On November 1946, Viola Desmond, an African-Nova Scotian businesswoman, challenged racial discrimination when she refused to leave the segregated whites-only section of the Roseland Theatre in New Glasgow, Nova Scotia. After being forcibly removed from the theatre by police, arrested and charged, she refuses to accept the charges against her and takes her case to Nova Scotia’s Supreme Court, where she loses her appeal. To commemorate the 75th anniversary of Viola Desmond challenging racial segregation, the Nahum Gelber Law Library presents an exhibition on her life and her struggle for rights in Canada. The exhibition was curated by Sonia Smith. On display until December 2021.
By Riley Klassen-Molyneaux, étudiant à la Faculté de droit de l’Université McGill, assistant de référence à la Bibliothèque Gelber.
On June 4th, 2021, the Canadian Copyright Act will be turning 100. While the modern Copyright Act can be traced back to the British Statute of Anne (1709), it wasn’t until 1921 that Canada created its own statute, the statute that we are celebrating this year.
La Loi sur le droit d’auteur canadien est intéressante parce que, même si elle est de compétence fédérale sous l’article 91(23) de la Loi constitutionnelle de 1867 — et en principe une loi anglaise — elle s’inspire à la fois des traditions britanniques et continentales. Elle est une loi proprement transsystémique.
D’une part, la Loi Loi sur le droit d’auteur s’inspire de la tradition anglaise — austère et utilitariste — pour accorder à l’auteure des droits économiques, les droits classiques qui récompensent son talent et son jugement (CCH c. Barreau du Haut-Canada). D’autre part, la Loi s’inspire du droit continental pour lui accorder des droits moraux. Ces droits sont de nature extrapatrimoniale et permettent à l’auteure de contrôler comment on emploie son œuvre (Snow v. The Eaton Centre Ltd).
The Copyright Act is designed to protect and inspire creativity. And it protects creativity in its most organic form without any kind of formality or registration requirement. But the creativity of artists and performers is precisely what challenges the Act’s definition of a work, constantly pushing the boundaries of what copyright protects, of what amounts to a product of skill and judgment.
Here’s to hoping that the Copyright Act can keep up with artists and performers for another 100 years!
Working from home on this Wellness Wednesday, and with all the stress and news about the COVID19 virus around the world and in my own neighborhood, I decided to focus my attention on creating a new Libguide on Wellness.
This Wellness Libguide is designed to foster the development of healthy habits and lay the groundwork for students to lead a balanced and healthy lifestyle. The goal is to promote student wellness and to assist them in finding the resources they need to help cope with the stresses of law school. It points to topics relating to mental health & wellness within the legal profession.
Wellness Wednesdays have become a symbol of support for mental health awareness and advocacy, and we can do that even from our homes. Please see this new guide here.
It presents items from its Wainwright and Canadiana Rare Books collections published between 1616 and 1882.
A very unique dictionary is the Vocabvlarivm ivrisprvdentiae romanae from 1718, a handwritten small book that provides a quick and simple reference guide to the principle terms and concepts of Roman civil law. Aspects covered are from inheritance and property rights through to contracts and martial law. A section also deals with “Iuris Primordia”, detailing the structure and development of the Corpus Iuris Civilis.
Another interesting work is the Dictionnaire de cas de conscience : ou, Décisions des plus considérables dificultez touchant la morale et la discipline ecclesiastique. Tirées de l’Ecriture, des Conciles, des Decretales des papes, des peres, et des plus célebres théologiens et canonistes. A three volumes set published in Paris in 1730 donated to the Library by Paul-André Crépeau.
A work dedicated to the French King and dealing with feudal Law in France is the Dictionnaire des fiefs et des droits seigneuriaux utiles et honorifiques : contenant les définitions des termes, & un ample recueil des décisions choisies, fondées sur la jurisprudence des arrêts, la disposition des différentes coutumes, & la doctrine des meilleures feudistes … by Joseph Renauldon, published in Paris, in 1788.
A recent donation to our Rare Books also presented in this exhibition is the New law-dictionary: containing the interpretation and definition of words and terms used in law… by Giles Jacob, published in London, in 1782. It was donated and restored thanks to the generosity of Penny Polk and Gordon Echenberg.
The exhibition was curated by Sonia Smith.
The Nahum Gelber Law Library is proud to announce the launch of two new databases, Practical Law Canada and Lexis Practice Advisor, as well as the signing of an agreement between the CAIJ and McGill University, granting CAIJ memberships to students, librarians, support staff and professors of the McGill Faculty of Law.
Access to Practical Law Canada and membership to the CAIJ are restricted to the Faculty of Law only; a consent form, available at the circulation desk or by emailing email@example.com, must first be completed. Access to Lexis Practice Advisor is available to the entire McGill community.
Practical Law Canada
Practical Law Canada (PLC) is a research tool that provides a variety of practical resources to help lawyers get their work done more efficiently. Practice notes, which provide guidelines and explanations of current law and practice, precedents with detailed drafting notes, and checklists, timelines and flowcharts, are created and maintained by a team of expert lawyers, who ensure that their material reflects current practice. The practice areas covered are:
– Capital Markets & Securities
– Commercial Real Estate
– Commercial Transactions
– Corporate and M&A
– Litigation (Corporate & Commercial)
In addition, PLC offers a provincial comparison tool, allowing users to compare laws and requirements in a particular area of law, across the country. Last, their product What’s Market allows you to easily analyse and compare terms or features across publicly filed deals.
Guides, video tutorials (in both languages) and interactive eLearning (English Only) are available here: https://store1.thomsonreuters.ca/learning/practical-law-canada (Eng) https://store1.thomsonreuters.ca/apprentissage/practical-law-canada (Fr). A training session in the library will be offered during the course of the semester.
Lexis Practice Advisor
Lexis Practice Advisor is another practitioner-oriented research tool. Similar to PLC, the platform also features practice notes, precedents with detailed drafting notes, checklists and flowcharts, as well as forms and articles, all maintained by a team of expert lawyers. The practice areas covered are:
– Capital Markets and M&A
– Corporate and Private M&A
– Family Law (BC and Ontario only)
– Insolvency & Restructuring
– In-House Counsel
– Intellectual Property & Technology
– Litigation & Dispute Resolution
– Personal Injury (BC and Ontario only)
– Wills, Trusts & Estates (BC and Ontario only)
While the content is primarily Canadian, some international, US, UK, and EU content is also available.
Training on Lexis Practice Advisor will be offered during the course of the semester.
Le CAIJ met à votre disposition des ressources couvrant l’ensemble des champs de la pratique juridique. Vous retrouverez notamment du contenu et des outils afin d’appuyer vos études et recherches, notamment :
– Jurisprudence québécoise et canadienne.
– Lois des juridictions canadiennes.
– De la doctrine à valeur ajoutée et développée au CAIJ, telle que :
*une banque de question de recherche documentées (TOPO) comprenant plus de 5000 questions pour vous aider à commencer une recherche;
*des dossiers spéciaux sur des sujets d’actualité qui rassemblent toute l’information pertinente pouvant vous aiguiller dans vos recherches
*plus de 100 lois annotées pancanadiennes incluant les annotations d’ouvrages comme les AlterEgo de Wilson & Lafleur, le Code civil annoté de Baudouin-Renaud, etc.
*un accès exclusif à la Collection de droit de l’École du Barreau.
– Des banques de données accessibles à distance telles que : dèsLibris (Irwin Law’s e-library), LexBase, et bien plus encore.
Bénéficiez également du soutien personnalisé d’une équipe de recherchistes-formateurs qualifiés pour vous accompagner dans vos recherches en mode clavardage, de 8 h à 20 h du lundi au jeudi et de 8 h à 17 h le vendredi.
Finalement, Mon CAIJ, l’espace de travail personnalisé et confidentiel, vous offre des fonctionnalités adaptées à votre pratique, notamment :
– Sauvegarde de vos requêtes de recherche, de sources et d’archivage
– Alertes personnalisées associées à vos requêtes
– Prêt, réservation et/ou livraison de documents (des frais peuvent s’appliquer)
Une formation sur les outils du CAIJ sera offert à la bibliothèque le 27 janvier 2020. Inscrivez-vous dès maintenant.
“Reconciliation is not an Indigenous problem – it is a Canadian problem. It involves all of us,” said Justice Murray Sinclair, chair of the Truth and Reconciliation Commission of Canada, which was tasked with investigating and commemorating the residential school system.
As Justice Sinclair and many others have said, education is key to reconciliation. As institutions that are both repositories for knowledge and natural gathering places, libraries can play an important role in reconciliation. With this goal, the Nahum Gelber Law Library offers to its visitors a new exhibition: The Unfinished Path to Reconciliation.
The blended-media exhibition features primary documents, books, reproductions of archival documents and memorabilia and highlight important cases on native’s rights. The exhibition includes digital materials presented on an interactive touch-table.
The use of touch-table for this Law Library exhibition is a part of the McGill Library Innovation in Service project. The exhibition was curated by Sonia Smith.
Thanks to the generous support of the Law Students Association (LSA), we now have 4 brand new carrels available for library patrons. The carrels are located on the 3rd and 4th floors of the Nahum Gelber Law Library, facing the south windows that overlook Old Chancellor Day Hall and the front lawn of the Law Faculty. Each carrel features a regular power outlet as well as two USB charging ports. Privacy dividers separate two adjacent seats.
The library would particularly like to thank Marie Pilote, the 2018-2019 VP External of the LSA, and Diane Koen, Senior Director, Planning and Resources at the McGill Library, for their efforts in bringing this project to fruition!
2018 marks the 20th anniversary of the current home of the McGill Law Library. This spectacular building named after one of our alumni and generous donor, Nahum Gelber, opened its doors for students 20 years ago, in September 1998.
To celebrate this occasion, we offer to our visitors a new exhibition featuring original plans, documents, students’ survey from 1997 on what they wanted to see in the new library, and a maquette of our famous staircase.
The exhibition was curated by Svetlana Kochkina and Sonia Smith.
The expression “predatory academic publishing” may sound as an oxymoron to a person unaware of the phenomenon. However, it is real, it is here, and it is hurting the most innocent and vulnerable members of academia: postdocs, doctoral students, and young pre-tenured faculty.
Dealing with predatory publishers can at the best lead to monetary losses, long-lasting embarrassment because of being fooled, and the forever exclusion of item from the list of publications (If all of this can be called “the best.” As a doctoral candidate myself, I can vividly imagine the frustration of somebody who would publish a book reporting five or six years of research only not to mention it on the CV). At the worst, especially if the unlucky author signs away the moral rights to the work, it can irremediably tarnish an academic reputation, undermine credibility of the research, and affect the decisions of hiring and tenure committees and granting agencies.The reality of the current highly competitive and overcrowded scholarly marketplace is such that this worst-case scenario is getting frighteningly possible, and Mary Bennet’s well-known moralising about female virtue could be easily applied to an academic reputation. Paraphrasing Jane Austen, the loss of reputation in an academic is irretrievable; one false step involves him/her in endless ruin; his/her reputation is no less brittle than it is beautiful; and he/she cannot be too much guarded in the behaviour towards the undeserving representatives of the publishing industry.
The ink has been flowing for a while with hundreds of pieces already penned on the subject, so why would I need to write another one? What I would like to accomplish with this blog post is to offer some simple and practical advice, some sort of “Predatory Publishing 101,” that should help to instantly weed out most of potentially harmful offers and to provide resources to learn more on the subject. A recent conversation with one of McGill graduate students prompted me to write this post. He /she came to talk to me all elated and excited to share great news. The student got an email from a publisher who offered to publish a book based on a yet unfinished and undefended thesis. To me, acquainted with the practices of predatory academic publishers, this sounded only all too familiar. The ubiquitous name of the publisher confirmed my worst suspicions. It was a well known vanity press, publishing with which would leave a stain on an academic reputation. My immediate advice to the student was to never answer that email, to never publish anything with them, and the most important to always be on guard and seek more information if he/she gets a publishing offer from an unfamiliar source. I felt sorry to break it to the student, but (to say it without a false modesty) this student got lucky. Before subscribing to a publishing deal that could in a long-term harm the academic career, the person benefited from an advice from an information professional who knows what kind of jungle is the modern academic publishing, and where most of its pitfalls and traps are.
To avoid falling into a predatory publishing trap, if you get a publishing/conference presentation offer from an unfamiliar source, get a second opinion, talk to an information professional/librarian, check resources available for you (see below), Google the publisher’s name, and do a search on Twitter to find information about them. If after a bit of research, you can say “yes” to most of the following, you need to be extra careful and seriously consider rejecting or, even better, not replying to the offer:
- It is not specified in their email where they got the information about your research: your recent conference presentation, your thesis supervisor, your colleague, etc.
- You are not a member of their “scholarly” society and never subscribed to their listserv.
- They mention on the website that they may charge their authors some “modest” editing/printing/book production fees.
- They do not mention or are vague about peer or editorial review process on their website.
- There is information raising suspicions on the web (lawsuits aiming to take them off the lists of vanity/predatory presses, disclaimers that they are not a vanity or predatory publisher/journal, tweets and blog posts from frustrated scholars describing dishonest dealings and swindling of the money).
- Their name looks very similar but is not exactly the same as a name of a respectable publishing house, a well-known academic institution, or a reputable journal.
- The contract they ask you to sign stipulates that you will relinquish not only the copyright to your work but also the moral rights.
This list is far from being complete, but it should give you a good start. To know more on the subject and to protect yourself from the mistakes with the long-lasting consequences, you can check the following sources:
Good luck with your research and publications!
Are you sill mystified and baffled by the mysteries of the Red Book? By popular demand, we are bring back the Legal Citations Clinic.
Where: Law Library Classroom
How: Two law librarians will be answering your questions for 1h and 20 min after a 10-minute introduction. First come first served. All law students welcome. Come and bring your citations questions!