Wednesday, February 08, 2023

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. 

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posted by Michel-Adrien at 9:07 pm 0 comments

Tuesday, February 07, 2023

Overview Article About Open Access & Legal Scholarship in the Last Decade

There is a new article at Slaw.ca on open access legal research by Hannah Steeves:

"In 2011, the TALL Quarterly published a brief article authored by John Bolan, Public Services Librarian at the Bora Laskin Law Library (University of Toronto). The article addressed the burgeoning open access movement for scholarly literature generally, with a focus on the lack and lag of open access literature within the discipline of law and potential areas of growth in the field. Bolan wrote, 'As befits the field of law, there are, however, exceptions to the exceptions that are worth noting.' With more than 10 years since Bolan’s article was published, this post reviews the exceptions highlighted as potential areas of growth and summarises developments of open access legal literature in the Canadian context over the past decade."

Those areas include:

  • the Canadian Legal Information Institute (CanLII)
  • repositories of law-related articles such as SSRN and bepress
  • the rise of interdisciplinary legal scholarship
  • access to justice initiatives

Steeves is an Instruction & Reference Librarian at the Sir James Dunn Law Library, Dalhousie University (Halifax, Nova Scotia).



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

Monday, February 06, 2023

Recent Justice-Related Documents from the Government of Canada

The Government of Canada's Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government.It is a record of all publications catalogued in the previous week.

Here are two publications from the most recent list:

  • Annual report of the Courts Administration Service (the Service provides registry and administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada)
  • State of the Criminal Justice System: Impact of COVID-19 on the Criminal Justice System (Justice Canada): "This edition of the State of the Criminal Justice System (SOCJS) report focuses on monitoring key changes that occurred within the criminal justice system (CJS) since the onset of the COVID-19 pandemic. It compares indicators of performance prior to the start of the COVID-19 pandemic to those indicators up to two years into the pandemic, where data have been collected and made available. The following presents key findings from the report organized by the nine expected outcomes from the State of the Criminal Justice System Performance Monitoring Framework."

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posted by Michel-Adrien at 6:39 pm 0 comments

Thursday, February 02, 2023

Legal Information Institute 2022 in Review

The Legal Information Institute at Cornell University in the United States is the original LII, and therefore the predecessor of all the other LIIs such as the Canadian Legal Information Institute (CanLII).

Like the other LIIs around the world, it exists to make legal information available free of charge online.

LII has just published its year in review for 2002.

It highlights some of its top collections such as Wex, its free legal dictionary and encyclopedia, its Women & Justice Collection, and its sizable collection of regulations from all 50 American states.


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posted by Michel-Adrien at 6:29 pm 0 comments

Wednesday, February 01, 2023

CanLII Publishes New Open Access Criminal Law E-Book

The Canadian Legal Information Institute (CanLII) has published a new open access e-book about Criminal Law.

From the introduction:

"We hope that this ebook will be an invaluable resource to lawyers, legal professionals, the courts, law students, academics, librarians, legal non-profits, and all those who need access to information about criminal law for generations to come."

"The CanLII Criminal Law Ebook is written by a team of 67 writers who include leading litigators and experts in criminal law. This project would not have been possible if it were not their time, energy, and expertise."

"This first edition consists of 10 parts broken down into 88 chapters, each focusing on different areas of criminal law: Detention and Arrest, Search and Seizure, Statements, Information and Indictments, Bail, Disclosure, Trial Procedure, Defences, Sentencing, and Appeals. Each chapter contains references and links to relevant cases and content."

"This resource is a collaborative and continuous work in progress. We aim to keep it updated on a biennial basis."

The publication is the latest in a series of collective open access books by CanLII:

 

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posted by Michel-Adrien at 7:58 pm 0 comments

Tuesday, January 31, 2023

Canadian Association of Law Libraries Nominations for Honoured Members

The Canadian Association of Law Libraries (CALL) is inviting people to nominate a CALL member for Honoured Member status.

Honoured Member status is the Association’s highest honour and recognizes outstanding contributions to the advancement of law librarianship.

CALL members can submit their nominations, including supporting documentation, to Kim Nayyer, Past President, before March 1st, 2023.

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posted by Michel-Adrien at 6:37 pm 0 comments

Monday, January 30, 2023

Library Association Submissions to Federal Government 2023 Budget Consultations

The website Librarianship.ca has posted summaries of the pre-budget submissions made by various library, archivistic and cultural associations:

"In June 2022, the the House of Commons Standing Committee on Finance invited Canadians to provide a written brief with their priorities and proposals as part of its Pre-Budget Consultations in Advance of the 2023 Federal Budget."

"The Standing Committee published the briefs submitted by associations and organizations representing Canada’s GLAM (galleries, libraries, archives, and museums) sector as well as other sectors in November 2022."

Among the organizations listed are:

  • the Canadian Association of Research Libraries
  • the Canadian Federation of Library Associations
  • the Canadian Museums Association
  • the Canadian Urban Libraries Council
  • Access Copyright
  • and many others

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posted by Michel-Adrien at 6:36 pm 0 comments

Thursday, January 26, 2023

2022 at the Supreme Court: Year in Review

TheCourt.ca blog based at the Osgoode Hall Law School in Toronto has published a review of the major decisions made in 2022 by the Supreme Court of Canada:

"For the second consecutive year, we witnessed a historic transition in our roster of SCC justices. We bid farewell to Justice Michael J. Moldaver, who retired from the Bench after eleven years of devoted service. Justice Moldaver brought to the Bench his acclaimed expertise in criminal law, serving on the Court under both Chief Justice Beverley McLachlin and Chief Justice Richard Wagner. His legacy will be defined by his affinity for making the law more accessible to the public and for his reputation as one of the Court’s best writers. In his place, we welcomed Justice Michelle O’Bonsawin as the first Indigenous person ever appointed to the SCC. Justice O’Bonsawin brings a breadth of knowledge to the Bench, including her personal experience as a Francophone First Nations woman and her expertise in employment law, criminal law and mental health law. Canadians can look forward to the fresh perspective of Justice O’Bonsawin, who notes that her abilities allow her to contribute to making Canada a more inclusive society which is fair and just to all (Questionnaire for Judicial Appointment)."

"In this article, we explore the jurisprudential highlights of 2022 and look ahead to what is in store for 2023."

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posted by Michel-Adrien at 7:55 pm 0 comments

Wednesday, January 25, 2023

International Federation of Library Associations Trend Report 2022 Update

The International Federation of Library Associations (IFLA) has released its IFLA Trend Report Update 2022:

"Following the focus in the 2021 Trend Report on the key developments which, according to emerging leaders across the field, are most likely to shape the future of the libraries and the communities that we serve over the next ten years, this year takes a look at what we need to do in order to respond. What should be on our own to-do list in the coming years if we are to be ready to seize the opportunities and face down the threats that lie out there for us?"

"To do this, we again draw on the insights and ideas of emerging leaders across our field. These are the ones who will be responsible, within their institutions, their associations, and our global Federation, for ensuring that we can not just respond to the new situations we face, but also can take a positive, proactive approach."

"This report is therefore a collaborative effort. It is based on the key proposals made by the participants in the three emerging leaders sessions held at the 2022 World Library and Information Congress, and has subsequently been co-drafted by them."

"The ideas shared have been structured according to the four pillars of IFLA’s mission - to inspire, engage, enable and connect the global library field. In each case, there are recommendations both for libraries in general, and our Federation in particular."

The broad recommendations for the library sector are:

  1. We need to see libraries as players in a wide variety of policy areas 
  2. We should be more open in where and how we engage in advocacy, making a wider variety of issues our own 
  3. We should intensify and improve our own advocacy 
  4. We need to adopt a broad definition of our field, and ensure that being part of it is synonymous with action 
  5. We must see outreach as key to achieving our missions
  6. We need to feel a sense of agency in the face of the future 
  7. We need to embrace and share innovation 
  8. We need to see ourselves as a core part of the education infrastructure 8 #IFLATrendReport 
  9. We need to support emerging leaders as a core plank of sustainability, while also seeing that we all have potential to develop 
  10. We must make connecting with others in our field an integral part of our practice 
  11. We should invest seriously in our connections with partners and supporters

 

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posted by Michel-Adrien at 8:23 pm 0 comments

Supreme Court of Canada Launching New Electronic Filing Portal Next Week

The Supreme court of Canada has developed a new web-based portal that parties will be able to use to file case-related documents. It will become available on Monday, January 30, 2023:

"The web-based portal allows users to upload multiple documents per case.  This is the first phase of the portal, additional functions will be added over time."

"The portal should be used for all filings with the exception of documents that are subject to a sealing or confidentiality order."

"You will be asked to register as a user and provide an email address for validation by the Registry Branch. This email address will also be used for communication purposes with the Registry regarding filings through the portal.  Filing parties will receive electronic confirmations of submitted documents with a summary of the information provided. Filing parties will also receive a confirmation when their documents are processed by the Registry."

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posted by Michel-Adrien at 8:10 pm 0 comments

Tuesday, January 24, 2023

Project to Watch: Total Digital Access to the League of Nations Archives

The United Nations Archive in Geneva has been working on a project to digitize the entirety of the archives of the League of Nations, the predecessor of the United Nations.

When made fully accessible to the public very soon, the project will include some 14.2 million pages covering all the activities of the League between 1920 and 1946, and some 27,000 maps and 9,000 photographs.

There is a video explanation of the project on YouTube.


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posted by Michel-Adrien at 7:30 pm 0 comments

Monday, January 23, 2023

Australian Law Reform Commission on User-Friendly Legislation

The Australian Law Reform Commission has published an article on User-friendly legislation: Why we need it, and how to achieve it:

"In our view, the design, drafting, and publication of legislation in Australia needs a fundamental re-think based on ‘user-experience’. This would promote legislation that is more coherent, navigable, and which communicates its message as simply and clearly as possible."

"After discussing the need for user-friendly legislation, this article outlines three potential means by which this could be achieved: 

  • first, by drafting legislation that is simpler and more intuitive in its expression and structure;
  • second, by helping users of legislation navigate and comprehend it by providing ‘knowledge tools’; and
  • third, by improving the law-making process generally, including by soliciting and integrating user feedback, and through undertaking more regular reviews."

 

 

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posted by Michel-Adrien at 7:43 pm 0 comments

College and Research Libraries Article on Library Systems Maintenance

The most recent issue of the journal College and Research Libraries has a feature article entitled Indispensable, Interdependent, and Invisible: A Qualitative Inquiry into Library Systems Maintenance.

I admit library systems is an area to which I need to pay more attention.

From the intro:

"This article focuses on what has been traditionally known as the Integrated Library System or ILS, because it remains core to the operation of academic libraries."

"The ILS is the site of acquisitions, catalog record and item maintenance, and circulation management. It provides data to the library’s public catalog or discovery system and can be queried for statistical analysis of item use and overviews of holdings. Despite its centrality to the work of the library, its maintenance is rarely discussed in the literature of the profession. Yet an incomplete understanding of ILS maintenance is an incomplete understanding of the very thing that keeps the library functioning."

"In this article, maintenance is defined to include regular system upgrades, updating system settings, addressing bugs and issues, upkeep of integrations with other institutional systems, and minor tasks to improve user experience or support existing functions. The latter type of work spans maintenance and innovation,5 but when it consists of bringing existing systems into alignment with expectations and work already being performed, it aligns closely with other areas of maintenance included here. The term “library systems maintainer” is used here because not all maintainers are librarians, and to emphasize that those in this role also support interoperability between the ILS and some or all other technical systems used in the library."

The author is Ruth Kitchin Tillman at at Penn State University Libraries.

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posted by Michel-Adrien at 7:35 pm 0 comments

Thursday, January 19, 2023

Canadian Forum on Civil Justice Winter 2022 Newsletter

The non-profit Canadian Forum on Access to Justice (CFCJ) publishes a regular newsletter on access to justice issues.

The latest issue includes news about:

  • an upcoming Indigenous Access to Civil Justice Conference
  • a new project about access to justice via administrative tribunals and panels
  • the Accessibility for Ontarians with Disabilities Act
  • and more

The CFCJ is a national non-profit organization that works to advance civil justice reform through research and advocacy. 

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posted by Michel-Adrien at 8:11 pm 0 comments

Wednesday, January 18, 2023

Law Reform Commission of Ireland Consultation Paper on Liability of Clubs and Unincorporated Associations

The Law Reform Commission of Ireland has started a consultation process to look into the law on civil and criminal liability as it applies to clubs, societies and other unincorporated associations.

As part of the exercice, it has issued a Consultation Paper:

"Many voluntary nonprofit associations, clubs, societies and other groups that gather in pursuit of shared religious, sporting or other recreational interests are unincorporated associations. Such associations do not have a legal existence separate and distinct from their members: the association is simply the group of members (...)"

"However, this has a number of important legal consequences. It means that: 

(a) members can be exposed to personal liability for the wrongdoing of other members, in which they played no active part.

(b) members of unincorporated clubs, societies and associations who are injured cannot sue their own association, as doing so is treated by the law as suing oneself.

(c) suing unincorporated associations can be very difficult, as unincorporated associations cannot sue or be sued in their own name; rather individual members at the time of the relevant wrongdoing have to be identified.

(d) because unincorporated associations have no legal identity of their own, they require trusts to be established, through which property is held for the benefit of the association. This may mean that assets held by an unincorporated association are beyond the reach of litigants and regulators."

"In this Consultation Paper, the Law Reform Commission highlights an existing means of achieving legal protection from individual liability: the company limited by guarantee (CLG). It also proposes a number of possible reforms to try to make the law on the liability of unincorporated associations clearer, fairer and more enforceable."

The paper also has a section outlining the law in other jurisdictions, including Australia, Canada, New Zealand, the United States, parts of the UK, France and other countries.

 

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posted by Michel-Adrien at 9:24 pm 0 comments

Tuesday, January 17, 2023

Victorian Law Reform Commission Issues Paper on Recklessness

The Victorian Law Reform Commission (state of Victoria, capital Melbourne, Australia) has published an Issues Paper on Recklessness in the local criminal law:

"Recklessness is an element in many Victorian offences and relevant to the application of the criminal law in other ways. However, it is not consistently defined in Victorian legislation and in most instances takes its meaning from the common law."

"Since the decision of the Victorian Court of Appeal in R v Campbell ([1997] 2 VR 585), an accused is reckless if they know that a particular harmful consequence will probably result from their action but they proceed regardless." 
(...)

"In some Australian jurisdictions, for most offences against the person involving recklessness other than murder, the accused need only foresee the possibility that harm might occur for recklessness to be established."

"The Victorian Law Reform Commission ... is asked to review and report on how the concept of ‘recklessness’ is understood ..."

In an appendix, the document sets out how recklessness is defined in Australian federal and state law, as well as in Canada, England, Wales and Northern Ireland.

The Commission will deliver tits report to the state's  attorney general early next year.

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posted by Michel-Adrien at 6:45 pm 0 comments

Monday, January 16, 2023

LawBytes Podcast on Future of the Canadian Radio-television and Telecommunications Commission

In the most recent LawBytes podcast, University of Ottawa law professor Michael Geist talks with Konrad von Finckenstein, former chair of the Canadian Radio-television and Telecommunications Commission (CRTC), the government agency that oversees and regulates broadcasting and telecommunications:

"The start of a new year often means a fresh start and for the CRTC, it meant welcoming a new chair, as Vicky Eatrides officially took over as chair a few days into 2023. Eatrides comes to the Commission at a particularly busy time with wireless competition concerns top of mind for many Canadians and the government set to ask the Commission to play a pivotal role in implementing Bills C-11 and C-18."

"Konrad von Finckenstein is someone who knows quite a bit about the challenges faced by new CRTC chairs, having served in the role from 2007 to 2012. He was recently appointed to the Order of Canada for his many contributions to public life and he joins me on the Law Bytes podcast to reflect on those experiences in the context of the CRTC. Our conversation reflects on what is involved in launching entirely new programs, ensuring public engagement, and developing policies that enjoy both public support and can withstand potential legal challenges."

Information about Bills C-11 and C-18 can be found on the Library of Parliament's LEGISinfo website:

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posted by Michel-Adrien at 9:00 pm 0 comments