New Georgetown University Artificial Intelligence Governance Tracker

Georgetown University has launched AGORA (AI Governance and Regulatory Archive), a "collection of AI-relevant laws, regulations, standards, and other governance documents from the United States and around the world".

There are many filters for finding documents: keyword, region, thematic taxonomy (e.g. bias), area of application (e.g. medicine), and more.

Canadian Bar Association Podcast on Indigenous Self-government in Child Welfare

The most recent episode of The Every Lawyer, a podcast series of the Canadian Bar Association, features Professor Naiomi Metallic of Dalhousie University in Halifax discussing Bill C-92, an Act respecting First Nations, Inuit and Métis children, youth and families:

"An in-depth look at Bill C-92, an Act respecting First Nations, Inuit and Métis children, youth and families, with Professor Naiomi Metallic, which turns into a broader discussion on legislative reconciliation and the ‘braiding together’ of existing legal orders."

"For those interested in advocacy, Prof. Metallic also makes the case for academia as THE place to change the law, and with it, society (...)"

"Professor Naiomi Metallic, divides her time between practice and teaching at Dalhousie University’s Schulich School of Law where she holds the Chancellor’s Chair in Aboriginal Law and Policy. She was part of the legal team that intervened on behalf of the First Nations Child and Family Caring Society led by Cindy Blackstock, a longtime advocate for child welfare and Indigenous children’s rights. The SCC referenced Prof. Metallic’s article, Aboriginal Rights, Legislative Reconciliation and Constitutionalism (dal.ca) , in their Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, and she is this year’s winner of the CBA’s Ramon John Hnatyshyn Award for Law."

Law Library of Congress Video Tutorial on Foreign Legal Gazettes

The Law Library of Congress in Washington, D.C.  has published a video tutorial about its foreign legal gazettes collection.

"Did you know that the Law Library of Congress maintains one of the largest collections of foreign official gazettes in the world? Official gazettes are primary sources of law published by governments to disseminate new legislation, regulations, and decisions of governmental bodies. The Law Library, which has been collecting these foreign official gazettes since the mid-nineteenth century, has created an eleven-minute video introduction to the foreign legal gazettes collection (...)"

"This video provides an overview of the collection and instructs researchers on how to use the Foreign Legal Gazettes Guide, which is a tool created and maintained by Law Library staff to help with the discovery of the Library’s online and physical gazette collections."

The Law Library of Congress is the world’s largest law library, with a collection of over 2 and a half million volumes from all ages of history and virtually every jurisdiction in the world.

Recent Library of Parliament Legislative Summaries

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills.

Among them are:

• Legislative Summary of Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments: "Bill C-20 establishes the independent Public Complaints and Review Commission (the Commission) to review and  investigate complaints against employees of the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). The Commission replaces the existing Civilian Review and Complaints Commission (CRCC) which reviews complaints against the RCMP. Currently, no oversight authority is responsible for reviewing complaints against the CBSA."
• Legislative Summary of Bill C-65: An Act to amend the Canada Elections Act: "The bill amends the Canada Elections Act (CEA) to accomplish several distinct legislative objectives, including: providing for two additional days of advance polling; moving the next fixed election date; regulating voting at long-term care institutions; updating the process for voting by mail (special ballot); regulating voting at post-secondary educational institutions; amending the requirements relating to political parties’ policies for the protection of personal information; amending or creating new prohibitions pertaining to the electoral process; amending the regime applicable to third-party financing; granting new powers to the Commissioner of Canada Elections (CCE); and requiring the Chief Electoral Officer (CEO) to report to Parliament on potential changes to the electoral process."
• Legislative Summary of Bill C-50: An Act respecting accountability, transparency and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy: "The Government of Canada describes this legislative initiative as the product of comprehensive consultation, the purpose of which is to establish both a plan and mechanisms for governance and accountability to place the federal government in a better position to support workers and communities as Canada works to build a net-zero economy."
• Legislative Summary of Bill C-69: An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024: "Part 1 implements various income tax measures through amendments to the Income Tax Act and related statutes and regulations, including increasing the home buyers’ plan withdrawal limit and deferring the repayment period, creating the Canada Carbon Rebate for Small Businesses, and providing a refundable investment tax credit to qualified businesses for certain investments in clean technology manufacturing property (clauses 2 to 80). Part 2 enacts the Global Minimum Tax Act, which is a regime based on the Rules of the Organization for Economic Co-operation and Development, that ensures that large multinational corporations are subject to a minimum effective tax rate of 15% on their profits wherever they do business (clauses 81 to 111). Part 3 repeals the temporary relief for supplies of certain face masks, respirators and shields from the Goods and Services Tax/Harmonized Sales Tax, and implements certain measures regarding excise duty in respect of tobacco and vaping products, beer, spirits and wine. It also implements certain changes to the Underused Housing Tax (clauses 112 to 148). Part 4, which is divided into 44 divisions, implements various  measures. It amends numerous existing Acts that cover many areas of law. It also enacts the Consumer-Driven Banking Act (clauses 149 to 468)."

Library of Parliament legislative summaries summarize bills currently before Parliament and provide background information about them in an objective and impartial manner. They are prepared the Library's research staff which carries out research for and provides information and analysis to parliamentarians, Senate and House of Commons committees and parliamentary associations. Legislative summaries are revised as needed to reflect amendments made to bills as they move through the legislative process.

LawBytes Podcast on State of Digital Law and Policy in Canada

In his most recent LawBytes podcast, University of Ottawa law professor Michael Geist takes a look at recent federal government digital policy initiatives:

"The Law Bytes podcast focuses intensively on Canadian legislative and digital policy developments and with another Parliamentary year in the books, this week’s episode takes a look back and take stock of where things stand. It features discussion on the implementation of the Internet streaming and news bills (C-11 and C-18) as well as an analysis of the current state of privacy, AI, online harms, and digital tax as found in Bills C-27, C-63, C-69, S-210 and C-27."

Recent Library of Parliament Documents

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills as well as other documents.

Among them are:

• Gender-based Analysis Plus in Canada: "The Government of Canada uses GBA Plus [Gender-based Analysis Plus ] to assess the impact of legislation, policies, programs and budgetary measures on diverse groups of women, men and gender-diverse people in an effort to reduce inequalities. The “Plus” in GBA Plus includes a range of identity factors – such as age, disability, education, language, sexual orientation, culture, geography, ethnicity, Indigenous identity, religion, social class and income – that overlap in an intersectional way. The “Plus” is thus aligned with the concept of intersectionality introduced in 1989 by Kimberlé Crenshaw, which makes it possible to include multiple intersecting identity factors beyond gender in the analysis of what shapes people’s experiences."
• Scrutiny of Regulations: 50 Years in Review: "Parliament can delegate the authority to make regulations to a person or body specified in an Act. This authority might be given because regulations can be made more quickly than legislation or because Parliament might not have the expertise to legislate technical rules. This authority is usually delegated by way of enabling provisions in legislation that permit ministers, departments, agencies and other authorities to make rules on Parliament’s behalf. The committee’s powers derive from both statutory and sessional orders of reference which make it the committee’s mandate to ensure that this delegated authority is exercised lawfully and appropriately. The committee’s work begins after a regulation has been published in its final form in Part II of the Canada Gazette."
• Legislative Summary of Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments: "Bill C-20 establishes the independent Public Complaints and Review Commission (the Commission) to review and investigate complaints against employees of the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). The Commission replaces the existing Civilian Review and Complaints Commission (CRCC) which reviews complaints against the RCMP. Currently, no oversight authority is responsible for reviewing complaints against the CBSA."
• Legislative Summary of Bill C-65: An Act to amend the Canada Elections Act: "The bill amends the Canada Elections Act (CEA) to accomplish several distinct legislative objectives, including: providing for two additional days of advance polling; moving the next fixed election date; regulating voting at long-term care institutions; updating the process for voting by mail (special ballot); regulating voting at post-secondary educational institutions; amending the requirements relating to political parties’ policies for the protection of personal information; amending or creating new prohibitions pertaining to the electoral process; amending the regime applicable to third-party financing; granting new powers to the Commissioner of Canada Elections (CCE); and requiring the Chief Electoral Officer (CEO) to report to Parliament on potential changes to the electoral process."

Legislative Review of the Cannabis Act: Final Report of the Expert Panel

The Canadian statute that legalized the possession of cannabis in 2018 provided for an official review of its implementation and impact by an independent panel.

That panel has published its final report.

From the executive summary:

"Based on the evidence presented to us, we believe that there has been significant progress made on several of the key objectives of the legislation. Notably, these include:

• the establishment of a licensing framework supporting a legal industry that is providing adult consumers with a quality-controlled supply of a variety of cannabis products
• steady progress in shifting adult consumers to the legal cannabis market
• for the most part, adherence to rules on promotion, packaging and labelling, including prohibitions about making claims about health or lifestyle benefits
• a significant reduction (95% between 2017 and 2022) in the number of charges for the possession of cannabis and minimizing the negative impact on some individuals from interactions with the criminal justice system"

"However, it would be a mistake for governments to adopt an attitude of complacency with the current regime or move away from a public health and public safety approach to cannabis. Continuous assessment of what works and what needs to change is necessary in a framework that is a radical shift from an era of prohibition, which limited research and evidence-based policy. Our consultations have uncovered the following areas of concern..."

Those areas of concerns are related to young people's use of cannabis, high-potency products,  Indigenous communities, various costs to industry, the need for better enforcement of regulations, and access to cannabis for medicinal purposes.

Recent Library of Parliament Legislative Summaries

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills.

Among them are:

• Legislative Summary of Bill C-56: An Act to amend the Excise Tax Act and the Competition Act: "Bill C-56, An Act to amend the Excise Tax Act and the Competition Act (short title: Affordable Housing and Groceries Act), was introduced in the House of Commons on 21 September 2023 by the Deputy Prime Minister and Minister of Finance and received first reading that same day. The bill was passed by both chambers of Parliament after being amended in the House of Commons, and it received Royal Assent on 15 December 2023. Bill C-56 has two parts: Part 1 amends the Excise Tax Act (ETA) to temporarily enhance the Goods and Services Tax (GST) new residential rental property rebate in respect of new purpose-built rental housing. Part 2 amends the Competition Act to promote competition, particularly in the grocery sector. This legislative summary provides a brief description of the key amendments contained in Bill C-56."
• Legislative Summary of Bill C-48: An Act to amend the Criminal Code (bail reform): "Bill C-48 makes changes to Canada’s Criminal Code ... provisions concerning judicial interim release, also known as bail. It adds to existing “reverse onus” provisions that shift the prosecutor’s burden of demonstrating why an accused person should be held in detention pending trial onto the accused, who instead must demonstrate to the judge or justice of the peace that there is no reason warranting their detention. These amendments are in response to concerns raised by various stakeholders about crimes being committed by repeat violent offenders, in particular those who use firearms. These reverse onus amendments apply to accused persons who were previously convicted of a violent offence and are subsequently charged with violent offences or offences involving firearms, knives, bear spray or other weapons. The bill also proposes changes to address the risks posed by intimate partner violence, particularly when committed by repeat offenders. It adds considerations a justice must take into account during bail decisions regarding community safety and security concerns."
• Legislative Summary of Bill S-15: An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act: "The bill creates various Criminal Code offences in relation to elephants and great apes, including: possessing, breeding or impregnating elephants or great apes in captivity; possessing an elephant or great ape that is kept in captivity and failing to take reasonable measures to prevent natural breeding; and participating in any activities that involve elephants or great apes kept in captivity being used for entertainment purposes."

Law Society of Ontario Tip on Coming into Force of Federal Regulations

Know How, the blog of the Law Society of Ontario's Great Library, regularly posts very useful research tips.

It recently published one entitled Coming into force of Federal Regulations and Statutory Instruments:

"When conducting legislative research, many researchers will know that locating a piece of legislation is only half the battle. The next hurdle lies in decoding commencement information or coming into force date(s)."

"As outlined in previous posts, deciphering this information can be tricky and confusion often arises from the wording used. In this post we hope to shed light on three frequently used coming into force (CIF) phrases of Federal SORs and SIs."

"Three phrases (or terms) are often used in SOR/SI’s to describe coming into force date(s): when an Order is made, when an Order is registered and when an Order is published." 

"What is the difference and how do you determine which date is which?"

Legislative Review of the Cannabis Act

The Government of Canada Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government.

In a recent edition of the list, there was a link to a report about the Legislative Review of the Cannabis Act:

"We are honoured to have been appointed by the Minister of Health and the Minister of Mental Health and Addictions as the independent Expert Panel to conduct the legislative review of the Cannabis Act (the Act). As the Expert Panel, we will offer our observations and advice—based on our own expertise—independent of outside influences, including our professional affiliations. We take our mandate, independence, and impartiality extremely seriously, and have devoted significant time to this important work."

"After almost a century of prohibition, Canada became the first major industrialized nation in the world to legalize and regulate cannabis when the Act and its regulations came into force. The Act allowed for the production, sale, and distribution of cannabis. The purpose of the Act is to protect public health and public safety, including by providing access to a quality-controlled supply of cannabis, and by enhancing public awareness of the health risks associated with cannabis use (...)"

"Parliament’s decision to mandate an independent review three years after the Act came into force in 2018 recognized that there would inevitably be some gaps between what Parliament intended to achieve with the legislation and other supporting measures, and how those elements actually worked. However, it was clear that these gaps, and the modifications necessary to address them, would only become apparent once there had been some practical experience with the new framework. The primary purpose of this review, therefore, is to identify how the new framework is working in practice to date, and to provide recommendations to make it more effective."

"This report marks the completion of the first phase of our work, which was focused on engaging with stakeholders and experts to consider evidence and collect opinions and perspectives. For the second phase of our work, we will re-engage stakeholders in multi-sectoral roundtables and host other discussions to gain a deeper understanding and fill any knowledge gaps from our first phase. We will then prepare a final report for the Ministers, which is expected to be tabled in Parliament by March 2024 with our advice and recommendations. Our final report will be based on the data that we have gathered and what we have heard."

Recent Library of Parliament Legislative Summaries

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills.

Among them are:

• Legislative Summary of Bill C-42: An Act to amend the Canada Business Corporations Act: "The bill strengthens the government’s commitment to the implementation of a publicly accessible beneficial ownership registry of corporations governed under the Canada Business Corporations Act (CBCA)2 in furtherance of its efforts to bolster Canada’s anti–money laundering and anti–terrorist financing regime (...)"
• Legislative Summary of Bill S-13: An Act to amend the Interpretation Act: "The bill amends the federal Interpretation Act 2 to include a non-derogation clause on upholding Aboriginal and treaty  rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982. A non-derogation clause is a statement in a law that indicates the law should be interpreted to uphold, and not diminish, other pre-existing rights. Bill S-13 aims to ensure that all federal legislation is interpreted to uphold constitutionally protected Aboriginal and treaty rights."
  "

Great Library at the Law Society of Ontario Blog Post on Finding Orders in Council

Know How, the blog of the Great Library at the Law Society of Ontario, has a new post explaining the different ways of Finding Federal Orders in Council:

"Sourcing Orders in Council is rarely a straightforward task. Often researchers will experience frustrating hiccups in their search as they are faced with where to find unpublished Orders, as well as the inconsistent indexing standards of the past."

"This blog post will attempt to provide a checklist for where to look in the (sometimes) nebulous world of searching for Orders in Council."

"Generally, the Orders in Council1 that researchers encounter take the form of regulations which are systematically published in the Canada Gazette. However, Orders in Council address a wide range of administrative and legislative matters and are, for the most part, unpublished."

Take it from me: finding these documents is often hard work. The tips from the Great Library are very welcome. 

Recent Library of Parliament Legislative Summaries

This past summer, the Library of Parliament in Ottawa published a number of legislative summaries of important federal bills.

Among them are:

• Legislative Summary of Bill C-9: An Act to amend the Judges Act: "By replacing the existing complaints process regarding alleged misconduct with a new system, Bill C‑9 changes how complaints against federally appointed judges are handled. The existing process was established in 1971 under the Judges Act, which defines the criteria for removing a judge from office and prescribes certain other requirements; procedural elements of the complaints process are largely set out in Canadian Judicial Council (CJC) policy documents and by‑laws."
• Legislative Summary of Bill C-228: An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985: "The bill amends the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) to ensure that claims in relation to shortfalls in defined-benefit pension plans are paid in priority in the event that an employer becomes insolvent. It also amends the Pension Benefits Standards Act, 1985 (PBSA) to provide for the tabling of an annual report regarding the solvency of pension plans regulated under that statute."
• Legislative Summary of Bill S-4: An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures): "Bill S‑4 aims to increase the efficiency, effectiveness and accessibility of the criminal justice system in response to the challenges posed by the COVID‑19 pandemic. According to the federal government, it will give courts increased flexibility in how they hold criminal proceedings and issue orders. In particular, the bill:
  
  - allows law enforcement officers to obtain warrants by telecommunication (i.e., 'telewarrants') in a wider range of circumstances;
  - clarifies and broadens the circumstances under which accused individuals, offenders and others involved in criminal proceedings may appear by audioconference or videoconference;
  - permits prospective jurors to appear by videoconference during the jury selection process and provides for jury selection via electronic or other automated means;
  - allows courts to compel the attendance of an accused or offender for fingerprinting or other identification measures in certain additional circumstances;
  - removes restrictions on the development of case management rules for accused individuals not represented by counsel (...)"

LawBytes Podcast on Proposed Federal Bill on Right to Repair

In the most recent LawBytes podcast, University of Ottawa law professor Michael Geist talks with Alissa Centivany and Anthony Rosborough about a private member's bill making its way through the House of Commons that would recognize the right to repair goods and appliances:

"The right to repair would seem like a political no-brainer: a policy designed to extend the life of devices and equipment and the ability to innovate for the benefit of consumers and the environment. Yet somehow copyright law has emerged as a barrier on that right, limiting access to repair guides and restricting the ability for everyone from farmers to video gamers to tinker with their systems. The government has pledged to address the issue and Bill C-244, a private members bill making its way through the House of Commons, would appear to be the way it plans to live up to that promise."

"Alissa Centivany, an assistant professor in the faculty of information and media studies at Western University and the principal investigator of a SSHRC-funded research project on the right to repair and Anthony Rosborough, who completing his doctoral thesis at the European University Institute in Florence and is set to take up a joint appointment in Law and Computer Science at Dalhousie University later this year, have been two of the most outspoken experts on this issue in Canada."

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

Documents on Artificial Intelligence in Canada

I just got back from the annual conference of the Canadian Association of Law Libraries in Hamilton, Ontario (conference program).

Not surprisingly, a lot of attention was devoted to the topic of artificial intelligence.

The opening keynote talk was given by Prof, Teresa Scassa of the University of Ottawa on “Regulating AI in Canada: Bill C-27 and the AI and Data Act”. 

It just so happens that the current issue of the Canadian Bar Review has published an article of hers on the topic of her presentation:

"Canada’s  Bill  C-27,  The  Digital  Charter  Implementation  Act,  includes  a  proposed Artificial Intelligence and Data Act (AIDA). If passed, the AIDA would establish a series of obligations regarding the use of anonymized data in AI systems; the design, development and making available for use of AI systems  generally;  and  the  design,  development  and  making  available  for  use of high-impact AI systems. The bill is challenging to fully understand, as many of these obligations are left to be fleshed out in regulations, including even the definition of the “high impact” AI, to which the AIDA will apply. Oversight of the regime will be the responsibility of the Minister of Industry, who  is  also  responsible  for  supporting  the  growth  of  the  AI  industry  in  Canada."

"This  paper  analyzes  the  AIDA  and  the  context  into  which  it  was  introduced.  This  context  includes  a  rapidly  evolving  AI  landscape,  as  well  as  important  governance  initiatives  emerging  internationally,  including  from  the  European  Union  and  the  United  States.  It  also  explores  a  set  of  constraints  on  Canadian  law  and  policy  developments  in  this  space.  Part  2  considers  how  the  AIDA  is  meant  to  be  both  ‘agile’  and  a  form  of  risk  regulation, and it measures the AIDA against these concepts. In Part 3, the paper considers the scope of the AIDA and a few of the particular constraints that  shaped  it.  These  include:  the  cross-sectoral  nature  of  AI  technology,  Canada’s constitutional division of powers, and the Canadian tendency to address public and private sector actors separately. Together, the two parts of the paper provide a view of the context and constraints that have shaped the  AIDA,  casting  light  on  some  of  the  challenges  faced  in  regulating  AI,  and surfacing important issues for the consultation and engagement that is necessary to properly regulate AI in Canada."

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

Another interesting article (forthcoming) is Mapping Artificial Intelligence Use in the Government of Canada by Paul Daly, also a University of Ottawa professor:

"On the one hand, technological advances and their enthusiastic uptake by government entities are seen as a push toward a Canadian dystopic state, with friendly bureaucrats being replaced by impassive machines. On the other hand, embracing technology is considered a confident move of the Canadian administrative state toward an utopian low-cost, high-impact decision making process."

"I will suggest in this paper that the truth—for the moment, at least—lies somewhere between the extremes of dystopia and utopia. In the federal public administration, technology is being deployed in a variety of areas, but rarely, if ever, displacing human decision making. Indeed, technology tends to be leveraged in areas of public policy that don’t involve any settling of benefits, statuses, licenses, and so on."

"We are still a long way from sophisticated machine learning tools deciding whether marriages are genuine, whether tax payers are compliant or whether nuclear facilities are safe. The reality is more down to earth."

 

Legislative Summary of Federal Bill C-23 - Historic Places of Canada Act

The Library of Parliament has published its Legislative Summary of Bill C-23, known by the short title of Historic Places of Canada Act:

"Many of Canada’s historic places are disappearing or under threat. Bill C‑23 strengthens and expands the protection and designation of federally owned historic sites in Canada. Bill C‑23 enacts the Historic Places of Canada Act (HPCA), which replaces the Historic Sites and Monuments Act (HSMA) – the Act currently providing for the protection of historic sites. The HPCA is under the authority of Parks Canada, and the minister responsible for that agency is the Minister of Environment and Climate Change. A significant portion of Bill C‑23 is dedicated to codifying conventional protections and programs. Bill C‑23 also provides enforcement mechanisms and penalties. Fines under the HPCA are collected in a fund dedicated to heritage conservation. Bill C‑23 also aims to support further reconciliation with Indigenous peoples in Canada by implementing the Truth and Reconciliation Commission of Canada’s Call to Action 79(i)."

Progress of the bill through the Houses of Parliament can be followed on the LEGISinfo website. 

Library of Parliament Legislative Summary of Bill C-18: Online News Act

The Library of Parliament has published its legislative summary of Bill C-18, the Act respecting online communications platforms that make news content available to persons in Canada (short title: Online News Act).

"The purpose of Bill C‑18 is to rebalance the power dynamics in the digital news marketplace in order to ensure fair compensation for Canadian media outlets and journalists. It creates a new legislative and regulatory framework to enable digital news intermediaries to negotiate agreements with Canadian media to authorize them to disseminate Canadian media content on their platforms. The bill sets up a process that enables smaller media outlets to bargain collectively."

"The bill also expands the mandate and powers of the Canadian Radio‑television and Telecommunications Commission (CRTC). It gives the CRTC responsibility for developing the code of conduct governing bargaining between digital news intermediaries and news businesses. It also mandates the CRTC to determine whether agreements made outside the bargaining process meet the conditions for exemption."

"According to the Charter Statement on Bill C‑18 prepared by the Minister of Justice, Bill C‑18 is consistent with the Canadian Charter of Rights and Freedoms. To arrive at this conclusion, the Minister assessed the bill’s potential impacts on freedom of expression (section 2(b)), searches or seizures (section 8) and fair trial rights (section 11)."

It is possible to follow the progress of the bill through both Houses of the federal Parliament on the LEGISinfo website. 

Library of Parliament Legislative Summary of Bill C-13 on Official Languages Act

The Library of Parliament has prepared a legislative summary of Bill C-13, An Act for the Substantive Equality of Canada's Official Languages:

"Bill C‑13 incorporates many of the amendments proposed to Bill C‑32, An Act to amend the Official Languages Act and to make related and consequential amendments to other Acts, tabled during the 2nd Session of the 43rd Parliament. Bill C‑32, which died on the Order Paper at first reading, had itself been preceded by the release, on 19 February 2021, of a reform proposal entitled English and French: Towards a Substantive Equality of Official Languages in Canada. The bill was also preceded by many calls from civil society, parliamentary committees and the Commissioner of Official Languages to modernize the Official Languages Act (OLA)."

"The following list outlines some of the aspects of Bill C‑13 that are different from its predecessor, Bill C‑32:

• (...)
• the uniqueness and diversity of official language minority communities and their historical and cultural contributions to Canadian society,
• the fact that immigration is one of the factors that contributes to maintaining or increasing the demographic weight of francophone minority communities, and
• the fact that all legal obligations related to the official languages apply at all times, including during emergencies;
• the recognition that language rights are to be interpreted in light of their remedial character for the purposes of the OLA;
• (...)
• the addition to the list of new powers granted to the Commissioner of Official Languages (the power to impose administrative monetary penalties on certain transportation entities defined by regulation); and
• the withdrawal from the OLA of the rights to use French as a language of service and a language of work in relation to federally regulated private businesses in Quebec and in regions with a strong francophone presence and the inclusion of these rights in a new Act."

(...)

"Bill C‑13 has 71 clauses. It amends every part of the OLA, except Part I, which deals with the parliamentary proceedings. The bill also enacts an entirely new Act, on the language of service and language of work of federally regulated private businesses in Quebec and in regions with a strong francophone presence. This new Act is entitled the Use of French in Federally Regulated Private Businesses Act (UFFRPBA)."

It is possible to follow the progress of the bill in the federal Parliament on the LEGISinfo website.

Most Recent Issue of Law Library Journal

The Summer 2021 issue of Law Library Journal, a publication of the American Association of Law Libraries, is available online.

One of the feature articles in this issue is "Comparing the United States Code Annotated and the United States Code Service Using Inferential Statistics: Are Their Annotations Equal?". 

Both are heavily annotated versions of the US Code, the massive consolidation of valid federal legislation in the United States. 

The annotated codes contain the text of U.S. federal laws, plus amendment history, related case law and references to other research materials such as encyclopedias, journal articles etc.

"There are two choices for annotated versions of the United States Code in print. The version published by West Publishing is the United States Code Annotated, or U.S.C.A., and the version published by Lexis Publishing is the United States Code Service, or U.S.C.S. Many law libraries, especially academic ones, carry copies of each, historically because they are thought to have different annotations. But which set should the researcher choose? Should the researcher use both? Should libraries continue to subscribe to both? (from the introduction)"

"(...) we can say that the case annotations given are significantly different from each other. Put differently, there is a significant amount of non-overlap between the case annotations offered by one set and those offered by the other."

"Law libraries often buy both sets of annotated codes because law librarians have historically thought the two sets different. This study confirms that. However, it is still surprising that the percentages of unique annotations were so high: 76 percent of annotations being unique to the U.S.C.A. and 70.5 percent being unique to the U.S.C.S. is much higher than I expected it to be. Given such a high percentage of diversity between the two, a researcher may be well served by examining both sets when starting research. Libraries should continue to buy both sets despite the cost burden, if possible. (from the conclusion)"

This lack of overlap between research platforms should not surprise law librarians. 

My experience is that many researchers become used to searching in one or maybe two online tools when looking for commentary or caselaw, forgetting that no platform provides anything close to comprehensive coverage. And results can be quite different depending on which database one is searching.

 

Recent Legislative Summaries from Library of Parliament

The Library of Parliament has recently published a number of new and revised summaries of legislation.

These include:

• Legislative Summary of Bill C-7: An Act to amend the Criminal Code (medical assistance in dying)
• Legislative Summary of Bill C-12: An Act respecting transparency and accountability in Canada’s efforts to achieve net-zero greenhouse gas emissions by the year 2050
• Legislative Summary of Bill C-15: An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples

All legislative summaries can be found on the Library of Parliament website.

It is possible to follow the progress of  bills through the Canadian Parliament on the LEGISinfo website. There you can find the different versions of a bill, debates, committee hearings, and coming into force information.