Sunday, June 16, 2019

Updated International Law Research Guides From GlobaLex

GlobaLex, the electronic collection created by the Hauser Global Law School Program at the New York University School of Law, recently updated some of its research guides.

These include:
  • Cyberwarfare and Collateral Damages: "The purpose of this paper is to offer an introductory overview on the collateral damages and victims of cyberwarfare. Cyberwarfare is a new type of warfare that poses numerous challenges. The article illustrates some basic definitions of cyberwarfare and cyber weapons proposed so far, as well as the international legal framework. Furthermore, the article addresses collateral damages and the role of the victims including illustrations of two paradigmatic cases of widely known cyberattacks."
  • Researching Indigenous Peoples International Law: "This article is designed to provide a foundation for researching indigenous international law by covering the definition of 'indigenous peoples', a brief history, key terms and issues, regional and international organizations including the United Nations, international documentation such as treaties, selected books and articles, online sources, and other secondary sources."

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posted by Michel-Adrien at 6:42 pm 0 comments

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from June 1-15, 2019 is now available on the Court website.
It is possible to subscribe via e-mail to receive the list.

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

Thursday, June 13, 2019

Canadian Association of Research Libraries Statement on Copyright Review

This is a follow-up to the June 9, 2019 post entitled How Did The Copyright Act Review Deal With Library Sector Recommendations.

Earlier this month,the House of Commons Standing Standing Committee on Industry, Science and Technology published its report on the Statutory Review of the Copyright Act.

On June 11, the Canadian Association of Research Libraries (CARL) issued a statement on the report that applauds the Committee's work for its "reasoned analysis and balanced conclusions":
"The report includes 36 recommendations, many of which reflect the positions put forward by CARL and our member institutions in their briefs and appearances before Committee. Notable highlights for the research library community include: 
  • Amending the fair dealing exception so that allowable purposes are illustrative rather than exhaustive (...);
  • Applying open licences to Canadian Government works (...);
  • Facilitating the use of a work or other subject matter for the purpose of informational analysis (i.e. text and data mining) (...)
  • Opposing the extension of copyright as required as part of the USMCA but, in the event that it is ratified by all parties, recommending both a registration system and a reversion right to counteract some of the disadvantages of term extension (...);
  • Engaging in comprehensive consultations with 'Indigenous groups, experts and others on the protection of traditional arts and cultural expressions in the context of Reconciliation' (...);
  • Prioritizing means for ensuring that works are made available in accessible formats to benefit persons with a perceptual disability (...)"
 

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posted by Michel-Adrien at 7:04 pm 0 comments

Tuesday, June 11, 2019

Manitoba Law Reform Commission Report on Expropriation

The Manitoba Law Reform Commission has released its final report on the province's Expropriation Act:
"In addition to providing compensation for lands taken by an authority, The Expropriation Act also provides compensation to owners for “injurious affection”, which occurs when damages are sustained by an owner when only part of the land is taken, or even where no lands are taken but the owner nonetheless sustains damages to their land as a result of an expropriation. The Manitoba Law Reform Commission (“Commission”) has learned that provisions in The Expropriation Act that deal with injurious affection are inconsistent with other Canadian expropriation statutes and may hinder the ability of an owner to claim due compensation in certain circumstances. In the Commission’s view, the restrictive wording in the Act prevents landowners from making claims and should therefore be removed."

"In January 2018, the Commission released a Consultation Report entitled The Expropriation Act of Manitoba. The Commission received input from practitioners with expertise in the area of expropriation. Through the consultation process, several other matters relating to The Expropriation Act respecting disturbance compensation, consulting costs, and abandonment of expropriation, were brought to the Commission’s attention. These additional matters are addressed in this report. The Commission makes ten recommendations to improve The Expropriation Act. If implemented, these recommendations would provide better guidance to practitioners, landowners and the Land Value Appraisal Commission, and put the injurious affection provisions on par with other jurisdictions in Canada."

"This report is limited to reviewing the particular aspects of The Expropriation Act which have been identified by legal practitioners as problematic. It forms part of a series of reports entitled Creating Efficiencies in the Law, which seek to address discrete, straightforward issues that, in the Commission’s view, can be improved with relatively simple legislative amendments."


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posted by Michel-Adrien at 9:30 pm 0 comments

Monday, June 10, 2019

Podcast Interview with AALL President Femi Cadmus

In the latest episode of his LawNext podcast, veteran legal journalist Bob Ambrogi interviews Femi Cadmus, President of the American Association of Law Libraries :
" 'We are not your grandfather’s law librarian.' As president of the American Association of Law Libraries, Femi Cadmus makes that point emphatically. Her organization recently completed it first-ever AALL State of the Profession report, an in-depth look at what information professionals do and how they do it. The report’s bottom line is that technology is making the role of the law librarian more diverse and more essential than ever before."

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posted by Michel-Adrien at 7:42 pm 0 comments

Sunday, June 09, 2019

How Did The Copyright Act Review Deal With Library Sector Recommendations

This is a follow-up to the June 4, 2019 post entitled House of Commons Report on Statutory Review of the Copyright Act.

Earlier this month,the House of Commons Standing Standing Committee on Industry, Science and Technology published its report on the Statutory Review of the Copyright Act.

The Librarianship website has compiled a comparison of GLAM Sector Recommendations vs Committee Recommendations. GLAM strands for Galleries, Libraries, Archives, and Museums.

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posted by Michel-Adrien at 6:09 pm 0 comments

Thursday, June 06, 2019

Law Commission of England Consultation on Surrogacy

The English Law Commission has published a consultation document on the law of surrogacy.

From the description of the project:
"Surrogacy is where a woman – the surrogate – bears a child on behalf of someone else or a couple, who intend to become the child’s parents.|

"As society changes, surrogacy is becoming more common – the number of children born this way could be 10 times higher than it was a decade ago."

"In the UK, surrogacy is governed by the Surrogacy Arrangements Act 1985 and certain provisions of the Human Fertilisation and Embryology Act 2008."

"But there are significant problems with the law. Currently, intended parents have to wait until the child has been born and then apply to court to become the child’s parents. The process can take many months to complete and doesn’t reflect the reality of the child’s family life, and affects the intended parents’ ability to take decisions about the child in their care (...)"

"In the paper, we make provisional proposals to improve surrogacy laws so they better support the child, surrogates and intended parents. Key proposals include:
  • Creating a new surrogacy pathway that will allow, in many cases, the intended parents to be the legal parents of the child from the moment of birth.
  • Introducing specific regulation for surrogacy arrangements and safeguards such as counselling and independent legal advice. This should reduce risk of arrangements breaking down.
  • Allowing international surrogacy arrangements to be recognised here, on a country-by-country basis."
Th consultation period ends in September 2019.

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posted by Michel-Adrien at 6:42 pm 0 comments

Wednesday, June 05, 2019

Fixing Fair Dealing for the Digital Age

This is a follow-up to yesterday's post entitled House of Commons Report on Statutory Review of the Copyright Act.

University of Ottawa law professor Michael Geist today chimed in with a post on hos blog: Fixing Fair Dealing for the Digital Age: What Lies Behind the Copyright Review’s Most Important Recommendation.

Fair dealing is an exception allowed under the Copyright Act. It allows use of limited portions of a copyright protected work without permission or payment of copyright royalties for purposes such as  research, private study, education, satire, parody, criticism, review or news reporting.

Prof. Geist writes:
"The long-awaited Canadian copyright review report features numerous good recommendations, many of which were rejections of industry lobbying: a rejection of new restrictions on fair dealing for education, rejection of Bell’s FairPlay site blocking initiative, and rejection of limits on safe harbours in response to the so-called 'value gap.' Yet the most notable recommendation is the committee’s support for fair dealing for the digital age by expanding its scope and ensuring that it applies equally in the analog and digital worlds."

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posted by Michel-Adrien at 6:42 pm 0 comments

Tuesday, June 04, 2019

House of Commons Report on Statutory Review of the Copyright Act

The House of Commons Standing Standing Committee on Industry, Science and Technology has published its report on the Statutory Review of the Copyright Act:
"Section 92 of the Copyright Act (the Act) provides that the Act must be reviewed every five years by a parliamentary committee. On 13 December 2017, the House of Commons designated its Standing Committee on Industry, Science and Technology (the Committee) to conduct the review. The Committee held 52 meetings, heard 263 witnesses, collected 192 briefs, and received more than 6,000 emails and other correspondence."

"The Committee consulted a broad range of stakeholders to ensure all perspectives were duly considered. These stakeholders included, among others, creators, educational institutions, industry representatives, teachers, students, interest groups, broadcasters, online service providers, Internet service providers, collective societies, lawyers, and academics. The Committee also dedicated a portion of the review to Indigenous groups and individuals, which could become standard practice when formulating copyright policy. The Committee gathered evidence in a systematic manner that allowed witnesses to bring forth the issues that mattered to them. This report cites every single person who provided oral testimony or submitted a brief to the Committee, and thus recognizes that the complexity of copyright policy requires every issue to be carefully weighed."

"The fruit of over ten meetings of deliberations, this Committee’s report covers a broad range of topics. They include the protection of traditional and cultural expressions, term extension, computer-generated works, artist’s resale rights, fair dealing, safe harbour provisions, perceptual disability provisions, online piracy, proceedings before the Copyright Board of Canada, and the statutory review process itself. After reporting on a few legal developments of the last seven years, the report addresses these topics in turn under six sections: Statutory Review, Indigenous Matters, Rights, Exceptions, Enforcement, and the Collective Administration of Rights."

"The report makes 36 recommendations. They include recommendations aiming at reducing the opaqueness of Canadian copyright law, notably by gathering authoritative information on its impact on Canadian creators and creative industries, increasing the transparency of the collective administration of rights, and simplifying the Act. The Committee recommends improving the bargaining power of Canadian creators by granting them a termination right while mitigating the impact of such a right on the commercial exploitation of copyright. It also proposes to sensibly update enforcement mechanisms, starting with statutory damages for rights-holders and collective societies. The recommendations address site-blocking proposals and their potential impact on the form and function of Internet, and assert that online service providers such as Google and Facebook must fully comply with the Act to the benefit of both rights-holders and users. The report also proposes to move forward to protect traditional and cultural expressions, vitally informed by the testimony of Indigenous witnesses."

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posted by Michel-Adrien at 8:04 pm 0 comments

Monday, June 03, 2019

Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls

Earlier today, the National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report at a public ceremony in Gatineau, Quebec.


One of the supplementary reports explains the legal reasoning behind the Inquiry's declaration that the disproportionate levels of violence suffered by Indigenous women and girls in Canada can be considered a form of "race-based genocide (...)  empowered by colonial structures, evidenced notably by the Indian Act, the Sixties Scoop, residential schools and breaches of human and Indigenous rights, leading directly to the current increased rates of violence, death, and suicide in Indigenous populations".

Among its findings, the report stated that Indigenous women and girls are 12 times more likely to be murdered or to go missing than members of any other demographic group in Canada.

After more than 3 years of meetings and gathering testimony, the Inquiry made 231 calls for action to government, institutions and the larger Canadian public to help address endemic levels of violence directed at Indigenous women and girls and what the report calls 2SLGBTQQIA (two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual) people.

The website of the Canadian Broadcasting Corporation has condensed the calls for action for easier understanding.

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posted by Michel-Adrien at 7:24 pm 0 comments

June 2019 Issue of In Session - E-Newsletter of Canadian Association of Law Libraries

The June 2019 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.

There is news about:
  • recent awards honouring prominent CALL members
  • the new Executive Board of the association
  • the Professional Development Committee which handles continuing education programs for members
  • the Membership Development Committee's mentoring program

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posted by Michel-Adrien at 5:27 pm 0 comments

Sunday, June 02, 2019

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from May 16-31, 2019 is now available on the Court website.
It is possible to subscribe via e-mail to receive the list.

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posted by Michel-Adrien at 2:39 pm 0 comments

Thursday, May 23, 2019

CanLII Connects Content Now Searchable on CanLII

CanLII, the Canadian Legal Information Institute that works to make Canadian legal information available for free online, now includes commentary from the CanLII Connects platform in its search results.

CanLII Connects allows publishers, law firms and academics to share commentary on Canadian cases and legislation for anyone to read free of charge.

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posted by Michel-Adrien at 6:40 pm 0 comments

LawBytes Podcast on Future of Free Access to Law

In his most recent LawBytes podcast, University of Ottawa law professor Michael Geist looks at the the future of the free and open access to law movement which includes players such as CanLII, the Canadian Legal Information Institute that provides free online access to legal information:
"During a recent trip to Australia, I spoke with Professor Graham Greenleaf, one of the pioneers of the movement, who co-founded AustLII, the Australasian Legal Information Institute. Following in the footsteps of the Legal Information Institute at Cornell University, AustLII helped reshape legal publishing in Australia and played a pivotal role in bringing other countries’ legal materials online. The episode continues with a conversation with Xavier Beauchamp-Tremblay, the current CEO of CanLII..."

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posted by Michel-Adrien at 5:19 pm 0 comments

Five Questions with Marnie Bailey - Fasken Martineau DuMoulin LLP

The Canadian Association of Law Libraries (CALL) has been running a series of member profiles called Five Questions With...

The most recent interview is with Marnie Bailey, Knowledge Services Librarian with the firm Fasken Martineau DuMoulin LLP:
"What’s your greatest professional success?
We had an articling student a few years ago who didn’t summer with us, and for the first few weeks of training, he sat with his arms crossed, paying attention to everything but the training going on around him. After a lot of patience and coaching, by the time his articles were complete he was the biggest user of the library, and would sing our praises to everyone with whom he came in contact. His turnabout is definitely a proud moment in my career!"

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posted by Michel-Adrien at 5:12 pm 0 comments

Wednesday, May 22, 2019

Most Recent Issue of Canadian Law Library Review Available

The most recent issue of the Canadian Law Library Review is now available online on the ISSUU platform. It is also available in PDF format.

It is the quarterly journal of the Canadian Association of Law Libraries.

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posted by Michel-Adrien at 6:01 pm 0 comments

Monday, May 20, 2019

Library of Parliament Legislative Summary on Bill to Pardon Simple Cannabis Possession

The Library of Parliament frequently publishes legislative summaries for some of the federal bills of the current session. The summaries contain background and analysis of bills in front of the House of Commons and the Senate.

One recent summary is about Bill C-93: An Act to provide no-cost, expedited record suspensions for simple possession of cannabis:
"Bill C‑93, An Act to provide no‑cost, expedited record suspensions for simple possession of cannabis, was introduced in the House of Commons by the Minister of Public Safety and Emergency Preparedness on 1 March 2019 and received first reading that same day."

"The introduction of this bill follows the passage of the Cannabis Act, most of whose provisions came into force on 17 October 2018. That Act legalized several cannabis‑related activities, such as the possession of 30 g or less of dried cannabis or equivalent in a public place, and the possession of four or fewer cannabis plants per dwelling house. The result is that there are individuals with criminal records for past activities that are no longer considered criminal offences."

"Bill C‑93 amends the Criminal Records Act (CRA) to allow individuals who were convicted for possession of cannabis products before 17 October 2018 to request a record suspension (formerly known as a pardon) without having to wait the usual period of time and without being required to pay a fee. The Minister of Justice published a “Charter Statement” declaring that he has examined the bill and has not identified any potential effects on the rights and freedoms protected by the Canadian Charter of Rights and Freedoms."

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posted by Michel-Adrien at 1:28 pm 0 comments

Survey of Law Library Plans for Print Collections x

Primary Research Group, a New York-based publisher of research reports and surveys about law libraries, is surveying law libraries in the USA and Canada about their plans for their print materials collections
"Survey data is aggregated and respondents are not identified in open ended questions unless they identify themselves. We do encourage you to identify yourself by starting the open ended question with the name of your institution if you would like readers to know your identity."
Earlier Library Boy posts about Primary Research Group Reports include:

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posted by Michel-Adrien at 1:21 pm 0 comments

Sunday, May 19, 2019

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection from May 1-15, 2019 is now available on the Court website.

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

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posted by Michel-Adrien at 4:39 pm 0 comments

Thursday, May 16, 2019

Statutes Compare and Regulations Compare from Thomson Reuters Wins American Association of Law Libraries New Product of the Year Award

The American Association of Law Libraries (AALL) announced this week that Statutes Compare and Regulations Compare on the Westlaw Edge platform is the winner of its 2019 New Product Award.

The product allow users to see the most recent changes to a statute or federal regulation and compare any two versions.

According to AALL:
"AALL’s New Product Award honors new commercial information products that enhance or improve existing law library services or procedures—or products that improve access to legal information, the legal research process, or procedures for the technical processing of library materials."

"Eligible new products may include computer hardware and/or software; educational or bibliographic material; or other products and devices that aid or improve library workflow, research, or intellectual access. New products are considered to be those in the library-related marketplace for two years or less. Products that have been reintroduced in a new format or with substantial changes are also eligible."
Thomson Reuters will be recognized for the honor at the 112th AALL Annual Meeting & Conference in Washington, D.C., in July.

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posted by Michel-Adrien at 6:31 pm 0 comments

Call for Proposals for 2019 Canadian Library Assessment Workshop

The Canadian Association of Research Libraries has issued a call for proposals for the 2019 Canadian Library Assessment Workshop (CLAW) to be held in Windsor, Ontario from October 22nd to 24th, 2019. The deadline is is June 14, 2019.

The event consists in a series of practical workshops providing attendees with effective methods, tools, and techniques for library assessment.

Programs and presentations from earlier  CLAW events are available on the CARL website.

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posted by Michel-Adrien at 6:18 pm 0 comments