CLLR 49.3

CANADIAN

REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT

NEW FROM EMOND PUBLISHING:

CRIMINAL EVIDENCE “MUST-HAVES”

Criminal Appeals, 2nd Edition

Dawe, Dineen, Halfyard, McGuire

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This is a comprehensive guide on the strategic and procedural aspects of criminal appeals in Canada, offering detailed advice on procedural steps, argument strategies, and drafting appeal documents. It serves as an essential resource for navigating the appeals process from start to finish. This text is Volume 2 in Emond’s Criminal Law Series.

U.EMOND.CA/CA2-CLLR

Detention, Arrest, and the Right to Counsel

Garg, Kapoor

JUST PUBLISHED! • 978-1-77462-663-4

This handbook examines detention, arrest, and the right to counsel under the Canadian Charter of Rights and Freedoms , balancing effective policing with individual rights.

U.EMOND.CA/DARC-CLLR

Prosecuting and Defending Sexual Offence Cases, 3rd Edition

Brown, Witkin

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This handbook is designed to help practitioners focus on the procedural, evidentiary, and strategic elements unique to sexual offence cases.

U.EMOND.CA/PDSOC3-CLLR

‖‖ EDITORIAL BOARD / COMITÉ DE RÉDACTION

NIKKI TANNER

EDITOR

RÉDACTRICE EN CHEF

Reference / Instruction Librarian

Gerard V. La Forest Law Library

University of New Brunswick

E-mail: cllr.editors@callacbd.ca

NATHALIE LÉONARD

FRENCH LANGUAGE EDITOR

RÉDACTRICE AUX TEXTES FRANÇAIS

Head, Reference Services and Law Libraries

Brian Dickson Law Library Université d’Ottawa E-mail: cllr.francais@callacbd.ca

DOMINIQUE GARINGAN

BOOK REVIEW EDITOR

RÉDACTRICE DE LA REVUE DE LIVRES

Learning & Development Manager (West) Norton Rose Fulbright Canada

E-mail: cllr.reviews@callacbd.ca

KIM CLARKE

COLUMN EDITOR

PERSPECTIVES

RESPONSABLE DE LA RUBRIQUE PERSPECTIVES Director of Staff Engagement (LCR) Law & Law and Society Librarian Libraries and Cultural Resources, University of Calgary E-mail: cllr.perspectives@callacbd.ca

SUSAN BARKER

EDITOR EMERITUS AND ASSOCIATE EDITOR

RÉDACTRICE HONORAIRE ET RÉDACTRICE ADJOINTE Librarian Emeritus University of Toronto E-mail: cllr.editors@callacbd.ca

ERICA FRIESEN

FEATURES EDITOR

RÉDACTRICE DE CHRONIQUES

Research & Instruction Librarian (Law) and Online Learning Specialist

Lederman Law Library, Queen’s University

E-mail: cllr.features@callacbd.ca

JULIE LAVIGNE

BOOK REVIEW EDITOR

RÉDACTRICE DE LA REVUE DE LIVRES Legal Studies Librarian

MacOdrum Library, Carleton University

E-mail: cllr.reviews@callacbd.ca

ERIN CLUPP

COLUMN EDITOR

LOCAL AND REGIONAL UPDATES

RESPONSABLE DE RUBRIQUE MISE À JOUR LOCALE ET RÉGIONALE

Research Librarian

Norton Rose Fulbright Canada E-mail: cllr.lrupdates@callacbd.ca

SARA KLEIN

FEATURES EDITOR

RÉDACTRICE DE CHRONIQUES

Reference Librarian

Lincoln Alexander School of Law

Toronto Metropolitan University Libraries

E-mail: cllr.features@callacbd.ca

KATE MCCANDLESS

COLUMN EDITOR

BIBLIOGRAPHIC NOTES

RESPONSABLE DE LA RUBRIQUE

CHRONIQUE BIBLIOGRAPHIQUE

Research Grants Officer

Western University

E-mail: cllr.bibnotes@callacbd.ca

ALEXANDRA KWAN

ADVERTISING MANAGER

DIRECTRICE DE LA PUBLICITÉ

Digital Services & Reference Librarian

Bora Laskin Law Library, University of Toronto E-mail: cllr.advertising@callacbd.ca

Deadlines / Dates de tombée

January 15/15 janvier May 15/15 mai September 15/15 septembre

MEMBERSHIP / ADHÉSION:

CALL National Office/Secrétariat ACBD

December 15/15 décembre

April 15/15 avril

August 15/15 août

1 Eglinton Avenue East, Suite 705, Toronto, ON, M4P 3A1

Telephone: (647) 346-8723

Fax/Télécopieur: (416) 929-5256

E-Mail: office [at] callacbd.ca

March/mars

July/juillet

November/novembre

‖‖ CONTENTS / SOMMAIRE

Edited by Dominique Garingan and Julie Lavigne

CITED AS Can L Libr Rev

Canadian Law Library Review is published three times a year by the Canadian Association of Law Libraries.

By Erin Clupp By Kate McCandless

CITÉ Rev can bibl dr

Revue canadienne des bibliothéques de droit est publiée trois fois par année par l’Association canadienne des bibliothèques de droit.

© Canadian Association of Law Libraries / Association canadienne des bibliothèques de droit ISSN 1180-176X

‖‖ From the Editor / De la rédactrice

As I write this, I’m counting down the minutes until my legal research course begins. I haven’t taught the course since fall 2018, and I’m teaching it online for the very first time. I’m nervous, like I always am before I have to speak in front of a crowd—even if that crowd is on Teams—but I know once the time comes to start, I’ll get in the zone and forget my worries. I’m hoping I’ll be able to engage students from behind a computer screen, but I also know engagement is difficult with in-person courses as well. It can be hard to hold students’ interests when the topics are databases and case digests. In the past, I’ve bribed students with Halloween candy, but that won’t work online!

Luckily, our feature article presents a creative way to engage students with legal research. David Michels and Hannah Rosborough from Dalhousie’s Schulich School of Law created an escape room in their library that required students to use legal research to escape. I’ve never done an in-person escape room, but I’ve used an app for virtual ones, and I’m intrigued by the idea of creating one for my students. As David and Hannah’s article shows, it would be a lot of work, but it would also be a lot of fun. Luckily, David and Hannah have provided not only a description of their escape room but also their clues! So, if you’re stumped for ideas, look no further. If you don’t have the space or resources to do a real-life escape room, there are websites that allow you to build free point-and-click rooms. That might be an option I’ll investigate for next year.

I hope everyone has a wonderful fall, a happy holiday, and a prosperous new year. “See” you in 2025!

EDITOR

NIKKI TANNER

Au moment de rédiger ces lignes, je compte les minutes avant le début de mon cours portant sur la recherche juridique. La dernière fois que j’ai donné ce cours remonte à l’automne 2018. De plus, je dois le donner en ligne pour la toute première fois. Bien que je sois nerveuse, comme je le suis toujours avant de parler en public – même si les gens sont sur Teams – je sais qu’une fois le cours commencé je me mettrai dans la zone et j’oublierai mes soucis. J’espère être capable d’intéresser les étudiant·e·s derrière un écran d’ordinateur, même si je sais que de parvenir à faire participer les étudiant·e·s en présentiel est également difficile. Ce n’est pas toujours facile de maintenir leur intérêt lorsque les sujets abordés sont des bases de données et des résumés de cas. D’ailleurs, j’ai déjà soudoyé des étudiant·e·s avec des bonbons d’Halloween, mais cela ne fonctionnera pas en ligne.

Heureusement, notre article de fond présente un moyen créatif d’intéresser les étudiant·e·s à la recherche juridique. David Michels et Hannah Rosborough, de la Schulich School of Law de l’université Dalhousie, ont créé un jeu d’évasion (espace room) à leur bibliothèque, dans lequel les étudiant·e·s doivent utiliser la recherche juridique pour s’échapper. Même si je n’ai jamais participé à un tel jeu en personne, j’ai déjà utilisé une application de jeux d’évasion virtuels, et l’idée d’en créer un pour mes étudiant·e·s m’intrigue. Comme le révèle l’article de David et Hannah, cela représente beaucoup de travail, mais c’est aussi très amusant. Heureusement, les auteurs ont fourni non seulement une description de leur jeu d’évasion, mais aussi les indices! Alors, si vous êtes à court d’idées, ne cherchez

Continued on page 19

‖‖ President’s Message / Le mot de la présidente

By the time you read this message, the long days of summer will be over. The first few months of my presidency have gone by in a flash. I enjoyed representing CALL/ACBD at the conferences for the British and Irish Association of Law Libraries in June and the American Association of Law Libraries in July. It was also a pleasure to meet so many new faces at our CALL/ACBD annual conference in Montreal. What I noticed at these events is that building a strong professional network is so very important. Networking is more than just making connections: it’s about cultivating relationships that foster collaboration, mentorship, and continuous learning.

The CALL/ACBD committees and special interest groups are the perfect example of fostering collaboration. We have many talented and knowledgeable members who give their time and energy to grow the association. The ideas, initiatives, and projects that come from our committees and SIGs are the heartbeat of the association. Lending your time and experience allows you to learn from others’ experiences and can accelerate professional growth and foster innovation within your work environments.

Mentorship is one of the most rewarding ways to build meaningful professional relationships. A mentor can offer career advice, help navigate challenges, and introduce you to their own professional network. Mentoring earlycareer library professionals is a way to give back to the profession while also expanding your own network. Our New Professionals SIG held a Speed Networking event at the Montreal conference. In addition, the Membership Development Committee held a reception to welcome new members and first-time attendees. These events were highly successful and helped to promote the association and build relationships.

Our profession is continuously evolving and adapting to new technologies and legal information systems. Continuing education through professional development sessions helps legal information professionals remain competitive. Our Professional Development Committee offers many webinars throughout the year to engage our members and provide the knowledge and skills necessary for professional excellence. These webinars benefit the membership by sharing relevant topics and keeping us connected.

The 2025 CALL/ACBD conference planning committee will be reaching out to members with a Call for Proposals. I encourage you to be an active participant in our association. Your networking can be more effective when you actively participate in conferences by presenting your own work or collaborating with colleagues. If presenting at a conference seems too daunting, consider volunteering to moderate a session to elevate your visibility.

Finally, I would like to take a moment to express my deepest gratitude to all the dedicated volunteers who have generously given their time, energy, and talents to support our association. Your commitment has been truly inspiring, and your efforts have made a significant impact on the success of our strategic plans and initiatives.

Building a professional network in the legal information field requires effort, but the rewards are well worth it.

In kindness,

PRESIDENT MARY-JO PETSCHE

Au moment où vous lirez ce mot, les longues journées d’été sont chose du passé. D’ailleurs, les premiers mois de ma présidence ont filé comme l’éclair. J’ai eu le plaisir de représenter la CALL/ACBD au congrès de la British and Irish Association of Law Libraries en juin dernier et à celui de l’American Association of Law Libraries en juillet. Ce fut également un plaisir de rencontrer de nouvelles personnes lors du congrès annuel de la CALL/ACBD à Montréal. Ce que j’ai remarqué lors de ces événements, c’est à quel point il est important de se bâtir un solide réseau professionnel. Le réseautage c’est plus que de tisser des liens. Il s’agit de cultiver des relations qui favorisent la collaboration, le mentorat et l’apprentissage continu.

Les comités et les groupes d’intérêts spéciaux de la CALL/ ACBD sont l’exemple parfait de la façon de favoriser la collaboration. Nous avons de nombreux membres qui ont du talent et des connaissances, et qui donnent de leur temps et de leur énergie pour faire grandir l’association. Les idées, les initiatives et les projets qui émanent de nos comités et de nos groupes d’intérêt spéciaux représentent le cœur de l’association. Le fait de consacrer de votre temps et de mettre votre expérience au service de l’association vous permet aussi d’apprendre des expériences des autres, d’accélérer votre perfectionnement professionnel et de favoriser l’innovation dans votre milieu de travail.

Le mentorat constitue l’un des moyens les plus gratifiants de nouer des relations professionnelles enrichissantes. Un·e mentor·e peut vous donner des conseils professionnels, vous aider à relever des défis et vous présenter à des personnes faisant partie de son réseau professionnel. Faire du mentorat auprès de bibliothécaires en début de carrière est une façon de redonner à la profession tout en élargissant son propre réseau. Dans le cadre du congrès de Montréal, notre GIS des nouveaux professionnels avait organisé un événement de réseautage express et le comité de recrutement des membres avait tenu une réception pour accueillir les nouveaux membres et les personnes qui assistaient pour la première fois au congrès annuel. Ces

activités obtiennent beaucoup de succès et permettent de promouvoir l’association et d’établir des relations.

Notre profession ne cesse d’évoluer et de s’adapter aux nouvelles technologies et systèmes de l’information juridique. La formation continue au moyen de séances de perfectionnement professionnel permet aux professionnel·le·s de l’information juridique de rester compétitif·ve·s. Notre comité de la formation permanente propose de nombreux webinaires pendant l’année afin de susciter l’intérêt de nos membres et de leur fournir les connaissances et les compétences nécessaires pour exceller dans leur travail. Ces webinaires permettent aux membres d’échanger sur des sujets pertinents et de rester en contact.

Le comité de planification du congrès 2025 de la CALL/ ACBD lancera bientôt son appel de propositions. Je vous invite à participer activement à notre association. Vous pouvez renforcer votre réseau en participant activement aux congrès, soit en présentant vos travaux ou en collaborant avec des collègues. Si le fait de faire une présentation vous semble trop intimidant, vous pourriez vous porter volontaire pour animer une séance afin de vous faire mieux connaître.

Enfin, je tiens à saisir cette occasion pour exprimer ma profonde gratitude à tous les bénévoles dévoués qui ont donné si généreusement de leur temps, de leur énergie et de leurs talents au soutien de notre association. Votre engagement est une véritable source d’inspiration et vos efforts ont une incidence majeure sur la réussite de notre plan stratégique et de nos initiatives.

Se constituer un réseau professionnel dans le domaine de l’information juridique demande des efforts, mais les résultats en valent la peine.

Amicalement,

‖‖ Perspectives

Edited by Kim Clarke

“Voluntarius”

By Shaunna Mireau

Voluntarius. Latin for “willing” or “of one’s own choice.” As a Canadian woman in 2024, I have the pleasure of making choices. I can vote, own land, have a bank account and credit, choose to have children or not, choose to have a life partner or not. I can be employed or retired, or both. I am able to decide how to use my time.

I used to say, “spend my time,” as if time always had a monetary value. As a consultant, I have an hourly rate. As an employee, I have remuneration. As a human, I have costs of living. Even though time does have a calculatable monetary value, I still prefer the phrase “use my time” because it is more reflective of the opportunity that time provides.

I enjoy using my time in a variety of ways:

• being with family

• entertaining guests

• learning

• petting my dog

• reading

• volunteering

• working for pay

Every person’s list of how they prefer to use their time is different. My list looks the way it does because everything on it brings me joy. I could have added riding on my mower, being in the forest, travelling, or any number of additional joy-filled activities. I could be very specific or very general. I could categorize every activity into a joy bucket and those that don’t bring me joy could be removed from my life (laundry, for instance—kindly done by my spouse!). Like

most of humanity, there are things that I do regularly that don’t bring joy but do bring order to my world.

Why Does Volunteering Make the Short List?

When Kim Clarke asked me to write an article for CLLR about volunteering, I immediately responded that I would love to. Why? What is it about helping with a task or contributing to a group that spurs the yes? What need does it fill to undertake a small, medium, or large task that a person receives no monetary compensation for? Where is the value?

Why the Yes?

Like many of you, dear readers, I am a people pleaser. I enjoy observing the joy in others. I like to see people enjoying events, to imagine them smiling at or pondering something I’ve written. I like the emotional high of ensuring that someone else is happy.

This is not a unique perspective for a librarian. I am fairly certain that any of us who enjoy the profession’s public services aspect can relate to this. Remember the last time one of your patrons/clients/colleagues complimented you for your work? How about the last time you saw the light of understanding enter someone’s eyes when you were teaching? Remember the feeling of going the extra mile and being appreciated?

There is nothing quite like knowing that your unique talent has delivered something good to someone.

Why the Yes for CALL/ACBD?

Many of you will have attended the most recent CALL/ACBD conference in Montreal. You will have observed a group of hardworking volunteers, be they Conference Planning Committee members, the executive, or committee folk, performing tasks simply because they said yes when asked to undertake them. There is something extra special about helping with activities in your professional association, for and with your peers.

Your talents in this sphere are less unique than they might be in your workplace or in your family. Others can do what you have stepped forward to undertake. So why bother to volunteer or say yes when asked?

I always assume that when I am asked, it is because a job needs to be done. If there is a job to be done, and I have the capacity to do it, then why say no? When there is a general call for help, my first thought is how I can fit that work in. The reason for this attitude is that I know that anything I do for CALL/ACBD will be recognized by my valued peers. I also know that everything that CALL/ACBD undertakes benefits me—either the past me, present me, or future me.

There is nothing quite like knowing that your common talent has delivered something good.

Emotional Fulfillment

I first retired from my long and fulfilling law librarian career in the summer of 2018. Thankfully, I had one of the best volunteer jobs around: vice president of CALL/ACBD.

That was a personally difficult year, as one of the main reasons I retired was to take care of my father’s estate. It also was probably my least successful year career-wise. I felt that my work for pay was emotionally valueless and that my contributions to my employer were less effective than I wanted them to be. I grieved, not only my dad, but my job and my decision to exit the workforce.

I remain thankful that I said yes to standing for CALL/ACBD VP in 2017. Not only do I look back and feel good about my contributions to our association, but I am also extremely grateful that I had the extra time to devote to the association during the onset of COVID and the turmoil that resulted. I remain amazed by the resilience of my CALLeauges and extremely grateful to those board and committee members I served with during my tenure. CALL/ACBD offered emotional

fulfillment during a time when other opportunities for the “helping high” were not available.

There is nothing quite like feeling that your efforts supporting something are needed.

Professional Opportunities

My experience volunteering with CALL/ACBD has led to other opportunities, both in my work-for-pay life and otherwise.

At my law firm, when I sought approval to accept the nomination as CALL/ACBD VP, my employers were happy, and maybe a little surprised. Learning that a staff member is valued outside the workplace often provides a lens to revaluing them inside the workplace. Often law (firm) libraries are not rife with career advancement opportunities. Adjusting how your employer perceives your wider contribution and abilities is an opportunity that can be capitalized on.

We all have times when we need to self-promote. I now sit as a member of the board of directors for my rural utility coop. Leadership with CALL/ACBD provided practical tools that help me be an effective director. Governance, external relations, financial management, meeting etiquette—all the skills I learned volunteering with CALL/ACBD helped me get elected to my current role. There aren’t as many differences as you might think between volunteer boards and business governance.

Volunteering and the resulting name recognition can lead to other opportunities coming your way. I speak from personal experience, as it has led to one of my post-retirement jobs. A fellow I knew from some volunteer work I did with the Legal Education Society of Alberta (LESA) called me in the summer of 2019 about a legal AI startup that he heard about, which led to my current affiliation with Alexi. Had I not said yes to LESA, I wouldn’t have been top of his mind when he pondered, “Who do I know who knows legal research and could give me some vetting information about this new product?” I have enjoyed working with Alexi ever since—an opportunity that came my way because I volunteered.

Sometimes it might seem as if the same people are doing the work over and over again. One of the reasons for this is that they are the folks who say yes.

Hopefully my perspectives on the value of volunteering resonate with you. The next time you see a CALL for volunteers, consider the benefits of saying yes.

By David H. Michels* and Hannah Rosborough†

ABSTRACT

This micro-ethnographic case study explores the effectiveness of an escape room format game to test legal research skill retention. Previous attempts to benchmark legal research and information literacy skills of Schulich Law students across the program have met with limited success in part because of the difficulty in recruiting participants. This study used a game format to gather data on student skill retention over the course of the program. Using an adaption of the popular escape room format, student teams in the first and second years of the JD program solved a series of research problems to “escape.” Observations of four escape room sessions allowed researchers to evaluate both research skills and participation in library activities. This article describes the planning and development of the escape room, as well as the data capture, analysis, and results.

SOMMAIRE

Cette étude de cas micro-ethnographique explore l’efficacité d’un jeu de type « escape room » pour tester la rétention des compétences en matière de recherche juridique. Les tentatives précédentes d’évaluation des compétences en matière de recherche juridique et de maîtrise de l’information

‖‖ Inescapable Skills: Testing Legal Research Skills in an Escape Room

des étudiant·e·s de Schulich Law tout au long du programme ont connu un succès limité, en partie à cause de la difficulté à recruter des participants. Cette étude a utilisé un format de jeu pour recueillir des données sur la rétention des compétences des étudiant·e·s tout au long du programme. En adaptant le format populaire de la salle d’évasion, les équipes d’étudiant·e·s des première et deuxième années du programme JD ont résolu une série de problèmes de recherche pour « s’évader ». L’observation de quatre sessions du jeu d’évasion a permis aux chercheurs d’évaluer à la fois les compétences de recherche et la participation aux activités offertes par la bibliothèque. Cet article décrit la planification et le développement du jeu d’évasion, ainsi que la saisie des données, l’analyse et les résultats.

Rationale and Background

Legal research skills are foundational in all areas of the practice of law. At the Schulich School of Law, mandatory research training occurs during the first year of the threeyear program in the course Legal Research and Writing (LRW). The research component is designed and taught by law librarians with an intent to impart life-long learning skills. There are three librarian instructors, including the authors, who teach a common curriculum. There are five objectives for the course, as described in the syllabus:

* David H. Michels is the Public Services Librarian at the Sir James Dunn Law Library

† Hannah Rosborough is the Instruction and Scholarly Communication Librarian at the Sir James Dunn Law Library

First, it introduces you to some of the fundamentals of good writing, whether writing in law or any other discipline. Second, it assists you in developing your ability to read and comprehend legal materials. Third, you will explore the process of legal research with the aim of developing a basic understanding of primary Canadian legal materials and secondary sources in both print and digital form. Fourth, on completion of the course you should be able to draft a memorandum (one of the forms of legal writing), a client letter, a factum (a written appeal argument), and be able to cite legal sources flawlessly. Finally, you should develop your analytical skills in this course; most especially, the technique of using legal authorities to assist you in offering your opinion on the resolution of legal problems.1

The course is taught in a hybrid format, combining recorded lessons with in-person lectures and exercises. The course is divided into three modules: secondary sources, legislation, and case law. In the secondary source module, for example, there are lessons on the library catalogue, subject guides, legal dictionaries and encyclopedias, law journal databases, and evaluating law blogs and web sources. Under the category of legal encyclopedias, students would master topical browsing and keyword searching for the encyclopedias considered, and then construct an appropriate citation to an article. The instructors classify these as three separate skills. The instructors identified at least 48 separate skills that are taught in the course. Some skills might be unique to legal sources, like identifying the elements of a case, while other skills might be general, like using the library catalogue. It is impossible to assess all 48 skills taught to the same extent, so instructors select key skills to evaluate. A common theme throughout the course is how to incorporate these skills into the legal research process.

Research skills are evaluated through the completion of a research portfolio in the first semester, and then a research memorandum in the second semester. The research portfolio addresses select skills taught during the case law, legislation, and secondary sources modules. The memorandum connects these sources to the legal research process. Legal citation, following the Canadian Guide to Uniform Legal Citation (“McGill Guide”)2 is a graded component on all assignments.

In 2011–12, Michels used a standardized test, SAILS, to measure general information literacy skill retention over time for students at the Schulich School of Law.3 The SAILS test was administered to first-year law students immediately after completing the LRW course, and to second- and third-year law students. The study found a decline in general legal literacy skills over the second and third years. This study was limited in that it did not measure specific legal research skills. The voluntary nature of the test made student recruitment particularly challenging. This raised the question: how can we make testing more appealing?

Literature Review

Legal Literacy

Information literacy specific to legal research skills has been researched less than general information literacy in academic libraries, and a survey of the Index to Legal Periodicals uncovers only a handful of studies in the past decade. The adoption of information literacy standards into legal research models in North America happened later than in other disciplines.4 In the Canadian context, there is a notable gap in the research on the theory and practice of teaching legal research and legal information.5 As Svetlana Kochkina asks, “Yes, we do it, but how?” Studies in other professional fields such as pharmacy have raised concerns that students do not retain information skills taught early in their curriculum if they do not have the opportunity to reinforce their learning through regular use.6 A 2022 article in the Journal of Academic Librarianship reviewed the current literature on the use of student learning outcomes (SLOs) in response to increasing focus on outcomes in higher education as it pertains to library instruction.7 In the article, Harold Goss found that SLOs were not often discussed in the library literature, but there were opportunities to contribute and shape assessment culture.8

Legal information literacy skills are typically taught in LRW courses, with the research portion frequently taught by a law librarian. These are often mandatory first-year courses and can be supplemented by advanced legal research courses taken as electives in upper years.9 Many students do not work in a professional legal setting until they have completed their legal education, and, as a result, the retention of legal research skills has primarily been observed from the perspective of the law firm when a student begins their

1 Mark Lewis, David H Michels & Hannah Rosborough, LAWS 1014 & 1024 Legal Research and Writing, 2020-2021, Syllabus (Schulich School of Law, Dalhousie University, 2020).

2 McGill Law Journal, Canadian Guide to Uniform Legal Citation, 9th ed (Toronto: Thomson Reuters, 2018).

3 David H Michels, “SAILing through Law School: Assessing Legal Research Skills within the Information Literacy Framework” (2016) 41:1 Can L Libr Rev 14.

4 Dennis Kim-Prieto & Mustafa Kerem Kahvecioglu, “Three Faces of Information Literacy in Legal Studies: Research Instruction and Law Student Information Literacy Standards in the American Common Law, British Common Law, and Turkish Civilian Legal Traditions” (2014) 42:2 Intl J Leg Info 293 at 295.

5 Svetlana Kochkina, “Teaching Legal Research and Government/Legal Information: Yes, We Do It, but How?” (2018) 43:3 Can L Libr Rev 9.

6 Deborah Chiarella et al, “Information Literacy Skills Retention Over the First Professional Year of Pharmacy School” (2014) 33:3 Med Ref Serv Q 302.

7 Harold Goss, “Student Learning Outcomes Assessment in Higher Education and Academic Libraries: A Review of the Literature” (2022) 48:2 J Academic Librarianship 102485.

8 Ibid at 8.

9 C Elizabeth Peura, “Electronic Legal Research Tools: An Examination of the Resources Available, Training of New Attorneys, and Employer Expectations” (2014) 33:4 Leg Ref Serv Q 269.

career as a legal professional.10

Although experiential learning methods are being used across Canada in the teaching of legal skills through activities such as moots, legal aid clinics, and pro-bono work,11 these experiences often occur over the course of a semester or full year in a wide variety of settings. These elements make it difficult to observe how and if legal information literacy and legal research skills learned in an LRW course are being utilised and applied correctly.12

Games Theory

Using games to teach information literacy has been well researched within the context of library instruction. Particularly, gamification has been used to increase participation and engagement of post-secondary students in information literacy instruction provided by academic libraries.13 Notably, the type of games described as an “alternate reality game” (ARG)14 have been identified as a worthwhile information literacy activity by many academic libraries in North America, including well-known institutions such as MIT and Penn State University, as well as Canadian universities such as the University of Calgary and Dalhousie University.15 An ARG can be virtual or physical and includes a problem immersed within a storyline that must be solved using the appropriate resources within the library.16 ARGs have been implemented with success in increasing participation and engagement in both the use of libraries’ resources generally and attendance of information literacy instruction sessions specifically, for students across various faculties and levels of post-secondary education.17

Escape Room Design

In this study, we built an escape room in the Sir James Dunn Law Library.18 Like traditional escape rooms, there were a series of puzzles that must be solved for the team to “escape” within a 60-minute time limit. Many of the puzzles in our escape room required specific legal research skills previously acquired in the LRW program to solve. The participant interactions in the escape room were video and audio recorded. The researchers reviewed the LRW class materials, such as instructional videos and PowerPoint presentations, and then listened for references to that material as participants solved the puzzles. References

could be general or specific; for example, “We talked about this in class.”

Design Decisions

We made several decisions that impacted our room design. We would use a combination of logic puzzles and legal research puzzles, and some puzzles were multipart. This meant that some of the puzzles or elements of puzzles were like regular escape room puzzles. Even if the participants did not retain legal research skills, they would be able to make some progress. Like popular escape rooms, the maximum time for this puzzle would be one hour. We wanted to set the difficulty level so that at least half of our participant teams could escape. We anticipated an average completion time of 45 minutes. Given these parameters, we could not test 48 skills. We selected five representative legal research skills to test for this study.

Representative Skills

I. Secondary Sources:

a. Legal encyclopedias – Using the reference tool correctly to locate a clue.

b. Textbooks – Organizing items in correct bibliographic order.

II. Primary Sources:

a. Legislation – Using the Table of Public Statutes correctly to locate a clue.

b. Case law – Arranging a citation in proper order to locate a clue.

c. Case law – Interpreting a judicial history correctly to locate a clue.

Some of the puzzles were sequential, meaning participants had to complete them in a particular order to advance (the full list of puzzles and their order in the gameplay are found in Appendix 1). We included several “red herring” puzzles to slow game play.

The Space

Following the pattern of commercial escape rooms, we chose an optimal team size of four to five people, and this

10 Nancy B Talley, “Are You Doing It Backward? Improving Information Literacy Instruction Using the AALL Principles and Standards for Legal Research Competency, Taxonomies, and Backward Design” (2014) 106:1 Law Libr J 47.

11 Gemma Smyth, Samantha Hale & Neil Gold, “Clinical and Experiential Learning in Canadian Law Schools: Current Perspectives” (2017) 95:1 Can Bar Rev 151.

12 Rebecca Lutkenhaus & Karen Wallace, “Assessing the Effectiveness of Single-Session Legal Research Skill Instruction Through Pre- and PostTesting: A Case Study” (2015) 107:1 Law Libr J 57.

13 Kelly Giles, “No Budget, No Experience, No Problem: Creating A Library Orientation Game for Freshman Engineering Majors” (2015) 41:2 J Academic Librarianship 170; Lisa Martin & Will Martin, “Modifying an Information Literacy Game for Outreach Events” (2015) 43:4 Reference Services Rev 643.

14 Jason J Battles, “Beyond the Board” in Breanne A Kirsch, ed, Games in Libraries (Jefferson, NC: McFarland, 2014) 187 at 187.

15 Michelle Boulé, “Drawing First-Year Students: Seven Inventive Programs Attract Newcomers on Campus” (2009) 134:18 Library J 24; Battles, supra note 14; Lindsay McNiff & Melissa Helwig, “Waking Up the Library Tour: Keeping It Interesting with Instagram” (2014) 78:2 APLA Bulletin 15.

16 Battles, supra note 14.

17 Giles, supra note 13; Battles, ibid; Mary J Snyder Broussard, “Digital Games in Academic Libraries: A Review of Games and Suggested Best Practices” (2012) 40:1 Reference Services Rev 75.

18 The researchers gratefully acknowledge the financial support of this project from the Council of Atlantic University Libraries Collaborative Research and Innovation Grant. We also acknowledge and thank the Dalhousie Centre for Learning and Teaching for a Scholarship of Teaching and Learning Grant.

meant we needed a room large enough for five people to move about. We had permission to temporarily use a room in the basement of the library. The size and shape of the room constrained the design. The room was rectangular, 14 feet wide by 16 feet long with nine-foot ceilings. There was one door at one end of the wall, and the rest of that wall was glass and faced out toward the corridor. One wall had a high window starting five feet above the floor to the ceiling and running the full length of the wall. There were metal bookshelves mounted on part of another wall, and the room was filled with furniture. The sound proofing was poor and conversations from outside the room were audible. We removed the furniture and built fabric covers for the windows to completely black out the room. We used the design software Sketchup to create initial floorplans of the escape room, but we still lacked a theme.

The Game Theme

After exploring several ideas, we settled on the following theme and backstory:

It is 1946, Halifax, Nova Scotia. The city is experiencing a post-war boom and with it, organized crime. Crown attorney Shapiro is set to take down the mob, and major mob leaders are scheduled to appear before the Nova Scotia Supreme Court today. Hours before the court hearing, Shapiro has disappeared. You have been sent by the crown’s office to Shapiro’s office to find out what happened, find the evidence he gathered, and get to the court in time. You have one hour before the mob walks.

This backstory provided a framework for our escape room. The object would be to locate a hidden file of evidence. The décor would reflect a 1940s lawyer’s office. We sourced period office furniture on campus and purchased pieces such as a telephone, typewriter, radio, and lighting fixtures. With the addition of period photographs and decorations, we were able to create a convincing environment. To address the problem of noise from adjacent spaces, we rewired a vintage Bakelite radio to play low volume background 1940s music. The challenge with this theme was that we were limited to using print legal research tools. Although our students were familiar with both print and online versions of the tools, they more frequently used online versions. We designed one puzzle that would evoke an online tool.

Testing the Game

During development, we invited several test teams to provide feedback on the gameplay and to verify that the puzzles were solvable within the planned time and actually assessed legal research skills. The first team was composed of law school staff, including legal research instructors, as they would be familiar with the skills being assessed. The second team was upper-year law students. The third team

Inside the escape room

was information professionals who possessed exceptional research skills but not legal research skills. The feedback after each session allowed us to refine and redesign the escape room. They also confirmed that we were assessing legal research and not only information or logic skills, and that these skills were required to escape.

Gameplay

At the scheduled time, the four teams of student participants were briefed on the rules of the game: clues are in easily accessible places (not in the ceiling, behind wallpaper, nor under carpet); do not dismantle or damage props or furniture; you may leave at any time; and the door is closed, but not locked. They were reminded that we would be watching and listening to the game progression on camera. If they were stuck and needed a hint, they could phone us using a period rotary dial phone in the room. All teams used at least one hint. The game facilitators could also intervene as needed. They could have two hints during the game time. When the rules were clear, the team entered the room, and the clock started. Game facilitators watched the progression from outside the room. The game ended when the final puzzle was solved, or the time ran out.

Methodology

For this study, we chose a micro-ethnographic case study methodology. It is micro-ethnography or video ethnography in that it “is the analysis of ‘small’ moments of video recorded human activities as they occur naturally.”19 That the activities are occurring within social interactions make this appropriate for ethnographic inquiry, as it “addresses ‘big’ social and organizational issues through careful analysis of ‘small’ moments of human activity.”20 We refer to this as a case study approach because our analysis focuses on four snapshots of activity: the four group runnings of the escape room. A case study has been defined as “an in-depth examination of a situation, an event, a policy, or an institution.”21

The researchers were participant observers, engaged in

19 Rebecca Y Bayeck, “Is Microethnography an Ethnographic Case Study? And/or a Mini-Ethnographic Case Study? An Analysis of the Literature” (2023) 22 Intl J Qualitative Methods 1 at 2.

20 Ibid at 3.

21 Ibid at 2.

both the gameplay and recording the interactions. Matthias Herrle described the appropriateness of ethnographic microanalysis in the classroom setting because of the plurality of people interacting, the multimodal nature of their interactions, the fleeting nature of these interactions, and the narrow scope of the researcher’s attention.22 Rather than repeatedly visiting the field, as in traditional ethnography, the researcher repeatedly revisits the audio-visual record to make sense of the information overload that any complex interaction creates. A distinguishing feature in ethnographic case studies is the use of multiple field methods, whereas here our primary data sources are the videos. This would be like recording visits to a doctor’s office,23 or specific activities in a classroom. Each running would be a case in this study.

Study Population and Recruitment

Participants in this study were recruited from the first (1L) and second (2L) years of the JD program at the Schulich School of Law. To measure skill retention, we needed students who had recently completed the LRW course and students who had completed the course the previous year. We recorded four sessions with a total of 18 students. Students in the first year of the law school program are divided into three sections, each with a different legal research instructor. Since the three sections use a common curriculum and assessments, we did not believe that differences across the sections would significantly impact our results.

Student participants were recruited using a variety of communication channels. Information about the study was communicated using posters, in-class announcements, the library blog, and word of mouth. Potential participants were directed to a library guide that described the nature and purpose of the game and the back story. To sign up for the game, participants had to read the study overview and acknowledge their consent to participate by clicking on the “proceed” button. This directed them to an Eventbrite page where they would choose a date and time from a list of timeslots. They would provide their name, email, and program year for verification purposes. The names of those who had registered for each timeslot was not public. Since participants were required to be in teams, it was their responsibility to communicate to their team members the timeslot they had selected. There was a maximum of five participant sign-up spaces for each time. All Dalhousie law students who had completed the first-year LRW course were eligible to participate.

Research Ethics

Ethics approval for this study was granted through the Dalhousie University Research Ethics Board (Application REB # 2018 – 4407) on February 9, 2018, and was renewed for two following years. The application was also submitted to the Research Office of the Schulich School of Law. Since participants were observed and recorded during gameplay, protocols were in place to ensure informed consent,

confidentiality, and data security. The data will be retained on the Dalhousie University networks for a minimum of five years after publication of any results. The outcomes of individual team members or teams were not made public by the investigators. Anonymized IDs were created for all participants in the Eventbrite registration system.

Data

The data consisted of four video/audio recordings in mp4 format. These were recorded with a wired ceiling mounted camera and microphone. The camera had a wide-angle lens and was placed in the corner of the room seven feet above the floor. There were places in the room that were out of view. Participants also physically blocked the view when working on certain puzzles. In both cases, it was possible to rely on the audio to know what was happening. In the setup of the room, background music was used to mask noise from outside the room and to create mood. The music was picked up by the audio recorder more than anticipated. Participants frequently spoke over each other, and at various volumes. Initial attempts to use automated transcription were not successful. To address these issues, software was used to split the mpeg into audio and video tracks. Using sound editing software and an AI-powered audio service, the audio track was converted to a wav file and processed to remove the music and background noise and to enhance speech. This resulted in improved audio files, although the quality remained poor. We were then able to use automated transcription to create transcripts that could be used in conjunction with the video and audio. The transcripts were manually edited.

Table 1: Sessions Data

22 Matthias Herrle, “Ethnographic Microanalysis” in Matthias Huber & Dominik E Froehlich, eds, Analyzing Group Interactions: A

for Qualitative, Quantitative and Mixed Methods (New York: Routledge, 2020) 11 at 12.

23 Leanne M Kelly, “Focused Ethnography for Research on Community Development Non-Profit Organisations” (2022) 23:2 Forum: Qualitative Social Research / Qualitative Sozialforschung 114.

The view from the ceiling-mounted camera

Table 2: Team Data

Table 3: Participant By Session with Program Year

used to solve the puzzle. For example, did they use a taught process, or trial and error? Verbal cues were coded in the transcripts.

Legal Encyclopedia

The first skill category was legal encyclopedias. Participants needed to recognize the license plate puzzle clue HCR239 as a reference to Halsbury’s Laws of Canada, Criminal Offenses and Defences at HCR-239 “Cheating at Play.”24 After locating the correct section of text, the team could use the grille cipher (see Appendix 1) for their next clue. The elements of a Halsbury’s citation were discussed in the LRW class and then practiced through class exercises. Rather than using the encyclopedia in digital form in the escape room, participants would use the print format. All teams immediately identified the legal encyclopedia Halsbury’s However, only Team 4 also recognized which volume “HCR” referred to. All teams recognized the license plate number was related to this puzzle. Teams 1, 2, and 3 used variations of trial-and-error searching within each volume on the shelf to determine which was correct. While Teams 1, 2, and 3 made the valuable connection that Halsbury’s was a secondary source taught in LRW and was part of the puzzle, only Team 4 correctly identified the volume and efficiently applied the complete legal research skill. All teams solved the legal skill portion of the puzzle, although one team required a phone hint to use the cipher.

Bibliography

Data Analysis and Results

To analyze the data, we first identified dialogue and activities associated with each of the five legal skills. Dialogue from the transcripts was coded for each session and puzzle. This proved challenging, especially for the first few puzzles, as participants misapplied clues to different puzzles or worked simultaneously on multiple puzzles. Dialogue relating to each puzzle was copied into a new document so conversations from each session could be compared.

The next clue was in a trunk locked by a directional padlock. It was opened by moving the centre face of the lock in the correct sequence of movements (up, down, left, right). Participants were required to locate four textbooks on the bookshelf that each had a compass direction (north, south, east, west) in the title. They had to put the textbooks in correct bibliographic order by placing last names of the authors in alphabetical order to determine the order of the compass directions: north = up, west = left, etc. Proper citation order had been discussed in class, examples were provided in the McGill Guide, and the skills were assessed through a class assignment. All teams solved this puzzle within comparable times, and all teams immediately recognized the proper order, although all asked for confirmation from teammates. Team 3 specifically referenced the McGill Guide rule with confidence.

Table of Public Statutes

We looked first for indications that participants quickly recognized the legal skill required, and then for the process

To solve the next legal puzzle, participants had to collect five stones hidden around the room, each with a citation to a statute and a code word written on them. Using the Table of Public Statutes, they had to determine which of the five citations was not an amendment to a particular federal statute. The code word of the citation that was not an amendment would open the next lock. In alignment with the 1946 theme, participants had to use a print version at the back of a volume of annual statutes. The legal research skill of tracing legislative history had been taught and evaluated using the Table of Public Statutes available as an

on the Justice Laws website.

Table 4: Words of Dialogue Captured by Puzzle and Session

Team 1 located the Table but required a phone hint to apply what they found and solve the puzzle. Team 2 did not locate the Table but solved the puzzle using trial-and-error. Team 3 quickly located the Table but struggled to locate the answer and solved the puzzle by trial-and-error. Team 4 debated whether they needed the Table or the Revised Statutes They eventually used trial-and-error to open the lock, and although they did find the Table, they did not recognize how to use it.

Elements of a Citation

One of the simplest but most challenging legal puzzles required participants to arrange a set of case citation elements in the correct order. The puzzle was a four-sided, six-segmented cylinder with elements of case citations printed on all sides. Case citation is a key skill and had been taught across several lectures. Examples are provided in the McGill Guide and in lecture PowerPoints and videos. Case citation was evaluated in several assignments.

Although students were taught distinct types of citation forms for databases, neutral citations, and official and commercial reporters, they were not required to “unscramble” elements from these distinct forms in class. A bonus clue was available, if recognized, in the form of the first page of a case report providing multiple parallel citations. All the teams located this bonus clue, but none appeared to recognize its value.

Team 1 struggled with this puzzle. Notably, they were able to solve the first three puzzles quickly, but became stuck on this one, taking 21 minutes before requesting a hint. They then applied the proper legal research skill to the puzzle, but unfortunately used the combination on the wrong lock. Team 2 identified the nature of the puzzle quickest and specifically referenced the McGill Guide. Although they looked for an example clue, they did not connect the previously located page of parallel citations to the puzzle. Teams 2 and 3 used both a correct process, and then trial-and-error on the final numbers. Team 4 initially struggled with this puzzle and which tool to use. They eventually determined a systematic process and solved the puzzle without fully adhering to the associated skill of case citation.

Case History

The final legal puzzle required participants to assemble a graphical representation of a case history. This graphical representation is like the case history graphical view on the Westlaw platform. Decisions in a case history are arranged in a flow chart or, in our version, the branches of a vine growing up from lowest to highest court. The case used in this puzzle was featured in the PowerPoint and video lectures for the class “Noting Up Cases.” Students were not required to create graphical representations of case histories but were required to interpret them through providing a McGill citation that indicated they understood how a case had proceeded through the hierarchy of the courts. A bonus clue provided the complete case history in list form.

Team 1 quickly recognized the puzzle as a case history of Cadbury-Schweppes, 1999 CanLII 705 (SCC). Initially, they used a trial-and-error process by arranging the cases

chronologically, and later located the case history clue. Although they now had all the clues, Team 1 ran out of time before completing this puzzle. Team 2 recognized that this puzzle was a case history and searched for a table of cases among the books. They recognized the reporter abbreviations and attempted a trial-and-error chronological process to solve the puzzle. This was unsuccessful, and they requested a phone hint, which enabled them to locate the case history clue. They used it correctly to solve the puzzle. Team 3 recognized the puzzle as a case history and debated whether to look for a table of cases or use a trial-and-error chronological process. They were successful using the chronological process and did not use the case history clue. Team 4 did not initially recognize this as a case history puzzle but did recognize the case as one from class. They recognized the reporters from their abbreviations but were not able to solve the puzzle using a trial-anderror chronological process. Returning to their previously discovered clues, they located the case history clue and solved the puzzle. Each team eventually understood that this puzzle was a case history, and they each attempted to apply the associated legal research skills even when they had not yet located the bonus clue.

Results

The team with the fastest time escaping was Team 3, a 1L team. This aligned with our hypothesis that the teams that had completed LRW that semester would be more successful, having recently learned and applied the tested legal research skills. However, we were surprised that the only team that did not complete the escape was Team 1, the other 1L team, after becoming stuck on the fourth puzzle. The team performed well on the three previous puzzles but had insufficient time to complete the last, although they had determined the solution. The two 2L teams escaped in a similar period, approximately 45 and 49 minutes, respectively.

Both 1L and 2L teams approached the overall gameplay similarly. There were some differences in how 1L and 2L teams solved the individual puzzles. In the first puzzle, a 2L team demonstrated the best understanding of the encyclopedias. In the second puzzle, it was a 1L team that directly referenced the McGill rule in completing the puzzle. In the third puzzle, both 1L teams located and attempted to use the Table, while the 2L teams did not. In the fourth puzzle, the 2L teams demonstrated the quickest recognition and best approaches to solving the puzzle. For the fifth puzzle, the results were mixed, with three teams completing it. The 1L team that completed the puzzle recognized the tools needed, but mostly used trial-and-error. The 2L teams both followed a systematic process and relied less on trialand-error, although one team used a phone hint.

Conclusion

We can conclude that the 2L teams retained, to a significant degree, the skills learned in the Legal Research and Writing course. It was not possible to distinguish 1L and 2L teams based on their game performance alone, as all teams displayed strengths and weaknesses in LRW skills. It is possible that certain skills were not used as often in the

second year, like the Table of Public Statutes, where neither 2L team used it, while other skills, such as the elements of a citation and case histories, might have been reinforced through use in upper-year research papers. Further research should be conducted to identify which skills are being actively reinforced after 1L.

There were many variables that we were not able to control in this study. Some teams were more effective at communicating and collaborating in solving the puzzles. For example, when clues were placed on the table in the centre of the room, all team members could interact with them. When clues were placed on the table in the corner, only one or two team members could interact with them. This lack of collaboration may have impacted problem solving in several cases. It was observed in other cases that some participants were less confident or assertive in expressing and acting on their ideas, or their ideas were dismissed by colleagues. In at least two instances, the team took longer to solve the puzzle because of these behaviours. There were also technical issues in data collection. The low quality of the audio-video recordings made coding dialogue and activities challenging, and this negatively impacted the quality of the data. In any future studies, it would be advisable to use multiple cameras and microphones to better capture dialogue and activities. Care needs to be taken to reduce background noises. The small sample size of 18 also makes generalization difficult.

We can conclude that games such as this one can be used successfully to measure skills retention. It was apparent that some puzzles or parts of puzzles could be forced by trialand-error processes, even if this was more time consuming. We would need to address the balance between logic and skills puzzles in any future designs. Even in these situations, we were still able to gather insights through the ways they framed the problem, their problem-solving thought processes, and the application of these LRW skills in other contexts.

Developing the escape room was a time-consuming project. Additionally, having a dedicated space monopolized by this project was a significant commitment by the library. The experience for the participants was very enjoyable, as evident from comments made in the recordings, and the press we received through the university media for this initiative was excellent.25 If we were to redo this game in the future, it would be on a smaller scale with puzzles that could be swapped out periodically so the game experience could be varied.

Appendix 1

Inescapable Skills – Game Progression

1. Halsbury’s puzzle – Legal Skill: Identifying and applying an alphanumeric citation reference to Halsbury’s Laws of Canada encyclopedia to locate a specific entry. Logic Skill: Using a grille cipher to read a hidden message on the page.

Steps:

a. A message with instructions in a phone book on desk.

b. A Nova Scotia license plate is mounted over the entry door with a Halsbury’s Laws of Canada encyclopedia citation: HCR-239. There are several volumes of Halsbury’s on the shelf but only one that matches this reference: Halsbury’s Criminal Offences: “Cheating at Games.” The plate is visible in a reflection in a mirror on the facing wall.

c. There is a grille cipher in the first locked jewelry box. The grille cipher has holes that line up with text on the page to reveal specific letters that can be used to spell a word. The key to the jewelry box is found in a pocket of a coat on the chair. There is a keyring with many keys but only one will work in the lock.

d. The grille cipher placed over the Halsbury’s entry reveals the words “to” “op” “en” “the” “desk” “have” “a” “ba” “ll”.

2. Bibliography puzzle – Legal Skill: Placing four textbooks in appropriate McGill bibliographic order according to author. Logic Skill: Using four-letter and geographic combinations to open locks.

Steps:

a. Locked drawer in desk with a four-letter combination lock opened using letters “BALL.”

b. Instructions in a lockbox found in the desk. The key to lockbox in a small box on bookshelf.

c. The four textbooks have geographic terms in their titles: North, South, East, West. When they are placed in proper order, they reveal four compass directions needed for the directional lock.

d. The correct compass directions order is N, W, E, S.

3. Amendment history puzzle – Legal Skill: Using the Table of Public Statutes to identify the amendment history of an act. Logic Skill: Identifying the five-letter word that does not belong as the combination.

Steps:

a. Five citations to amending legislation written on five stones hidden around room. There is a fiveletter word describing each amending act written on the stones.

b. Stone puzzle instructions in the second, unlocked jewelry box on bookshelf.

25 Marlo MacKay, “Defeating the Mob in the Law Library, Halifax, 1946: Gamifying Research Skills Testing at the Dalhousie Libraries” (17 May 2019), online: <blogs.dal.ca/libraries/2019/05/defeating-the-mob-in-the-law-library-halifax-1946-gamifying-research-skills-testing-at-the-dalhousie-libraries> [perma.cc/4BJP-GWK6].

c. An annual statutes volume sitting on mantle of the fireplace. In the back is the Table of Public Statutes. Using the Table to determine which citation is not to an amending statute.

d. The puzzle answer is “TRADE”.

4. Citation elements puzzle – Legal Skill: To correctly arrange the required elements of a McGill case citation. Logic Skill: To use two diverse types of alphabetical combinations to open the associated locks.

Steps:

a. N-W-E-S opens the four-directional combination lock on the trunk.

b. There is a five-letter padlock on a bag found in the trunk. We have a five-letter clue: TRADE. These five letters in this order opens the lock.

c. Inside the bag there is a four-sided cylinder made of four blocks on an axel with a stationary sphere on each end of the axel. On each of the four sides of the blocks there are elements of a citation. Rotate the blocks on the puzzle to correctly align citation elements. When the citations are properly aligned, a six-character number in red beneath each of the elements can be seen. When the blocks are aligned correctly, the citations on all sides will be in the correct order.

d. Top sphere: “R v Jones” “1”

First Block: “, [2017]”, “, 2017”, “, [2017] 1”, “(2017),”

Second Block: “6 DLR”, “SCJ”, “SCC”, “SCR”

Third Block: “No 4”, “60”, “60”, “60”

Fourth Block: “___”, “___”, “(SCC)”, “(QL)”

Bottom sphere: “1”

e. Correct order: R v Jones, 2017 SCC 60 ___. Combination: 1-2-1-6-5-1

5. Case history puzzle – Legal Skill: To read and apply the chronological progression of a case history. Logic Skill: To arrange the puzzle in correct chronological order and invert to reveal a combination.

a. Use the six-character number to open the briefcase locks 1-2-1-6-5-1.

b. In the briefcase there is a box with a vine leaf painted on top. Inside the box are a set of nine tiles with case citations on one side in black and numbers and words on the other in red. One of the tiles has a Schweppes beverage label on it.

c. On the fireplace mantle there is a tile frame with a vine painting. If the tiles are assembled in the correct order, the citations will create a case history for Cadbury Schweppes Inc v FBI Foods Ltd, [1999] 1 SCR 142. The verso side of the tiles, when assembled in correct order, will reveal the instructions on how to open the combination lock.

d. In the trash can in the corner, there are two Schweppes beverage bottles. One has a piece of paper. The piece of paper has a laundry list written on it (1 suit – 3 pieces… etc.). This is not a clue but rather a red herring. The case history table can be found printed on the back label of the bottles. This will allow the participants to assemble the visual history in correct order.

e. Inverted puzzle pieces reveal the combination for steel cabinet lock. “2x” “Right” “26”, “1x” “left” “20”, “___” “right” “8.”

6. Finished: In the filing cabinet there is a file that includes “evidence” in the form of photographs, case judgments, letters, and other legal documents. Clipped to the file is a letter: “Dear Colleagues, you have found my documents. Good work! The trial will continue, and the mob will be broken. Thank you for your service.”

Additional Clues

1. Letter left in typewriter.

Justice John Stanley Smiley Nova Scotia Supreme Court Halifax, Nova Scotia May 27, 1946

Dear John,

I am writing to you as a precautionary measure in the event something nefarious should befall me. I believe my office is being watched, and last evening a dark grey Buick, licence number 27-51-71, followed me home from my office. I may need to disappear quickly. If I do not make it to the courthouse, I have hidden my documents throughout my office. They will undoubtedly ransack my files, but these people are common thugs who only know the butt of a gun. I have concealed the relevant files using puzzles that only a legally trained person could solve. Send your best Dalhousie trained lawyers to solve them, find my files, and continue my work.

With my utmost respect and thanks.

Your Friend,

2. Note in jewelry box.

The Public thinks the Law is a Monolithic Rock. The Lawyer knows it is built of little stones In 1932 four statutes changed the Criminal Code Five are found, one is a lie,

The Table of Public Statutes knows which. The word of the lie opens the lock.

3. Telegram in mail bin.

Jon. Unwanted visitors today. Treasures safely hidden. Left the message with HCR out in the Hals. Look through the keyholes. Ness.

4. Letter on desk under letter opener.

Dear Mr. Shapiro,

The Block Puzzle has been prepared per your instructions.

When the case elements align correctly from top to bottom, the neutral’s six numbers, red well, will reveal a sequence that will open the lock.

Sincerely, James Pendrick.

5. Compass clue in desk lockbox.

(Image of Compass Rose, the same as on chest lock.) Four law textbooks with geographic names… If I can list them in correct order in my bibliography, I will have the directions I need.

6. The first page of a case report is under the blotter on the desk. This page has an example of a neutral citation, database, and print reporter forms of citations that can assist in solving the block puzzle.

De la rédactrice – continued from page 5 pas plus loin. Si vous n’avez pas l’espace ou les ressources nécessaires pour organiser un jeu d’évasion réel, il existe des sites Web qui vous permettent de créer des jeux pointercliquer gratuitement. C’est une possibilité que j’étudierai l’année prochaine.

Je vous souhaite à toutes et à tous un bel automne, de joyeuses fêtes et une nouvelle année prospère.

On se retrouve en 2025!

RÉDACTRICE

NIKKI TANNER

‖‖ Reviews / Recensions

Edited by Dominique Garingan and Julie Lavigne

For the Encouragement of Learning: The Origins of Canadian Copyright Law. By Myra Tawfik. Toronto: University of Toronto Press, 2023. 408 p. Includes bibliographic references and index. ISBN 9781487545246 (hardcover) $90.00; ISBN 9781487545253 (ePUB) $90.00; ISBN 9781487545260 (PDF) $90.00.

Myra Tawfik’s For the Encouragement of Learning: The Origins of Canadian Copyright Law offers a meticulously researched and compelling exploration into the historical foundations of Canadian copyright policy. Written with a deep understanding of intellectual property law and the broader socio-cultural, geopolitical, and imperial contexts in which it developed, the book is an invaluable resource for legal scholars, historians, policymakers, and law librarians looking to better understand copyright policy. Additionally, in the context of renewed interest in copyright laws due to numerous lawsuits filed against generative AI companies, the text will also be of interest to practitioners.

At the heart of Tawfik’s work is the argument that Canadian copyright policy has been deeply intertwined with the promotion of learning and education since its inception, as opposed to being rooted in the protection of authorial property, including authors’ economic and reputational interests. In the first seven chapters, Tawfik introduces key players in the academic, publishing, and political spheres who played roles in the development of Lower Canada’s 1832 Copyright Act, the first “Canadian” copyright law. These chapters detail the roles, influences, and motivations of each of these figures in promoting the mass production of educational material to foster a literate and educated population.

The final three chapters examine the evolution of Canadian copyright policy in the face of increasing British interference and the looming reality of Canadian Confederation. In these chapters, Tawfik examines the pushback against the U.K.’s 1842 Copyright Act, the nature of copyright registrations in the Province of Canada, and the protectionist approaches to printing and publishing that shaped Canada’s postConfederation copyright policy. Throughout the book, but particularly in these later chapters, Tawfik highlights the relationship between copyright policy and the development of a national cultural identity.

Tawfik’s extensive use of primary sources and detailed footnotes offer a treasure trove of resources for further exploration. For those interested in delving deeper into the subject, the footnotes alone are worth the price of admission, guiding readers to a wealth of archival material. Tawfik’s decision to present French language quotations in their original form, with translations provided in the footnotes, is a notable and commendable choice that preserves the authenticity of the sources.

Despite the academic rigor underpinning the book, For the Encouragement of Learning is far from a dry legal treatise. Tawfik’s engaging narrative style makes complex legal history accessible to a broader audience. She weaves together stories of early Canadian policymakers, American and British influences, and the development of a Canadian cultural identity, creating a narrative that is as informative as it is engaging. This storytelling approach makes the book a pleasure to read, even for those who may not be specialists in copyright law or in Canadian history.

Over the past two years, the explosion of generative AI tools has sparked further discussions about the nature and purposes of copyright law. Numerous complaints, for example, have been filed against AI companies for allegedly training their models on copyrighted material. In this context, with the increased interest in copyright policy, including public consultations launched by several copyright bodies around the world, Tawfik’s work is particularly timely. By tracing the origins of Canadian copyright law and its foundational goals of promoting learning and education, Tawfik provides crucial context for these modern debates.

REVIEWED BY

KATARINA DANIELS

Research

Lawyer,

Library Services Lead Davies Ward Phillips & Vineberg LLP

The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better. By Abdi Aidid & Benjamin Alarie. Toronto: University of Toronto Press, 2023. 226 p. Includes bibliographic references, figures, and index. ISBN 9781487529413 (hardcover) $44.95; ISBN 9781487529437 (ePUB) $44.95; ISBN 9781487529420 (PDF) $44.95.

According to ChatGPT on July 8, 2024, “the technological singularity refers to a hypothetical future event wherein artificial intelligence surpasses human intelligence, leading to unpredictable and rapid advances in technological capabilities.” Abdi Aidid and Benjamin Alarie, authors of The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better, argue that achieving a similar singularity in law would “fundamentally transform our existing legal systems and, with them, our societies,” and that this legal singularity could “mean a stable and complete legal order, capable of addressing and resolving practically all types of legal uncertainty in real time and on demand” (p. 3).

The authors of The Legal Singularity have a lot in common. Aidid is a professor of law at University of Toronto teaching in the areas of civil procedure, torts, and law and technology. Alarie is also a professor of law at University of Toronto, exploring how artificial intelligence can be applied to legal and tax issues. Aidid was educated at the University of Toronto and Yale. Alarie was educated at Wilfred Laurier University, the University of Toronto, and Yale. In 2015 Alarie co-founded Blue J Legal to experiment with applying AI to tax law to predict outcomes and recommendations. Aidid served as the VP, Legal Research, at Blue J Legal, where he oversaw the development of machine learning-enabled research and analytics tools. Aidid is currently the Legal Innovation Strategist at Blue J Legal.

Over the course of ten chapters and an afterword, Aidid and Alarie work their way through legal information history, define computational law, and discuss how it could affect various areas of the law. The first chapter introduces the concept of the legal singularity. Chapter Two recounts the history of legal information. In Chapter Three, the authors discuss computational law, and in Chapter Four, they look at complete law and how computational law could contribute to this completeness. Chapter Five defends the legal singularity from the most common criticisms. In chapters six through

eight, implications for the judiciary, lawyers, and the public, as well as for governments, are covered. Finally, ethical issues are described in Chapter Nine. The text ends with a short conclusion and an afterword about ChatGPT.

The Legal Singularity is a well-structured academic legal text. Each chapter clearly introduces the content to be discussed, and there are headings, sub-headings, and, in some cases, sub-sub-headings organizing the various concepts. Moreover, Aidid and Alarie work meticulously through their subject, clearly introducing concepts, explaining the history leading toward computational law, providing common criticisms and disproving them, and continuously giving use cases for computational law. They include multiple relevant examples to prove their arguments and clarify more technical concepts.

The Legal Singularity is packed full of many different implications, both for the legal field and society in general, that would accompany the advent of computational law. The purpose of the book is to introduce ways that the legal singularity could change the law and motivate “a discussion about its pathways and consequences” (p. 4), and, to this end, each topic is briefly discussed before the next is introduced. However, a more in-depth analysis of a smaller number of topics may have been more effective.

Nonetheless, The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better is a well-written text on the highly relevant topic of AI and the law. Aidid and Alarie are meticulous in structuring the book, providing interesting and relevant examples, and effectively explaining the more technical concepts. This book would be a good read for any legal professional who would like to know more about the ways artificial intelligence may affect the law in the future.

REVIEWED BY ALLISON HARRISON Head of Acquisitions Justice Canada Library

Organizational Structures of Academic Law Libraries: Past, Present, and Future, Volume 1. Edited by Elizabeth G Adelman & Jessica de Perio Wittman. Getzville, New York: William S Hein, 2023. xxii, 250 p. Includes illustrations. AALL Publication Series No 87. ISBN 9780837742724 (softcover) US$110.00.

In recent years, the landscape of Canadian academic law libraries has changed dramatically. For greater efficiencies, several existing law libraries have shifted from reporting to their law school to reporting to a centralized university library system. The processes, services, staff, and culture at these libraries have been transformed by these developments.

It is in this context that I was eager to read and review Organizational Structures of Academic Law Libraries: Past, Present, and Future, Volume 1. Edited by Elizabeth G. Adelman and Jessica de Perio Wittman, both library directors, the text explains the historical and contemporary organizational structures and dynamics of American academic law libraries through a series of 18 case studies.

In their introduction, the editors explain that the current

organization of academic law libraries falls under a spectrum of budgetary and administrative responsibility:

• Autonomous: an academic law library reporting to and with a budget originating from the law school or source other than the central university library

• Autonomous + collaborative services: an academic law library reporting to and with a budget originating from the law school that shares a library management system, database costs, and other administrative resources with the central university library

• Autonomous + shared services: an academic law library reporting to and with a budget originating from the law school sharing services (such as circulation, acquisitions, and IT) with the central university library system

• Semi-autonomous: an academic law library reporting to the law school and the central library, with a budget originating from the central library

Immediately following the introduction is a chapter by Rebecca Chapman on the evolution of the American academic law library structure from the early 1900s to today. Chapman thoroughly examines how the American Bar Association came to develop standards for academic law libraries and how this standardization and desire for library autonomy were often at odds over the years. It is also clear that the issues of professionalization, decreasing budgets, employment status, and technological changes are not new for academic law libraries. Chapman concludes her chapter by suggesting that collaboration and cooperation are the keys to the successful future of academic law libraries.

The organizational spectrum provided by Adelman and de Perio Wittman forms the basis for the structure of the rest of the book, as the case studies are grouped under one of the four categories outlined above. Every case describes the organizational structure of a specific academic law library and is written by a current or former librarian from that organization.

While each case study is obviously unique, many of them share common sections, such as a history of the law library, budget, reporting structure, collaborations, and shared services. Included as an appendix to many of the case studies is the agreement outlining the relationship between the law library and its central library system or law school. Some of the authors are surprisingly candid about their library’s relationship with the law school and the central library, as well as about how reporting to two administrators, in whatever fashion, can sometimes lead to complex and intense interactions.

Despite the book being about American academic law libraries, the case studies are useful to Canadian academic law librarians. Many of the organizational structures and issues described are universal, as are the solutions to these issues. I appreciated that while several authors described the challenges faced by their library due to its organizational structure, they also acknowledged the opportunities these structures can also help create, both now and in the future. These are positive insights from which any academic law librarian can benefit.

This text is a valuable resource for academic law librarians and administrators from both law schools and central libraries interested in exploring possible impacts of changes to the structure of their law library’s organization. Both current and future decisionmakers would benefit from its detailed and astute examination of the historical and current structure of academic law libraries.

REVIEWED BY ALEXIA LOUMANKIS Reference and Research Librarian

Bora Laskin Law Library University of Toronto

Out of Darkness: Rumana Monzur’s Journey through Betrayal, Tyranny and Abuse By Denise Chong. Toronto: Penguin Random House Canada, 2024. 298 p. Includes photographs and author’s note. ISBN 9780735274150 (softcover) $24.95; ISBN 9780735274174 (eBook) $13.99.

In 2011, Rumana Monzur, a well-educated Bangladeshi woman, suffered a beating at the hands of her husband that resulted in the permanent loss of her eyesight. Her husband, Hasan Sayeed Sumon, was initially not apprehended by the Bangladeshi police due to his family’s political connections. The delay prompted rallies for justice on Rumana’s behalf. As a professor on study leave from Dhaka University in Bangladesh and a master’s student at Canada’s University of British Columbia (UBC), Rumana’s story made headlines in both countries.

In Out of Darkness, Denise Chong tells Rumana’s story. Beginning with Rumana’s father’s military career as a lieutenant in the Pakistani army during the Liberation War, Chong describes the lasting influence of Rumana’s family dynamics and upbringing. Her father took safety very seriously, preventing Rumana from walking outside of the immediate neighbourhood without a male guardian. He also believed in the value of education, encouraging Rumana to focus on her studies instead of marrying early. When a family friend proposed a marriage between their children, Rumana’s father allowed her to make her own choice. Having known Sumon since childhood, Rumana judged him to be attentive and sophisticated. Their families believed this to be a rare love match. Rumana accepted the proposal, as Sumon had shown respect for her studies, and her parents would be saved the time and effort of arranging a marriage.

The very night of their wedding, however, Rumana saw a new side of Sumon when he slapped her across the face. The beatings continued regularly. Her mother-in-law was often witness to these bouts of violence, as the couple lived together with her in Dhaka; however, rather than protecting Rumana, her mother-in-law told her that beatings were just a part of marriage. In addition to the physical abuse, Sumon also tried to prevent Rumana from progressing in her career. Despite this, she became a professor at her alma mater. She later independently moved to Canada to study at UBC. The day of her blinding, she was on a break from her studies at UBC, visiting her parents and daughter back in Bangladesh.

The final third of the book recounts Rumana’s ensuing medical and legal journey. Although initially hesitant to

pursue legal action, Rumana and her family decided that they would only be safe once Sumon was behind bars. Chong describes Sumon and his family’s attempts to slander Rumana, claiming she was having an affair in Canada. As the case gained media attention, social media users either believed or disparaged Rumana. Rumours spread rampantly, including that she was not actually blinded during the attack. To combat these efforts at character assassination, which could harm her case against Sumon, Rumana’s legal aid collected letters from her peers at UBC attesting to her morality and fidelity.

Out of Darkness is an excellent addition to the expanding shelf of biographical literature on violence against women, such as Chanel Miller’s Know My Name and Shiori Ito’s Black Box. Chong is at her best when asking difficult questions; for example, in collecting attestations of her morality to strengthen her legal case, was Rumana’s legal team implying that infidelity justifies violence? Or, if Rumana, a well-educated woman living in the capital city of Dhaka, cannot achieve justice, how can an ordinary Bangladeshi woman with fewer resources expect to be able to do so? Unfortunately, Chong spends too long detailing the circumstances of Rumana’s childhood, and these broader topics and questions of social justice are only briefly discussed toward the end of book. That said, readers and libraries with researchers interested in understanding how intimate partner violence can occur, particularly outside of a Western context, will appreciate Chong’s extensive description of the courtship and marriage prior to Rumana’s blinding.

REVIEWED BY

KYLA MCCALLUM Student Librarian

University of British Columbia

What Roe v Wade Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Most Controversial Decision. Edited by Jack M Balkin. Revised edition. New York, NY: New York University Press, 2023. xiv, 344 p. Includes bibliographical references, table of cases, and index. ISBN 9781479824489 (hardcover) US$89.00; ISBN 9781479823109 (softcover) US$23.95; ISBN 9781479824465 (eBook) US$23.95.

This revised edition of What Roe v Wade Should Have Said could not have come at a more pertinent time. At the time of publishing in 2023, 50 years had passed since the original 1973 United States Supreme Court decision. This edition also came out shortly after the 2022 decision in Dobbs v Jackson Women’s Health Organization, which overturned Roe v Wade.

The first edition was published in 2005, although it was based on material originally written and delivered at a conference held at Yale Law School in 2003 to mark the 30th anniversary of the controversial decision. Balkin had asked top legal experts to form a fictitious U.S. Supreme Court and tasked them with rewriting the Roe v Wade decision only using material that was available in 1973.

The book has two parts. In Part I, Roe v Wade: An Engine of Controversy, Balkin discusses the history of Roe v Wade and

its companion decision Doe v Bolton up to and including the immediate aftermath of its eventual overturning in 2022. If you, like me, are only familiar with the history of Roe v Wade on a surface level, Part I provides important context. Balkin covers the political climate of the late 1960s and early 1970s, which eventually gave birth to the Roe v Wade decision, and highlights how this decision was just the beginning of the legal struggle over reproductive rights. He also provides context for the years after Roe v Wade, including how even some of the most ardent supporters of abortion rights, like Ruth Bader Ginsberg, saw this decision as premature and a political mistake. He ends Part I by discussing problems with the Roe v Wade and Doe v Bolton decisions, which ultimately led to Roe v Wade being overturned by the Dobbs decision in 2022.

While Part I is new to this revised edition, the materials in Part II remain unchanged from their original publication in 2005. This part, Revised Opinions in Roe v Wade and Doe v Bolton, makes up the bulk of the text and includes the text of the fictional Supreme Court opinions, as well as comments from the contributors. There are seven supporters and four critics, which mimics the original 7–2 split of the 1973 Roe v Wade decision. Balkin starts off the opinions as Chief Justice, highlighting that the issues in the two cases were of women’s civil liberties and equality. Unlike the trimester framework of the original decision, Balkin suggests abortion should be available up to a certain period but does not give a hard time limit. The concurring opinions offer a variety of other reasons why the Texas and Georgia statutes are unconstitutional: equal citizenship, right of privacy, and decisional privacy, to name a few. Two justices concur in the Roe v Wade decision but have differing opinions on Doe v Bolton, which concerns a more recent Georgia statute.

Three opinions fully dissent from the judgment and range from mildly condemning to scathing in their tones. All agreed that the U.S. Constitution does not provide for a broad right to abortion. However, one expert believed that the Roe decision was rushed, given the political climate and discussions of the day and that, given time, the politics were likely to have changed. Another of the dissents was very severe, calling the Roe v Wade decision the “most horrible thing this Court has ever done in its history” (p. 242) and continues to name each one of the concurring justices as a man or woman of violence.

What Roe v Wade Should Have Said is a valuable text for those who want to learn more about the abortion debate in the United States. It not only covers the original Roe v Wade and Doe v Bolton decisions and the underlying Texas and Georgia statutes, it highlights the problematic portions of the decisions that gave rise to the polarization that the United States experiences today. While the opinions in this text rely only on documents available to the justices in the early 1970s, the contributors could not help but infuse their decisions with the knowledge gained over the next 30 years. This book is insightful and provides vital commentary and perspectives on an important ongoing debate.

REVIEWED BY LORISSA KINNA

‖‖ Bibliographic Notes / Chronique bibliographique

By Kate McCandless

Nicholas Mignanelli, “The Legal Tech Bro Blues: Generative AI, Legal Indeterminacy, and the Future of Legal Research and Writing” (2024) 8:2 Georgetown Law Technology Review 298, online: <georgetownlawtechreview.org>.

In law librarianship, we are often engaged in investigating and vetting new legal technology and tools. We all have encountered the “legal tech bro” who promises to revolutionize the way we can accomplish our work and research through automation. According to Mignanelli, “[t]he legal tech bro is the techno-optimist par excellence … He perceives caution about the use of AI in law as a threat to his relevance and livelihood” (p. 298–99). Thus, while “the judge asks what the law is, the lawyer asks how law can be used in the client’s interest, and the legal scholar asks what the law could be,” the legal tech bro wants to know “how law can be profitably automated” (p. 301).

Mignanelli describes legal bibliography as the study of legal information, not simply locating it:

[J]ust as the legal bibliographer does not study law books but rather legal information, the legal bibliographer does not teach students how to use law books but rather how to find, use, evaluate, and criticize legal information and the technologies that facilitate it. In doing so, the legal bibliographer imparts to the law student the lesson at the heart of legal bibliography: legal tools and technologies are not neutral. (p. 302)

The legal tech bro attempts to usher in the era of “the legal singularity,” where “legal prediction” allows lawyers to do away with extensive research (p. 302–03). Mignanelli cites Frank Pasquale, “who points out that computational law mistakes ‘traces of the legal process’ for ‘the process itself’” (p. 304). Legal research is not a search for the “right” answer, nor is it explicit information retrieval, but the process of legal knowledge creation—it is “the creative process in lawyering” (p. 306).

AI in legal research thus stifles the creativity needed to move the profession and theory of law forward. When some of the process of “lawyering” is automated, the momentum of the field is stymied (p. 308). Thus, Mignanelli concludes that “legal research and analysis is a poor candidate for automation. Routine document drafting, on the other hand, is an area in which generative AI has great potential in law practice” (p. 309).

But of course, one must know how to use the technology to leverage it effectively and to avoid malpractice (p. 310). We still need to teach new legal professionals to search and prompt effectively. Without asking the right questions or using the right terms, the best results will not be retrieved, as “[o]utput quality is highly dependent upon the prompt, and any advice from legal tech bros suggesting that skill and method is unnecessary can be safely disregarded” (p. 311). This overall skill is more important than any particular tool or product’s individual features (p. 312). Thus, legal information literacy is still king. Despite a platform’s promises, we still need to know the right lingo to retrieve the information we seek (p. 314).

Teresa M Miguel-Stearns & Casandra Laskowski, “Democratizing Law Librarianship: Reducing Barriers to Entry through Alternative Pathways to the Profession and Increased Support to Students. A Call to Action” (2024) Legal Reference Services Quarterly, online: <doi. org/10.1080/0270319X.2024.2331867>.

The pool of qualified candidates for law librarian roles is shrinking. We must take steps to diversify and democratize law librarianship via intentional recruitment efforts. The authors investigate this phenomenon within the American Association of Law Libraries (AALL) and have created alternative pathways to the profession.

The AALL Career Center demonstrates an increase in law librarian career opportunities. However, there are fewer possible candidates available than in the past, and “[w]hile the current market is good for law librarians new to the profession or looking to make a change, the annual net loss of librarians could be devasting to the profession in the long run” (p. 106). The authors recount the various efforts undertaken by AALL since the 1980s to diversify the profession and support historically underrepresented folks into law librarianship careers. They point to a steady increase of people from minority backgrounds within the profession but note that this increase is largely occurring in academic library environments (p. 109–10).

AALL has recently formed the GenNext Caucus with the explicit mission of “identify[ing] barriers to entry into the profession, address[ing] inequities that affect retention, and strategiz[ing] on how to create pipelines of students, particularly students from historically underrepresented groups, into the legal information profession” (p. 112). The authors believe that the current approach to recruitment is not attracting diverse talent to the law librarianship pool, as

[t]he profession of law librarianship is around 8–11% minority depending on the source of the data. In comparison, minority data for lawyers and librarians show about twice the percentage (16.6% and 17.4%, respectively), and for post-secondary teachers, about three times the percentage (26.3%). (p. 112)

The authors recount Ella F. Washington’s “Five Stages of DEI Maturity” to ground their suggestions for diversifying the field (p. 112). These stages are aware, compliant, tactical, integrated, and sustainable. They note that most organizations stagnate in their efforts at the compliant stage, as it takes great efforts to move to tactical recruitment and meaningful integration of DEI principles within an organization from the inside out (p. 113).

So how do we overcome barriers to diversity? Money, mentors, and mores (p. 117). Regarding money, the authors point to the cost of obtaining an education, let alone a JD: “Requiring a legal background other than a JD for law library positions logically and significantly reduces the student loan debt of new law librarians” (p. 117). The authors cite an AALL survey that indicates “only 20% of law library positions require both an MLIS and a JD” (p. 120). Effective mentorship increases retention of diverse law librarians and helps find

pathways to promotion and career growth (p. 118). “Mores” relates to implicit bias and the community expectations we hold; thus, “we must reexamine the standards by which we evaluate our applicants” and “make candidates part of the library community” (p. 119).

The authors further note that “a profession is not sustainable if one of the primary methods of entry is as a second career” (p. 121). As such, we must try to attract younger librarians to the profession:

We, as a profession, have not done a very good job of promoting and marketing law librarianship as a rewarding and legitimate career to young people. This is highlighted in the well-worn clip, “law librarianship is the best kept secret in the legal industry.” Even most library science students do not realize that the field is open to librarians without a law degree. Law librarianship cannot continue to be a secret or an afterthought if we want our profession to thrive. (p. 121)

So how can we create change? The first suggestion is a pipeline approach consisting of “(1) early and rigorous intervention, (2) strong mentorship connections, and (3) partnerships across the pipeline” (p. 122). By sharing the profession early in the educational journey and providing mentorship and connections through fellowship programs, we can create a clear path to law librarianship (p. 132). More legal co-op placements, dual degrees or joint programs, and post-graduation career support are other ideas. We must commit to bringing in more diversity to the field to ensure that the profession continues in a democratic and sustainable manner.

Amy Salyzyn, Jacquelyn Burkell, Esti Azizi & David Wescott, “Court Form Accessibility: Adopting, Designing, and Evaluating Online Guided Pathways” (2024) Canadian Journal of Law and Society (preprint via uO Research at University of Ottawa), online: <hdl. handle.net/10393/46330>.

Court forms are difficult for self-represented litigants (SRLs) to navigate, thus creating a barrier to access to justice. The authors reviewed and analyzed Community Legal Education Ontario’s (CLEO) digital guided pathways to evaluate whether they make the process easier for SRLs. These pathways aim to assist the average person with completing the necessary forms to initiate a legal process. The CLEO guided pathways are hugely beneficial, as they centre SRLs as users through plain language and additional contextual information that allow for “on demand” explanations of concepts within the forms.

Salyzyn et al examined the guided pathways for family law forms. They note that understanding the forms is a major issue, as they are designed for lawyers by lawyers. The authors thus evaluate the forms from a “functional literacy” framework, which “moves beyond more traditional assessment of literacy … and looks to individuals’ ability to understand and use information to complete tasks” (p. 4). They previously used Evetts and Gauthier’s (2005) guide for evaluating task complexity to assess the forms and

determined that this was a beneficial tool to rate the level of effort required of SRLs to complete these forms.

Current pathways “take users through a series of questions and then [use] those questions to populate the relevant court forms” (p. 5). The pathways embrace a “‘person-centred justice’ approach, focusing on those experiencing justice needs and problems as opposed to formal institutions and systems” (p. 6). However, person-centred justice relies on constant evaluation and “evidence gathering” to ensure best practices are identified and implemented (p. 7).

The authors used anonymized, aggregated data from users interacting with the guided pathway. Data was only collected from those who properly closed the pathway (saving their work, rather than closing the browser tab or viewing the form without entering data, for example) (p. 9). The data notably does not collect from those who “became frustrated while interacting with the system. This … group in particular could include users experiencing the greatest difficulty with the system, but [the] data allow no insight into their experiences” (p. 9).

Approximately 1200 users’ data was retrieved from September 2019 to June 2020. Most users completed the form in one session. Many exited the pathway at the point where information about the claim is required (p. 10). This is where information becomes increasingly personal and complex, moving beyond basic details, such as biographical details and information about the relationship (p. 10).

Users who shared feedback in an exit survey appreciated the step-by-step approach of the instructions. Others “specifically complimented the hyperlinked definitions and the ‘learn more’ boxes” (p. 10). Some noted that the lack of legalese and use of plain language was particularly helpful (p. 11). The authors note that “[s]ome users expressed difficulty when it came to questions where they had to ‘generate information’ (i.e. provide an explanation),” and these users felt that “[t]here should be more of an explanation as to what to answer and what not to put in each area” (p. 11); however, this type of explanation can start to enter the territory of providing legal advice.

Some users identified the “overall length and time it took to complete the Pathway … as a challenge” (p. 11), but these processes do take time. To provide a fulsome claim to the court, it should take some time to prepare these documents thoroughly.

The authors confirmed some of these results by recruiting 19 undergraduate students with no legal background to complete the pathway or the fillable form (without pathway support) with a fictional scenario (p. 12). They had to verbalize their thoughts as they completed the forms and participated in a debrief survey (p. 12). While the authors would have liked to have engaged with actual family law litigants, there are obvious complexities to this, such as ethical considerations and solicitor–client privilege considerations. As well, the emotional toil of completing said forms cannot be captured from students walking through fictional scenarios (p. 12).

The authors found several benefits to the guided pathways

over using the forms with no guidance. The pathways supply:

• “‘just-in time’ information or contextual help” with hyperlinks to resources, such as government support guidelines and legal definitions (p. 13–14)

• a streamlining ability to help avoid confusion with blank sections of the forms; for example, sections to be completed by court staff (p. 13–14)

• large or complex sections of information broken into smaller pieces (type of claim being forwarded, for example) (p. 14)

• plain language terms and explanations; for example, it uses “your information” and “your partner’s information” in place of “applicant” and “respondent” and “mailing address” in place of “address for service” (p. 15)

• an overview of the information the user will need at the start of the process (p. 15)

The open sections where narratives can be inserted are still points of difficulty (p. 16). The guided pathways have added additional sub-questions to help users complete these sections. Some questions even have “how to answer this question” features with additional guidance (p. 16). There are still limitations, though, as this requires some legal knowledge and understanding of the system to know how much to write, what level of detail is required, or if the information is even legally valid (p. 16).

The authors have thus provided that the functional literacy model is a valid method for testing the usability and comprehensibility of court forms completed by SRL. There are limitations, however, as not every user will have the required level of digital literacy to complete the forms (p. 18).

The interpretation of legal terms, despite having access to definitions, continues to pose an issue (i.e., “exclusive possession of matrimonial home”) (p. 16). The authors note that some legal terminology cannot be sufficiently captured via plain language “translations,” as “[i]t would be a disservice, for example, to convert ‘arbitration’ into a different plain-language term or phrase when the prompts relating to arbitration are referring to a very specific legal concept” (p. 19). The pathways can help close the gap in understanding between layperson and lawyer, but it will not eliminate it in all cases. The legal system relies on some specialized legal knowledge to function based on its design.

The authors also acknowledge that the length and complexity of the forms can’t be reduced. The system has been designed to resolve both complex and “simple” disputes, and “[w]hile the Guided Pathway provides some indirect access to legal expertise via sub-questions that seek to elicit legally relevant facts, a residual challenge arising from the nature of legal reasoning is likely to remain” (p. 20).

The guided pathways cannot resolve all complexities with these forms, but they provide a tangible and beneficial means to assist those who cannot obtain legal advice for their issues.

“I Am the Magpie River” (1 February 2024) The Nature of Things, online: <gem.cbc.ca/the-nature-of-things/ s63e05>.

The Magpie River, or the Muteshekau Shipu, is one the last free-flowing rivers in the world, as “[l]ess than a third of the world’s large rivers remain free flowing from source to sea” (19:17). The Magpie River starts at the connection of Labrador and Quebec. The river winds through a “pristine landscape” (6:25) of one of the largest untouched boreal forests on the planet. Scientists have been studying the unique makeup of the geology surrounding the river and how large rivers function. Chief Piétacho, of the Innu Council of Ekuanitshit, explains how the river is vital, as, “[i]n the Innu perspective, everything is living … A river is like blood. It’s water that Mother Earth needs” (8:35).

Power companies like Hydro-Quebec have been eyeing the Magpie River as a new site for electric production. Other hydroelectric dams, such as the Romaine complex, have drastically changed historic portage trails used by Indigenous peoples and natural animal habitats and trails. These dams ultimately prevent the river from functioning as it naturally should.

In response, Chief Piétacho and Mathieu Bourdon, a local tour guide who has led rafting tours on the river, joined forces, and in 2018 they

formed a strategic alliance that brought together local Indigenous and non-Indigenous governments and environmental groups. Together as the newly formed Muteshekau-Shipu Alliance, they approached the International Observatory on the Rights of Nature to see if there was a legal case to be made to save one of the last wild rivers in Quebec. (40:45)

This brought about discussions of the Rights of Nature and legal personhood. The thought was that if you “protect the river … you protect the whole ecosystem” (42:40).

Aimée Craft, chair of Indigenous Governance in Relationship with Land and Water at the University of Ottawa, argues that if we can give legal personhood to a corporation, “why not to something that is living, like a body of water?” (43:04). Craft believes in the Rights of Nature laws, as they “echo ancient Indigenous beliefs that have long held nature as an equal” (4:23).

In 2021, the Magpie River became the first river in the world to be granted personhood when “two local government bodies, the Innu Council of Ekuanitshit and the Minganie Regional Municipal Council, simultaneously passed landmark resolutions granting the Magpie River the Right of Legal Personhood” (44:28).

According to Craft, a distinctive element of this outcome is the alliance between Indigenous and non-indigenous governments:

The Magpie is unique because it’s this Indigenous nation that’s marrying with the municipality to issue sister declarations … and sister resolutions, that are mirroring each other, supporting each other, without subsuming Indigenous rights within western constructs. So, the allyship is a really important dimension of this. (45:00)

This water now has its own fundamental rights, including “the right to live, exist, and flow,” “the right to evolve naturally, to be protected and preserved,” “the right to maintain its integrity,” and, notably, “the right to sue” (48:20). Although, as Craft notes, “with the right to sue, and this legal personhood, comes a right or a possibility of being sued. And I think that that’s, you know, also a bit unknown. It’s uncharted territory” (49:50).

‖‖ Local and Regional Updates / Mise à jour locale et régionale

By Erin Clupp

Hereʼs a quick look at whatʼs been happening in the law library community across the country.

Courthouse Libraries B.C. (CLBC)

CLBC is excited to share news of our latest pilot project: free access to CSO E-search on all public access computers at our 30 branch locations.

What is CSO E-search, and why is this exciting?

B.C.’s Court Services Online (CSO) contains filed legal documents and docket information from B.C.’s three courts: the Provincial Court, the Supreme Court, and the Court of Appeal. This milestone arrangement allows us to provide free search capabilities and access to thousands of documents filed in real-time, including forms and pleadings filed by parties or their legal counsel. CSO E-search is not just a new service: it’s a bridge to understanding legal proceedings, offering insight into court cases within the limits of court record access policies.

Who benefits?

We’ve been collecting stories from our clients and are pleased to hear of the many ways that CSO E-search is helping them:

• Legal professionals are accessing precedents and other information for case preparation.

• Self-represented litigants can see how legal documents are formatted and filed to help them file their own documents and prepare their cases.

• Members of the public are locating probate documents, histories of criminal charges, and small claims information.

• Reporters and other media professionals are accessing court documents for news stories.

What are the limitations?

While you do not have to sign up to use CSO E-search, you do have to come to one of our locations and access the service in person. In addition, certain proceedings and sensitive documents are not available on CSO, such as:

• family law cases (except very limited details for Supreme Court family files)

• Supreme Court criminal proceedings

• any cases involving children (e.g., adoption, child protection, youth criminal files)

• affidavits and exhibits

Establishing this pilot program has been a real highlight of

2024 for CLBC, and we are proud of our ongoing commitment to reduce financial barriers to accessing legal information and to help our clients navigate the complexities of the legal system.

SUBMITTED BY

LISA WINKELAAR Librarian, Kamloops Branch

Ontario Courthouse Libraries Association (OCLA)

OCLA is pleased to welcome the following new members into our association: Emily Maloney, the new library manager at the Leeds and Grenville Law Association; Hannah Hunter, the new librarian at the Grey County Law Association; and Rossina Malik, the new librarian at the Victoria Haliburton Law Association.

OCLA is also pleased to announce the following retirements: Lynda Cavanagh, library manager for the Leeds and Grenville Law Association, and Ronn Cheney, librarian for the Grey County Law Association. Thank you both for your hard work and dedication. Enjoy your retirements!

OCLA would like to congratulate Michelle Gerrits, librarian for the Lambton Law Association, and Mary-Jo Petsche, executive director of the Welland County Law Association, for their achievements winning the Federation of Ontario Law Associations Luminary Award.

And finally, OCLA is deeply saddened by the passing of Marilyn Elkin, long-time librarian for the Dufferin County Law Association. Marilyn made a positive impact on the various law communities she worked with. She will be greatly missed.

SUBMITTED BY

the role of legal information professionals during this time of change and development.” Programming includes morning and afternoon concurrent sessions, lightning talks, and keynote presentations delivered by Vickery Bowles (City Librarian at Toronto Public Library) and Al Hounsell (Norton Rose Fulbright LLP, adjunct professor at Osgoode Hall Law School). Many thanks to the Conference Committee for their hard work planning and organizing this event, and to the other TALL committees and members that have provided support. We are looking forward to a great day of informative sessions and lively discussion.

This year also marks the 45th anniversary of TALL! The closing reception of the conference will include a celebration of this exciting milestone. It is a testament to the closeknit community of the membership and the continued commitment and dedication of executive and committee members that TALL can celebrate this achievement.

SUBMITTED BY

SARAH DAFOE President, TALL

Vancouver Association of Law Libraries (VALL)

Autumn means the VALL year has just begun! At our transition meeting in August, we welcomed three new executive members and said farewell to three others. Our programming is just getting started, but we have a lot planned for the fall.

JUSTIN BALL Member at

Large, OCLA

Toronto Association of Law Libraries (TALL)

TALL’s 2024/25 term began in September with Lorissa Kinna and Tara Knott joining this year’s executive committee as vice president and treasurer, respectively. Warm welcomes to each!

The main focus this fall is the TALL eXchange Conference taking place on October 17, 2024, at Hart House, University of Toronto. Currently held every other year, this year’s conference is entitled AI: Access to Information and looks to “explore trends in current AI technology, technology’s impact on the areas of access to justice and legal information, and

Our first event of the year will be a coffee morning and joint library tour in October, hosted by DLA Piper and Blakes. With pastries and beverages in hand, the library teams will be giving VALL members tours of their new library spaces. The libraries have only recently been completed, so we are excited to see the shiny new shelves and modern décor hosting their collections (at least, that is my own biased assumption).

We are planning our first substantive session for November. While no concrete details are available at this time, the words “weeding” and “roundtable” were mentioned. Finally, in December, we will host our annual Holiday Networking Lunch. Venue and menu are TBD, but it is sure to be a highlight of the year. Expect a larger update in the next issue!

Be well, everyone.

SUBMITTED BY KURTIS

KOLTHAMMER President, VALL

‖‖ News from Further Afield / Nouvelles de l’étranger

London Calling: Notes from the U.K.

By Jackie Fishleigh

Former Library and Information Manager (Retired), Payne Hicks Beach, London, U.K.

Hi, folks!

Prime Minister Out in the Cold

It has actually happened! We have the first Labour government since 2010.

Although this was widely predicted in opinion polls, it still came as something of a shock, particularly to supporters of the Conservative (“Tory”) party, who are used to winning. However, it is generally agreed that the Tories ran out of steam, ideas, and luck in their final year in office.

Their election campaign, led by Rishi Sunak, lurched from one disaster to another and back again. His first major mistake was calling the election too early, for reasons not fully comprehensible to the general public, and to anger many valued, hardworking, and experienced Tory MPs who lost their seats!

Labour won 411 parliamentary seats, giving it a majority of 174. Labour’s share of the vote was just 33.7 per cent, however, making it the least proportional general election in British history (according to the Gallagher Index).

The Conservative party are now reduced to 121 seats on score share of 23.7 per cent, the worst result in its history.

Meanwhile, smaller parties took a record 42.6 per cent of

the vote. The Liberal Democrats ended up with 72 seats, the party’s best-ever result, making it the U.K.’s third party again. They only fought in winnable seats.

There is another increasingly significant party about which I need to tell you: the Reform Party. Previously known as the Brexit Party, the Reform Party won 5 seats in July, including that of Nigel Farage in Clacton, which is a seaside town in Essex, on the East coast of England.

The Green Party made history with a record four seats, doubling their 2019 vote share to over 7 per cent.

New PM’s In-Tray is Not Appealing

Few would envy Keir Starmer’s tasks ahead, especially the lack of financial resources to tackle them.

Between Tuesday 30th July and Monday 5th August, widespread riots erupted across the U.K. after the tragic murders of three young girls in Southport on 29th July 2024. An estimated 29 anti-immigration demonstrations and riots took place across 27 towns and cities, with rioters attacking mosques and hotels that house asylum seekers. Known farright activists promoted and attended the riots. The Labour government responded rapidly with a crackdown involving multiple arrests. Rioters were warned that the “full force of the law” would be used. Hundreds of people were quickly arrested, charged, and prosecuted. Sir Keir Starmer was the director of Public Prosecutions during the 2011 riots.

The King’s Speech: 17th July 2024

The Labour government has set out 40 bills, which is the highest number since 2005.

Different proposals ranged from building new homes and infrastructure to bringing train services under government ownership, creating an independent football regulator, and banning the sale of cigarettes to anyone born after 2009. The government is also hoping to introduce a Renters’ Rights bill and a Child Welfare bill.

Vile Double Life of BBC Newsreader Revealed

Huw Edwards was the lead presenter of the BBC’s News at Ten from 2003 to 2023 and fronted coverage of some of the most memorable events in recent history, including the death of Queen Elizabeth. The 63-year-old gave the impression of being a devoted husband and father to his five children. He was a religious man and devoted Christian. He is a former vice president of the National Churches Trust.

Then last year he was named as the previously unnamed presenter who was alleged to have paid a young person for sexually explicit photos. The parents of the unnamed young man originally complained about him to the BBC in May 2023 but were ignored. It was only when the Sun newspaper took on the case that Edwards’s wife felt she had to publicly announce that her husband was the TV presenter at the centre of the allegations. She stated that he suffered from serious mental health issues, including severe depression.

Edwards, the BBC’s highest paid newsreader, was subsequently suspended in July 2023 but continued to receive his full pay of £475,000 per annum, as well as a pay rise of £40,000. He resigned in April this year, citing medical advice.

At the end of July, he pleaded guilty to making indecent images of children. He received 41 of these images from another man on What’s App, including seven Category A images, the most serious type, two of which were pornographic videos of a child aged between seven and nine. Later the police revealed that the man who sent Edwards these images was a convicted paedophile. This all came as a shock to everyone and has marked a spectacular fall from grace. It also raised a lot of questions. How much of this did the BBC know and when? Can the BBC claw back the £200,000 he received when he was suspended? What duty of care did the BBC owe to Edwards?

This week, the disgraced newsreader appeared at Westminster Magistrates’ Court, where Judge Paul Goldspring gave him a six-month suspended jail sentence for possessing indecent images of children. This means that Edwards will not go to jail unless he commits another criminal offence in that time. He will be placed on the sex offenders’ register for seven years and will be told to attend a sex offenders treatment programme.

Claire Brinton from the Crown Prosecution Service said in a statement: “Accessing indecent images of children perpetuates the sexual exploitation of them, which has deep, long-lasting trauma for these victims.”

A BBC spokesman said: “We are appalled by his crimes. He has betrayed not just the BBC, but audiences who put their trust in him.”

As a member of those audiences for decades, I can’t tell you how let down, bewildered, and saddened I feel. It has been difficult writing about crimes against children, and no doubt hard to read. Unfortunately, technology has made it easy for vile images to circulate and for paedophiles to link up.

Glasgow to Host 2026 Commonwealth Games

This is great news for up-and-coming athletes and smaller nations, as well as for sports fans like me! The 2026 Games will be “slimmed down,” with only 10 sports played compared to the 18 played in 2014, the last time the Games were held. The Victorian government of Australia have agreed to pay £100 million compensation for pulling out of hosting it themselves.

The Scottish seem to be very good at organising large events. Rob and I were at the Edinburgh Festival in August and had a brilliant time.

20 Years of Strictly Come Dancing

The show is back once again despite some disturbing testimonies over the spring and summer of professionals bullying (and, in one case, kicking) their celebrity partners. Two professionals have been sacked as a result. Chaperones are now in place to make sure everyone feels safe. For the vast majority, the programme has been a wonderful, fun experience. I always enjoy watching, as did my late father, who tuned in from the first series.

Rare Mountain Bongo Antelope Born at Chester Zoo

There are just 50 of these antelope left in the wild, so that is amazing news to finish on. The hope is to translocate some from European zoos to Africa to stop them becoming completely extinct.

Until next time,

Jackie

Letter from Australia

By Margaret Hutchison Former Manager

of Technical Services and Collection Development (Retired), High Court of Australia, Canberra, Australian Capital Territory

Well, it’s an early spring, more likely “fake spring,” here. The blossoms are out early, too early for the gardeners at Canberra’s Floriade festival, who have been spraying the plants with cold water to try to hold the blooms back until the official opening day in a few weeks’ time.

Northern Territory: An Election of Firsts

The Northern Territory had its election on 24 August, and the centre-right Country Liberal Party (CLP) won in a landslide, taking 17 of the 25 seats. The former governing party, the Australian Labor Party (ALP), retains four seats, and there are three independents and a Greens Party member. It’s an election of firsts for the Territory: it’s the first ever seat for

the Greens in the Territory; the first Country Liberal Party female chief minister; more than half of the NT Legislative Assembly’s eight seat combined opposition and crossbench are of First Nations heritage; and the new leader of the opposition, Selena Uibo, has become the first Indigenous woman to lead a major political party in Australia. In addition, the new government features the highest-ever representation of politicians of South Asian and South-East Asian heritage.

The campaign was based on law and order, the stagnating NT economy, and the government’s treatment of environmental issues, such as its pursuit of fracking and controversial gas projects. The CLP had campaigned heavily on law and order, promising to build more jails and work camps, lower the age of criminal responsibility from 12 to 10 (which had been changed upwards in 2022), toughen bail for both youth and adult offenders, and introduce mandatory alcohol rehabilitation.

The Labor government had already passed legislation this year to empower the police commissioner to be able to call curfews, as has already happened twice in Alice Springs this year.

Crime rates in the Northern Territory have risen steadily over the past decade, during which Labor has governed for eight years.

While a change in how the NT Police Force records offences has made it difficult to accurately compare rates of offending, the Australian Bureau of Statistics found that in 2023 in the Northern Territory, there were more incidents than in any other year on record for certain crimes. These include motor vehicle theft, unlawful entry, and violent crimes such as sexual assaults and assaults.

Incidents of domestic violence also remained stubbornly high in 2023.

These issues have been prevalent for many years, but it’s difficult to see how governments can change them during the span of an electoral cycle.

ACT Passes VAD Legislation

In other news, the Australian Capital Territory (ACT) Legislative Assembly has passed voluntary assisted dying (VAD) legislation, becoming one of the last Australian jurisdictions to do so. The scheme is set to come into effect on November 3, 2025. The ACT’s laws differ from others, with health professionals such as nurse practitioners, in addition to doctors, able to assess, advise, and support those accessing VAD.

The Northern Territory is now the only jurisdiction in Australia whose residents do not have access to VAD. The Northern Territory was the first jurisdiction to introduce right to die legislation in 1995, but the federal government overruled that legislation a year later, sparking mutters about territory rights versus state rights. However, in 2022, the federal ban on euthanasia in the Northern Territory and the ACT was overturned by an act allowing the legislative assemblies of those territories to debate VAD legislation.

In 2023, the Northern Territory government set up an expert panel to develop a framework for VAD. The panel delivered 22 recommendations in July 2024, but the recommendations have yet to be put to the NT Assembly.

Cleaning Up Legislation

In federal legislation, the Queen is not yet dead. The Crown References Amendment Bill 2023 is still in the Senate, two years after the death of Queen Elizabeth II, so Australia has yet to formally replace references to her in 29 pieces of legislation. There are other older pieces of legislation still sitting in the Senate dating back several years, mostly private members or independent members bills, such as the Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023, which prohibits a person from knowingly, and without reasonable excuse, displaying a Nazi symbol. This is aimed at the neo-Nazi groups in various states.

References to “Her Majesty” and “the Queen,” as well as some outdated references to “the King,” will be removed and replaced with the gender-neutral term “the Sovereign” instead.

When the bill was first introduced last October, the Coalition opposition insisted it could not support it unless it received assurance the change had the support of the King or his representative in Canberra, the Governor-General.

Since then, we have a new Governor-General, Samantha Mostyn, and the government insists she has been briefed about the “routine” adjustment.

Both the Northern Territory and Australian Capital Territory self-governing legislation are included in the list of laws needing amendment. Included in those laws are the oaths members must give when sworn into parliament, which have an explicit mention of the Queen. The NT held an election just two weeks ago, and an ACT poll is coming for Canberrans on October 19. But Assistant Minister Patrick Gorman, responsible for this bill, batted away any concerns elected members would have to make a pledge of allegiance to a deceased monarch, even if the clean-up legislation was still lagging in the Senate. He told the ABC:

Section 16 of the Acts Interpretation Act 1901 operates to the effect that existing references to Her Majesty Queen Elizabeth II in Commonwealth Acts are construed as references to the present sovereign, His Majesty King Charles III.

The honourable senators better get a move on—the ACT election is on October 19.

New Corflute Rules

The infamous corflutes (election signs) magically appeared beside major roads on Saturday, September 7th, the first day possible, as the ACT government went into caretaker mode the day before.

According to the ACT legislation, they are allowed on public land from six weeks before polling day. They must be removed within 48 hours of polls closing (so, 6 p.m. on the

Monday after the election). There is a new maximum this election of 250 per candidate, plus 250 for the party. If a party has five candidates in each of the five electorates, they can only have 6,500 corflutes in total. That is a horrific number of signs on stakes to be spread around a not particularly big area! Still, it’s coming into tomato season, so some stakes can be recycled.

That’s about all from here.

Until next time,

Margaret Hutchison

The U.S. Legal Landscape: News from Across the Border

By Sarah Reis

Foreign & International Law Librarian, Pritzker Legal Research Center, Northwestern Pritzker School of Law, Chicago, IL

We are now three weeks into the 2024/25 academic year! Our library held an event called LibraryFest a couple of weeks ago, which is one way that we help orient students to the library’s physical space and the services we offer. As part of this event, hundreds of students visited various stations around the library, collected swag from each station, and enjoyed refreshments together. We have a very large international student population, so this event is always a great opportunity to let students know about “library culture” at our law school; for example, we allow people to eat and drink in the library, permit talking on certain floors, and have communal games like chess and puzzles scattered throughout the space.

The summer months passed by in the blink of an eye. I attended the IALL Annual Courses in Norway in June and the AALL Annual Meeting here in Chicago in July, but before I knew it, classes had resumed. I am co-teaching two Research in Law, Business & Technology courses this semester, and it’s already been a very busy start to the fall semester.

Law Schools

The W&L Law Library released the Washington & Lee Law Journal Rankings for 2023 in July. This set ranks law journals based on citation counts and other publication statistics. These rankings are released on an annual basis and influence many authors in their decisions about where to submit their articles.

Bar Exam

The National Conference of Bar Examiners announced in late August that the national mean scaled score for the July 2024 bar exam was the highest July MBE mean since 2013, so pass rates are expected to improve between last year and this year. Additionally, the NCBE noted that there was an increase of more than eight percent in the number of examinees who took the July 2024 MBE compared to number of examinees who took the July 2023 MBE.

Additional jurisdictions have announced their plans to adopt the NextGen bar exam. The jurisdictions that will be using it during the debut administration in July 2026 are Connecticut, Guam, Maryland, Missouri, Oregon, and Washington, with several other states adopting it in July 2027 and July 2028. In late May, Illinois announced that it will administer the NextGen bar exam in 2028, but it is unknown whether that will be February or July 2028 at this point in time. Because legal research is one of the foundational skills that will be tested on the NextGen bar exam, as someone who works for and teaches at a law school in Illinois, I am curious how it will affect our legal research curriculum and whether advanced legal research courses, which are currently electives at our law school, will become required courses.

ABA

The ABA held its annual meeting in August, in which the House of Delegates voted on various resolutions. The ABA adopted a resolution urging law schools to allow students to receive monetary compensation and academic credit for field placements such as externships, internships, and clinical experiences. The ABA also adopted a resolution to encourage, but not require, legal employers to be transparent about pay during the on-campus interview process.

The ABA also issued a few interesting formal opinions to provide guidance on ethics issues to attorneys. Formal Opinion 511 addresses whether lawyers have confidentiality obligations that would prevent them from posting questions or comments to listservs when they relate to a representation without the client’s consent. Like lawyers, law librarians frequently turn to listservs for assistance with obtaining sources or guidance on conducting research for which they are assisting faculty members and students. When it comes to assisting those who are working on clinic projects involving real clients, law librarians should similarly carefully consider whether posting an inquiry (even in hypothetical or abstract form) would disclose confidential information relating to a client.

Unsurprisingly, many of the ethical issues that lawyers are facing today involve the use of AI. Formal Opinion 512 addressed professional conduct issues that arise when lawyers use generative AI tools, ranging from competence to confidentiality to communication. This opinion noted that lawyers need to have a reasonable understanding of AI technologies (including their risks and limitations) and also contemplated whether the disclosure of the use of a generative AI tool to clients is necessary.

The ABA’s Task Force on Law and Artificial Intelligence released AI and Legal Education Survey Results in June. This survey addresses issues such as whether AI appears in law school curriculum, whether applicants are permitted to use generative AI when submitting their applications, and whether academic integrity policies have been changed in response to generative AI.

Legal Profession

Washington state has set forth a proposed pilot test of entity regulation that “would allow entities to provide legal and law-

related services in Washington under time-bound, limited exemptions from the otherwise applicable rules and statutes governing entities practicing law.” This is similar to pilot projects in Arizona and Utah and would allow nonlawyerowned entities to deliver legal services in Washington.

Thomson Reuters released data pertaining to the financial health of law firms, which indicates that in the second quarter of 2024, the Thomson Reuters Institute Law Firm Financial Index reached its third highest level since the Global Financial Crisis.

SCOTUS

The 2023/24 term ended on July 1, with opinions issued for many of the most highly watched cases in the final few days of the term.

Two of the cases involved Donald Trump, who happens to have appointed three of the nine justices. In Trump v United States, the Supreme Court assessed whether Trump is entitled to presidential immunity from criminal prosecution for official acts taken while in the White House and ruled that presidents are entitled to immunity for official acts but not for unofficial acts. In Fischer v United States, the Court held that the U.S. government overreached by charging Trump supporters with obstructing or impeding an official proceeding when they attacked the Capitol on January 6, 2021. While these decisions did not come as a surprise given the conservative composition of the court, they were nonetheless disappointing.

Loper Bright Enterprises v Raimondo will likely have a major effect (in a bad way) on the day-to-day lives of Americans because the Court gutted agency authority in its opinion by overturning Chevron. Consequently, federal agencies now have less ability to regulate the environment, food safety, and public health, which will adversely affect our safety and quality of life. (The Boar’s Head listeria outbreak alone should be enough to convince anyone in this country why regulating food safety is important, instead of allowing profitmotivated companies to do whatever they want!)

Back in June 2023, the Supreme Court limited raceconscious admissions to U.S. colleges and universities in Students for Fair Admissions v President & Fellows of Harvard College and Students for Fair Admissions v University of North Carolina. Now, one year later, institutions have started to release demographic data for the Class of 2028 that shows the effects of the decision on racial diversity in student enrollment. The Massachusetts Institute of Technology released its demographic data in mid-August, and the dean of admissions stated, “As a baseline, in recent years around 25% of our enrolling undergraduate students have identified as Black, Hispanic, and/or Native American and Pacific Islander. For the incoming Class of 2028, that number is about 16%.” Other universities have followed, including Yale, Harvard, and UNC

The upcoming term will commence on October 7, which, in accordance with a law dating back to 1917, is the first Monday in October.

Election

Throughout this fall, the upcoming presidential election will dominate much of the news cycle because our country’s democracy is at stake. The Federal Elections Committee (FEC) announced that it would not propose new regulations pertaining to the use of AI in political advertising and political campaigns this year. Consequently, actions such as Trump posting an AI-generated picture that falsely makes it look like Taylor Swift endorses him are left unchecked, and ultimately prompted her to issue a statement immediately following the Harris vs. Trump debate indicating that she’s endorsing Kamala Harris.

Election-related investigations and lawsuits, particularly those involving voter suppression issues in swing states, are aplenty. The NAACP has urged the Department of Justice to investigate Georgia’s Voter Registration Cancellation Portal, which allows someone to cancel another person’s voter registration online without their knowledge or consent. Meanwhile, in North Carolina, a lawsuit filed by the Republican National Committee attempts to suppress the votes of students and employees at UNC. The RNC is asking the court to prohibit the use of the UNC digital ID for the general election because they know that UNC students and employees are likely to skew blue.

Copyright and AI

The U.S. Court of Appeals for the Second Circuit ruled in favor of publishers and found Internet Archive liable for copyright infringement in connection with its Free Digital Library. In the decision, the court held that Internet Archive’s controlled digital lending system did not constitute fair use.

The day before the trial in Thomson Reuters v ROSS Intelligence was set to commence, the judge issued an order continuing the trial. In this case, Thomson Reuters alleges that ROSS Intelligence, which was an AI/legal research startup company, violated copyright law by using Westlaw content (specifically, headnotes) to train AI and build its own platform.

Book Bans

Attempts to ban books in schools and public libraries sadly continue throughout the country, and as a result of various state book ban laws, courts have started to weigh in on the constitutionality of these laws.

In August, the U.S. Court of Appeals for the Eighth Circuit ruled that Iowa can enforce a law (SF 496) that prohibits books depicting or describing sex acts. This same law also prohibits schools from providing any instruction involving sexual orientation and gender identity.

Back in June, the U.S. Court of Appeals for the Fifth Circuit upheld a preliminary injunction requiring the Llano County Library System (Texas) to return 17 removed titles, which cover race and transgender issues, to library shelves. In September, this case will be reheard en banc

Meanwhile, in late August, major publishers and authors joined parents in Florida to file a lawsuit alleging that

provisions in Florida’s HB 1069 are unconstitutional. This law prohibits books in public schools that “depict[ ] or describe[ ] sexual content.”

Archives and Preservation

As federal government documents become increasingly available only in digital format, the U.S. Government Printing Office relies on libraries to assist with preserving government documents in print format with Preservation Stewardships. In August, the GPO announced that Case Library at Colgate University would permanently preserve the Public Papers of the Presidents of the United States, while the University of Idaho Library would permanently preserve historic U.S. Forest Service publications. Meanwhile, two other libraries have expanded their current collections of printed documents: the Paul M. Hebert Law Center at Louisiana State University is adding the current and historic volumes of the U.S. Statutes at Large, U.S. Reports, and U.S. Code to its collection, while the Arthur Lakes Library at the Colorado School of Mines is adding historic and current Minerals Yearbook to its collection.

In response to the federal government’s transition to electronic recordkeeping, the National Archives and Records Administration announced that it is closing three facilities and relocating two offices. With these facilities-related cost savings, NARA plans to reallocate the funds into investing in systems for preserving and sharing born-digital records.

U.S. Legal Research

The American Law Institute voted to approve the Restatement of the Law, Children and the Law, which is divided into four parts: Children in Families, Children in Schools, Children in the Justice System, and Children in Society. This new Restatement can provide guidance for lawyers, judges, social workers, school administrators, and child advocates on issues ranging from parental rights to protections of juveniles in the criminal justice system to the rights of minors to consent to medical decisions.

GovInfo and Congress.gov are official websites where researchers can find U.S. federal legislative information. Between April 1 and June 30, GovInfo added a substantial amount of new content, including volumes 1–64 (1789–1950) of the United States Statutes at Large. This set contains the public and private laws enacted by Congress and, prior to 1948, also published all treaties and international agreements approved by the Senate. Speaking of treaties, Congress.gov announced that modernizing the exchange of data for Senate treaty documents is the next phase in its project to modernize Congressional data. Both Govinfo and Congress.gov are terrific free resources for researchers in the United States and around the world to find authoritative U.S. legal materials.

Until next time!

Sarah

C ALL/ACBD Research Grant

The Committee to Promote Research and CALL/ACBD invite members to apply for the CALL/ACBD Research Grant. Applications are currently closed, but visit callacbd.ca/awards for information on other funding opportunities.

The CALL/ACBD Research Grant was established in 1996 to provide members with financial assistance to carry out research in areas of interest to members and to the association. Please refer to our Committee page for a copy of the application form and to view our collection of past research projects.

The Committee is excited to receive proposals and we encourage members to apply or to contact us to discuss a project you are interested in. Members who previously applied but were not awarded funding are welcome to reapply.

Co-Chairs, CALL/ACBD Committee to Promote Research: Beth Galbraith (bgalbraith@cwilson.com) & Christine Brown (christine.brown@ualberta.ca)

Call for Submissions

Canadian Law Library Review/Revue canadienne des bibliothèques de droit, the official publication of the Canadian Association of Law Libraries, publishes news, developments, articles, reports, and reviews of interest to its members. Surveys and statistical reviews prepared by the Association’s Committees and Special Interest Groups, regional items and the proceedings of the Association’s annual conference are also published.

Contributions are invited from all CALL members and others in the library and legal communities. Bibliographic information on relevant publications, especially government documents and material not widely publicized, is requested. Items may be in English or French. Full length articles should be submitted to the Features Editor and book reviews to the Book Review Editor. All other items should be sent directly to the Editor. Prior to publication, all submissions are subject to review and editing by members of the Editorial Board or independent subject specialists; the final decision to publish rests with the Editorial Board. If requested, articles will undergo independent peer review. Items will be chosen on their relevance to the field of law librarianship. For copies of the Style Guide please consult the CALL website at callacbd.ca

The Association is unable to make any payment for contributions. The Canadian Association of Law Libraries does not assume any responsibility for the statements advanced by the contributors to, and the advertisers in, the Association’s publications. Editorial views do not necessarily represent the official position of the Association.

Canadian Law Library Review/Revue canadienne des bibliotheques de droit is indexed in the Index to Canadian Legal Literature, Index to Canadian Legal Periodical Literature, Legal Information and Management Index, Index to Canadian Periodical Literature, and Library and Information Science Abstracts.

Canadian Law Library Review/Revue canadienne des bibliothèques de droit, I’organe officiel de I’Association canadienne des bibliothèques de droit, publie des informations, des nouveautés, des articles, des rapports et des recensions susceptibles d’intéresser ses membres. Des enquêtes et des relèves statistiques préparés par les divers comités de l’Association et par les groupes d’intérêt spécial, des nouvelles d’intérêt régional et les procès-verbaux du congrès annuel de l’Association sont également publies.

Tous les membres de I’ACBD ainsi que toute autre personne intéressée à la bibliothéconomie et faisant partie du monde juridique sont invites á soumettre des articles. La revue sollicite également des commentaires bibliographiques d’ouvrages de nature juridique et plus particulièrement de publications officielles et de documents peu diffusés. Les contributions peuvent être soumises en français ou en anglais. Les articles de fond doivent être envoyés à la personne responsable des recensions. Avant d’être publiés, tous les textes seront revus par des membres du Comité de rédaction ou par des spécialistes de l’extérieur. La décision finale de publier relève toutefois du Comité de rédaction. Les articles pourront, sur demande, faire I’objet d’un examen indépendant par des pairs. La priorité sera accordée aux textes se rapportant à la bibliothéconomie juridique. Pour obtenir des exemplaires du Protocole de rédaction, visitez le site web de l’ACBD au callacbd.ca

L’Association ne peut rémunérer les auteurs et auteures pour leurs contributions. L’Association canadienne des bibliothèques de droit n’assume aucune responsabilité pour les opinions exprimées par les collaborateurs et collaboratrices ou par les annonceurs dans les publications qui émanent de l’Association. Les opinions éditoriales ne reflètent pas nécessairement la position officielle de l’Association.

Les articles publiés dans Canadian Law Library Review/ Revue canadienne des bibliothèques de droit sont répertoriés dans Index a la documentation juridique au Canada, Index to Canadian Legal Periodical Literature, Legal Information and Management Index, Index to Canadian Periodical Literature et Library and Information Science Abstracts.

The Canadian Law Library Review by Canadian Association of Law Libraries is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Permissions beyond the scope of this license may be available at callacbd.ca

Canadian Law Library Review is published by: Revue canadienne des bibliothèques de droit est publiée par: