Saskatchewan Builders’ Lien Manual – Coming Soon!

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By Kelly Laycock

BLMcoverblogSo here it comes! Are you ready for this? The brand-new Second Edition of the Saskatchewan Builders’ Lien Manual is heading off to the printers next week, just in time for its January 2015 launch! We wanted to give you a sneak peak of this exciting new publication, which we hope will be the first of many in our new Annotated Saskatchewan Statute series (call for submissions is now open!).

The original Builders’ Lien Act Manual: A Practitioners’ Manual was written by W Brent Gough more than 20 years ago, and has stood the test of time, with copies continuing to be sold even now. That just goes to show that quality content, written by a respected and knowledgeable professional in the field, never goes out of style.

We’ve set out to maintain those high standards in the new edition. Collin K Hirschfeld, a lawyer and partner at the Saskatoon office of McKercher LLP, practices in the areas of construction and infrastructure law with experience with construction contracts, tendering, litigation and dispute resolution. He has presented at many seminars regarding construction topics, with a particular focus on builders’ lien legislation and its unique aspects and interpretation by the courts. He seemed the perfect choice to continue the legacy.

This ever-popular manual has gone through a bit of a makeover, inside and out! What a difference 20 years can make! Take a look at an excerpt and see if you don’t agree.

Coming Soon! We hear you like ebooks just as much as we do, so we are using this title for our Ebook Pilot Project with Emond Montgomery Publications (more information to come). If you show us how much you like the Saskatchewan Builders’ Lien Manual ebook, we’ll make more!

Order your print copy today!

Saskatchewan Builders’ Lien Manual
By W Brent Gough & Collin K Hirschfeld
Law Society of Saskatchewan Library
ISBN 978-0-9699120-6-4
$120.00 + tax
Standard shipping will be added. Please call 306-569-8020 for expedited shipping costs.

Everything you wanted to know about dealing with legal publishers…but were afraid to ask!

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By Melanie Hodges Neufeld

On November 26 (12:00 to1:30pm), I will be co-presenting a webinar about my experiences dealing with legal publishers: Everything you wanted to know about dealing with legal publishers…but were afraid to ask!

This will be an interactive session about relations with vendors in today’s increasingly complex collection development world. In preparation, we asked participants to send in questions for us to answer during the webinar. We’ve received several interesting questions dealing with ebooks and the future for publications, consortia, and the infuriating looseleaf. Here is an example of one of the questions we received:

How do publishers decide what format a title should take (ebook, looseleaf, hard or soft cover) and any ideas on how to influence these decisions?

We hope to provide useful (and perhaps entertaining) information. Sign up today!

First Ever Citation Guide for the Courts of Saskatchewan, part 7

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By Ann Marie Melvie, Librarian, Court of Appeal for Saskatchewan
and Joanne V. Colledge-Miller, MacPherson Leslie & Tyerman LLP

CitationGuide

So far, our posts about the Citation Guide for the Courts of Saskatchewan have primarily focused on the citation of case law and legislation.

This post focuses on changes made to the citation of secondary sources. Periods are removed, unless they appear in an author’s name or in the title of their written work. Loose-leaf materials, as well as journal articles accessed from electronic databases, are cited a bit differently. Let’s explore.

When books are in loose-leaf form, they can be continually updated if the library or law firm has a subscription. The advantage of subscribing is that the item will be relatively up-to-date. But sometimes, libraries and law firms will either cancel their subscriptions or not update their materials immediately, for whatever reason. At that point, the loose-leaf publication becomes, in essence, a textbook. It continues to be a useful resource, but won’t contain the most current information.

To recognize the different nature of loose-leaf materials, the Guide has implemented a couple of changes. First, be sure to indicate in your citation that the material you are referring to is a loose-leaf publication. Second, indicate the release number of the latest release. Generally, this information is located on a publisher’s note filed either at the beginning or end of the material, though this is dependent on the practice of the person who updates the materials. There may also be a “Filing Record”, or similarly named tab, that lists all releases that have been filed. If you are unsure where this information is located, check with the librarian or the person in your office responsible for updating these materials.

As the following examples illustrate, the citation should indicate that the reference is to a loose-leaf and provide the release number, which will likely include a date:

Mark M. Orkin, The Law of Costs, loose-leaf (Rel 44, June 2014) 2d ed, vol 2 (Toronto: Canada Law Book, 2014) at para 402.

Tim Quigley, Procedure in Canadian Criminal Law, loose-leaf (2014-Rel 1) 2d ed (Toronto: Carswell, 2005).

(Note: The bolding in these examples is only to highlight this information and would not normally be used.)

Citations to journal articles obtained from electronic databases are also handled a bit differently. This change mirrors the requirements set out previously with respect to citing pinpointed references from case law accessed from an electronic database. Electronic databases that contain journal articles will sometimes add paragraph numbers where they did not exist in the print version. If you are pinpointing to a specific paragraph from a journal article pulled from an electronic database, then be sure to include the database identifier in the citation.  For example:

Jamie Carlson et al, “On the Road to Fairness: Redesigning Saskatchewan’s Administrative Tribunal System” (2010) 73 Sask Law Rev 309 (QL) at para 22.

This is our last in a series of posts on The Citation Guide for the Courts of Saskatchewan. We hope you have found these posts to be helpful and informative.  We also hope you find the Guide to be a user-friendly, simplified resource that enables you to consistently and accurately refer to legal authorities.

This is the final part of a 7-part series on the Citation Guide for the Courts of Saskatchewan:  Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6

Ann Marie Melvie is the Librarian at the Court of Appeal for Saskatchewan, having served in this position since 2001. She received her Bachelor of Education from the University of Saskatchewan and her diploma as a Library Technician from SIAST.

Joanne V. Colledge-Miller is currently an associate at MacPherson Leslie & Tyerman LLP, practicing in the areas of commercial litigation and class actions.

 

 

 

 

Canada Gazette Part II: Consolidated Index (Tip of the Week)

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By Ken Fox

On September 19 I told you about the online federal Table of Public Statues. But is there an accompanying table of regulations, you ask? Well sure, sort of.

To find such a table, you need to leave the Justice Laws website, and enter the online Canada Gazette. Part II of the Gazette is the Official Regulations, the best version to use as evidence in court. But unlike the Justice Laws website, where the regulations are organized alphabetically, the Gazette orders them by date of publication. So to find a known regulation, you need to know the date of its release in the Gazette.

For that purpose, the Justice Department offers a Consolidated Index to Part II. Like other parts of the Gazette, the consolidated index has periodic releases, which can be navigated in the left-panel menu. But since the index is consolidated, you really only ever need to access the latest release, as it contains the entire table.

So begin by clicking on Vol. 148 (2014) in the list of releases (it’s the only one not preceded by “ARCHIVED”). From there, locate the latest release, which covers the period January 1, 1955, to June 30, 2014. The Index is available in HTML and PDF formats. The first time you access the index, I would recommend PDF, as the organization of the tables is clearer in that format. Click on ARCHIVED — PDF 3,629 KB / Official. Note that only the PDF version is actually “official” – and the document itself is marked with the Seal of the Crown, indicating official status.

Scroll down to the Table of Contents on the 3rd page and note that there are two similarly-named tables that constitute the index:

I—TABLE OF REGULATIONS, STATUTORY INSTRUMENTS (OTHER THAN REGULATIONS) AND OTHER DOCUMENTS

II—TABLE OF REGULATIONS, STATUTORY INSTRUMENTS (OTHER THAN REGULATIONS) AND OTHER DOCUMENTS ARRANGED BY STATUTE

There is a note saying that Table I is organized alphabetically by title. Based on the titles of these tables, you may assume that the two tables have similar content, but are differently ordered. Well reasoned, but you are wrong. Table I has but a single function – to provide the title of the enabling act of a regulation. The regulations are listed alphabetically in bold text, with their statutes nested under them in plain text:

FedLeg4

The Index’s main substantive content is contained in Table II, but as that table is organized by enabling statute, Table I provides this key piece of data for situations where you know only the regulation title.

In Table II, further down in the same PDF document, the bolded, all-caps headings are the titles of statutes. The bold subheadings with conventional capitalization are the regulations and other subordinate legislation passed under that statute. This is followed by detailed information about each regulation (SOR) or statutory instrument (SI):

FedLeg5

In the case of a regulation, such as the Agricultural Marketing Programs Regulations above, there is a section-by-section history, providing a regulation number and section numbers for each addition and amendment to the main regulation. The Regulation number can then be used to find the amendment in Part II of the Gazette – which will be the topic for next week’s tip.

This is Part 3 of a multi-part series on researching federal legislation:  Part 1Part 2 | Part 4 | Part 5 | Part 6 | Part 7

Bills Recently Introduced

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The following are a few snippets of bills recently introduced into the Saskatchewan Legislature 4th Session, 27th Legislature (Oct. 22, 2014):

Bill 141 – The Archives and Public Records Management Act (1st Reading Oct.28/14)
New Act repeals The Archives Act, 2004

Bill 144 – The Victims of Domestic Violence Amendment Act, 2014 (1st Reading Oct.29/14)
“3 The long title is amended by striking out “Domestic” and substituting “Interpersonal”.”

Bill 145 – The Fee Waiver Act (1st Reading Oct. 29/14)
An overhaul of Saskatchewan’s complex, rigid and difficult to navigate court fee waiver program is intended to make justice more accessible (The StarPhoenix, November 10, 2014)

Vocābulārium

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By Jenneth Hogan

latin
OMNIBUS  [L. omnis / all, every, each, the whole]
Providing many things at one time; containing many things. An omnibus bill is a legislative act incorporating many disparate subjects and purposes in one statute. The overall purpose is to prevent the executive department from vetoing some provisions to preserve others. An omnibus clause in an auto insurance policy is a clause making the insured responsible for the acts of all persons driving the car with his permission. An omnibus clause in a will is a clause disposing of all property not specifically mentioned in other provisions.
 

An omnibus bill is a proposed law that covers a number of diverse or unrelated topics, within a single document, as an all-or-nothing tactic. They propose a mix of changes, seeking to amend, repeal or enact several Acts, within one fell swoop and must be approved or defeated as a whole legislative package. Because of their extensive size and ambit, omnibus bills are not always well received. Some consider them to be anti-democratic as they limit opportunities for public debate and scrutiny and are typically used as an attempt to slip controversial amendments passed Parliament.

In Canada, one of the more prominent omnibus bills is the Criminal Law Amendment Act, 1968-69 (S.C. 1968-69, c. 38), better known as Bill C-150. It was introduced by, then, Minister of Justice, Pierre Trudeau and was passed on May 14, 1969. The act legalized homosexuality, abortion and contraception. It imposed restrictions on gun ownership and expanded the definition of a “firearm”. It put further regulations on drinking-and-driving, harassing phone calls and misleading advertising, redefined what constitutes cruelty to animals and permitted lotteries. The bill was described by John Turner as “the most important and all-embracing reform of the criminal and penal law ever attempted at one time in this country.” 1

Another great example of this is C-38, the Jobs, Growth and Long-term Prosperity Act, given Royal Assent on June 29, 2012. With more than 400 pages, containing an excess of 750 clauses and amending nearly 70 laws, Bill C-38 far exceeded the scope of Bill C-150. By comparison, C-150 was 126 pages long with only 120 clauses.

 

Sources:

Emanuel, Lazar. Latin for Lawyers: The Language of the Law (New York: Aspen Publishers, 1999).

http://en.wikipedia.org/wiki/Omnibus_bill

http://en.wikipedia.org/wiki/Criminal_Law_Amendment_Act,_1968-69

 

[1] http://parl.canadiana.ca/view/oop.debates_HOC2801_08/673?r=0&s=1