Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from October 16th to 31st, 2017 is now available on the Court website.

It is possible to subscribe via e-mail to receive the list.

Legislative Assembly of Ontario Website Survey

The Legislative Assembly of Ontario is planning on updating its website.

As part of the process, it will be collecting feedback on the usefulness of the current site.

Visitors are being invited to fill out a short survey now posted at the bottom of every page on http://www.ontla.on.ca/web/home.do?locale=en.

British Columbia Law Institute Blog Series on Financing Litigation

This is a follow up to the Library Boy post of February 8, 2016 entitled BC Law Institute Starts Project on Cost Effective Ways of Hiring Lawyers.

Earlier this month,  the British Columbia Law Institute published a Study Paper on Financing Litigation that looks at six financing models that have emerged both in Canada and internationally that litigants use to pay for litigation:

• Unbundled legal services
• Third-party litigation funding
• Alternative fee arrangements
• Crowdfunding
• Legal expense insurance
• Publicly funded litigation funds

The Institute has started a 6-part blog series on the topic. Each blog post will showcase one of the financing models. The first post is on Unbundled Legal Services.

Stop Worryjng About Artificial Intelligence: Librarian Job Numbers To Grow

The following article caught my attention recently on On Firmer Ground, a blog promoting the value of law firm librarians.

It is called Will a Robot Take My Job? Study Predicts Increased Demand for Lawyers and Librarians Through 2030:

"I am an optimist by nature and I have remained skeptical of  dark forecasts which predict the future based on one dominant trend  (AI comes to mind) while ignoring multiple factors that are likely to moderate or change an expected trajectory.  Imagine my surprise and delight to read about a  recent study on the future of work that predicted that both lawyers and librarians are two of the careers  which are expected to experience increased demand through 2030. The Future of Skills - Employment in 2030 was produced as the result of a collaboration by Pearson – the educational publisher, NESTA-  a global innovation foundation and the Oxford Martin School."

"The report even highlights the surprising inclusion that  librarians are listed in the high growth professions (...)"

Beyond the Stacks: New Series on Causes Supported by Canadian Librarians

Librarianship.ca has started a series called Beyond the Stacks about causes supported by members of Canada's library community.

The first profile is about Ottawa government librarian Rachel Samulack and her involvement with Roger Neilson House, a pediatric palliative care hospice built on grounds of the Children’s Hospital of Eastern Ontario in Canada's capital.

Statistics Canada Article on Court Outcomes of Police-Reported Sexual Assaults in Canada

The Statistics Canada publication Juristat has published an article entitled From arrest to conviction: Court outcomes of police-reported sexual assaults in Canada, 2009 to 2014.

From the summary:

"While conviction rates and severity of sentencing outcomes are often used as measures of criminal justice, neither take into account the potentially large volume of cases that never made it to court. For the first time, this Juristat measures the 'fall-out' of sexual assault cases in the Canadian criminal justice system in order to provide vital context for how sexual assaults are handled in the justice system. Using linked data from police services and criminal courts, this study presents new findings on the attrition rate of sexual assaults as well as court outcomes for those that make it to court. Attrition and conviction outcomes are also analyzed by characteristics of the sexual assault incident (e.g., location, weapon use, delay in reporting to police), the accused, the victim (e.g., age, sex, physical injury), and the relationship between them in order to provide more detail on how certain factors may be related to a higher likelihood of dropping out of the justice system. Findings are compared with physical assault outcomes where appropriate in order to provide an analytical reference point."

Among the highlights:

• Over a six‑year period between 2009 and 2014, sexual assault cases experienced attrition at all levels of the criminal justice system: an accused was identified in three in five (59%) sexual assault incidents reported by police; less than half (43%) of sexual assault incidents resulted in a charge being laid; of these, half (49%) proceeded to court; of which just over half (55%) led to a conviction; of which just over half (56%) were sentenced to custody^.
• Overall, one in five (21%) sexual assaults reported by police led to a completed court case within the six‑year reference period. This is compared with nearly double the proportion (39%) of physical assaults.
• About 1 in 10 (12%) sexual assaults reported by police led to a criminal conviction, and 7% resulted in a custody sentence. This is compared with 23% and 8%, respectively, for physical assaults.
• Three in five (60%) sexual assault charges recommended by police were changed to another offence type once in court; most were changed to other types of sexual offences, physical assault, or administration of justice‑related offences.
• When compared with physical assaults, sexual assaults were far more prone to dropping out of the justice system between police and court: while three‑quarters (75%) of physical assaults proceeded to court after being charged by police, only half (49%) of sexual assaults did.
• Of incidents retained in the justice system, sexual assaults were marginally less likely than physical assaults to result in conviction (55% versus 59%), but if convicted, were far more likely to result in a custody sentence (56% versus 36%). It may be suggested that the small proportion of sexual assaults that proceed to court are among the most serious in nature or have the greatest likelihood of conviction based on available evidence, which may explain why conviction rates are similar and sentencing outcomes are harsher when compared with physical assaults.

Alberta Law Reform Institute Paper on Property Division for Common-law Couples

The Alberta Law Reform Institute (ALRI) published a discussion paper in September 2017 on Property Division: Common Law Couples and Adult Interdependent Partners.

The ALRI is now seeking feedback on its preliminary recommendations, before it makes final recommendations to the government of Alberta:

"In recent decades, the number of common-law relationships has been growing faster than the number of marriages. In Alberta, however, there are no legislated rules for property division upon the breakdown of a common-law relationship. The Matrimonial Property Act applies only to married spouses. Property division for common-law partners is based on legal ownership and the law of unjust enrichment, which is judge-made law. When common-law partners separate, there are no presumptions or formulas about how they should divide property. If they cannot agree, they face litigation which can be time-consuming, expensive, and risky."

Canadian Federation of Library Associations Statement on Quebec's Anti Face-Covering Law

The Canadian Federation of Library Associations (CFLA) has issued a statement on Quebec's Bill 62 on "religious neutrality" (essentially an anti-niqab bill):

"The Canadian Federation of Library Associations / Fédération canadienne des associations de bibliothèques (CFLA-FCAB) maintains that diversity and inclusion is a core value of libraries and central to our country’s identity. Libraries have a responsibility to contribute to a culture that recognizes diversity and fosters social inclusion."

"Policy and regulation that restrict freedom of expression and belief conflict with the fundamental right of Canadians of access to information and resources, regardless of, race, religion or gender."

"CFLA-FCAB supports our Québec colleagues in ensuring that libraries remain open, inclusive and welcoming places for all."

More on the new law:

• Breaking down Bill 62: What you can and can't do while wearing a niqab in Quebec
• Quebec justice minister explains how ‘niqab ban’ would be applied after widespread criticism
• Bill 62 panders to anti-Muslim feelings outside Montreal: critics

Supreme Court of Canada Calendar of Upcoming November 2017 Hearings

The Supreme Court of Canada has published its calendar of appeal hearings that will be heard from October 30 to November 10, 2017.

To find out more about any particular case, click on the docket number in parentheses next to each case name to find docket information, case summaries as well as facta from the parties.

Law Library of Congress Report on Right to Counsel for Detained Migrants

The Law Library of Congress has published a report on the Right to Counsel for Detained Migrants:

"This report provides information on the laws of Australia, Canada, France, Germany, Israel, Sweden, and the United Kingdom regarding the right to counsel for detained migrants. All countries included in the study allow detained migrants to be assisted by a lawyer. In Canada and Israel the authorities are required to inform detained migrants about their right to legal representation, and in France, Germany, and Sweden the right to counsel is considered a constitutional principle. In most of the countries, it is up to the migrant or asylum seeker to hire counsel; the government does not have an obligation to provide legal services to a person who entered the country without a valid visa or is subject to deportation. The United Kingdom appears to be the only country where legal counsel is provided by the government’s legal aid agency free of charge to all migrants in detention. Financial assistance may be requested by those migrants who cannot afford a lawyer at their own expense in France. In some countries, the provision of government-paid legal assistance depends on the specific circumstances. In Sweden, the government has an obligation to provide legal assistance to minors, and to some other migrants because of their needs. In Germany, a legal representative may be appointed by the court if the court deems it necessary. No country was found where the law would prevent a migrant from receiving assistance from volunteer lawyers or legal aid organizations funded by other than national budget sources. The details of each country’s governing laws are provided below, in alphabetical order."

Primary Research Group Report on University Faculty Use of Library Assistance in Navigating Bibliometrics & Altmetrics Tools

New York-based Primary Research Group has just published a report called International Survey of Research University Faculty: Use of Library Assistance in Navigating Bibliometrics & Altmetrics Tools:

"This 76-page report presents data from a sample of 325 faculty from research universities in the USA, Canada, the UK, Ireland and Australia about their use of library resources in navigating bibliometrics and altmetrics tools. The study reports on the extent of use of library classes, videos, tutorials, brown bag lunch presentations and other sources of assistance to faculty on the growing use of bibliometric and altmetric tools. In addition, the study reports on the percentage of faculty seeking help of any kind in this area, their evaluation of the quality of the help offered, and their needs in this area currently and in the future. Data in the report is broken down by many useful criteria including age, gender, academic title, field of subject specialization, teaching load and other personal variables, as well as institutional variables such as world university ranking, public/private status, host country, and other institutional variables."

Print and PDF versions are available. Site licenses are also available.

Crown Copyright E-Petition Update

This is an update to the Library Boy post of May 31, 2017 entitled Petition to House of Commons to Fix Crown Copyright.

University of Alberta Copyright Librarian Amanda Wakaruk had circulated a petition asking the Government of Canada to make publicly available government works part of the public domain.

Wakaruk provided an update earlier this week on a government information listserv:

"The petition closed on September 23 with almost three times the number of signatories required for certification. It is also one of the few e-petitions to have signatories from all provinces and territories. The e-petition is scheduled for tabling in the House of Commons on Friday, October 20. The Government of Canada will then have 45 days to respond."

Wakaruk has more information on the topic on her Fix Crown Copyright website.

Upcoming Symposium Supreme Court of Canada: Looking to the Future

The Supreme Court of Canada, in conjunction with the National Judicial Institute, is hosting a symposium on Thursday, October 26 on the future of the court:

"Some 110 participants, including the Justices of the Supreme Court, chief justices and judges from several Canadian courts and other courts around the world, legal scholars, lawyers, government representatives and law students will attend the Symposium. The theme of the Symposium is the Supreme Court of Canada: Looking to the Future. An impressive selection of speakers will address four broad themes: Different Models of Supreme Court Judging; the Supreme Court, the Executive and Parliament; the Public Presence of the Supreme Court and the Role of the Media; and the Supreme Court of Canada of the Future: An Open Discussion. During the last segment, short videos will be presented by law students who won a national essay competition whose theme was 'SCC 2067 – the Supreme Court of Canada in Fifty Years’ Time'." [from the press release]

The event will be webcast live.

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from October1 to 15, 2017 is now available on the Court website.

It is possible to subscribe via e-mail to receive the list.

Three-Part Series on State of Law Library eBooks 2017-18

The website LLRX.com has published the first article in a three-part series on The State of Law Library eBooks 2017-18.

It is written by Ellyssa Kroski, Director of Information Technology at the New York Law Institute (NYLI) :

"This article will describe the current landscape of eBooks relevant to the law library field, the benefits and challenges of offering eBooks in law libraries, the different ways to purchase law-related eBooks, and how to get started choosing a solution. This is Part One of a three-part article series which will be followed closely by Part Two: Brass Tacks which will discuss the different pricing models that are available, how they work, their advantages, disadvantages, and a checklist of questions to ask before choosing an eBook solution for your law library. Part Three: What Law Libraries are Doing will delve into what we’ve chosen to do for our eBooks program at NYLI and how that has evolved over the past five years to a hybrid model, as well as what other law libraries have chosen as their solutions."

Canadian Association of Law Libraries Webinar on Platforms, Apps and Omnibots

The Canadian Association of Law Libraries (CALL) is hosting a webinar on October 26, 2017 called Platforms, Apps and Omnibots - Alternate Views on the Future of Legal Research . It starts at 1PM Eastern time:

"Can you imagine a future where a single sign-in will give you access to a range of tools to support different aspects of legal research? How about one where effective research requires multiple accounts from different service providers each of which offer a tailored solution. Or perhaps a future where you simply ask an artificially intelligent Alexa, Siri, Cortana or Google to find you some stuff that you can rely on? As you might have already observed, we are madly rushing in all three directions right now!"

The speaker is Colin Lachance, former CEO of CanLII (2011 - 2015), and past advisor to numerous legal tech startups.

Library Association Submissions on Canadian Copyright Board Reform

The Government of Canada has been holding consultations on the reform of the Copyright Board whose job it is to establish royalties for the use of copyrighted materials.

Today, the website Librarianship.ca posted summaries of the submissions from two library associations: the Canadian Federation of Library Associations and the Canadian Association of Research Libraries.

Call for Proposals for WILU 2018 Library Instruction Conference in Ottawa

WILU stands for Workshop for Instruction in Library Use and is an annual Canadian conference devoted to research and innovations in the area of information literacy and library instruction.

The University of Ottawa Library will be hosting the 2018 WILU conference next June.

The Call for proposals is open until November 13, 2017.

Proposals can be made for the following formats:

• Presentation (45-minute session)
• Workshop (120-minute session)
• Panel discussion (45-minute session)
• Lightning talk (7-minute session)
• Techno expo kiosk (similar to a poster session, but with computers and large screens to showcase innovative applications of instructional technology)

The WILU 2018 conference site has a history section that contains presentations from many earlier gatherings.

Statistics Canada Report on Sexual Assault

Statistics Canada has published a report entitled Police-reported sexual assaults in Canada, 2009 to 2014: A statistical profile:

"There were 117,238 sexual assaults reported by police in Canada from 2009 to 2014. The vast majority (98%) of sexual assaults reported by police were level 1 offences, which involve some or no physical injury to the victim. The remaining 2% were level 2 or 3 sexual assaults, which are more violent and involve bodily harm or endangering the life of the victim."

"Not all sexual assaults, however, are reported to police. Sexual assault is one of the most underreported crimes in Canada. According to the most recent General Social Survey (GSS) on Canadians' Safety (Victimization), which collects information on incidents whether or not they were reported to the police, about 1 in 20 sexual assaults were reported to the police in 2014."

Among the highlights of the report:

• Majority of sexual assault victims were young females
• Half of male sexual assault victims were boys aged 13 or younger
• Delay in reporting to police about 12 times longer for sexual assault than for physical assault
• Sexual assaults involving a child victim saw longest delays in reporting to police
• Accused charged in less than half of sexual assault incidents
• Most victims of sexual assault knew their assailant
• Just over half of child sexual assault victims were victimized by a family member

Law Commission of Ontario Class Actions Project

The Law Commission of Ontario (LCO) has launched a major class actions research project:

"The LCO’s class action project considers Ontario’s experience with class actions since the enactment of the Class Proceedings Act in 1993. The project has two main objectives:

• Survey the experience with class actions in Ontario, and
• Provide an independent and practical analysis of class actions from the perspective of their three objectives: access to justice, judicial economy, and deterrence.

The project will produce an independent, balanced, and authoritative report on class actions issues. The report may make recommendations for law reform where appropriate to do so."

Public consultations will begin later in 2017.

The last comprehensive review of class  proceedings in Ontario was in 1990.

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

The October 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.