Monday, November 30, 2020

Roundup on Canadian Law Reform Agencies

The blog of the Federation of Law Reform Agencies of Canada (FOLRAC) regularly publishes a roundup of what its member agencies have been up to.

The latest post has news from British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and Nova Scotia.

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posted by Michel-Adrien at 5:54 pm 0 comments

Thursday, November 26, 2020

Statistics Canada Article on Public Perceptions of the Police

The most recent issue of the Statistics Canada publication Juristat has an article on Public perceptions of the police in Canada's provinces, 2019

Among the highlights:

  • In 2019, more than four in ten (41%) Canadians living in the provinces said they had a great deal of confidence in the police, while about half (49%) said they had some confidence.
  • Canadians who said they had a physical (38%), or mental or cognitive (33%) disability were less likely than people without a disability (43%) to report having a great deal of confidence in the police.
  • Three in ten (30%) First Nations people, Métis and Inuit said they had a great deal of confidence in the police, compared with 42% of non-Indigenous people.
  • Canadians belonging to population groups designated as visible minorities were significantly less likely to report having a great deal of confidence in the police (35%), compared with 44% of non-visible minorities.
  • Seniors (53%) were more likely to report having a great deal of confidence in the police compared with young Canadians aged 15 to 24 (36%).
  • Less than half of Canadians thought their local police were doing a good job of being approachable and easy to talk to (49%), enforcing the laws (46%), ensuring the safety of citizens (44%), treating people fairly (42%), promptly responding to calls (40%) and supplying information to the public on ways to prevent crime (37%). Less than one in five (18%) Canadians felt that the local police were doing a good job on all six of these measures.

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posted by Michel-Adrien at 7:16 pm 0 comments

Wednesday, November 25, 2020

Article on Content Strategy in the LibGuides Content Management System

 The January 2021 issue of the Journal of Academic Librarianship includes an article entitled Content strategy in LibGuides: An exploratory study.

LibGuides is a content management system (CMS) that is very popular with libraries in all sectors. My place of work uses it.

The article analyzes results from a survey of American academic libraries that were using the LibGuides platform in Fall 2019 in order to find out what content guidelines they had adopted.

From the highlights:

  • Nearly half of reporting institutions do not have content guidelines for their LibGuides.
  • Guidelines focused more on structural and clearly definable aspects of LibGuides.
  • After guides are published, few institutions review them systematically.
  • Most often, published guides are reviewed by their authors on an ad hoc basis.

From the conclusion:

"Findings indicate that half of responding institutions had content guidelines which focused on easily quantifiable aspects of guides such as their design, title, and type. After publication, guides were reviewed ad hoc and most often for currency and accuracy. Authors largely govern their own content throughout its lifecycle. This implies that where LibGuides are concerned, most academic libraries continue to operate under a distributed content authorship model. Though content guidelines are common and evoke content strategy, without external governance or workflow oversight there is little recourse if a content-author misapplies the guidelines. Lack of governance does not indicate lack of knowledge or interest in governance, but competing priorities and time pressures may impede good intentions (...)"

"When a LibGuides system bears institutional branding and web domains, users experience it as part of the web space and may not even know that they are interacting with a different CMS. If institutions are proceeding from a user-first standpoint, LibGuides should be considered part of the library's and institution's overall web presence and held to the same standards regardless of who contributed the content. Having a unified content strategy can ensure that all content on the library's web spaces are useful and usable as McDonald and Burkhardt (2019) advocate. Academic libraries may therefore benefit from engaging with content-authors to develop an organizationally appropriate governance structure for their LibGuides content."

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posted by Michel-Adrien at 7:28 pm 0 comments

Tuesday, November 24, 2020

Law Commission of New Zealand Report on Use of DNA in Criminal Investigations

The Law Commission of New Zealand recently published a report on The Use of DNA in Criminal Investigations.

In New Zealand the Criminal Investigations (Bodily Samples) Act 1995 gives the Police powers to collect and use DNA in investigating crime. The Act also regulates two DNA databanks. These databanks store DNA information from individuals who have been charged with, or convicted of, certain offences. This information can then be compared to DNA collected from the scenes of unsolved crimes.

The Minister of Justice had asked the Law Commission to conduct a comprehensive review of the Act. The purpose of the review is to determine whether the current legislation is fit for purpose and keeping pace with developments in forensic science, international best practice and public attitudes. 

The Commission recommends a new, comprehensive regime to control how DNA is obtained, used and retained for criminal investigations. Core recommendations include:

  • Improving protections for adults from whom Police seek to obtain DNA by consent or on arrest.
  • Requiring a court order to obtain DNA from suspects who are children or young people or who lack the ability to provide consent.
  • Regulating the use of DNA where the current law is either silent or fragmented. This includes elimination sampling, mass screening, familial searching, and genetic genealogy searching.
  • Establishing a single DNA databank to hold all DNA profiles obtained by Police with clear rules on how these DNA profiles can be used.
  • Restricting the retention of offenders’ DNA profiles and aligning any retention of youth offender profiles more closely with the rehabilitative focus of the youth justice regime.
  • Creating an independent mechanism for the assessment of new DNA analysis techniques and whether these should be approved for use.
  • Improving oversight by increasing the role of the judiciary, establishing a new DNA Oversight Committee (with mandatory Māori representation), and providing for external auditing by the Independent Police Conduct Authority.

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posted by Michel-Adrien at 7:33 pm 0 comments

Updated GlobaLex Research Guide on League of Nations Documents

 GlobaLex, a very good electronic collection created by the Hauser Global Law School Program at the New York University School of Law, has updated its guide on Researching League of Nations Documents:

"As the precursor to the United Nations, the League of Nations (1919-1946) is of interest to researchers concerned with the historical and institutional development of intergovernmental organizations (IGOs), the expansion of public international law, the establishment of modern treaty protocols and practices, and the evolution of the concepts of international cooperation and justice. League of Nations documents can be greatly useful sources for legal scholarship, but the complex nature of the documentation can also be a source of frustration."

"This guide is intended to provide a starting point for finding and using League of Nations documents. Additional guidance can be found by consulting the research guides and publications listed below. Please note that research into the autonomous institutions affiliated with the League, such as the Permanent Court of International Justice and the International Labour Organization, is not included in this guide, being well-covered elsewhere."

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posted by Michel-Adrien at 7:22 pm 0 comments

Monday, November 23, 2020

REALM Project Test Results for COVID Virus Survival on Library Materials

Research conducted as part of the REopening Archives, Libraries, and Museums (REALM) Project has been testing how long the virus SARS-CoV-2 that causes COVID-19 remains detectable on various library surfaces and materials.

In a sixth series of tests, the Project looked at five materials commonly used in furnishings, exhibits, and equipment found in museums, libraries, and archives:

"The tests examined architectural glass, marble, countertop laminate, brass, and powder-coated steel. Samples of each material were inoculated with active virus, allowed to dry, and then placed in an environmentally controlled chamber with no outside light or air."

"Results show that after two days, SARS-CoV-2 virus was no longer detectable on the brass and marble. After six days, virus was not detected on the glass, laminate, and powder-coated steel."

REALM is a collaboration between OCLC, an international library services cooperative, the US government agency Institute of Museum and Library Services, and Battelle, an R&D organization.

Further details and results from previous tests are available on the OCLC REALM Project website.

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posted by Michel-Adrien at 5:42 pm 0 comments

Supreme Court of Canada Calendar of December 2020 Hearings

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

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.

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posted by Michel-Adrien at 4:29 pm 0 comments

Tuesday, November 17, 2020

Update on Remote and Indigenous Communities from the Action Committee on Court Operations in Response to COVID-19

The Action Committee on Court Operations in Response to COVID-19, which is co-chaired by Chief Justice of Canada Richard Wagner and federal Justice Minister David Lametti, recently published an update about what it has been doing to improve the justice system for northern, remote, and Indigenous communities:

"The Action Committee identified some of the common challenges and concerns for these communities, suggesting ideas for change, as well as key principles that should be reflected in any future response."

"The Action Committee is also of the view that any action taken to respond to the pandemic must be consistent with advancing reconciliation with Indigenous Peoples, based on recognition of rights, respect, co-operation, and partnership as the foundation of transformative change."

The Action Committee is mandated to ensure that Canada’s chief justices, provincial and territorial ministers of justice, heads of court administration, and other officials responsible for the administration of justice are supported by the best available public health information, practices, and resources as they work to adapt and restore court operations in response to COVID-19.

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posted by Michel-Adrien at 7:16 pm 0 comments

Monday, November 16, 2020

Legislative Summary of Federal Bill to Create National Day for Truth and Reconciliation

 The Library of Parliament has published a Legislative Summary of Bill C-5: : An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation):

"Bill C-5 aims to respond to call to action number 80 of the Truth and Reconciliation Commission of Canada (TRC) by creating a statutory holiday for federally regulated employees, to be known as the 'National Day for Truth and Reconciliation.' The proposed holiday will take place on 30 September each year to honour First Nations, Inuit and Métis residential school survivors and their families and communities. The holiday will also ensure commemoration of the history and legacy of residential schools" ...

"Between the late 1800s and the late 1990s, the federal government and several Christian churches operated a system of residential schools for Indigenous children. The schools were part of a federal policy designed to assimilate Indigenous people into Canadian society. Children were often taken forcibly from their homes to attend the schools, and some were forbidden from practising their cultures or speaking their languages. Some children also experienced emotional, physical and/or sexual abuse at the schools."

"The TRC was established in 2008 under the terms of the Indian Residential Schools Settlement Agreement. Among other matters, it had a mandate to document the history and legacy of residential schools. The TRC's 2015 final report included 94 calls to action, covering areas such as health, education and justice. Specifically, call to action 80 called upon the federal government to work with Indigenous people to establish a National Day for Truth and Reconciliation as a statutory holiday."

It is possible to follow the progress of the bill through the Canadian Parliament on the LEGISinfo website.

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posted by Michel-Adrien at 6:26 pm 0 comments

Thursday, November 12, 2020

Statistics Canada Report on Crime During COVID-19

 Last week, Statistics Canada published a report on Selected police-reported crime and calls for service during the COVID-19 pandemic, March to August 2020:

"During the first six months of the COVID-19 pandemic, 17 police services across Canada reported that selected criminal incidents were down by almost one-fifth (17%) compared with the same period a year earlier. In contrast, the number of calls for service rose 8%, particularly wellness checks, mental health calls and calls to attend domestic disturbances."

"When the physical distancing measures that were introduced in mid-March to control the pandemic started easing in May, and businesses, services and public spaces gradually re-opened throughout the summer, the volume of crimes and calls for service began to rise."

According to the report, the police services surveyed serve 59% of the Canadian population.

Incidents reported to the police declined in 12 of the 13 categories measured. The only exception was for uttering threats by a family member.

Canada's national statistical agency cautions readers. Some of the categories included sexual assault and spousal violence and these are known to be underreported and accessing victim support services can be more difficult during the pandemic due to lockdown measures.


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posted by Michel-Adrien at 7:39 pm 0 comments

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

The November 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.

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Monday, November 09, 2020

Legislative Summary of Federal Bill on Citizenship Act Amendment

 The Library of Parliament has published a Legislative Summary of Bill C-8: An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94):

"Bill C-8, An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94), was introduced in the House of Commons on 22 October 2020 by the Minister of Immigration, Refugees and Citizenship. The bill aims to modify the Oath or Affirmation of Citizenship, a change requiring an amendment to the Citizenship Act. The current Oath of Citizenship has not been modified in over 40 years (...)"

"In 2015, the Truth and Reconciliation Commission of Canada (TRC) presented its six-volume final report and 94 calls to action. The TRC spent six years hearing more than 6,500 witnesses across Canada to shed light on the legacy of residential schools and to pave the way to reconciliation between Indigenous and non-Indigenous peoples. The federal government committed to implementing the calls to action in the areas that fell within its jurisdiction."

"In one of two calls to action pertaining to citizenship, the TRC called upon the federal government to replace the Oath of Citizenship with the following:
I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada including Treaties with Indigenous Peoples, and fulfill my duties as a Canadian citizen."

 It is possible to follow the progress of the bill through the Canadian Parliament on the LEGISinfo website.

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posted by Michel-Adrien at 6:34 pm 0 comments

Thursday, November 05, 2020

Most Recent Issue of Canadian Law Library Review

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

Check out the 2 feature articles:

  • A Critical Look at Law Librarianship in the 21st Century, p. 11

  • Artificial Intelligence in Canadian Law Libraries, p. 16

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

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Wednesday, November 04, 2020

Legislative Summary of Federal Bill on Medical Assistance in Dying

The Library of Parliament has published a Legislative Summary of Bill C-7: An Act to amend the Criminal Code (medical assistance in dying):

"Bill C-7, An Act to amend the Criminal Code (medical assistance in dying) was introduced in the House of Commons by the Minister of Justice on 24 February 2020 and received first reading that same day. With the prorogation of the first session of the 43rd Parliament, that bill died on the Order Paper, but it was reintroduced in identical form and with the same number, C-7, on 5 October 2020."

"The bill includes the federal response to the September 2019 Superior Court of Quebec decision in Truchon c. Procureur général du Canada, which related to the federal Criminal Code (the Code) provisions on medical assistance in dying (MAID) and Quebec's Act respecting end-of-life care. That decision declared that the Code requirement that a person could be eligible for MAID only if natural death was 'reasonably foreseeable' was contrary to the Canadian Charter of Rights and Freedoms."

"The amendments to the Code that are proposed in Bill C-7 also address some issues that have been raised since the Code provisions on MAID were first introduced in 2016. The bill amends the Code provisions on MAID by establishing a separate set of procedural safeguards for individuals whose natural death is not reasonably foreseeable and making some amendments to the safeguards that apply in the case of individuals whose natural death is reasonably foreseeable."

"The bill also amends the eligibility criteria by establishing that mental illness is not an illness, disease or disability for the purpose of determining eligibility for MAID."

"Following the tabling of the first Bill C-7, in the previous session of this Parliament, the Department of Justice presented a report on the results of consultations that had been held by the federal government in January and February 2020. Those consultations sought input from Canadians on issues relating to MAID, including whether MAID should be available to a person whose sole underlying condition is a mental illness."

It is possible to follow the progress of the bill through the Canadian Parliament on the LEGISinfo website.

 

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posted by Michel-Adrien at 5:15 pm 0 comments

Tuesday, November 03, 2020

51 Sets of Presidential Election Rules in the United States

 I can't wrap my head around this but this is the reality for our neighbours to the South.

The National Conference of State Legislatures in the United States has prepared an explanation called After the Voting Ends: The Steps to Complete an Election:

"An election isn’t over when the polls close. It’s over when election administrators complete their postelection activities and the election results are certified. As with everything else related to elections, state law governs these postelection processes—and there are 51 models. (The states plus Washington, D.C.)."

There are explanations for how and where and when different states count ballots, including mail-in ballots; deadlines for certifying the results; the rules for contesting the results; rules for interpreting the intent of voters whose ballots are marked ambiguously or incorrectly completed, etc.





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posted by Michel-Adrien at 5:23 pm 0 comments

Monday, November 02, 2020

October Issue of Connected Bulletin on US Courts and Social Media

 The October 2020 issue of Connected is available online. The bulletin covers news about the impact of social media on courts.

One of the articles is about how American court communications officials should prepare for the chaos that may ensue if a contested US presidential election ends up in litigation.

The bulletin is published by the Virginia-based National Center for State Courts (NCSC) and the Conference of Court Public Information Officers.

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posted by Michel-Adrien at 6:28 pm 0 comments