Thursday, July 20, 2017

Australian Law Reform Commission Discussion Paper on Incarceration Rates of Aboriginal and Torres Strait Islander Peoples

The Australian Law Reform Commission has published a discussion paper on Incarceration Rates of Aboriginal and Torres Strait Islander Peoples.


From the Terms of Reference:
"It is acknowledged that while laws and legal frameworks are an important factor contributing to over‑representation, there are many other social, economic, and historic factors that also contribute. It is also acknowledged that while the rate of imprisonment of Aboriginal and Torres Strait Islander peoples, and their contact with the criminal justice system - both as offenders and as victims - significantly exceeds that of non‑Indigenous Australians, the majority of Aboriginal and Torres Strait Islander people never commit criminal offences.

Scope of the reference

  1. In developing its law reform recommendations, the Australian Law Reform Commission (ALRC) should have regard to:
    1. Laws and legal frameworks including legal institutions and law enforcement (police, courts, legal assistance services and prisons), that contribute to the incarceration rate of Aboriginal and Torres Strait Islander peoples and inform decisions to hold or keep Aboriginal and Torres Strait Islander peoples in custody, specifically in relation to:
      1. the nature of offences resulting in incarceration,
      2. cautioning,
      3. protective custody,
      4. arrest,
      5. remand and bail,
      6. diversion,
      7. sentencing, including mandatory sentencing, and
      8. parole, parole conditions and community reintegration.
    2. Factors that decision-makers take into account when considering (1)(a)(i-viii), including:
      1. community safety,
      2. availability of alternatives to incarceration,
      3. the degree of discretion available to decision-makers,
      4. incarceration as a last resort, and
      5. incarceration as a deterrent and as a punishment.
    3. Laws that may contribute to the rate of Aboriginal and Torres Strait Islander peoples offending and including, for example, laws that regulate the availability of alcohol, driving offences and unpaid fines.
    4. Aboriginal and Torres Strait Islander women and their rate of incarceration.
    5. Differences in the application of laws across states and territories.
    6. Other access to justice issues including the remoteness of communities, the availability of and access to legal assistance and Aboriginal and Torres Strait Islander language and sign interpreters."

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posted by Michel-Adrien at 6:03 pm 0 comments links to this post

Wednesday, July 19, 2017

Closer Look at the British Columbia Law Institute Report on Complex Stratas

The British Columbia Law Institute (BCLI) released a Report on Complex Stratas in June 2017.

In British Columbia, a strata corporation is a legal entity with all of the powers of a natural person who has full capacity. This means that it can sue or be sued, enter into contracts and hire employees. There are residential strata corporations, commercial strata corporations.snd other categories.


"This report is the second published in BCLI’s Strata Property Law Project—Phase Two. BCLI’s work on strata-property law reaches back to phase one of this project, which concluded in 2012 with recommendations to examine the following seven areas: (1) fundamental changes to a strata; (2) complex stratas; (3) selected governance issues; (4) common property; (5) selected land-title issues; (6) selected insurance issues; (7) leasehold stratas."

"Complex stratas is not a term found in the Strata Property Act. It’s an expression used to describe trends in the real-estate sector. Strata-property legislation was developed in the 1960s as a means to promote high-density residential housing. But the legislation has never restricted strata properties to just this form. Architecturally varied and mixed-use stratas began to spring up in the 1970s. At that time, the legislation gained three tools to manage the legal issues that arose in the wake of increasingly complex stratas: sections, types, and phases. This report marks the first comprehensive review of these three tools in a generation."

"The report contains 68 recommendations for reform. The recommendations propose clarifying the procedures for creating and cancelling sections, spelling out section powers and duties, strengthening section governance, budgets, and finances, clarifying the procedures for creating and cancelling types and fine-tuning the operation of types, enhancing the oversight of the phasing process."
In a series of posts, the BCLI blog has been "taking a closer look at three key recommendations in the report":

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posted by Michel-Adrien at 5:12 pm 0 comments links to this post

Tuesday, July 18, 2017

Canadian Federation of Library Associations Appoints Executive Director

The Canadian Federation of Library Associations (CFLA-FCAB) has apopointed Katherine McColgan as Executive Director commencing August 8, 2017:
"Based in Ottawa and fluently bilingual, Katherine will directly engage with federal government representatives to raise the profile of key issues and ensure that the voice of the Canadian library community is represented in policy decisions. CFLA-FCAB will continue to press the federal government for action on issues including support for Indigenous languages and cultures, digitization of and access to Canadian cultural content, and recognition of libraries as cultural institutions."
The Federation replaced the old Canadian Library Association with a new structure based on an association of national, regional and sectoral library associations.

Earlier Library Boy posts on the topic include:

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posted by Michel-Adrien at 8:49 pm 0 comments links to this post

Monday, July 17, 2017

Law Library of Congress Guide to Parliamentary Information Online

The Law Library of Congress has published a report on Features of Parliamentary Websites for some 50 different countries.


"In recent years, parliaments around the world have enhanced their websites in order to improve access to legislative information and other parliamentary resources. Innovative features allow constituents and researchers to locate and utilize detailed information on laws and lawmaking in various ways. These include tracking tools and alerts, apps, the use of open data technology, and different search functions. In order to demonstrate some of the developments in this area, staff from the Global Legal Research Directorate of the Law Library of Congress surveyed the official parliamentary websites of fifty countries from all regions of the world, plus the website of the European Parliament. In some cases, information on more than one website is provided where separate sites have been established for different chambers of the national parliament, bringing the total number of individual websites surveyed to seventy. "

(...)

"All of the parliamentary websites included in the survey have at least basic browse tools that allow users to view legislation in a list format, and that may allow for viewing in, for example, date or title order. All of the substantive websites also enable searching, often providing a general search box for the whole site at the top of each page as well as more advanced search options for different types of documents. Some sites provide various facets that can be used to further narrow searches."

"Around thirty-nine of the individual websites surveyed provide users with some form of tracking or alert function to receive updates on certain documents (including proposed legislation), parliamentary news, committee activities, or other aspects of the website. This includes the ability to subscribe to different RSS feeds and/or email alerts."

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posted by Michel-Adrien at 5:13 pm 0 comments links to this post

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from July 1-15, 2017 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 5:07 pm 0 comments links to this post

Thursday, July 13, 2017

Primary Research Group Report on Use of Law School & Other Digital Repositories

New York-based Primary Research Group has just published a report called Survey of Law School Faculty: Use of Law School & Other Digital Repositories:
"The study defines how faculty use law school and other digital repositories, answering with hard data questions such as: what percentage of law school faculty have deposited a journal article into a repository? A book? Newspaper and magazine articles? Blog posts? Videos of classroom lectures? Other forms of intellectual property?  How do faculty use repositories in research and teaching? Do they use the repositories of law schools other than their own? General university repositories?"

"The study also gives detailed information on how faculty assess their law school and other repositories, including assessments of how well the repositories are marketed, how well they help faculty with obtaining permissions, how well they report usage data and other repository services to faculty."
Among the respondent were professors from the University of Alberta Law School.

Print and PDF versions are available for $139(US). Site licenses are also available.

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posted by Michel-Adrien at 6:07 pm 0 comments links to this post

Wednesday, July 12, 2017

Interview With Law Library of Congress Junior Fellow Dasha Kolyaskina

In Custodia Legis, the blog of the Law Library of Congress in Washington, has been running an interview series featuring members of the library staff. The series started in late October 2010.

The most recent interview is with Dasha Kolyaskina, Junior Fellow:

How would you describe your job to other people?
I’m working with the Hispanic Legal Documents Collection that the Law Library acquired in 1941. The collection is an assortment of law related texts from Spanish-speaking countries from the 15th to 19th centuries. In total, there are 96 boxes of unbound legal manuscripts that include criminal suits, customs documents, public notices and official correspondences, among other subject areas. There aren’t many common threads between the documents, but there are clusters of documents from Argentina, Bolivia, Mexico, Peru, and Spain.

My work this summer has been to collect data points for each document in the collection–such as jurisdiction, time period, names of parties to proceedings and others–in order to create a finding aid for the collection, which would make it more accessible.

What is the most interesting fact you’ve learned about the Law Library?
I had no idea that the Law Library’s collections were so focused on jurisdictions outside the United States. More than half of the collection items are in languages other than English. The collections for foreign jurisdictions here are sometimes more complete than any collection in the countries that the documents come from, so the Library is able to serve as a reference to those governments.
The Law Library of Congress is the world’s largest law library, with a collection from all ages of history and virtually every jurisdiction in the world.

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posted by Michel-Adrien at 5:39 pm 0 comments links to this post

Tuesday, July 11, 2017

Statistics Canada Article on Self-Reported Sexual Assault in Canada

The Statistics Canada publication Juristat today published an article on Self-reported sexual assault in Canada, 2014.


It uses self-reported data from the 2014 General Social Survey on Canadians' Safety (Victimization) to present information on sexual assault in Canada, including sexual attacks, unwanted sexual touching and sexual activity where the victim was unable to consent. This article examines the characteristics of sexual assault victims and their perceptions of safety, and the characteristics of sexual assault offenders and incidents. The emotional and physical consequences of sexual assault, in addition to reporting sexual assault to the police and the reasons for not reporting, are also discussed.

Among the highlights:
  • there were 22 incidents of sexual assault for every 1,000 Canadians aged 15 and older in 2014. This represented approximately 636,000 self-reported incidents of sexual assault.
  • the rate of self-reported sexual assault in 2014 remained unchanged from 2004.
  • a higher risk of sexual assault was noted among those who were women, young, Aboriginal, single, and homosexual or bisexual, and those who had poorer mental health.
  • among the three types of sexual assault measured, seven in ten self-reported incidents were unwanted sexual touching, two in ten were sexual attacks and one in ten was sexual activity where the victim was unable to consent.
  • overall, sexual assault offenders were most often men, acting alone and under the age of 35. Just over half of victims knew the person who sexually assaulted them.
  • most often, offenders were a friend, acquaintance or neighbour, then a stranger. Of all sexual assault incidents perpetrated by someone other than a spouse, one in twenty was reported to the police, compared to one in three incidents of other types of crime measured by the General Social Survey on Victimization.
  • most commonly, sexual assault victims reported feeling angry, or upset, confused or frustrated after the incident. One in four victims reported that they had difficulty carrying out everyday activities because of the incident. Further, one in six victims reported experiencing three or more longer-term emotional consequences, indicating the possibility of post-traumatic stress disorder.

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posted by Michel-Adrien at 3:43 pm 0 comments links to this post

Monday, July 10, 2017

List of Fastcase 50 Legal Innovators for 2017

Fastcase, an American-based provider of electronic versions of U.S. primary law (cases, statutes, regulations, court rules, and constitutions), has unveiled its list of Fastcase 50 winners for the year 2017.

"Created in 2011, each year the Fastcase 50 award honors a diverse group of lawyers, legal technologists, policymakers, judges, law librarians, bar association executives, and people from all walks of life. In many cases, honorees are well known, but in many others, the award recognizes people who have made important, but unheralded contributions."
There are a number of Canadians in the list:
  • Rian Gauvreau, Co-Founder and COO, Clio
  •  Monica Goyal, Founder, My Legal Briefcase and Aluvion Law; Adjunct Professor of Law, Osgoode Hall Law School
  •  Thomas G. Martin, Founder, LawDroid; Co-Founder, Vancouver Legal Hacker 
Simon Fodder, the founder of Slaw.ca, Canada's preeminent online legal magazine, was recognized as one of the Fastcase 50 in 2014.

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Thursday, July 06, 2017

Podcast Interviews With Finalists for 2017 Harper Lee Prize for Legal Fiction

This is a follow-up to the Library Boy post of May 13, 2017 entitled Vote for the 2017 Harper Lee Prize for Legal Fiction.

The ABA Journal awards the Harper Lee Prize for Legal Fiction every year to recognize a work of fiction that best exemplifies the role of lawyers in society.

In the most recent episode of the podcast Modern Law Library, the three finalists for this year's prize are interviewed.

They are:

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posted by Michel-Adrien at 3:23 pm 0 comments links to this post

Tuesday, July 04, 2017

July 2017 Issue of In Session - E-Newsletter of Canadian Association of Law Libraries

The July 2017 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 12:03 pm 0 comments links to this post

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from June 16th to 30th, 2017 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 11:58 am 0 comments links to this post