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Library Boy

Legal research news from an Ottawa law librarian

Updated: 2017-01-16T03:54:49.671-05:00


Senator Murray Sinclair's Residential School Reading List


Canadian Senator Murray Sinclair, the former Chair of the Truth and Reconciliation Commission of Canada, has produced a Residential school reading list:
"Many of you have asked for a reading list on the topic of residential schools. Ask and ye shall receive. Here’s part of a larger reading list I use."

"There are several related topics of course which I recommend people take a look at such as Genocide, Colonization/Decolonization, Indigenous activism, child welfare and Indigenous children, Indigenous people and the Justice system etc. I also highly recommend all of Vine Deloria’s books, Thomas King’s Inconvenient Indian, Richard Wagamese’s book Indian Horse, all of the Research papers compiled by the Aboriginal Healing Foundation ... and the website of the National Centre for Truth and Reconciliation ..."
In 2015, the Commission released its findings after its years-long investigation into the many abuses against Indigenous children at Church-run Indian Residential Schools in the 19th and 20th centuries.

Upcoming Ottawa Conference on the Charter and Emerging Issues in Constitutional Rights and Freedoms: From 1982 to 2032


The University of Ottawa is organizing a conference entitled Charter and Emerging Issues in Constitutional Rights and Freedoms: From 1982 to 2032 on March 8-10, 2017:
"Our conference will bring together leading constitutional scholars, as well as community leaders and policy makers to discuss and examine the possibilities and challenges for constitutional rights and freedoms over the next 10-15 years. The conference will begin on the evening of Wednesday, March 8, 2017 with a public debate on 'Resolved: The Charter Revolution is Over'. There will be a reception at the Supreme Court of Canada on the evening of Thursday, March 9, 2017."

"The Honourable Mr. Justice Richard Wagner of the Supreme Court of Canada will deliver a keynote address."
The conference is part of the Constitution 150 project, a year-long partnership of the Public Law Group at the University of Ottawa, the Centre for Constitutional Studies, the University of Alberta, and the Université de Montréal.

Statistics Canada Article on Trends in Remand Over Past Decade


The Statistics Canada publication Juristat yesterday published an article entitled Trends in the use of remand in Canada, 2004/2005 to 2014/2015.

It looks at trends in the number of adults and youth being held in remand (pre-trial detention) in the period from 2004/2005 to 2014/2015.

Among the highlights:
  • In 2014/2015, on an average day, there were more adults in custody awaiting trial than there were convicted offenders serving time in sentenced custody. Provincial and territorial correctional facilities across the country supervised an average of 24,014 adults per day in sentenced custody and pre-trial detention; 13,650 of them, or 57%, were in pre-trial custody (remand).
  • In provincial and territorial correctional facilities, the average daily number of adults awaiting trial in remand has exceeded the number in sentenced custody since 2004/2005.
  • In comparison to ten years earlier, the number of adults in remand has grown almost six times more than the number in sentenced custody. From 2004/2005 to 2014/2015, the average daily adult remand population increased 39%, while the average daily sentenced custody population was up 7%.
  • All provinces and territories saw their adult remand numbers climb between 2004/2005 and 2014/2015. There have been particularly large increases in average daily counts in Nova Scotia (+192%), Northwest Territories (+139%), Manitoba (+134%) and Alberta (+109%).
  • One in four adults (25%) admitted to remand in 2014/2015 were Aboriginal persons (excluding Alberta and Prince Edward Island). This is about 8 times greater than the representation of Aboriginal persons in the overall population (3%).
  • Similar to the situation for adults, on an average day in 2014/2015, there were more youth aged 12 to 17 in pre-trial detention (561 or 56%) than were in sentenced custody (448 or 44%) (excluding Quebec). There have been, on average, more youth in pre-trial detention than sentenced custody since 2007/2008.
  • Unlike the findings for adults, the average number of youth in pre-trial detention has been declining, mirroring the notable drop in the number of youth charged with a crime in recent years.
  • In 2014/2015, more than one-third (36%) of youth admissions to pre-trial detention (in the eight jurisdictions where information was available) was an Aboriginal youth. This was about five times their representation in the general population (7%). In 2004/2005, Aboriginal youth accounted for 21% of admissions to pre-trial detention. In comparison to pre-trial detention, Aboriginal youth accounted for a larger share of admissions to sentenced custody in both 2004/2005 (26%) and 2014/2015 (40%).

Call for Nominations for Denis Marshall Memorial Award for Excellence in Law Librarianship


The Canadian Association of Law Libraries (CALL) is seeking nominations for the Denis Marshall Memorial Award for Excellence in Law Librarianship:
"This award is an honour bestowed upon a current member of CALL/ACBD who has provided outstanding service to the Association AND/OR enhanced the profession of law librarianship in the recent past. The specific contributions  must reflect the qualities embodied by Denis Marshall:
  • a continued commitment to excellence in law librarianship;
  • a strong service ethic;
  • a commitment to continuous learning;
  • a significant contribution to the scholarship of the library profession;
  • mentoring and encouraging those who seek a profession in law librarianship;
  • the pursuit of innovation and/or innovative solutions;
  • and/or a contribution to leadership in the law library profession. "
    The name of the nominated person must be accompanied by two signed letters from colleagues in support of the nominee, with names and signatures of three additional CALL members supporting the nomination.

    Nominations should be sent in by April 1, 2017.

    January 2017 Issue of Governance and Recordkeeping Around the World


    The Governance and Recordkeeping Around the World newsletter, published by Library and Archives Canada (LAC), highlights issues pertaining to government and recordkeeping practices in the public and private sectors around the world.

    The January 2017 issue has just been published.

    It includes:
    • news items from Canada and around the world 
    • announcements of upcoming Canadian and international events (meetings, conferences, seminars) 
    • project and product news in areas such as digitization, archives, open source, e-government, access to information and Web 2.0 
    • listings of papers and readings (white papers, presentations, reports)

    Library-Related Highlights from the Canadian Government's 2015-16 Departmental Performance Reports


    Last month, the website published Highlights from the 2015-16 Departmental Performance Reports.

    Every year, the President of the Treasury Board, a federal Cabinet minister, tables Departmental Performance Reports (DPRs) on behalf of dozens of federal government departments and agencies:
    "Departmental Performance Reports are a measure of how well individual organizations met their plans and expected results as set out in their respective annual Reports on Plans and Priorities, including those for internal services."

    "Below are some highlights of interest to the Canadian library and information management community as identified by individual departments and agencies."
    The article includes excerpts from the DPR of the Supreme Court of Canada that covers IT risks (cyber attacks), electronic case management, the implementation of a new document management system by the Library and Information Management Branch and changes in the Court Records Centre.

    January 2017 Issue of In Session - E-Newsletter of Canadian Association of Law Libraries


    The January 2017 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.

    Supreme Court of Canada: New Library Titles


    The list of new library titles added to the Supreme Court of Canada collection in the month of December, 2016 is now available on the Court website.

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

    Supreme Court of Canada Calendar of Upcoming Hearings


    The Supreme Court of Canada has published its calendar of appeal hearings for January 2017.

    To find out more about any particular case, the Court's website has a section that allows users to find docket information, case summaries as well as facta from the parties. All you need to do is click on a case name.

    Winners of 2016 Canadian Law Blog Awards


    The winners of the 2016 Canadian Law Blog Awards (known as the Clawbies) were announced a few days ago.

    The prize for Best Canadian Law Blog went to The Court, a blog covering the Supreme Court of Canada that is produced by faculty and students at Osgoode Hall Law School in Toronto.

    The Best Law Library Blog award went to Robeside Assistance maintained by the County of Carleton Law Association library in Ottawa. Library Boy was a runner-up in that category. Cool!

    There were awards in many other categories.

    The Clawbires are organized by Stem Legal, a B.C.-based strategy firm.

    Supreme Court of Canada 2016 Review


    Ottawa-based Supreme Advocacy LLP recently published a Supreme Court of Canada 2016 Year-in-Review that provides a "complete legal snapshot of all the law from the SCC in 2016 (...) Each section is arranged in alphabetical order below by area of law so you can more easily find the decisions relevant to your practice."

    Supreme Advocacy LLP specializes in agent services (production, technical review, servicing and filing) as well as involvement as counsel (drafting leave applications or factums, preparing oral argument, and providing strategic advice) in front of Canada's top court.

    Statistics Canada Article on Impaired Driving in Canada


    The Statistics Canada publication Juristat has published an article entitled Impaired driving in Canada, 2015.

    It presents data on police-reported impaired driving, including data specific to drug-impaired driving. It looks at the age and sex of accused persons and the time of day or time of year when those incidents occur.

    Among the highlights:
    •  In 2015, police reported 72,039 impaired driving incidents, representing a rate of 201 incidents per 100,000 population. This is the lowest rate since data on impaired driving were first collected in 1986 (-65%) and 4% lower than in 2014.
    • Almost 3,000 drug-impaired driving incidents were reported, representing 4% of all impaired driving incidents, double the proportion in 2009, when data on drug-impaired driving became available. 
    • The majority of persons charged with impaired driving in 2015 were male. However, the proportion who were females has substantially increased over the past 30 years, from 8% in 1986 to 20% in 2015.
    • Young adults aged 20 to 24 years had the highest impaired driving rates. However, the largest declines in rates since 2009 were also observed among young drivers.
    • Almost half of impaired driving incidents reported by police in 2014 occurred between 11:00 p.m. and 4:00 a.m. This is also the time period which has shown the largest declines in recent years. Compared with alcohol-impaired driving, drug-impaired driving varies much less by day and time of day.
    •  Drug-impaired driving incidents were less likely to be cleared by charge than alcohol-impaired driving incidents. When heard by the courts, these cases also took longer to resolve and were less likely to result in a guilty finding.
    • At least 1 out of 6 persons accused in an impaired driving court case in 2014/2015 had been previously accused in another impaired driving case during the preceding 10 years.

    Library of Parliament Research Publication on Driverless Cars


    The Library of Parliament recently released a research publication on driverless cars entitled Automated and Connected Vehicles: Status of the Technology and Key Policy Issues for Canadian Governments (dated September 2016):
    "This document provides background information on automated and connected vehicles (AVs and CVs), and highlights some of the key policy issues related to their deployment. The first section defines AVs and CVs. The second section explains when these vehicles are expected to be deployed. The third section provides an overview of the potential benefits of this technology. Finally, the paper explains the federal government’s jurisdiction related to AVs and CVs and outlines some of the key policy challenges raised by the deployment of these vehicles."
    The new technology raises issues relating to safety standards, the management of wireless spectrum, policing, and privacy concerns, among many others.

    Macdonald-Laurier Institute 2016 Review of the Supreme Court of Canada


    The Macdonald-Laurier Institute, a public policy think tank based in Ottawa, recently released a report called The Supreme Court VS. Parliament Supreme Court of Canada 2016 Year in Review:
    "The Supreme Court vs. Parliament emerged as the top theme of this third annual review of the Supreme Court of Canada’s major decisions. In a series of dissenting and concurring reasons, five of the nine judges on the Court voiced harsh criticism at various times of the majority judges for inappropriately intruding on Parliament’s policy-making role. This is a serious critique that goes to the heart of the relative responsibilities of the Court versus Parliament."

    "Picking up where last year’s report left off, this report examines the legal significance and policy impact of the Supreme Court of Canada’s top-10 decisions from the last year (November 1, 2015 to October 31, 2016). These cases were selected based on the importance of their subject matter and broad significance to Canadians. While the start of the period covered by this report coincides with the commencement of the new Liberal government, decisions released during this period include litigation undertaken by both the former Conservative government as well as the new Liberal government."

    "The main findings of this year’s study are:

    1. A significant number of judges on the Supreme Court of Canada have been highly critical of their colleagues for intruding on Parliament’s policy-making role;
    2. of the top-10 decisions in the last year, the federal government had zero wins, six losses, two mixed result outcomes, and two cases where it did not participate; and
    3. major criminal justice reforms have been initiated by the Court to deal with significant concerns about delays and inefficiencies."
     It is the 3rd annual report on the country's top court written by University of British Columbia law professor Benjamin Perrin, Mr. Perrin once worked at the Court as a law clerk.

    Fall 2016 Issue of Law Library Journal


    The Fall 2016 issue of Law Library Journal is now available online. it is published by the American Association of Law Lbraries.

    Featured articles include:
    • The Need for Experiential Legal Research Education: "With most legal research courses having experiential components, designating legal research courses as experiential would allow schools to increase offerings in legal research and to meet the ABA’s newly expanded experiential course requirement. When structured appropriately, legal research courses clearly meet the requirements laid out in the simulation category of experiential courses."
    • Here Come Your New Colleagues: Are They Ready? A Survey of U.S. Library and Information Science Programs’ Education of Aspiring Law Librarians: "Law library professionals contend that they need some specialized training in law librarianship to perform effectively in their jobs. Based on that philosophy, the profession should determine whether U.S. library and information science programs are meeting the need for such instruction. This article explores whether the programs’ offerings are sufficient for educating aspiring law librarians."
    • Human Subjects Research Review: Scholarly Needs and Service Opportunities: "Academic law libraries have evolved to support new forms of legal research and instruction. Attendant to the rise in empirical legal research, law libraries could provide human subjects research review services. These interesting and value-added offerings leverage librarians’ regulatory analysis skills and contribute valuably to the campus research community." 
    • Discovering the Knowledge Monopoly of Law Librarianship Under the DIKW Pyramid: "Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm."

    New Canadian Association of Law Libraries Awards


    In the last year, Thomson Reuters established two (2) new awards for Canadian law librarians for which nominations are open until February 24, 2017.

    They are the:
    • Michael Silverstein Prize for $1500 for a Canadian Association of Law Libraries (CALL) member who has made an outstanding contribution to enhancing understanding, analysis and appreciation of primary law or legal taxonomy
    • Gisèle Laprise Prize for the same amount for an outstanding contribution by a member of CALL to an understanding and appreciation of the civil and common law systems in Canada
    The winners of both awards will be announced at CALL's next Annual General Meeting and Conference to be held in Ottawa in May 2017.

      Research Tips on Finding Canadian Grey Literature


      Bronwyn Guiton, Senior Librarian at the B.C. Ministry of Justice, and Lindsay Tripp, Copyright Librarian at Vancouver-area Langara College, have assembled a small Canadian primer on grey literature in a recent tip column for the website.

      The expression "grey literature" refers to materials produced outside traditional commercial or academic publishing and distribution channels and includes documents such as working papers, government documents, white papers, technical reports etc.:
      "In our own work, we have had ample opportunity to help clients dive deep into research topics through grey literature. Grey literature can be especially important when the client has budgetary constraints and limited access to specialized subscription-based databases. It can also be helpful when addressing either a very old or very new topic. New topics may not yet have been addressed by academic journals due to the long lead time required for vetting and publication. Older topics may no longer be addressed by current publications on the topic and relevant commentary may only be available through digitization of archived materials."

      Library of Parliament Article on National Day of Remembrance and Action on Violence Against Women


      The Library of Parliament blog HillNotes has published a brief article about the National Day of Remembrance and Action on Violence Against Women (December 6):
      "The National Day of Remembrance and Action on Violence Against Women – marked every year on 6 December – provides an opportunity to reflect on how violence affects women in Canada and how our communities can take action to end violence against women. Established in 1991 by the Parliament of Canada, the day commemorates the anniversary of the 1989 gender-based murders of 14 young women at l’École Polytechnique de Montréal."
      "In Canada and around the world, violence against women and girls remains a serious challenge. It impedes women’s full and equal participation in public life; it causes short- and long-term damage to women’s mental and physical health; and it hurts families and society as a whole."

      Favourite Songs about the Law


      The Law Library of Congress polled its staff in Washington, D.C. to find out "their favo[u]rite songs about the law or that somehow relate to law".

      In the first blog post about the results, rock or pop.Part II will look at the classical genre and musicals.

      Nominations Open for 2016 Canadian Law Blog Awards


      Nominations are now being accepted for the 2016 Canadian Law Blog Awards known as the Clawbies.

      As the organizers explain:

      "You can nominate a blog by:
      • Writing a blog post nominating up to three Canadian law blogs you currently read, with a brief explanation of why you think those blogs deserved an award in 2016.
      • Tweeting your nomination on Twitter, using the hashtag #clawbies2016" 
      The deadline for nominations is end of day on Thursday, December 22nd and the winners of the 2016 Clawbies will be announced on New Year’s Eve.

      December 2016 Issue of In Session: Canadian Association of Law Libraries' e-Newsletter


      The December 2016 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.

      Statistics Canada Report on Sexual Misconduct in the Canadian Armed Forces


      Stratistics Canada released a report earlier this week on Sexual Misconduct in the Canadian Armed Forces, 2016:
      "From April to June, 2016, active Regular Force and Primary Reserve members were invited to complete an electronic questionnaire asking about their experiences and perceptions of inappropriate sexualized behaviour, discrimination on the basis of sex, sexual orientation, or gender identity, and sexual assault within the Canadian Armed Forces. This included seeing, hearing or experiencing these types of behaviours within the military workplace, or outside the military workplace but involving other military members or Department of Defence employees or contractors. Responses were received from over 43,000 active members of the Canadian Armed Forces, including members of the Regular Force and Primary Reserve."
      Among the highlights:
      • In the past 12 months, just under 1,000 Regular Force members of the Canadian Armed Forces, or 1.7%, were victims of sexual assault (i.e., sexual attacks, unwanted sexual touching, or sexual activity to which the victim is unable to consent, which occurred in the military workplace or involving military members, Department of National Defence employees, or contractors). Unwanted sexual touching was the most common form of sexual assault, reported by 1.5% of Regular Force members.
      • Women in the Regular Force were more likely than men to be sexually assaulted (4.8% versus 1.2%) in the past 12 months.
      • Half (49%) of women who were victims of sexual assault in the past 12 months identified their supervisor or someone of a higher rank as the perpetrator. For male victims, a peer was most commonly the perpetrator (56%).
      • Among Regular Force members, 27.3% of women and 3.8% of men have been victims of sexual assault at least once since joining the Canadian Armed Forces. More specifically, 24.0% of women and 3.4% of men in the Regular Force have been victims of unwanted sexual touching, the most common type of sexual assault.
      • Four in five (79%) members of the Regular Force saw, heard, or were personally targeted by sexualized behaviour in the military workplace or involving other military members, Department of National Defence employees, or contractors, within the past 12 months.
      •  Sexual jokes were the most common type of sexualized behaviour in the workplace, seen, heard, or experienced by 76% of Regular Force members. Of those who reported sexual jokes in the workplace, almost half (46%) stated that they occurred ten or more times in the past 12 months.
      • One-third (34%) of Regular Force members saw, heard, or experienced discriminatory behaviour in the workplace in the past 12 months. This discrimination most typically took the form of suggestions that people do not act like men or women are supposed to act (22%).
      • Close to one in five (17%) Regular Force members were personally targeted by sexualized or discriminatory behaviour in the past 12 months. Women were twice as likely as men to report being personally targeted by sexualized or discriminatory behaviour in the workplace or involving military members (31% versus 15%).

      ABA Journal 10th Annual Blawg 100 List


      The ABA Journal has released its 10th annual list of "the 100 most compelling" law-related blogs, otherwise known as the Blawg 100.

      It has also published an article on What bloggers told us about the state of the legal blogosphere.

      2015-16 Annual Report of the Library of Parliament


      The annual report of the Library of Parliament for 2015-2016 is available.

      The Library, which provides research and information services to Canada's federal parliamentarians, produces many documents that are also very useful to the law librarian community, including HillNotes (blog-style overviews of important and emerging issues), in-depth background papers, and legislative summaries of bills before Parliament.

      Action Committee on Access to Justice in Civil and Family Matters Survey


      The Canadian Forum on Civil Justice (CFCJ) will lead a major project to publish a Status Report on the State of Access to Justice in Canada on behalf of the Action Committee on Access to Justice in Civil and Family Matters.

      The Action Committee was convened 2008 by the Rt. Honourable Beverley McLachlin, Chief Justice of Canada, to bring together stakeholders interested in improving access to civil and family justice in Canada.

      As a first step in the project, the  CFCJ is conducting a survey of access to justice organizations.