New Journals Issues – February 2017

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By Sarah Roussel-Lewis

The Advocates’ Quarterly
Volume 46, Number 3 (January 2017)

  • Getting In, Getting Heard, Getting Practical: Intervening in Appellate Courts Across Canada / Eugene Meehan, Marie-France Major and Thomas Slade
  • The Scope of Protection Provided by Apology Legislation in Canada with Emphasis on the Patient-Health Care Provider Relationship / Diana Ginn and Rachel Boyle
  • The Shifting Landscape for Expert Witnesses: Substantive Changes or Lateral Movements? / Christine Porretta
  • The Discrete Functions of Courts of Probate and Construction / Albert H. Oosterhoff
  • Settlement Conferences in the Ontario Small Claims Court / Mark Gannage and Michael Bay

 

Canadian Journal of Criminology and Criminal Justice
Volume 59, Number 1 (January 2017)

  • Validating the Predictive Accuracy of the Static Factors Assessment (SFA) Risk Scale for Federally Sentenced Offenders in Canada / L. Maaike Helmus and Trina Forrester
  • Social Networks as Predictors of the Harm Suffered by Victims of a Large-Scale Ponzi Scheme / Rebecca Nash, Martin Bouchard, and Aili Malm
  • The Pains of Incarceration: Aging, Rights, and Policy in Federal Penitentiaries / Adeline Iftene
  • Crime and Public Transportation: A Case Study of Ottawa’s O-Train System / Jordana K. Gallison and Martin A. Andersen
  • Replication and Reproduction in Canadian Policing Research: A Note / Laura Huey and Craig Bennell

 

Commonwealth Law Bulletin
Volume 42, Number 3 (September 2016)

  • Is There a Need to Regulate Mediation? The English and Welsh Case Study / Leonardo V.P. de Oliveira and Carolyn Beckwith
  • Law of Assisted Reproductive Surrogacy in Malaysia: a Critical Overview / Nehaluddin Ahmad, Gary Lillenthal and Mohammed Hussain
  • Women to Woman Marriage and Cognates in Nigerian Law: An Easy Coalition Between Customary Law and Human Rights / Chukwuemeka G. Nnona
  • Aboriginal Oral Testimony, Hearsay Rule and the Reception Theory of Admissibility / Zia Akhtar
  • The Freedom of Information Act 2011: an Unwieldy Piece of Legislation for the Nigerian Courts? / Iyabode Ogunniran
  • Malawi and the Transition and Adherence to Multi-Party Democracy / Michael Kirby
  • Protection of Cultural Property in Armed Conflict: Treaty Ratification and Implementation / Anna Segall
  • Sexual and Gender-Based Violence in Natural Disasters: Emerging Norms / H.E. Nazhat Shameem Khan

 

First Edition of Halsbury’s Laws of England Digitized

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By Alan Kilpatrick

The first edition of Halsbury’s Laws of England has been digitized and made freely available by the University of Toronto Robarts Library. Halsbury’s Laws of England, a comprehensive and popular legal encyclopedia covering all areas of English law, has been published for over a century and is currently in its fifth edition.

For some, the first edition of Halsburys constitutes a benchmark for Canadian and Saskatchewan law. Fortunately, you can now access the first edition of this seminal encyclopedia, originally published from 1907 to 1917 across 31 volumes, right on your desktop.

You can find an online index to all 31 digitized volumes here. Links to each volume can be found below:

Volume 1: Action to Bankers and Banking

Volume 2: Bankruptcy to Bills of Exchange

Volume 3: Bills of Sales to Burial and Cremation

Volume 4: Carriers to Commons

Volume 5: Companies

Volume 6: Compulsory Purchase of Land to Constitutional Law

Volume 7: Constitutional Law to Contract

Volume 8: Copyholds to County Courts

Volume 9: Courts to Criminal Law

Volume 10: Crown Practice to Dependencies and Colonies

Volume 11: Descent and Distribution to Ecclesiastical Law

Volume 12: Education to Electric Lighting

Volume 13: Equity to Evidence

Volume 14: Execution to Fisheries

Volume 15: Food and Drugs to Guarantee

Volume 16: Highways to Income Tax

Volume 17: Industrial, Provident, and Similar Societies to Interpleader

Volume 18: Intoxicating Liquors to Libels and Slander

Volume 19: Lien to Malicious Prosecution and Procedure

Volume 20: Markets and Fairs to Misrepresentation and Fraud

Volume 21: Mistake to Partition

Volume 22: Partnership to Post Office

Volume 23: Powers to Railways and Canals

Volume 24: Rates and Rating to Revenue

Volume 25: Royal Forces to Sheriffs and Bailiffs

Volume 26: Shipping and Navigation to Solicitors

Volume 27: Specific Performance to Trover and Detinue

Volume 28: Trusts and Trustees to Work and Labour

Volume 29: Consolidated Table of Cases

Volume 30: General Index A-L

Volume 31: General Index M to Z

In the introduction to the first edition, the Right Honourable Earl of Halsbury, Lord High Chancellor of Great Britain, explained that,

“The result is not a mere encyclopedia, it is not a mere collection of cases, but a number of treatises composed by learned lawyers, supported by the decisions of the great judges who have from time to time adorned the English Bench; and it is hoped that when finished the work will finish a complete statement of the Laws of England.”

We encourage you to check it out!

Law Society Library – A Service not a Space

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By Melanie Hodges Neufeld

This post is a bit wordier than usual, but it is difficult to sum up the amazing resources and services provided by the Library in just a few lines. In the four years since I became the Director of Legal Resources at the Law Society, the Library has undergone significant changes – mostly in the delivery of resources. One of my first duties was to evaluate the Library and develop a strategic plan to make it more relevant to our users.  In late 2012, I gave a presentation to the Benchers entitled “Future of Libraries: A Service, Not a Space” and asked for approval of a new direction for the Library emphasizing services and the provision of digital resources rather than the traditional brick and mortar space. Here are a few important points from the presentation:

  • It is becoming increasingly difficult to justify the expense and space of print collections.
  • Libraries have an image problem and are viewed as increasingly irrelevant.
  • Libraries face extinction if they don’t evolve with new technology and the needs of its users.

What is the result of the new direction?

  • First, we’ve dramatically shifted our resource budget from print to digital resources. The digital resources available to our members in the Members’ Section is one of the most comprehensive collection in Canada and includes:
    • Ebooks:
      • Emond Publications: More than 30 titles in the Working with the Law series and 22 titles in the Casebook Collection.
      • Irwin Law e-Library: More than 100 online textbooks, including the entire Essentials of Canadian Law series.
    • Subscriptions:
      • WestlawNext Canada
        • LawSource – Comprehensive coverage of Canadian case law, federal and provincial legislation, Canadian law reviews and journals, KeyCite Canada case citatory, the Canadian Encyclopedic Digest (CED), and the Canadian Abridgment.
        • CriminalSource, FamilySource, and LabourSource – Each contain case law, commentary, annotations, and other tools specific to these practice areas.
      • O’Brien’s Internet: The online version of the popular O’Brien’s Encyclopedia of Forms, a comprehensive online source of Canadian legal forms and precedents.
      • Rangefindr: A tool to help lawyers find criminal sentencing ranges.
    • Journals:
      • HeinOnline: Full text of over 700 legal periodicals from the United States, Canada and the Commonwealth.
      • Lawyers Weekly: Published 48 times a year, it provides lawyers with information essential to maintaining and building a successful practice in today’s competitive business environment.
      • Saskatchewan Law Review: Complete issues in full text from 2013. Prior issues available on HeinOnline.
  • Second, Library staff have transformed into legal information navigators for our members. They provide research assistance, training through webinars and personalized Lunch & Learn sessions, and create valuable resources (such as this fantastic blog) as outlined below:
    • Online Databases
      • Saskatchewan Cases Database: A fully searchable database that provides access to Saskatchewan court cases from 1980s to the present. Summary digests are provided with each decision, as well as considered legislation and case law.
      • Saskatchewan Court of Appeal Sentencing Digests: Often containing the only record of a sentence appeal, this unique database contains searchable digests of sentencing appeals heard by the Court of Appeal from 1982 to the present.
      • Saskatchewan Bills: The Saskatchewan Bills database makes it easier to keep track of a bill’s proclamation date as well as the history of a bill from the first reading to the coming-into-force date. The database is useful for anyone looking for Saskatchewan Acts and their amendments.
      • Saskatchewan Regulations: Updated weekly, the Saskatchewan Regulations database is a searchable resource that indexes all regulations published in the Saskatchewan Gazette. It includes coming-into-force dates for new regulations, amendments to existing regulations since 2000, and links to the original regulations in the
    • Queen’s Bench Forms: As a courtesy to our members and the public, the Law Society Library converts the PDF forms into Word documents for easy use. These forms can be found on the Law Society website.
    • Case Mail: Our semi-monthly online newsletter of recently digested Saskatchewan cases.
    • Online Tutorials: A series of free video tutorials created by the Law Society Library to aid in searching CanLII’s updated website and our Saskatchewan Cases Database. Over the next several months, staff will be increasing topics available.
    • Essential Legal Research Guide: Developed by the Law Society Library, this step-by-step guide provides clear instructions for researching Saskatchewan case law and legislation.
    • The Limitations Manual: Manual containing all Saskatchewan statutes with limitation periods with relevant case law annotations.
    • Subject Resource Lists: Lists of standard texts, key journals, practice guides and forms, legal encyclopedias and sources of case law and legislation for a particular area of practice.
    • Legal Research Guides: Step-by-step guides leading you through specific tasks in legal research.

And our members seem to appreciate the changes. In 2015, our Members’ Section received over 63,000 visits – up 22% from 2014. In 2016, the number of visits nearly doubled to over 120,000 visits by about 82% of our members.

Requests for assistance from staff also increased dramatically in 2015 with an increase of approximately 40%.  If you would like assistance, please contact us via email or phone at (306) 569-8020 (Regina), (306) 933-5141 (Saskatoon). If you are in the Saskatoon or Regina Court House, visit us in person!

Now we are seeking input from our members about the future of the library and the resources we offer. Please review the following notice regarding funding to maintain legal resources available to Law Society members, such as WestlawNext, and the other resources available through the Members’ Section and the Law Society Library. Once you have reviewed the notice, please complete the survey contained within. The deadline to complete the survey is April 7th.

The Conflict of Laws – What are the Sources? (Tip of the Week)

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By Ken Fox

Conflict of laws, also known as private international law, is a topic concerning the rules governing what happens when two or more legal systems clash in a private dispute. Pitel & Rafferty’s text on Conflict of Laws identifies three key questions: (1) whether a court has jurisdiction, (2) what law the court will apply, and (3) whether a judgment from another jurisdiction will be enforced. Unlike public international law, conflict of laws is not the same everywhere, but is particular to each jurisdiction.

As such, some people have asked about developing a Saskatchewan-specific resource for conflict of laws. While most of the issues discussed the textbooks are internationally-based, there are some areas, such as estates law and family property law, where inter-provincial jurisdictional issues become critical. So a Saskatchewan-based resource might be a good idea – we’ll look into it!

Nationally, the most often-cited text is Castel & Walker’s Canadian Conflict of Laws. The current (6th) edition is a two-volume looseleaf published by LexisNexis, which is available at our libraries in Regina and Saskatoon. For a more concise text, try the aforementioned Pitel and Rafferty, a volume in Irwin’s Essentials of Canadian Law series, which are available to Saskatchewan lawyers online through the Members Section of our website. Also available through the Members Section, and our shelves, is the Canadian Encyclopedic Digest volume on Conflict of Laws, which is cross-referenced to related case law in the Canadian Abridgment.

Internationally, the library maintains the current edition of the classic Dicey Morris and Collins book on The Conflict of Laws, published by Sweet & Maxwell in London. At a glance, I wasn’t sure how relevant this text is to Canadian legal disputes (unless they involve the British jurisdiction specifically), but it has been cited by Canadian courts over 400 times in CanLii, including in recent decisions by the Saskatchewan Court of Appeal and Supreme Court of Canada, so apparently it still carries some authority.

If you have any questions about the above, or have any recommendations about sources we should acquire or develop, please add your comments below, or otherwise contact us.

Lawyers Weekly

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lawyersweeklyBy Melanie Hodges Neufeld

The March 17th edition of Lawyers Weekly digital edition is now available via the Members’ Section of the Law Society website. Articles in this issue include:

  • ‘Good Samaritan’ bill urged for drug epidemic
  • Tax Law: An offshore motivation
  • Bankruptcy: Life after insolvency
  • Business & Careers: Looking for the exit sign

 

While supplies last…

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By Kelly Laycock

This is a reminder that the Saskatchewan Queen’s Bench Rules Annotated was recently consolidated and is available for purchase through the Law Society Library. Due to the popularity of the new paperback format, copies are flying off the shelves, so for anyone who needs a copy and hasn’t yet ordered this new edition, time is running out! To sweeten the deal, we are still offering bundle pricing when you purchase Civil Appeals in Saskatchewan with the QBRA, while supplies last.

Highlights of the 2016 Annual edition:

  • Now in an annual 9 x 6 paperback format
  • 1056 pages
  • Durable, high-quality binding and convenient size
  • No more filing!

Fully updated and reorganized by Christine Johnston, BEd, LLB, with all changes to the Rules and Tariffs to The Saskatchewan Gazette, Vol. 112, No. 35, in effect October 1, 2016. Case law is current to June 2016.

QBRA

ISBN 978-0-9699120-9-5
9 x 6 paperback • 1056 pages
$320.00 + tax and shipping

CAS

ISBN 978-0-9699120-8-8
9 x 6 hardcover • 392 pages
$195.00 + tax and shipping

QBRA + CAS Special Bundle Price

$399.00 + tax and shipping

Order Form