2017-03-23T12:51:09.495-04:00The Alberta Law Reform Institute has published a report that recommends the abolition of perpetuities law in Alberta :
"The Alberta Law Reform Institute (ALRI) recommends the abolition of perpetuities law in Alberta. Abolition has already occurred in Manitoba, Saskatchewan and Nova Scotia. Canada-wide abolition has been recommended by the Uniform Law Conference of Canada."The report discusses the situation in Alberta as well as the practices adopted in Manitoba, Nova Scotia, England and New Zealand.
"The common law rule against perpetuities (RAP) originated in England in the 17th century as a way to prevent landowners from using future or contingent interests to tie up property for generations. RAP creates a perpetuity period for such interests based on the length of a life or lives in being in existence at the creation of the interest, plus 21 years. At common law, a contingent interest is void if there is any uncertainty at the outset whether it will vest within the perpetuity period. Over the centuries the courts expanded the common law RAP to apply to virtually all future or contingent interests in property, regardless of whether the interest is real, personal, legal or equitable."
"In 1972, Alberta enacted the Perpetuities Act (the Alberta Act) to reform the worst complexities and excesses of the common law RAP, based on recommendations from ALRI (...)"
"With court variation statutes governing trusts and non-trust interests available to address perpetuities issues, ALRI believes it is time to abolish the common law RAP and repeal the Alberta Act which reforms it. Other Canadian provinces have abolished perpetuities law without any apparent major problems resulting from that decision. ALRI’s consultation feedback, coming largely from the legal profession, judiciary and trusts and estates professionals, indicates majority support for abolition. While these results are not scientific, they do at least anecdotally suggest that many professionals working in the area are now comfortable with the idea of doing away with specialized perpetuities law."
2017-03-22T18:57:29.657-04:00Library Journal released its 2017 list of Library Movers and Shakers:
"Now in its 16th year, LJ’s Movers & Shakers provides an annual snapshot of the transformative work being done by those in libraries of all types and sizes and across the field. At a time when individual and collective actions matter more than ever, the 52 people profiled here reflect the outsize impact librarians can have through the services and programs they deliver, their deep community connections and collaborations with partner organizations, and their one-on-one interactions with patrons."Winners were chosen in the following categories:
2017-03-22T18:52:52.713-04:00This week, the Toronto Star has published a fascinating three-part series called "Justice in Turmoil" on the crisis of chronic delays in Canadian courts. The series discusses the fallout from the Supreme Court of Canada’s 2016 ruling, R v. Jordan, which set strict timelines to bring an accused person to trial.
2017-03-21T16:12:36.669-04:00The GlobaLex collection at New York University Law School has updated its research guide on International Arbitration Between Foreign Investors and Host States (Investor-State Arbitration):
"International arbitration between a foreign investor and a host State results from their agreement to solve their disputes in this manner. That agreement may take the form of a contractual provision (including those in a legal stability contract or a subsequent arbitral agreement), but increasingly it is the result of a foreign investor accepting a State’s standing offer to arbitrate disputes in international investment agreements (IIAs); primarily bilateral investment treaties (BITs) and free trade agreements with an investment chapter... "Related Library Boy posts include:
"According to the United Nations Conference on Trade and Development (UNCTAD), there are over 3,286 IIAs in force. States often make information about IIAs. they are party to available online in order to promote investment and increase the transparency of their investment climate. Foreign affairs and trade ministries, relevant sectoral authorities and trade and investment promotion authorities are natural sources for this information."
2017-03-20T18:07:17.069-04:00The website Librarianship.ca has published Highlights from the from the 2017-18 Departmental Plans.
2017-03-20T18:00:33.474-04:00The list of new library titles added to the Supreme Court of Canada collection from March 1st to 15th, 2017 is now available on the Court website.
2017-03-19T17:41:56.810-04:00The Association of Research Libraries (ARL) has released a new publication entitled ARL Academic Law Library Statistics 2014-15 (available for purchase: $170US).
2017-03-18T18:25:23.966-04:00The University of Virginia School of Law has launched the Gorsuch Project, a website devoted to the career of Neil Gorsuch, US President Donald Trump’s nominee to fill the vacancy left on the US Supreme Court by the death of Justice Antonin Scalia in 2016:
"Hearings on the nomination of the Honorable Neil Gorsuch to the U.S. Supreme Court are scheduled to begin March 20 and interest in the nominee’s judicial record is high. To assist researchers, we’re proud to announce the launch of the Neil Gorsuch Project, a website that assembles all of Gorsuch’s written opinions, as well as concurrences and dissents he either wrote or joined as a judge for the Tenth Circuit Court of Appeals. Lists of published articles and speeches by Gorsuch are also included."Earlier Library Boy posts about the nomination include:
"The idea for the Gorsuch Project was born after law librarians from several universities and government offices faced a similar question from their patrons: 'Find as much information about the new Supreme Court nominee as possible'."
2017-03-16T12:45:21.987-04:00Last week the Library of Parliament's main branch in Ottawa opened an exhibition entitled Foundations: The Words that Shaped Canada:
"Over the coming months, people visiting or using the services of the Library’s main branch will have the opportunity to view the following six documents on loan from Library and Archives Canada:
As the title of the exhibit suggests, these documents mark important stages in Canada’s constitutional development. But it is worth noting that each one has its own story that deserves to be told (...)
- the British North America Act (1867);
- Canada’s first Speech from the Throne (1867);
- the North‑West Territories Proclamation (1869);
- the Statute of Westminster (1931);
- the Canadian Bill of Rights (1960); and
- the Proclamation of the Constitution Act,1982.
The exhibit Foundations: The Words That Shaped Canada is an exceptional opportunity to see six of the most important documents in our history together in one place. Visitors can use touch screens to access additional information on the era, the circumstances surrounding the writing of the documents and their impact on Canada’s development."
2017-03-15T18:17:18.847-04:00This is a follow-up of the January 26, 2017 posy entitled Supreme Court of Canada Tackles Link Rot With New Online Archive.
2017-03-14T12:34:10.107-04:00The Canadian Association of Law Libraries (CALL) is hosting a webinar on April 5, 2017 called Uncovering UN Treaties. It starts at 1PM Eastern time:
"This session will provide an introduction to the UN Treaty Website. Participants will learn about the main databases available from the UN Treaty Website: the UN Treaty Series and the Multilateral Treaties deposited with the Secretary-General, and how best to search them. Additionally, participants will be introduced to a few other UN publications and websites helpful in treaty research."The speaker is Susan Goard, law librarian at the Dag Hammarskjold Library at the United Nations headquarters in New York.
2017-03-13T14:42:05.216-04:00Dr. Eugene Garfield, who invented citation analysis in the field of library science some 50 years ago, died in late February at the age of 91.
2017-03-13T14:31:04.493-04:00The Supreme Court of Canada has published its calendar of appeal hearings for March 2017.
2017-03-11T20:56:12.688-05:00The Canadian Association of Law Libraries (CALL) Mentorship Program is accepting applications for mentees and mentors for the coming year.
"The CALL Mentorship Program is an initiative intended to connect law library professionals pursuing new professional development with more experienced professionals. The program aims to foster positive relationships between members that will promote growth, leadership, and commitment to the profession. Mentees can come from any background in legal librarianship or even straight from a library program at the university or college level. There is no maximum number of years in the profession for mentees - if you feel that you would like to grow as a professional in your job or your new tasks, and would benefit from the guidance and support of another professional, then being a mentee could be for you. Similarly, mentors can come from any area of legal librarianship with no set minimum number of years in the profession. As a guideline, however, we suggest five years’ experience. Mentors have the opportunity to help in the professional growth of a colleague and, by extension, strengthen legal librarianship as a profession. Mentors may also find the partnership enables their own professional growth and heightens engagement in the profession and the CALL community."A new addition to this year’s program is the offering of writing mentorship. Perhaps your job requires you to write/publish academically or you’re looking for some advice and coaching to develop your own writing portfolio. If so, CALL has mentors who would be happy to share their experience and offer guidance to interested mentees.
2017-03-09T13:07:35.357-05:00This week, the Government of Canada announced its plans to introduce legislation to remove or amend parts of the Criminal Code that have been declared unconstitutional by the courts:
"The removal of these provisions would eliminate the possibility that someone could mistakenly be charged, prosecuted or even convicted under provisions that are no longer in force."These provisions that have no force of law but that still appear as part of the Criminal Code are often called "zombie laws".
2017-03-08T18:14:42.464-05:00The Law Commission of Ontario (LCO) has released its Final Report on Legal Capacity, Decision-making and Guardianship.
"Legal capacity, decision-making and guardianship laws affect thousands of Ontarians and their families every day. Most obviously, these laws affect the approximately 17,000 Ontarians who are currently subject to some kind of a guardianship order or the thousands of others whose capacity is assessed as part of obtaining consent to health care treatments, for admission to residency to a long term care home, or as part of the provision of many other services. In addition, every Ontarian who has ever granted or been given a power of attorney is affected by this area of law (...)"The report makes a number of proposals that would reduce abuse of vulnerable individuals, including elder abuse and reduce misuse and abuse of powers of attorney though better education, transparency and monitoring.
"Does the System Reﬂect Contemporary Needs?
Over the years, Ontarians have developed increasingly nuanced and sensitive understandings of the needs and capabilities of the individuals, families, and others affected by these laws. The Final Report considers whether the system in Ontario reflects and responds to these understandings. The LCO considers needs from multiple perspectives, including persons directly affected, families, service providers and professionals, and others. The LCO also considers needs in light of demographic and social trends, changing family structures, and Ontario’s cultural and linguistic diversity."
"Is the System Working on the Ground?
The LCO’s Final Report discusses the legislative framework and objectives of Ontario’s capacity, decision-making and guardianship system at length. The Final Report considers whether Ontario achieves these objectives in practice. In other words, the project considers whether there is gap between the formal law – as expressed in statutes – and lived experience of the legislation. Understanding and addressing the “implementation gap” is an important theme in the Final Report."
"Are the System’s Legal Protections Adequate and Accessible?
Meaningful access to justice underpins the entire legal capacity, decision-making and guardianship system. Effective and appropriate mechanisms for dispute resolution and rights enforcement are therefore a priority in the Final Report."
2017-03-07T19:52:50.511-05:00CAIJ, the Centre d'accès à l'information juridique (the network of courthouse law libraries associated with the Québec Bar Association), has signed resource sharing agreements with many major law firms in Québec that make their legal commentary freely available on the CAIJ website.
2017-03-06T18:22:12.800-05:00The Alberta Law Reform Institute recently released its final report on A New Trustee Act for Alberta:
"In 2007, the Uniform Law Conference of Canada (ULCC) undertook a project on trustee legislation reform. The goal of the project was to develop a modern trust statute that would be suitable for enactment across Canada."
"This Report recommends that the Uniform Trustee Act, 2012 [Uniform Act] be adopted in in Alberta. However, certain aspects must be enhanced, tailored and clarified to reflect Alberta’s particular needs (...)"
2017-03-05T16:37:53.659-05:00Last week, Statistics Canada published an article on Youth correctional statistics in Canada, 2015/2016.
2017-03-05T16:35:57.131-05:00Last week, the Statistics Canada publication Juristat published an article on Adult correctional statistics in Canada, 2015/2016.
2017-03-04T16:24:15.931-05:00In late February, we hosted a focus group at my place of work to ask staff lawyers what they thought of our library reference services.
2017-03-02T14:14:42.348-05:00The list of new library titles added to the Supreme Court of Canada collection from February 16 to 28, 2017 is now available on the Court website.
2017-03-02T14:11:07.466-05:00The March 2017 issue of In Session is available online.
2017-03-01T17:58:52.347-05:00The Supreme Court of Canada has published a statistical overview of its work for the decade from 2006 to 2016.
2017-02-28T12:49:06.361-05:00GlobaLex, the electronic collection created by the Hauser Global Law School Program at the New York University School of Law, recently updated its research guide entitled Foreign Law - Subject Law Collections on the Web. The majority of the sites listed are available for free on the web with a few exceptions (subscription databases). The guide covers: General Multi-Subject ResourcesAnimal LawAntitrust/Competition LawBankruptcy/Insolvency LawCommercial Law (including arbitration, business entities, securities, trade, banking, and taxation)Constitutional LawCriminal Law and ProcedureElection LawEnvironmental LawHuman Rights (including child law, disability law, family law, gender law, health law, LGBT law, and refugee / asylum law)Intellectual Property LawLabor and Employment Law (including occupational health / safety and social security)Legal Profession and PracticeMaritime and Air and Space LawMilitary/Armed Conflict/Terrorism LawProperty LawPublic Administration LawReligion and LawTechnology / Data LawTort Law [...]