Thursday, December 20, 2012

Seeking Nominations for the 2013 Hugh Lawford Award for Excellence in Legal Publishing

The Canadian Association of Law Libraries (CALL) is accepting nominations for the 2013 Hugh Lawford Award for Excellence in Legal Publishing.

It honours a publisher (whether for-profit or not-for profit, corporate or non-corporate) that has demonstrated excellence by publishing a work, series, website or e-product that makes a significant contribution to legal research and scholarship.

Members as well as non-members of CALL can make nominations. Criteria are explained on the Award website (see link in first sentence).

The deadline for sending in nominations is February 15, 2013.

Members of the Award Selection Committee are:
  • Justice Eric (Rick) Libman, Ontario Court of Justice
  • John Davis, Professor Emeritus, Osgoode Hall Law School
  • Michael Decore, Manager of Information Resources and Access, Alberta Law Libraries,
  • George Tsiakos, Instructional Librarian, University of British Columbia Law Library, Vancouver
The Committee is chaired by CALL Past President, Rosalie Fox, who runs the library and information management branch at the Supreme Court of Canada.

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

The award will be presented to the recipient at a reception during the 2013 CALL Annual Meeting in Montreal.

You can find information about past award winners and the nomination process on the CALL website.

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posted by Michel-Adrien at 8:17 pm 0 comments

Wednesday, December 19, 2012

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection for the period of December 1-15, 2012 is now available on the Court website.

The web page explains: "The Supreme Court of Canada Library does not lend materials from this list, which is provided for information only."

But, once the material goes into the general collection, after about a month, the works do become available for inter-library loan to authorized libraries.

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

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posted by Michel-Adrien at 6:44 pm 0 comments

Tuesday, December 18, 2012

Will Library and Archives Canada Reestablish Inter-Library Loan Service?

In today's La Presse, the Montreal-based daily, the communications head of Library and Archives Canada (LAC) , Marc Comeau, is quoted as saying that the institution will set up a new modified inter-library loan service in 2013 and act as the lender of last resort when it is the only Canadian institution to hold a particular item ["un service de prêteur de dernier recours lorsqu'il sera la seule institution au pays à détenir un ouvrage quelconque"].

As members of the Canadian library community know, LAC terminated its existing inter-library loan service earlier in December. That service had been essential to the work of libraries and researchers across Canada.

According to La Presse, LAC's inter-library loan employees, all of whom had already been laid off, were invited earlier today to a meeting. None of these experienced staff members has yet been invited to join the new service.

To be followed as the saying goes...

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posted by Michel-Adrien at 8:38 pm 1 comments

Monday, December 17, 2012

CBA National Magazine's Top 12 Stories of 2012

The Canadian Bar Association's National magazine has highlighted its top 12 stories for 2012.

They cover everything from mental health problems in the legal profession to Supreme Court rulings on supervised drug injection sites.


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posted by Michel-Adrien at 8:52 pm 0 comments

Saturday, December 15, 2012

Research Libraries Association Statements on Aboriginal Knowledge, Open Government and Broadband Access

The Public Policy Committee of the Canadian Association of Research Libraries (CARL) recently approved three new statements on traditional knowledge, open government initiatives, and access to broadband internet services:
  • Traditional knowledge and cultural expressions : "The World Intellectual Property Organization (WIPO) is examining intellectual property considerations of traditional knowledge, genetic resources and cultural expressions.  This impacts research libraries, which can house data collected in collaboration with indigenous peoples. CARL members believe that a balance between the protection of ancestral knowledge and sharing knowledge through libraries can be achieved. International agreements should reflect this reality."
  • Open Government: "Open Government encourages transparency and accountability by providing the public with information on the state’s activities. The Canadian Association of Research Libraries (CARL) supports the Government of Canada’s Open Government initiatives. Once implemented, these measures will provide Canadians with more information about their government’s activities. For researchers, this means access to information that would otherwise be unobtainable (...) The Open Data initiative is of particular importance to CARL, given our members’ role in preserving and distributing information and knowledge for both research and learning."
  • Access to broadband Internet services for all Canadians : "Access to broadband Internet presents Canadians with the widest range of opportunities to conduct business, learn, innovate and communicate in the international digital marketplace. The Internet allows governments, educational institutions and private companies to provide direct services to the population no matter where they are in Canada, thus eliminating geographical barriers. CARL believes that access to reliable and affordable high speed Internet is in the interest of all Canadians. We strongly encourage government initiatives that further broadband Internet access to all Canadians, regardless of their geographic location and financial means."
[Source: CARL E-lert Archive]

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posted by Michel-Adrien at 3:38 pm 0 comments

CLA Member Advocacy Survey: The Impact of Federal Budget Cuts on Canada’s Libraries

The Canadian Library Association (CLA) has released the results of its survey on the impact of federal budget cuts.

From the Executive Summary:
"In the spring of 2012 the federal government announced a series of budget cuts that raised serious concerns within the library community. Library and Archives Canada was subject to a 10% budget reduction, and many federal department libraries were restructured, reduced or closed (...)"

"In order to determine how these cuts will impact the broader library community, CLA conducted a survey of its members. More than 400 individuals provided detailed responses to the survey questions. They overwhelmingly agreed that the cuts will impact both local and national library services, with 98% of respondents indicating concern. Areas most likely to be affected were identified, and include: access to material/information, research, interlibrary loans, Community Access Program, preservation, staffing cuts, digital issues."

"CLA is preparing follow up actions based on these survey results. Specific concerns regarding how cuts are being implemented at Library and Archives Canada will be raised as a series of questions to the Deputy Head and Librarian and Archivist and the Management Board. A campaign will be launched to inform MPs as well as departmental managers of the essential role of government libraries in the development of informed public policy and legislation. Research will be conducted regarding the implementation of the cuts and their impact on library staff, collections, and services to Canadians."

"CLA will keep members informed of developments as we take our next steps, and seek further input as necessary. We will engage members in local advocacy initiatives, to reach out to MPs in their ridings and help spread the message about the impact of these cuts."
Earlier Library Boy posts about the impact of federal budget cutbacks include:
  • Canadian Library Association Dismayed by Federal Budget Impact (May 2, 2012): "The Canadian Library Association (CLA) today released a statement criticizing the 2012 federal budget which it believes will hit federal libraries and Libraries and Archives Canada very hard."
  • Canadian Association of Law Libraries 2012 Conference Resolutions (May 10, 2012): "A number of resolutions were adopted yesterday at the Annual General Meeting ... of the Canadian Association of Law Libraries in Toronto (...) members also voted to support the Save Libraries and Archives Canada campaign ..."
  • September 2012 Campaign Update of Save Library and Archives Canada (September 27, 2012): "The Canadian Association of University Teachers (CAUT) launched a campaign this year called Save Library and Archives Canada (LAC) because of its fear that recent federal budget cuts would hamper the institution's many collections and activities. The campaign has just published a September 2012 Campaign Update (...)" 
  • Library and Archives Canada Terminates Inter-Library Loan Service (October 31, 2012): "The CLA Govt Library & IM Professionals Network, part of the Canadian Library Association, has published an announcement from Library and Archives Canada (LAC) that the institution is putting an end to its inter-library loan service in the next few weeks. The LAC's service has been an indispensable tool nationwide for researchers and libraries. "

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posted by Michel-Adrien at 3:09 pm 0 comments

Thursday, December 13, 2012

Library of Parliament Comparison of Lawful Access Laws in Canada, US, UK and Australia

The Library of Parliament recently posted an updated version of a  paper comparing Canadian legislative proposals relating to lawful access to the situation in the UK, the USA and Australia.

"Lawful access" refers to a police investigative technique that allows for the interception of electronic communications during a lawful search:
"During the first session of the 41st Parliament, in February 2012, the Minister of Public Safety introduced a bill on 'wiretapping' in the era of new electronic technologies (...) "

"Bill C-30 responds to the concerns of law enforcement and national security agencies that new technologies – such as Internet communications – often present obstacles to the lawful interception of communications. The bill has two parts, each responding to one of its central objectives.
  • Part 1 creates the Investigating and Preventing Criminal Electronic Communications Act, a new law governing telecommunications service providers (TSPs).
  • Part 2 amends the Criminal Code and several other acts in order to modernize investigative and interception techniques available to law enforcement and in order to modernize certain offences."
"As well, Bill C-12, introduced several months before Bill C-30, amends the Personal Information Protection and Electronic Documents Act to expand the circumstances in which law enforcement agencies can ask private organizations to disclose personal information without the consent of the individual concerned. The legislative debate on Bill C-30 and its predecessors has largely focused on privacy. Other important considerations include a new requirement that TSPs (including Internet service providers) put in place interception capabilities, the technical standards for and costs of these capabilities, and the need for new lawful access rules. The debate on these issues continues (...)"

"This background paper compares Bill C-30 with similar legislation in these three countries. Major differences and similarities are highlighted, with particular reference to three aspects covered in the Canadian bill: interception capability, requests to TSPs for information about subscribers and tracking warrants. The comparison is a useful one because Bill C-30 is the latest of several significant Canadian initiatives that have dealt with lawful access and that have proposed consistently similar provisions."
The Library of Parliament published a legislative summary of Bill C-30 in February 2012.

Earlier Library Boy posts on the topic include:
  • Canadian Government Consultation on Lawful Access (September 14, 2007): "The purpose of this consultation is to provide a range of stakeholders - including police and industry representatives and groups interested in privacy and victims of crime issues - with an opportunity to identify their current views on possible approaches to updating Canada’s lawful access provisions as they relate to law enforcement and national security officials’ need to gain access to CNA [customer name and address] information in the course of their duties. The possible scope of CNA information to be obtained is later identified, but it should be noted from the outset that it would not, in any formulation, include the content of communications or the Web sites an individual visited while online."
  • CIPPIC Paper on Government's Lawful Access Initiative (October 16, 2007): "This is a follow-up to the September 14, 2007 Library Boy post entitled Canadian Government Consultation on Lawful Access ... Yesterday, the Canadian Internet Policy and Public Interest Clinic (CIPPIC) at the University of Ottawa made its submission available. In its conclusions, CIPPIC remains highly sceptical of government arguments about the need for greater access to CNA information: 'Information identifying telecommunications subscribers can be highly sensitive given the electronic trail of publicly available and otherwise accessible data that individuals now leave about themselves on the internet and other digital devices as they go about their daily lives. For this reason, we submit that CNA information raises a 'reasonable expectation of privacy' on which a Charter challenge to laws permitting warrantless access could be based' ..."
  • Telecoms Fight Canadian Government Over E-Surveillance Costs (April 4, 2008): "The University of Ottawa's Michael Geist draws attention to documents obtained by Canwest News Service reporters that reveal a behind-the-scenes tug-of-war between industry and the federal government over who should bear the costs of electronic surveillance."
  • 2007 Annual Report on Use of Electronic Surveillance in Canada (May 20, 2009): "The report [from Public Safety Canada] outlines the use of electronic surveillance of private communications by law enforcement agencies to assist in criminal investigations. Under the Criminal Code, agencies must obtain judicial authorization before conducting the surveillance. The government is required to prepare and present to Parliament an annual report on the use of electronic surveillance. The 2007 Annual Report covers a five-year period from 2003 to 2007."
  • Canadian Government Re-Introduces Internet Surveillance Bills (November 2, 2010): "The federal government has re-introduced two bills in the House of Commons that would allow police and intelligence officials to intercept online communications and get personal information from Internet service providers. The government explains that the legislation targets child sexual predators, distributors of pornography and identity thieves. The bills also go after people who use the Internet to plan terrorist acts."

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

Top 10 International Drug Policy Stories of 2012

The British website openDemocracy publishes a regular feature called the Drug & Criminal Justice Policy Forum that takes a critical reformist look at stories about the "war on drugs" and criminal justice issues.

Its most recent item provides a round-up of some of the top international drug-related stories of 2012:
"This year will go down in history as the the beginning of the end to America's longest failed war: the war on drugs. Voters in Colorado and Washington made worldwide news by legalizing marijuana, Presidents around Latin America spoke out passionately against the drug war, and award-winning movies documented the horrors of the drug war and gave voice to those seeking change."

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posted by Michel-Adrien at 6:13 pm 0 comments

Top Ten Business and Human Rights Issues in 2013

The London-based Institute for Human Rights and Business has published its Top 10 List of Business and Human Rights Issues for 2013:
"Just 18 months after the adoption of the UN Guiding Principles on Business and Human Rights, significant progress has been made in integrating human rights concerns into a range of important initiatives by governments, businesses and other actors around the world."

"The success of the first annual UN Forum on Business and Human Rights highlighted the growing momentum of the business and human rights movement globally. But ongoing protection gaps remain to be addressed and recent reminders of wide scale abuses of fundamental worker rights point to challenges for 2013 and beyond."

"These developments, and the results of a public consultation process, provide the frame for today's release by IHRB of our 4th annual list of Business and Human Rights issues to mark International Human Rights Day."
The issues are:
  • Embedding respect for human rights across all business relationships
  • Expanding action to combat forced labour and human trafficking
  • Tackling challenges of dual-use internet-based technologies that may undermine privacy rights and freedom of expression
  • Advancing uptake of the UN Guiding Principles in key enabling sectors including finance, ICT and infrastructure
  • Leveraging government as an economic actor through public procurement policies that ensure respect for human rights
  • Renewing efforts to protect lives in the work-place
  • Mitigating the ‘resource curse’ by preventing negative human rights impacts of oil and gas exploration
  • Linking respect for human rights to calls for greater transparency in lobbying by businesses
  • Ensuring responsible investment in conflict-affected and 'high risk' areas
  • Addressing the impacts of land and water grabs linked to transport, fishing, security, mineral extraction and other sectors
[Source: Amnesty International]

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posted by Michel-Adrien at 6:06 pm 0 comments

Tuesday, December 11, 2012

Library Technology Forecast for 2013

In the December 2012 issue of Computers in Libraries, Marshall Breeding provides his Tech Review and Forecast for 2013:
"As another year draws to a close, it’s time to reflect on the trends in play related to library technologies and attempt to anticipate their trajectory going forward. We are in an incredibly interesting period in the realm of library technologies. Rather than just refining and rebuilding products on models of functionality that have been in place since the early decades of library automation, many efforts are under way to break free from well-established historical approaches and create new products better aligned with the multifaceted realities of libraries in their collections and services and that embrace current technology architectures. Other threads of activity include the ongoing enhancement and redevelopment of existing products. The library tech scene has historically been one of evolution, but the current cycle includes some uncharacteristically revolutionary tracks."
In the article, Breeding looks at web discovery services, library systems, mobile technologies, new procurement patterns, and open source products.

Breeding, a well-known library automation expert, is the founder of the Library Technology Guides website.

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posted by Michel-Adrien at 6:02 pm 0 comments

Monday, December 10, 2012

Law Commission of Ontario Final Report on the Law as it Affects Persons with Disabilities

The Law Commission of Ontario (LCO) has released its Final Report and Framework for the Law as it Affects Persons with Disabilities
"This was a multi-year, multi-stage project. It involved four stages of public consultation, including a very broad community consultation in 2010 that involved seventeen focus groups held across the province with groups representing a range of perspectives, experiences and contexts. It also involved extensive research, including both internal research by LCO staff and Osgoode Hall Scholar in Residence Roxanne Mykitiuk, and six commissioned research papers. The project was guided by an Advisory Group that included representatives from government, service providers, academics, lawyers, and community and advocacy organizations."

"This project is closely related to the LCO’s sister project on the law as it affects older adults. The projects were similar in their aims and their methodologies, and each informed the other. As well, there is a complex relationship between impairment, disability and aging. It was important that the projects take into account both the similarities and the differences between the two groups, and resist the common tendency to conflate the two. Finally, the projects aimed to take into account those persons who fall within the scope of both projects, older persons with disabilities, whether they age into disability or age with a disability. "

"In developing the Framework for the Law as It Affects Persons with Disabilities, the LCO adopted the following starting points:
  1. Understanding that access to justice requires looking beyond the clarity, efficiency and effectiveness of the law to consider normative issues;
  2. Recognition of the broader social and environmental contexts of the experience of disability, and how they may affect the ways in which persons with disabilities encounter the law;
  3. The importance of building on the considerable existing foundation for the law as it affects persons with disabilities, including international documents, domestic law and numerous domestic policy documents at both the federal and provincial levels;
  4. The benefits of a framework based on a set of principles, which can provide guidance while remaining flexible and applicable in changing circumstances;
  5. The centrality of the experiences and perspectives of persons with disabilities to the identification and application of the principles; and
  6. The design of the framework as a strong foundation for further research, analysis and discussion."
Earlier Library Boy posts on the topic include:




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posted by Michel-Adrien at 7:51 pm 0 comments

Sunday, December 09, 2012

Slaw.ca Article on The New JurisClasseur Québec Encyclopedia

Over at Slaw.ca, Gary P. Rodrigues has written his fourth in a series of posts on the major Canadian legal research encyclopedias, this time tackling the JurisClasseur Québec:
"By way of an explanation to the uninitiated, it can be said that a Juris Classeur encyclopedia serves much the same purpose for a legal practitioner in a civil law jurisdiction as does the Halsburys Model in common law jurisdictions. Needless to say, it does so in a 'distinct', or 'similar but different' fashion."

"Possibly, the most significant difference between the two encyclopedias is found in the civil law approach to secondary writings, referred to in the literature as doctrine. Whereas a Halsburys purports to be an authoritative black letter statement of the law, usually written by a singe person, a Juris Classeur encyclopedia aspires to have greater weight in the course of legal argument in the courts. It is more like a legal treatise in the common law world, but with each chapter or major legal issue treated by a different author."
 In the article, Rodrigues examines the collections and format of the encyclopedia, access points (summaries, tables of content, indexing), updating and branding.

He was the Vice President Publishing at Lexis Nexis Butterworths during the period when the Juris Classeur was being developed.

His earlier posts on the "great" legal encyclopedias are:

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posted by Michel-Adrien at 1:40 pm 0 comments

Thursday, December 06, 2012

Canadian Association of Law Libraries January 16, 2013 Webinar on Foreign and Comparative Law

The Canadian Association of Law Libraries (CALL) will host a webinar entitled Around the World in 90 Minutes: Adventures in Foreign and Comparative Law on Wednesday January 16, 2013 from, 1:00 p.m. to 2:30 p.m. EDT.

The speakers will be Mary Rumsey , Foreign, International & Comparative Law Librarian at the University of Minnesota, and Anna Szot-Sacawa of the Bora Laskin Law Library at the University of Toronto:
"The first part of the webinar will describe the landscape of foreign/international legal information—what areas are easy to travel, what areas are trickier terrain, and what traps lie in wait for the unwary.  Mary will highlight such legal topics as contracts, family law, dispute resolution, and intellectual property."

"In the second part, Anna will deal with international law, including the hot area of EU legal research. The emphasis will be on free sources, Mary and Anna will also point out some key subscription-based and fee-based tools."
Each webinar costs only $45.20 for members and $67.80 for non-members. Recordings of each session will be available to registered participants. There is an online registration form on the CALL website.

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posted by Michel-Adrien at 7:14 pm 0 comments

Wednesday, December 05, 2012

First Annual BAILII Lecture Given by President of the UK Supreme Court

The First Annual BAILII Lecture was given on 20 November by Lord Neuberger, the President of the Supreme Court of the United Kingdom.

BAILII stands for the British and Irish Legal Information Institute, which makes English jurisprudence and statutes available for free via the Internet.

Entitled No judgment, no justice, it focused on the importance of clearly written judgments and their wide dissemination:
  1. Access to Judgments carries with it access to law and access to justice, for lawyers, judges, academics and litigants, and all others interested in or concerned with any aspect of the law. BAILII, which also gives access to statutes, provides a unique and constitutionally vital service for UK citizens and others, which as the number of self-represented litigants, as litigants-in-person are now known, inevitably increases, will become even more important.
  2. Judgments are the means through which the judges address the litigants and the public at large, and explain their reasons for reaching their conclusions. Judges are required to exercise judgement - and it is clear that without such judgement we would not have a justice system worthy of the name - and they give their individual judgement expression through their Judgments. Without judgement there would be no justice. And without Judgments there would be no justice, because decisions without reasons are certainly not justice: indeed, they are scarcely decisions at all. It is therefore an absolute necessity that Judgments are readily accessible. Such accessibility is part and parcel of what it means for us to ensure that justice is seen to be done, to borrow from Lord Hewart CJ's famous phrase.
  3. With that in mind, I want to focus on the importance of two fundamental requirements of any justice system worthy of the name, and the role they play in securing effective access to justice. Those requirements are (i) judges giving publicly available, reasoned Judgments and (ii) the reliable dissemination and reporting of Judgments. I propose to start by looking at the importance of Judgments themselves, after which I will discuss the nature and importance of disseminating and reporting.


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posted by Michel-Adrien at 8:25 pm 0 comments

Tuesday, December 04, 2012

Nominations Open for 7th Annual Canadian Law Blog Awards

Nominations are now being accepted for the 7th annual Canadian Law Blog Awards known as the Clawbies.

The Clawbies recognize "the most thoughtful, useful, and timely law or legal industry-related blogs out there".

There are three ways to nominate a blog:
  1. Tweet your nomination via Twitter with the hashtag: #clawbies2012. We’ll be monitoring!
  2. Email your favourite blog, including a couple sample posts or any other notable highlights, to Steve Matthews at steve@stemlegal.com. We’d prefer a public nomination, but still welcome participation from folks who don’t blog or tweet.
  3. Write a blog post nominating up to three other Canadian law blogs you currently read, with a brief explanation of why you think those blogs were award-worthy in 2012.
The deadline for nominations is Thursday, December 27th, and the winners of the 2012 Clawbies will be announced on New Year’s Eve.

Here is the list of winners from previous years.

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posted by Michel-Adrien at 9:13 pm 0 comments

Monday, December 03, 2012

November 2012 Issue of Connected Bulletin on Courts and Social Media

The November 2012 issue of Connected is available online. The bulletin covers news about the impact of new social media on the courts.

It is published by the Virginia-based National Center for State Courts and the Conference of Court Public Information Officers.

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posted by Michel-Adrien at 8:36 pm 0 comments

Sunday, December 02, 2012

Annual Library Automation Perceptions Survey

Library Technology Guides is collecting data for this year’s International Library Automation Perceptions survey
"This is an opportunity for libraries to register their perceptions of the ILS product they use, its vendor, and the quality of support delivered. Is support getting better or worse? The survey also probes at considerations for migrating to new systems and the level of interest in open source ILS. While the numeric rating scales support the statistical results of the study, it’s the comments offered that provide the most insight into the current state of library automation satisfaction."

"Please help your fellow libraries who might be in the process of evaluating library automation options by responding to the survey. Any information regarding vendor performance and product quality can be helpful when making strategic decisions regarding automation alternatives. A large number of responses strengthen the impact of the survey and the subsequent report."
The Library Technology Guides website is maintained by Marshall Breeding, a well-known library automation expert.

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

New European Court of Human Rights Factsheet on Protection of Journalistic Sources

The European Court of Human Rights (ECHR) in Strasbourg has published a series of Factsheets that describe important jurisprudence of the institution on a number of subjects.

The ECHR recently published a factsheet on the protection of journalistic sources.

The ECHR hears complaints from individuals living in any of the member states of the Council of Europe about violations of the European Convention of Human Rights. The Council of Europe is one of the continent's oldest political organizations, founded in 1949. It has 47 member countries.

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

Supreme Court of Canada: New Library Titles

The list of new library titles added to the Supreme Court of Canada collection for the period of November 16th to 30th, 2012 is now available on the Court website.

The web page explains: "The Supreme Court of Canada Library does not lend materials from this list, which is provided for information only."

But, once the material goes into the general collection, after about a month, the works do become available for inter-library loan to authorized libraries.

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

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posted by Michel-Adrien at 11:08 am 0 comments