Supreme Court of Canada Calendar of Hearings for June 2020

The Supreme Court of Canada has published its calendar of upcoming appeals that will be heard in June:

"The Supreme Court of Canada announced today the list of appeals that will be heard by video-conference from June 8 to June 19, 2020. In light of COVID-19, the Supreme Court of Canada Building is closed to visitors, and the Justices and counsel will participate in the hearings remotely. Zoom has been selected as the platform for the hearings. The hearings will be livestreamed on the Court’s website. A limited number of places will be available for members of the public and the media to attend the virtual hearings as observers. Details will follow next week."

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.

Most Recent Issue of Canadian Law Library Review

The most recent issue of the Canadian Law Library Review (CLLR) is available online.

The CLLR is the official journal of the Canadian Association of Law Libraries (CALL). It is an open access publication.

It is available on the ISSUU platform and in PDF format on the CALL website.

Library Consulting Firm Aaron Cohen Associates on Re-Opening the Library

U.S. library consulting firm Aaron Cohen Associates recently published a text on its website on ReOpening the Library: Guidelines to Consider.

It has a number of good ideas for starting to think about to fit library users into their 2-metre little bubbles when institutions re-open:

"Here are ideas on how to approach learning space occupancy and how you can start applying them. We included some strategies to develop a basic up-to-date, fact-based library plan framework. You can use this information to update your library services. And at corporations, colleges or Universities, these guidelines can be used to define collaboration and provide individual work environments."

It also includes a link to a white paper from Steelcase Education for classroom and collaborative spaces.

13 Questions With Lauren Buchanan, Australian Metadata Librarian

The librarianship.ca website has been running a series of librarian profiles called 13 Questions With...

To mark Library and Information Week in Australia, the site is profiling colleagues from down under.

The first profile is that of Lauren Buchanan, Senior Metadata Librarian, University of South Australia:

Career advice – what’s your top tip?
"Be open, flexible, and adaptable. Sometimes a job might look perfect and amazing on paper but the reality of it is a living nightmare. If a work situation is probably not going to improve because of the personalities or the structures involved, regroup, look around, and see what else is out there! Talk to your trusted colleagues and friends to see if there might be other roles on the horizon that might be interesting and go for it! Be prepared to adapt yourself to roles that you didn’t think would suit you – you might surprise yourself. Get used to managing up with tact and diplomacy where possible. At the same time, try not to burn any bridges with former bosses or colleagues."

May 2020 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 May 2020 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 etc.
• listings of papers and readings (white papers, presentations, reports)

Crowdsourcing the Safe Return of ILL Physical Items

OCLC, an international non-profit library co-operative that operates an inter-library loan platform, is asking librarians to help crowdsource the safe return of ILL physical items.

From an e-mail message to libraries:

"Interlibrary loan is the embodiment of sharing on a global scale. When COVID-19 hit, nearly 400,000 physical items were on loan to 5,674 libraries via the WorldShare ILL network."

"As these libraries begin to reopen, ILL professionals need to know if, and when, to send items back to their home library. If items are mailed to libraries that are not open and able to receive them, there is a high probability they will be lost or damaged, or libraries will incur additional fees because items are undeliverable."

"Help crowdsource the safe return of ILL physical items. At the request of the ILL community, and to support this urgent need, we are providing an easy way for you to signal when it is safe to mail physical items back to your library.

1. Please add your library to the crowdsourced list: oc.lc/mailform
2. Update your library’s status over time by following the instructions you will receive in your confirmation email
3. View the status of all libraries: oc.lc/mailstatus"

Library Journal's Movers and Shakers 2020

Library Journal recently released its 2020 list of Library Movers and Shakers.

It is an annual snapshot of the transformative work being done by those in libraries of all types and sizes and across the field.

Winners were chosen in the following categories:

• Change agents
• Innovators
• Advocates
• Educators
• Digital developers
• Community builders

The publication provides a map of all the Movers and Shakers from 2002 to today. Over the years, quite a few Canadians have been added to the list.

Global Library Plans for Reopening After COVID-19

The International Federation of Library Associations and Institutions (IFLA) has created a webpage devoted to COVID-19 and the Global Library Field.

One of the sections is about the reopening of libraries:

"Most examples so far focus on a phased approach, with new services, activities and parts of the library only resumed when this can happen safely, with some associating the shift from one phase to the next to wider progress in tackling the pandemic, while others are more cautious in setting dates. As the Australian Library and Information Association has set out (see below), a useful approach is to start by assessing risk, then developing plans, and only then setting timings for resuming different services. It may also be the case, of course, that partner organisations are not yet open, which will also have an impact."

"Broadly, the library field has warned against any rush to re-open physical buildings. Furthermore, given uncertainty about how the situation will develop, it is possible that stricter rules will need to be implemented subsequently, and so the possibility of returning to lock-down should be borne in mind (indeed, West Virginia recommends continuing to work from home one day a week so that the habit is not lost). At the end of this section, you will find a selection of plans already established."

The page is divided into other sections on topics such as:

• Understanding COVID-19 and its spread
• Library closures around the world
• Managing different approaches to restrictions
• Staying safe at home and work
• Providing services remotely
• Managing remote working
• Reassigning library resources

Law Library of Congress Interview With Metadata Intern Tori Stanek

In Custodia Legis, the blog of the Law Library of Congress in Washington, D.C., has posted an interview with Tori Stanek, Remote Metadata Intern. It is part of an ongoing series of interviews:

"How would you describe your job to other people?
As an intern for the Law Library of Congress, I create and edit indices for newly digitized historical and legal materials. I append appropriate keywords to document records and derive my own search terms to ensure users can both collocate and differentiate among documents. A big part of my job is ensuring that there is consistency between indexing depth, vocabulary, and formatting. While I’ve worked with a number of document types, I was particularly excited to help provide access to a special volume of the United States Statutes at Large collection that contained Native American treaties (...)"

"Why did you want to work in the Library of Congress?
My incredible graduate cataloging course made me appreciate the ethical responsibilities of accurate document representation. I had enough of a background in law to know this was an area of interest for me, and I applied for an internship because it provided a way for me to promote equity at the access point of information. I firmly believe that one can make a difference through provision of legal information, and this internship was my jumping off point."

The Law Library of Congress is the world’s largest law library, with a collection of almost 3 million volumes from all ages of history and virtually every jurisdiction in the world.

Survey Results - U.S. Academic Law Libraries COVID-19 Response

NELLCO, a law library consortium based in the North East United States, has published results from a survey it recently conducted concerning the response of academic law libraries to the COVID-19 pandemic:

"The 23-item survey asked libraries about the implications of the COVID-19 pandemic on their library and staff and what ideas are being considered as they plan to reopen. While the survey was developed and analyzed by NELLCO, NELLCO membership was not a requirement for survey participation or receipt of the results."

"The invitation asked that the survey only be completed once per library. A total of 122 academic law libraries (61%) answered at least one question on the survey. Of the 122 participants who started the survey, 100 (82%) completed the survey."

The results are broken down into six sections:

• Survey Overview and Demographics
• Summer and Fall Course Format and Support
• Financial Implications
• Collections and Services
• Health and Safety Enhancements
• Reopening Plans

Launch of Action Committee on Court Operations in Response to COVID-19

Richard Wagner, Canada’s Chief Justice, and federal Justice Minister David Lametti will co-chair a new Action Committee on Court Operations in Response to COVID-19.

It met for the first last week via videoconference.

Its role will be to provide advice on how to gradually restore operations of courts throughout Canada:

"The Action Committee will provide national leadership to support the work of provincial and territorial governments, individual courts, and court administrators in progressively restoring the full operation of Canada’s courts while ensuring the safety of court users and staff."

"The Action Committee will consider health and safety information provided by the Public Health Agency of Canada, Canada’s First Ministers, and other public health authorities in light of the unique context of courts. The Action Committee’s collaborative work includes senior-level participation by federal and provincial governments and the judiciary, and focuses on developing court-specific health and safety guidelines that can be adapted to the needs of individual courts and communities."

"As Canadians and their communities emerge from the present crisis and adapt to new realities introduced by COVID-19, the courts will be crucial to a broader national recovery. By providing provincial, territorial, and judicial decision-makers with the best possible health and safety information, the Action Committee will support them in ensuring the safety and wellbeing of court users, while advancing Canadians’ common interest in a safe and accessible justice system."

LawBytes Podcast on the York University v. Access Copyright Ruling

This is a follow-up to the Library Boy post of April 24, 2020 entitled Federal Court of Appeal Decides Access Copyright Tariffs Not Mandatory.

Episode 50 of the LawBytes Podcast hosted by University of Ottawa law professor Michael Geist is about the recent York University v. Access Copyright Ruling. The guest is University of Toronto law professor Ariel Katz:

"The Federal Court of Appeal delivered its long-awaited copyright ruling in the York University v. Access Copyright case last month. This latest decision effectively confirms that educational institutions can opt-out of the Access Copyright licence since it is not mandatory and that any claims of infringement will be left to copyright owners to address, not Access Copyright. The decision is a big win for York University and the education community though they were not left completely happy with the outcome given the court’s fair dealing analysis."

"The decision also represents a major validation for University of Toronto law professor Ariel Katz, whose research and publications, which made the convincing case that a ‘mandatory tariff’ lacks any basis in law, was directly acknowledged by the court and played a huge role in its analysis. Professor Katz joins me on the podcast this week to talk about the case, the role of collective licensing in copyright law, and what might come next for a case that may force Access Copyright to rethink the value proposition of its licence."

Alberta Law Reform Institute Final Report on Adverse Possession

The Alberta Law Reform Institute (ALRI) recently published its final report on Adverse Possession and Lasting Improvements to Wrong Land.

Adverse possession  refers to a situation where someone who has occupied a strip of another private owner's land for at least 10 years, in the case of Alberta, can potentially claim ownership of that land. This can lead to loss of land for the registered owner. Alberta is one of the last places in Canada where adverse possession still exists.

The ALRI report recommends that the provincial government abolish the law of adverse possession.

In the case of claims of lasting improvements made to property by occupiers who mistakenly believed they rightfully owned it, the report suggests that allowing the occupier to retain the land while compensating the legal owner might be the best remedy.

The Appendix includes a "Cross-Jurisdictional Comparison of Adverse Possession in Canada".

May/June 2020 Issue of AALL Spectrum

The May/June 2020 issue of AALL Spectrum is now available online.

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

Among the feature articles:

• Artificial Intelligence & Implicit Bias: With Great Power Comes Great Responsibility 
• Pitching for Home Runs Victory at AALL's Innovation Tournament
• A Closer Look at the Caselaw Access Project 

LawBytes Podcast on Copyright and Fair Dealing During a Pandemic

Episode 48 of the LawBytes Podcast hosted by University of Ottawa law professor Michael Geist is about Copyright and Fair Dealing During a Pandemic.

It features Sam Trosow and Lisa Macklem of Western University:

"Fair dealing – the Canadian version of fair use – has been recognized by the Supreme Court of Canada as a users’ right. The need for a large and liberal interpretation to the right is a cornerstone of Canadian copyright law. With millions of Canadian students at home due to the Coronavirus pandemic, the importance of fair dealing has grown as teachers seek to provide access to teaching materials and ensure they remain compliant with the law. Sam Trosow and Lisa Macklem of Western University recently published a detailed analysis on fair dealing and emergency remote teaching in Canada. They joined me on the podcast to discuss fair dealing, its application during the current pandemic, and recent developments involving reading aloud programs as well as the Federal Court of Appeal decision in York University v. Access Copyright."

May 20 Webcast With Chief Justice of Canada on Modernizing the Courts

The Canadian Institute for the Administration of Justice is hosting a webinar on May 20, 2020 entitled Will COVID-19 Be the Catalyst We Were Waiting for to Modernize the Courts?

The featured speakers will be:

• The Right Honourable Richard Wagner, P.C., Chief Justice of Canada
• Professor Richard Susskind, OBE, author of Online Courts and the Future of Justice, speaker and adviser

As the overview explains:

"In his latest book, Online Courts and the Future of Justice, Professor Richard Susskind, one of the world’s most-cited authors on the future of legal services, writes about how online courts are destined to transform litigation. Our distinguished guests will debate whether technology can transform the legal system and offer better access to justice."

International Statement on Duty to Document During COVID-19 Pandemic

The International Council on Archives (ICA) and other information management organizations recently released a statement on the importance and need for governments, businesses, and research institutions to document their decisions and transactions during the COVID-19 pandemic:

"This is the most recent statement developed by ICA and the International Conference of Information Commissioners, supported by ARMA International, CODATA, Digital Preservation Coalition, Research Data Alliance, UNESCO Memory of the World and World Data System."

"The statement is built on three principles: Decisions must be documented, records and data should be secured and preserved in all sectors, and the security, preservation, and access to digital content should be facilitated during the shutdown."

"We hope the archives, records, data and allied communities will support the statement and join us in underscoring the importance of the duty to document, now and for the future."

Publications Nominated for the 2020 Hugh Lawford Award for Excellence in Legal Publishing

Every year, the Canadian Association of Law Libraries (CALL) hands out the Hugh Lawford Award for Excellence in Legal Publishing.

It honours a publisher that has demonstrated excellence by publishing a work, series, website or e-product that makes a significant contribution to legal research and scholarship.

The nominees this year are:

• Blue J Legal for Employment Foresight, a “legal research platform that uses Artificial Intelligence to predict how a court would decide various labour and employment matters.”
• Emond Publishing for LGBTQ2+ Law: Practice Issues and Analysis, Joanna Radbord, General Editor. “A practical book that identifies and analyzes the key LGBTQ2+ issues that arise in various legal contexts. It explores how lawyers can effectively navigate those waters to ensure equitable results for their LGBTQ2+ clients.”
• Irwin Law for Researching Legislative Intent: A Practical Guide, Susan Barker and Erica Anderson, Authors. The “first comprehensive resource that guides researchers through the complex task of researching legislative intent.”
• Lancaster House and CanLII for eText on Wrongful Dismissal and Employment Law, Peter M Neumann and Jeffrey Sack, Authors. An e-text that is updated regularly and freely available. It is “one of the most accessed documents on CanLII.”
• University of Alberta Press for Government Information in Canada, Amanda Wakaruk & Sam-Chin Li, Editors. “Written by academic and government librarians, this title describes the production, dissemination, and stewardship of government publications in Canada.”

The award honours Hugh Lawford (1933-2009), Professor of Law at Queens’ University and the founder of Quicklaw.

COVID-19 IP Policy Tracker From World Intellectual Property Office

The World Intellectual Property Office (WIPO), a specialized agency of the United Nations, has launched the COVID-19 IP Policy Tracker to help users track intellectual property policy changes being implemented by WIPO member states in their response to the global pandemic.

It contains information on measures adopted by countries such as:

• changes to how hearings into IP matters are held
• extensions of time or grace periods for fee payments in patent and trade-mark matters
• special measures such as compulsory licenses allowing or ordering the manufacture, use and sale of a patented invention such as a medicine to respond to a pandemic-related public health emergency 
• voluntary actions by academia (e.g. making copyrighted publications available for free) and corporations

American Libraries Journal Publishes Library Systems Report 2020

American Libraries recently published Library Systems Report 2020, the latest in a series of annual reports on trends in the library technology industry.

The 2020 report looks in particular at integrated library systems, library services platforms and comprehensive discovery products.

"The library technology industry took some significant turns in 2019. Ex Libris, a ProQuest company, acquired Innovative Interfaces and shifted the balance of power, strengthening Ex Libris’s position in technology for academic libraries and propelling it as a major player in public libraries. This move narrows the slate of competitors in an industry already offering few viable options for many libraries."

"Technology for public library automation has been mired in stagnation. It takes a substantial level of development to both maintain existing products and build next-generation technologies for the emerging realities of a given library sector. Will Ex Libris opt to invent a new platform for public libraries, as it did for academics? How it responds may shape whether we see ongoing stasis or a new phase of innovation (...)"

"New product categories have begun to emerge. Many companies look beyond the library as their sole audience for development and create products targeting their parent institutions or communities. Recent efforts include tech products that support teaching, such as reading-list applications, discovery services for open educational resources, and support for application program interfaces (APIs) and protocols that connect the library with student information systems. Interest in support services for higher-education research has increased. Research information systems have been available for quite some time, but this new wave of products positions libraries as research stakeholders."

The report is written by Marshall Breeding, a well-known library tech expert. He also edits the Library Technology Guides website and produces the annual International Library Automation Perceptions Surveys.

Fair Dealing Guidance for Canadian Libraries During COVID-19

The Canadian Federation of Library Associations has published a document called Fair Dealing Guidance for Canadian Libraries During the Time of COVID-19:

"It is imperative for the duration of a national or global health crisis that libraries continue responding to information requests for creative, educational, and information purposes and it is understood that fulfilling these requests may require reproducing content. Fair dealing is an important and vital user right that continues to support dissemination of information to the public and empowers library users, scholars and scientists. Fair dealing supports libraries in providing continued opportunities for personal fulfillment, intellectual, and professional growth during these challenging times."

"CFLA-FCAB thanks open access publishers and creators of open works. The COVID-19 pandemic highlights the importance of the open access scholarly communication model that continues to improve access to materials for teaching and instruction, and to results of research. CFLA-FCAB acknowledges the current vendors and publishers who are providing free or enhanced access to their online collections for the duration of the COVID-19 pandemic."

"This guidance document is meant to provide clarity to support libraries in considering copyright as they provide services during the COVID-19 pandemic."

May 2020 Issue of In Session - E-Newsletter of Canadian Association of Law Libraries

The May 2020 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.