs that deal with law applicable to Quebec an whose main audience is the Quebec legal community.

Guilhermont's recent research has been trying to answer the question of whether law-related blogs can be included in the category of "doctrinal literature" (scholarly commentary) alongside traditional formats such as treatises, seminar/conference papers, theses, etc.

Two New Canadian Association of Law Libraries Awards

The Canadian Association of Law Libraries announced at its 2016 annual conference in Vancouver that Thomson Reuters is funding  two new prizes launched in memory of members the Association lost in 2015.

The Gisele Laprise Prize will recognize an outstanding contribution to the understanding of civil and common law systems in Canada and the Michael Silverstein Prize will recognize an outstanding contribution to the understanding of primary law and legal taxonomy.

Applications/nominations for both of these awards will open in early December 2016 and close in February 2017.  

The winners will be announced at the annual conference in Ottawa (May 2017). 

September 2016 Issue of Governance and Recordkeeping Around the World

The Governance and Recordkeeping Around the World newsletter, published by Library and Archives Canada (LAC), highlights issues pertaining to government and recordkeeping practices in the public and private sectors around the world.

The September 2016 issue has just been published.

It includes:

• news items from Canada and around the world 
• announcements of upcoming Canadian and international events (meetings, conferences, seminars) 
• project and product news in areas such as digitization, archives, open source, e-government, access to information and Web 2.0 
• listings of papers and readings (white papers, presentations, reports)

Canadian Bar Association Legal Futures Round-Up: September 19, 2016

CBA National, the magazine of the Canadian Bar Association, publishes a regular feature entitled Legal Futures roundup that tracks "noteworthy developments, opinions and news in the legal futures space as a means of furthering discussion about our changing legal marketplace."

The most recent instalment includes items on, among other things, legislative reform of the legal services industry in England and Wales, Norton Rose’s acquisition of Bull Housser in Vancouver, whether lawyers ought to have a monopoly on delivering legal services, access to justice in rural communities, Justice Robin Camp’s disciplinary hearing in front of the Canadian Judicial Council over remarks he made during a sexual assault trial in Alberta, a survey about legal services outsourcing, the Investor-State Dispute Settlement (ISDS) clauses of the Trans Pacific Partnership, and more.

Fall Lineup at the Supreme Court of Canada

Earlier this week, the Toronto Star published a preview of some of the big cases to be heard this fall at the Supreme Court of Canada:

"Can a Canadian court curb Google search results worldwide if they advertise a Canadian company’s counterfeiting competitor? Does Facebook violate your privacy rights when it uses your name and photo in ads to endorse products after you 'liked' a website? What’s the proper test to release a convicted murderer on bail while he appeals a conviction?"

"They’re just some of the big questions among 29 appeals facing a short-handed Supreme Court of Canada as it starts a busy fall session next month."

The Court website has more details in its Scheduled Hearings section. Click on the name of any upcoming case to access docket information, a summary of the legal issues involved as well as copies of the facta submitted by the parties.

Most Recent Issue of Canadian Law Library Review Available Online

The most recent issue of the Canadian Law Library Review (CLLR) is now available online on the Issuu publishing platform.

The feature articles are:

• E-Books in Canadian Law Libraries 
• Coping With Budget Cuts: How Canadian Libraries Compare With Other Countries

The CLLR is the journal of the Canadian Association of Law Libraries.

More on New Lbrarian of Congress Carla Hayden

This is a follow-up to yesterday's post entitled Carla Hayden Sworn In as 14th Librarian of Congress.

Carla Hayden, the former chief executive of the Enoch Pratt Free Library system in Baltimore and a former president of the American Library Association, was sworn in as the 14th Librarian of Congress during a ceremony in Washington, D.C. yesterday.

Hayden is the first woman and the first African-American to serve as Librarian of Congress.

Here is some of the background and news coverage relating to her appointment:

The Library of Congress Gets a History-Making New Leader (The Atlantic, July 13, 2016): "Hayden will be the first Librarian of Congress appointed during the internet age— and the first librarian who seems to understand its power. Hayden is credited with modernizing the Enoch Pratt Free Library, Baltimore’s 22-branch city library system. (She also successfully kept the library open throughout the Freddie Gray protests last year.) As president of the American Library Association in 2003 and 2004, she frequently and publicly criticized Section 215 of the USA Patriot Act, which allowed federal law enforcement to access public-library borrowing records. Hayden has sat on the National Museum and Library Services Board since 2010. She holds a doctorate degree in library sciences from the University of Chicago. Though these may sound like job requirements, Hayden is the first professional librarian to run the Library in more than 60 years."
New librarian of Congress Carla Hayden taking over organization in turmoil (Baltimore Sun, September 14, 2016): "The Library of Congress is an organization in turmoil. The world's largest and most prestigious library has seen its reputation suffer after a withering report was released in March 2015 by the U.S. Government Accountability Office (...) The report painted a picture of an institution in danger of losing touch with the public because it hasn't kept pace with modern methods of creating, sharing and preserving information. For instance, a huge backlog of materials moldering in warehouses has yet even to be cataloged — let alone digitized (...) Hayden's supporters say she has the backbone, political savvy and grit to pull off even a turn-around this daunting. This is the woman who assumed the top job at the Pratt in 1993 when the library's reputation was in a decline so steep many feared it wouldn't recover and restored it to a position of national prominence. There's a reason, they say, that this year Fortune magazine ranked Hayden 25th among the world's 50 greatest leaders."
Carla Hayden breaks new ground as 14th librarian of Congress (AP, September 14, 2016): "Hayden was sworn in Wednesday by Supreme Court Chief Justice John Roberts, with her hand on Abraham Lincoln's Bible. It's part of the library's collection and was used by Obama at his inauguration. 'As a descendant of people who were denied the right to read, to now have the opportunity to serve and lead the institution that is the national symbol of knowledge, is a historic moment,' Hayden said to applause from a crowd that included numerous members of Congress and actor and literacy advocate LeVar Burton, the longtime host of 'Reading Rainbow'."
‘Rock star’ Baltimore librarian makes history at Library of Congress (Washington Post, September 14, 2016): "The usually quiet atrium of the Enoch Pratt Free Library came alive with laughter and cheers last month as hundreds gathered to say goodbye to a Baltimore official known to many as “Doc.” It was an astonishing display of affection for the Pratt’s departing leader, Carla D. Hayden, who is being sworn in Wednesday as the new head of the Library of Congress. Many dismiss urban libraries as outdated and irrelevant, yet Baltimore residents and civic leaders were celebrating the Pratt and Hayden, who captained its resurgence."
‘10 Questions With Librarian of Congress Carla Hayden (Time Magazine, September 26, 2016 issue): "What’s significant about your new appointment? Being the first female and the first African American means that the legacy of the 14 Librarians of Congress will include diversity–and also a female in a female-dominated profession."

Carla Hayden Sworn In as 14th Librarian of Congress

Earlier today, Carla Hayden, the former chief executive of the Enoch Pratt Free Library system in Baltimore and a former president of the American Library Association, was sworn in as the 14th Librarian of Congress during a ceremony in Washington, D.C.


Hayden is the first woman and the first African-American to serve as Librarian of Congress.


The entire ceremony was broadcast live on YouTube and has been archived.


The Law Librarian of Congress, part of the Library of Congress, is the world's largest law library.

Spreadsheet of Library Strategic Plans From Across Canada

Patricia Presti from Infotrova Research Services Canada has created a spreadsheet listing more than 100 strategic plans from all kinds of libraries across Canada.

The list includes link to plans developed by public, academic and special libraries.

[Source: Stephen's Lighthouse]

Research Libraries Statement on Fair Dealing and Copyright

Last week, the Canadian Association of Research Libraries issued a statement that declares that the Copyright Act’s fair dealing provision is being applied by Canadian university libraries in a responsible and informed manner:

"Over the past twelve years, the Supreme Court of Canada has written extensively on the appropriate use of the fair dealing exception under the Copyright Act, championing a 'large and liberal' interpretation. This balanced approach to copyright has been welcomed across the higher learning environment, and the Copyright Act’s fair dealing provision is being applied by Canadian university libraries in a responsible and informed manner."

"The 31 member libraries of the Canadian Association of Research Libraries (CARL) spent $293 million on information resources in 2014-15, demonstrating a clear commitment to accessing print and digital content legally and rewarding content owners accordingly."

Association of Research Libraries Releases Collection Assessment Survey Results

The Association of Research Libraries (ARL) recently released a "SPEC Kit" on collection assessment.

Since the early 1970s, ARL has used the SPEC survey program to bring research libraries up-to-date information on library policies and procedures from member libraries in Canada and the USA.

The collection assessment SPEC kit:

"(...) explores which collection assessment methods, measures, and practices ARL member libraries currently employ. This study gathered information on which library staff collect and analyze data, for what purposes the results are used, with whom data is shared, how well assessment questions are answered. The survey also investigated whether the available methods, data, and tools are aligned with the purposes for assessing collections."

"This SPEC Kit includes examples of job descriptions of library staff who are responsible for collection assessment, data collection and analysis policies and procedures, and examples of how collection data is used and shared with a range of constituents."

September 2016 Issue of In Session: Canadian Association of Law Libraries' e-Newsletter

The September 2016 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.