Canadian Encyclopedia Digest (Tip of the Week)

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By Alan Kilpatrick

cedDid you know that the Law Society of Saskatchewan Library carries the complete fourth edition of the Canadian Encyclopedia Digest (CED) 4th ed. in Regina?  The CED is a comprehensive legal encyclopedia.  It summarizes all areas of Canadian law across 223 titles.  Topics are arranged alphabetically and include frequent references to case law and statutes.

Some topics summarized in the CED include aboriginal law, conflict of laws, liens, military law, public inquiries, railways, and religious institutions.

Given its broad scope, the CED is a key research resource and an excellent place to begin your legal research.  When working in an unfamiliar area of the law, consider consulting the CED.

If you have any questions about using the CED, ask a Law Society Librarian. We are pleased to provide legal research assistance to Saskatchewan members in person, on the telephone, or by email.

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AskLibnEmail reference@lawsociety.sk.ca
Call 306-569-8020 in Regina
Toll-free 1-877-989-4999
Fax 306-569-0155

20th Anniversary of The Builders’ Lien Act: A Practitioners’ Manual (Throwback Thursday)

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By Melanie Hodges Neufeld

BuildersLienThe ever popular The Builders’ Lien Act: A Practitioners’ Manual is celebrating its 20th anniversary this year. Providing section by section analysis of the Act, the Manual was authored by W. Brent Gough, Q.C. of Hnatyshyn Gough in Saskatoon. Mr. Gough is also a former Bencher and President of the Law Society of Saskatchewan. This fall/winter, an updated version of the Manual will be released and will incorporate changes such as The Builders’ Lien Amendment Act, 2014 that came into force March 12, 2014. We’d like to thank Collin Hirschfeld of McKercher LLP in Saskatoon for completing the updated Manual.

Book Review – Governing from the Bench: The Supreme Court of Canada and the Judicial Role

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By Alan Kilpatrick

governingGoverning from the Bench: The Supreme Court of Canada and the Judicial Role
By Emmett Macfarlane
Vancouver: UBC Press, 2013
234 pp.

The Supreme Court of Canada is a powerful institution and the highest court in the country.  Those interested in learning more about this institution should certainly check out a popular new item in the library – Governing from the Bench: The Supreme Court of Canada and the Judicial Role by Emmett Macfarlane.  Macfarlane is an Assistant Professor in the Department of Political Science at the University of Waterloo and an expert in the field of public policy.

UBC Press describes this exciting new book on its website,

As Canada’s final court of appeal, the Supreme Court is a crucial component of the country’s legal system. Yet, for much of its almost 140-year history, the highest court in the land dwelled in relative obscurity. More than thirty years since the advent of the Charter of Rights and Freedoms, which transformed the court’s function and thrust its work into the national spotlight, many of us are still in the dark about the Supreme Court’s role — in part because there has been relatively little empirical investigation into how the institution works.

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behaviour; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.

Please stop by the Law Society of Saskatchewan Library in Regina if you are interested in checking out this item. Call Number: KF 8764 .ZA2 M14 2013.  A sample chapter is freely available on the UBC Press website here.

 

In the Legal Sourcery book review, new, thought-provoking, and notable library resources are reviewed. If you would like to read any of the resources reviewed, please contact our library by email or (306) 569-8020. Let us know if there is a book you would like reviewed.

 

CBA Legal Research Section

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By Melanie Hodges Neufeld

As we reported on June 10, the CBA is offering a Legal Research Section in Saskatchewan. The new CBA Section Registration & Program Handbook was circulated with the summer issue of BARNOTES. Please complete and submit the Sections Registration Form enclosed with your copy of BARNOTES or register online. We look forward to seeing you there!

 

 

Book Review – The Cultural Defense

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By Alan Kilpatrick

culturalDefThe Cultural Defense
By Alison Dundes Renteln
Oxford: Oxford University Press, 2004
416 pp.

Should the law take cultural background into consideration?  Those interested in exploring this question should check out The Cultural Defense by Alison Dundes Renteln.  Renteln is a Professor of Political Science and Anthropology at the University of Southern California.  Oxford University Press describes this interesting book on its website,

In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution’s free exercise of religion clause, trumping the states’ right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother’s corpse in a cloth sack. Her arrival for the funeral facedown in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants’ lawyers argue that the men were following their own “national customs” and do not realize their conduct is offensive to “American sensibilities.” What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense?

In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.

Please stop by the Law Society of Saskatchewan Library in Regina if you are interested in checking out this item. Call Number: KF 5455 .R42 2004.

In the Legal Sourcery book review, new, thought-provoking, and notable library resources are reviewed. If you would like to read any of the resources reviewed, please contact our library at reference@lawsociety.sk.ca or (306) 569-8020. Let us know if there is a book you would like reviewed.