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Library Boy



Legal research news from an Ottawa law librarian



Updated: 2018-01-19T07:35:30.578-05:00

 



Registration Open for 2018 Halifax Conference of Canadian Association of Law Libraries

2018-01-17T19:33:20.877-05:00

Registration is now open for the 2018 annual conference of the Canadian Association of Law Libraries.

The event is taking place in Halifax, Nova Scotia from May 27th – 30th.

A preliminary Conference program is available on the Conference website. An enhanced version of the Conference program complete with more info will be available at the end of the month.



Blog Series for 10th Anniversary of Supreme Court Dunsmuir v New Brunswick Decision

2018-01-16T20:18:57.607-05:00

Dunsmuir v. New Brunswick, 2008 SCC 9 has become the most cited Canadian court decision ever.

It will soon the 10th anniversary of what many scholars believe is the decision that rewrote Canadian administrative law.

To mark the occasion, the blogs Double Aspect and Administrative Law Matters will be publishing a series of posts by major scholars between now and the anniversary date (March 7):
"These contributions will subsequently be published in the Canadian Journal of Administrative Law & Practice, the overall goal being to enrich discussion of Canadian administrative law and to blend new and old forms of legal writing. Contributors will be encouraged to edit their contributions in light of comments received from blog readers and other discussants on social media ― so don’t be shy!"
 Posts will cover:
  • The Background to Dunsmuir 
  • The Philosophy of Dunsmuir 
  • Correctness Review 
  • Reasonableness Review 
  • Dunsmuir and Fairness 
  • Dunsmuir and the Constitution 
  • Indigenous Peoples and Dunsmuir 
  • Teaching Dunsmuir 
  • Judicial Perspectives 
  • Comparative Perspectives 
  • The Effects of Dunsmuir




Report on Mental and Physical Health Costs of Everyday Legal Problems

2018-01-15T18:42:17.954-05:00

The Canadian Forum on Civil Justice recently produced a report on The Cost of Experiencing Everyday Legal Problems:
"This summary report explores the relationship between health issues, civil and family justice problems in Canada and public spending on health care. Using findings from the Canadian Forum on Civil Justice’s (CFCJ) national Everyday Legal Problems and the Cost of Justice in Canada study this report will look at different civil justice problem types, identify trigger problems and explore an often overlooked factor that impacts physical and mental health and public spending on health care in Canada: civil and family justice problems."
The CFCJ is a national not-for-profit organization dedicated to access to justice research and advocacy. It was established by the Canadian Bar Association and is affiliated with Osgoode Hall Law School in Toronto.



Supreme Court of Canada: New Library Titles

2018-01-15T18:37:00.534-05:00

The list of new library titles added to the Supreme Court of Canada collection from January 1 to 15, 2018 is now available on the Court website.

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



Canadian Association of Law Libraries Webinar on Aboriginal and Indigenous Law

2018-01-14T21:27:00.451-05:00

The Canadian Association of Law Libraries (CALL) is hosting a webinar on February 8, 2018 called Intersections with Aboriginal and Indigenous Law .

It starts at 1PM Eastern time.

The speaker will be Naiomi W. Metallic, Assistant Professor at the Schulich School of Law at Dalhousie University:
"[The presentation] will examine the numerous areas of Canadian law wherein the Indigeneity of one or more of the parties involved in a dispute will impact either the procedural or substantive outcome in law. Participants will learn how areas such as Torts, Property, Family Law, Public Law, Commercial Law, Administrative Law, etc. intersect with Aboriginal or Indigenous Law. These concepts will be defined, and participants will learn that these areas are confined to Aboriginal and Treaty Rights."



New Law Librarians' Institute 2018

2018-01-14T21:21:50.743-05:00

The Canadian Associartion of law Libraries is sponsoring the 2018 New Law Librarians' Institute (NLLI) at the University of Calgary from June 19 - 22, 2018.

It is:
"an intensive, week-long program aimed at developing librarians' skills in the key competencies of law librarianship. The program will feature expert instruction from law librarians and law professors, small class size and a mix of lectures and practical sessions. Learn more about torts, contracts, criminal and constitutional law and supporting legal research. "
More information will be posted soon.




Survey of Plans for Law Library Print Materials Collection

2018-01-14T21:16:45.746-05:00

New York-based Primary Research Group is surveying law libraries in the United States and Canada about their plans for their print materials collection:
"Survey participants receive a free PDF copy of the report generated from the survey data. The survey is open to law libraries in the United States and Canada. Survey data is aggregated and respondents are not identified in open ended questions unless they identify themselves."



Most Recent Issue of LawNow: Children in the Justice System

2018-01-11T18:26:16.201-05:00

The most recent issue of LawNow is available online.


The magazine is published by the Centre for Public Legal Education Alberta.

The issue features a series of articles on children in the justice system as well as a special report on tax reform.. 



January 2018 Issue of Governance and Recordkeeping Around the World

2018-01-10T19:16:20.280-05:00

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 2018 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 and IM-Related Highlights from the 2016-17 Departmental Results Reports

2018-01-09T16:12:47.985-05:00

The website Librarianship.ca has published Highlights from the 2016-17 Departmental Results Reports.

Every year, the Treasury Board tables performance reports in the House of Commons on behalf of dozens of federal government agencies and departments.
"Departmental Results Reports replace the former Departmental Performance Reports, which are part of the Estimates and Supply process. They provide details on an organization’s mandate, commitments and results achieved."

"Below are some highlights of interest to the Canadian library and information management community as identified by individual departments and agencies."



January 2018 Issue of In Session - E-Newsletter of Canadian Association of Law Libraries

2018-01-08T20:52:05.483-05:00

The January 2018 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.



Part Three of LLRX Series on State of Law Library eBooks 2017-18

2018-01-07T15:46:15.388-05:00

Ellyssa Kroski, Director of Information Technology at the New York Law Institute (NYLI), has written a three-part series about e-books for the website LLRX.com.

The third and last article appeared on December 31, 2017:
"This article will discuss our hybrid model at NYLI and how we’re utilizing aggregators and individual publisher platforms as well as subscription models and patron-driven acquisitions to create the largest and most comprehensive eBook collection of any membership law library in the US."
Parts One and Two of the series appeared earlier in the fall of 2017.



January/February 2018 Issue of AALL Spectrum

2018-01-04T19:47:08.603-05:00

The January/February 2018 issue of AALL Spectrum is now available online.

It is the monthly publication of the American Association of Law Libraries.

Among the feature articles are:
  • Securing Professional Development: Getting to Yes
  • The Journey Starts Here: Finding Your Path to Career Fulfillment
  • Eight Ways Law Librarians Can Jump-Start Productivity
  • Job Interview Goals: Perspectives From Both Sides of the Table



Law Library of Congress Report on Mandatory Deposit Laws

2018-01-03T19:27:52.352-05:00

The Law Library of Congress has published a 2017 update to its report on Mandatory Deposit Laws in Selected Jurisdictions:
"This report contains data on 131 countries, indicating whether or not published books are subject to a mandatory deposit requirement at the national level and, if so, how many copies are required, where they must be deposited, and whether the deposit is part of the copyright system. Citations to the controlling legislation for mandatory deposits are provided. In all but thirteen of the jurisdictions surveyed, deposits are required. For some of these thirteen jurisdictions, deposits are voluntary, while in others, no information regarding deposit practices could be found. Asterisks in the copyright system column indicate that the deposit requirement is contained in the copyright law."



Winners of 2017 Canadian Law Blog Awards

2018-01-02T18:52:04.831-05:00

The winners of the 2017 Canadian Law Blog Awards (known as the Clawbies) were announced a few days ago.

The prize for Best Canadian Law Blog went to Cowling Legal, which the organizers describe as a blog that "combines sharp insights into the Canadian litigation landscape and timely commentary on vital social issues with terrific writing and a unique personal style".

The Best Law Library Blog award went to Legal Sourcery maintained by the Law Society of Saskatchewan.

There were awards in many other categories.

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



Supreme Court of Canada Calendar of Upcoming January 2018 Hearings

2018-01-02T18:25:42.774-05:00

The Supreme Court of Canada has published its calendar of appeals that will be heard from January 8 to January 19, 2018.

To find out more about any particular case, click on the docket number in parentheses next to each case name to find docket information, case summaries as well as facta from the parties.



Supreme Court of Canada: New Library Titles

2018-01-02T18:22:33.861-05:00

The list of new library titles added to the Supreme Court of Canada collection from December 16 to 31, 2017 is now available on the Court website.

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



International Federation of Library Associations Publishes 2017 Trend Report

2017-12-21T18:02:47.554-05:00

The International Federation of Library Associations (IFLA) has published its 2017 Trend Report:
"In the global information environment, time moves quickly and there's an abundance of commentators trying to keep up. With each new technological development, a new report emerges assessing its impact on different sectors of society. The IFLA Trend Report takes a broader approach and identifies five high level trends shaping the information society, spanning access to education, privacy, civic engagement and transformation. Its findings reflect a year’s consultation with a range of experts and stakeholders from different disciplines to map broader societal changes occurring, or likely to occur in the information environment."



Canadian Federation of Library Associations Fall Update

2017-12-21T17:59:21.065-05:00

The Canadian Federation of Library Associations Executive Director Katherine McColgan has provided an update of the organization's many activities since September 2017.



Victoria Law Reform Commission Consultation Paper on Neighbourhood Tree Disputes

2017-12-20T19:26:44.433-05:00

The Victoria Law Reform Commission (based in Melbourne, Australia) has published a consultation paper on Neighbourhood Tree Disputes:
"[...] neighbour proximity and trees are not always a happy meld. In an increasingly urbanised environment, people’s decisions about their land and the trees on it can have significant effects on their neighbours’ homes and lives. Neighbour tree disputes are the third largest category of dispute that comes before the Dispute Settlement Centre of Victoria."

"Many people are involved in disputes about trees each year, including disputes about encroaching roots and branches and about trees which cause damage or harm. The methods for resolving such disputes— ranging from informal negotiation to litigation—can be unclear and unnecessarily confusing. A number of Australian states have recently enacted specific legislation to provide processes for resolution, and to identify more clearly parties’ rights and responsibilities."

"The Victorian Law Reform Commission is examining the current operation of the relevant laws and processes in Victoria governing neighbourhood tree disputes. The inquiry forms part of the Commission’s community law reform program, which enables members of the community to contribute their ideas on how to improve Victorian law, and which is a valuable and important part of the Commission’s functions. In order to contain the size of the inquiry as required by the Victorian Law Reform Commission Act 2000 section 5(1)(b), the inquiry does not consider disputes about light or views, important though they are to those affected, nor does it consider disputes concerning trees situated on public land. The Commission’s priority is upon effective and efficient resolution of disputes between neighbours about trees on neighbouring private land that cause interference, damage or harm."

"The Commission has undertaken this inquiry following suggestions from community members, a number of which were based on their own experience of trying to resolve a neighbourhood tree dispute."



Scottish Law Commission Report on Defamation

2017-12-20T19:17:49.759-05:00

The Scottish Law Commission recently published its final report on defamation.

From the press release:
"The Report includes draft legislation designed to modernise the law for the age of the internet and social media. The draft Bill is the most substantial proposed reform of defamation law in Scottish legal history (...)"

"The Report recommends that some old legal rules around defamation should be swept away; for example, it recommends that it should no longer be possible to sue where a defamatory statement is made only to the person who is the subject of it and no-one else – in that case there cannot realistically be any damage to reputation."

"The Report also proposes that where a statement has not caused serious harm to reputation there should be no right to sue. This is to prevent defamation actions being used as a weapon by the rich and powerful to try to silence unwelcome criticism."

"The Report recommends that Scots law should explicitly recognise a defence of publication on a matter of public interest. This is important for investigative journalism."

"Under the present law a person can allow three years to go by before suing for defamation. The Report concludes this is too long. Where there has been genuine damage to reputation this should become clear quickly. So the Report recommends that the three year time limit should be reduced to one year. This would be in line with best international practice."



Charterpedia - Canadian Government Makes Relevant Case Law on Charter of Rights Available

2017-12-20T19:13:00.968-05:00

Justice Canada recently launched Charterpedia.

The website:
"provides legal information about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law, and citations to Supreme Court of Canada decisions are hyperlinked whenever possible."
 Cool.



Archived Video of Gala Honouring Chief Justice Beverley McLachlin

2017-12-17T15:43:51.126-05:00

The Right Honourable Beverley McLachlin was honoured at an Ottawa gala on the eve of her retirement, December 14, 2017.

Prime Minister Justin Trudeau, former prime minister Brian Mulroney and former governors general David Johnston and Adrienne Clarkson paid tribute to Canada’s longest-serving chief justice. The event was organized by the National Judicial Institute.

The archived video is available on CPAC’s website.



Canadian Federation of Library Associations Statement on US Net Neutrality Protection Elimination

2017-12-17T15:44:29.785-05:00

The Canadian Federation of Library Associations (CFLA) issued a statement a few days ago criticizing the decision by the American Federal Communications Commission to end what is known as "net neutrality":
"The Order named 'Restoring internet freedom' aims to remove the 2015 Open Internet Order clause that requires: transparency (network management practices, performance characteristics, and terms and conditions of services must be made available); and, no unreasonable discrimination (providers cannot discriminate the transmission of lawful network traffic)."

" 'Net neutrality is required to ensure there is equitable access for all, to all types of information on the internet. The removal of Net Neutrality Protection would allow corporations to provide priority services for those willing to pay more, and disenfranchise those without the ability to pay'," stated Peter Bailey, CFLA-FCAB Chair. 'CFLA-FCAB fully supports the statements put forward by the American Library Association and the Association of Research Libraries in encouraging the United States Congress to vote against this Order'."





Supreme Court of Canada: New Library Titles

2017-12-17T15:45:40.501-05:00

The list of new library titles added to the Supreme Court of Canada collection from December 1 to 15, 2017 is now available on the Court website.

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