Supreme Court of Canada: New Library Titles
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Legal research news from an Ottawa law librarian
"This new segment of the portal expands our coverage for the first time beyond the United States."Tim Knight, Associate Librarian and Head of Technical Services at the Osgoode Hall Law School Library in Toronto, provided some background on the Indigenous Law Portal in a post published on Slaw.ca in August 2014.
"The Canadian portion of the Indigenous Law Portal is divided into three regions: Eastern, Western, and Northern Canada. These regions closely follow the recently updated K Class – Law Classification. In addition to the regions, you can browse the legal information by province or alphabetically."
Whether you were unable to be with us in Ottawa or you want to access some of the resources made available by the conference presenters… this is the place for you!The conference took place June 3-5, 2015.
In this special post-conference section, you will find various items related to the 2015 CLA National Conference. A number of our speakers have provided copies from their sessions that include things such as Microsoft PowerPoint Shows, handouts, resource lists, etc. These files are for reference only.
Labels: web 2.0
"Reporting criminal victimization to police was generally highest for incidents of break and enter, or theft of a motor vehicle or parts, while police were rarely made aware of spousal violence incidents and sexual assaults, according to data from the 2009 General Social Survey (GSS) on Victimization."
"About one in three self-reported victimization incidents came to the attention of police in 2009. Break and enter (54%), as well as theft of motor vehicles or parts (50%) had the highest rates of reporting to police. The proportion of incidents reported to the police climbs to 90%, when considering only completed thefts of a motor vehicle, that is excluding attempts and thefts of motor vehicle parts."
"Police, however, were seldom called for sexual assaults committed by someone other than a spouse, making it the offence with the highest level of underreporting. Almost 90% of sexual assaults by a non-spousal perpetrator were never reported to police. Underreporting was most pronounced for unwanted sexual touching, with 93% of incidents going unreported."
"There is nothing in the law, for example, that defines which detainees can or should be transferred to jails. And once they are in jail, it's not at all clear which authority retains responsibility over them—the Canada Border Services Agency (CBSA) or provincial correctional officials. Because Canada has no mandated legal limit on the length of time an immigration detainee can be held, some are left languishing behind bars for months and years with no clear end in sight. This situation leaves them with fewer rights than convicted criminals. It also puts Canada in a very special position, as one of the only standard-setting countries that does not impose either a legally mandated limit on migrant detention or a soft limit that's been determined by the courts (...)"
"The upswing in migrant detention is something relatively new for Canada, whose reputation up until about a decade ago was one of welcome and compassion for refugee claimants and asylum seekers arriving at its borders. 'Canada was seen as one of the better countries up until very recently,' says Stephanie J. Silverman, PhD, a course coordinator at the U of T Centre for Ethics who has studied and written extensively about detention in the United Kingdom, United States and Canada. 'Release was always preferable to detention. It really was kept as a last resort, which is how it must be if you're going to follow international law and human rights standards'. "
"Things started to change, she says, with an increased emphasis on law and order. Canada adopted changes to its Immigration and Refugee Protection Act, accompanied by a new list of new regulations. Irregular arrivals from certain countries could be subject to mandatory detention, and authority over the CBSA had already been transferred from Citizenship and Immigration to Public Safety and Emergency Preparedness. Border agents became first and foremost officers of law enforcement tasked with keeping perceived danger out, rather than facilitating the entry of newcomers into Canada (...)"
"According to Silverman's research, the CBSA claims it releases about three quarters of detainees after 48 hours and that 90-95 per cent of asylum applicants are released into the community. Nonetheless, according to the IHRP report, in 2013 the CBSA detained more than 7300 migrants. Thirty per cent were held in jails, many mixed in among the criminal population. They wear prison-issued jumpsuits. They can be subject to lockdowns and periods of solitary confinement. Many don't speak English and have no easy access to interpreters or legal counsel. "
"The winning title was commended for providing an important, foundational service to the teaching of the law as discipline, successfully mixing theory and practice. Judges praised the accessibility of its content, encouraging readers to spend time with the articles. Notably, as teachers of information literacy ourselves, the potential of the title to add significant value to the work of the individual legal information professional was remarked upon by the panel (...)"The Award was presented on June 12th in Brighton during the BIALL Annual Conference. BIALL is a sister association of the Canadian Association of Law Libraries.
"The report features 94 recommendations to facilitate reconciliation and address the legacy of residential schools, including a set of recommendations relating specifically to museums and archives. Given the challenging past relationship between the TRC and archival institutions these recommendations are perhaps not surprising."
"The TRC went to court in 2012 and 2013 to gain access to archival records relating to residential schools held by Library and Archives Canada. The Commission’s recommendations go beyond the issue of access. It also includes calls to action relating to best practices, commemorative projects, public education, and compliance with the United Nations Declaration on the Rights of Indigenous Peoples."
"In terms of public education and commemorative projects the Commission urges the federal government to work with Aboriginal peoples and the Canadian Museums Association to establish funding for commemoration projects for the 150th anniversary of Canada relating to reconciliation. It also calls for Library and Archives Canada to commit additional resources to education and programming on residential schools."
"The executive summary pointedly notes that museums and archives 'have interpreted the past in ways that have excluded or marginalized Aboriginal peoples’ cultural perspectives and historical experience….as history that had formerly been silenced was revealed, it became evident that Canada’s museums had told only part of the story.'(p. 303)"
"The legal research reports listed below by topic provide commentary and recommended resources on issues and events. These reports are provided for reference purposes only and do not constitute legal advice. The information provided reflects research undertaken as of the date of writing, which has not been updated unless specifically noted."The topics covered range from "Adoption, Custody, and Parentage" to "War Crimes, Terrorism, and National Security".
"In 2013, three primary motivations accounted for 95% of hate crimes. Hate crime motivated by hatred of race or ethnicity represented about half (585 or 51%) of all hate crime incidents, followed by religious hate crimes (326 or 28%) and crimes motivated by hatred of a sexual orientation (186 or 16%) ..."
"Although the number of hate crimes reported by police declined from 2012, some characteristics of these crimes remained constant. For example, among hate crimes related to race or ethnicity, Black populations were still the most frequently targeted (22% of hate crimes of all types). For religiously motivated hate crime, there has also been little change over time, with hate crimes targeting Jewish populations still the most common (16% of hate crimes of all types)."
"Overall, the majority (60%) of hate-motivated crimes reported by police involved non-violent offences. Mischief, which includes vandalism, graffiti and other forms of property destruction, was the most commonly reported offence among police-reported hate crimes, making up half of all hate crime incidents. This was especially true for religious hate crimes, where 72% were mischief offences."
"Willett humors his more than 17,000 followers with 140 characters about Texas pride, life with his children — whom he dubs the 'wee Willetts' — and the occasional law lesson. Often, tweets contain eye-roll-worthy memes, Dad jokes and puns."Readers can follow Justice Willett on Twitter at @JusticeWillett.
"Instructions to judges on how to use social media are still being formulated, as the technology is still relatively new to the judiciary branch. But Willett embraced the communication tool early, garnering plenty of media attention and topping many 'must-follow' lists (...)"
"Typically, judges avoid revealing their opinions other than published, in-court ones. And rules regarding social media have only just begun to come out, such as last year, when the American Bar Association issued a formal opinion recognizing social media as 'a valuable tool for public outreach'."
"The Texas Code on Judicial Conduct instructs judges to observe high standards of conduct and avoid extracurricular activities that interfere with the proper performance of judicial duties. The state's Commission on Judicial Conduct enforces the code, which executive director Seana Willing said already includes communication rules applicable to all modes."
"But new rules will likely be adopted soon, Willing said, as the body is involved in its first appeal to the state Supreme Court over a district judge who was sanctioned for misusing Facebook."
"... the ALRC’s recommendations for amendment to s 223(1) acknowledge that linking between the pre-sovereign laws and customs and their modern counterpart is necessary, but carefully targeted recommendations are directed to reducing the impact of the connection requirements where they have introduced more stringency than may be evident from the current definition of native title in s 223(1). The capacity for traditional laws to adapt, evolve and develop and that requirements for continued acknowledgment of laws and customs not be unduly onerous, is an important means of addressing the challenge of change in Aboriginal and Torres Strait Islander communities, while still reflecting the significance of the recognition of traditional connection to land and waters (...)"
"In summary, the recommendations are intended to (...)
The report also looks at aboriginal title in Canada and New Zealand.
- acknowledge that, while retention of a focus on traditional laws and customs is important, the law should be flexibly applied to allow evolution, adaptation and development of those laws and customs and succession to native title rights and interests;
- expedite the claims process by removing ‘substantially uninterrupted continuity’ and the ‘normative society’ requirements as a strict necessity and refocusing on the core elements of the definition of native title;
- facilitate the drawing of inferences of fact in defined circumstances, while recognising that the extent of evidence required to establish native title is in tension with the object of the Act to recognise and protect native title;
- provide statutory reflection of the principles developed by the High Court that recognised that a native title right may be exercised for any purpose—commercial or non-commercial and to include a native title right to trade in a non exhaustive list of native title rights and interests;
- strengthen the internal governance of the claim group by clarifying the functions, powers and duties of the applicant (...)"
"There are two goals: (i) to give a sense of what law school students study and learn in their first year criminal law class, and (ii) to provide practical tips on researching criminal law issues. "It is part of CALL's 2014-2015 series of webinars on substantive law.
"Questions / topics to be covered will include:
- How is criminal law taught in law school?
- More specifically, the following concepts will be discussed:
- Research tips for researching criminal law
- Mens rea/ actus reus
- Indictable offences versus summary conviction offences
- Strict liability offences
- Criminal Code offences versus provincial offences
- Creating your own research guides and pathfinders for researching criminal law"
"[The SIS] recognizes an increasing need among our members to gain experience in working with foreign legal information sources and to develop personal and professional relationships with law librarians around the world. Through the Clearinghouse for Internships & International Personnel Exchanges we seek to channel information to interested law librarians on opportunities to visit libraries abroad."It is currently updating its list of opportunities. Institutions interested in being placed on this list as a potential host site are invited to complete a survey.
"Completing this information in no way obligates you to accept specific individuals seeking internships, visits, or exchanges, or in fact to accept any individuals at all. This survey is designed to serve an informational function only."
"The results of this survey will be compiled by the Internships & International Exchanges Committee and made available via the AALL FCIL SIS website so that interested individuals may contact potential institutions and attempt to arrange internships, visits, or exchanges."
Labels: correctional services