Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Legal Knowledge in Organizations: A Source of Strategic and Competitive Advantage. By Robert C. Bird. Cambridge, U.K.: Cambridge University Press, 2025. xxv, 261 p. Includes bibliographic references and index. ISBN 9781009596671 (hardcover) $143.95; ISBN 9781009596695 (softcover) $47.95; ISBN 9781009596701 (eBook) $41.99.

Reviewed by Gillian Eguaras
Research Librarian
McMillan LLP

Legal Knowledge in Organizations spans 10 comprehensive chapters, each exploring the crucial role of legal knowledge in today’s fast-paced and competitive business landscape. Author Robert C. Bird, a business law professor and Eversource Energy Chair in Business Ethics at the University of Connecticut, addresses the challenges that organizations face to maintain a competitive advantage, highlighting how the protective shield of legal expertise can also drive sustainable business success. Bird offers a clear, practical, and step-by-step methodology that organizations of any size or industry can use to harness the law as a strategic organizational asset. Rather than viewing law merely as a set of compliance obligations or a source of liability, Bird reframes legal knowledge as a dynamic force that promotes organizational growth and innovation.

Central to the book is Bird’s introduction of a five-part framework for applying legal knowledge to business strategy: avoidance, conformance, prevention, value, and transformation. Each stage represents a different way organizations can interact with and leverage legal knowledge, moving from simply steering clear of legal trouble (avoidance) or adhering to the rules (conformance), to actively preventing problems before they arise (prevention), finding creative ways that legal knowledge can add business value (value), and, finally, using legal insights to fundamentally transform business models and markets (transformation). This progression encourages organizations to develop a more sophisticated and integrated approach to legal management, rather than treating legal issues as isolated events.

In each chapter, Bird meticulously details actionable methods for building robust legal expertise within an organization. He does not just speak to legal departments or top executives: his recommendations also empower managers, team leaders, and many other non-legal personnel to develop a deeper understanding of legal issues relevant to their roles. One of Bird’s key points is that legal knowledge does not have to be the exclusive domain of lawyers. When knowledge about contracts, regulations, intellectual property, and risk management is democratized within an organization, it allows for faster, coordinated, and more informed decision-making.

Another strength is the book’s emphasis on innovative risk management tools. Bird recognizes that the legal landscape is always shifting, with new regulations, court decisions, and business practices emerging regularly. To help organizations not just react but proactively prepare for unforeseen legal threats, Bird outlines practical tools and techniques for anticipating legal risks, identifying emerging issues, and responding with agility; for example, how to apply the prevention legal knowledge strategy in competitive environments. Managers with conformance-oriented mindsets focus on meeting the requirements of a mandate or prohibition without necessarily addressing or considering the underlying reasons the rules exist. A manager applying a legal prevention approach identifies and understands the causes and conditions that may threaten compliance with a legal mandate and can implement measures designed to eliminate or limit those risks before they arise. Bird’s succinct, yet thorough, discussion of the various mindsets is continued throughout the text, with multiple case studies in subsequent chapters.

A crucial thread running through all 10 chapters is the importance of ethical decision-making in the use of legal knowledge. Bird is careful to demonstrate that while legal knowledge can be a source of competitive advantage, it also comes with a responsibility to act ethically and fairly. Using case studies and real-life examples, Bird encourages leaders and legal professionals to develop ethical practices that align business interests with broader societal interests. To Bird, this approach not only protects organizations from legal and reputational harm, but it also creates trust with stakeholders, regulators, and customers, further cementing competitive advantage.

Figures and tables enhance the book’s utility. These elements break down complex legal concepts into digestible parts, so readers can easily apply these ideas within their own businesses. Whether readers are grappling with the basics of legal compliance or exploring how to use legal innovation to gain market leadership, Bird’s frameworks and diagrams clearly illustrate how to turn this knowledge into action.

Importantly, Legal Knowledge in Organizations is designed for academic and corporate law firm libraries. It balances rigorous academic analysis—evidenced by its over 1,200 footnotes, which reference legal commentary and scholarship—against accessible, real-world business insights. The book is equally valuable for students and scholars interested in business law and organizational behaviour, as well as for corporate leaders, managers, and attorneys seeking to improve their firm’s competitive positioning through better legal practices.

Bird’s text offers much more than a theoretical treatise on the importance of law for businesses: it serves as an essential playbook to transform legal knowledge from a peripheral concern into a central pillar of business strategy. By combining thorough research with clear, actionable guidance and a focus on ethical leadership, Legal Knowledge in Organizations can equip organizations to not only survive but also thrive in a constantly evolving marketplace.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Legal Brain: A Lawyer’s Guide to Well-Being and Better Job Performance. By Debra S. Austin. Cambridge: Cambridge University Press, 2024. x, 257 p. Includes bibliographic references and index. ISBN 9781009484602 (hardcover) $102.95; ISBN 9781009484565 (softcover) $33.95; ISBN 9781009484558 (eBook) US$29.99.

Reviewed by Leslie Taylor
Research and Instruction Librarian
Lederman Law Library
Queen’s University

It is no secret that lawyers and law students suffer from chronic stress and high rates of depression and substance abuse. Law societies and bar associations in the United States, Canada, and internationally have published high- profile reports documenting the well-being crisis in the legal profession. But what can lawyers and legal organizations do to address the problem?

The Legal Brain: A Lawyer’s Guide to Well-Being and Better Job Performance by Debra S. Austin provides an approach to supporting and enhancing lawyer well-being that is focused on brain health. Austin, a law professor at the University of Denver Sturm College of Law and a nationally recognized expert in lawyer well-being, is well qualified to offer such guidance. While there has been a proliferation of self-help books written on the topic of lawyers’ mental health and well-being in recent years, what makes Austin’s book stand out is the way in which she grounds her approach in concrete neuroscience research, offering evidence-based strategies that appeal to lawyers’ analytical nature.

According to Austin, a “neuro-intelligent lawyer” is one who understands their “predominant lawyering asset—the brain—and how healthy habits can empower it” (p. 237). Austin argues that lawyers need to cultivate neuro-intelligence to understand why lawyering culture can cause harm and how to effectively counter it. Within law school, she points to the intense competition, zero-sum grading curve, and class ranking systems as the crucible in which the deterioration of well-being begins. Next, she looks at law firm culture, which often commodifies intensive legal practice, privileges profits above everything else, and enforces strict social hierarchies. The chronic stress present in both environments compromises lawyers’ cognitive abilities, undermining the very tool—the brain—that lawyers need to be successful in their work.

To equip lawyers with the neuro-intelligence needed to thrive in these environments, Austin provides an overview of how memory, learning, motivation, and habit-building work. Next, she discusses how stress, substance abuse, and other forms of self-medication damage the brain’s functioning. Finally, she describes activities that can heal impaired brains and improve brain health, including exercise, sleep, and respite. In the chapter “Enhancing Mental Strength,” Austin covers research-based practices that lawyers can use to improve their relationship to stress, self-regulation, and self-improvement. She also provides a useful template for lawyers to make a personal well-being action plan focused on the areas that they may need to work on the most: stress management, self-medication, nutrition, brain health, and mental health.

However, Austin does not place the responsibility solely on individual lawyers to deal with their own suffering and stress. She also rightly places the responsibility on legal organizations to better support lawyer well-being. Legal leaders who wish to transform their organizational culture can help this process by using the checklist of questions found in the chapter for legal organizations. Austin concludes the book with a tantalizing vision of leaders who pursue cultural change, not only in their own organizations, but who lead a transformation toward a greater well-being throughout all of society.

Overall, Austin’s focus on neuroscience makes a compelling argument for why the current culture of lawyering and law schools is unsustainable. Not only does it make people feel bad, but this culture also damages their cognitive abilities and affects job performance. Austin’s provision of concrete, science-based strategies for countering the effects of this culture are more helpful than most typical self-help guides on managing stress. While her explanations may be somewhat technical at times, readers can skim these sections and still grasp why they are important. Whether reading the entire book or just selections, an interested lawyer can learn something new and fascinating about their brain health and well-being. The text includes comprehensive footnotes, a detailed index, and practical templates that make it a valuable reference tool for both individual lawyers and legal organizations.

The Legal Brain would make an excellent addition to any law library collection. I would also recommend it for the personal collections of lawyers looking to better understand the connection between their brain health, job performance, and personal well-being. Additionally, leaders who wish to improve the health and well-being of the lawyers in their organizations will find practical guidance for implementing meaningful cultural change.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Detachable Penis: A Queer Legal Saga. By Sam Elkin. Waterloo, ON: Wilfrid Laurier University Press, 2024. 200 p. ISBN 9781771126656 (softcover) $29.99; ISBN 9781771126663 (ePUB); ISBN 9781771126670 (PDF).

Reviewed by Brianna Calomino
Digital Projects Librarian
University of Calgary

With a distinctive book cover featuring a crocheted penis that elicits a range of reactions from outrage to humour, Sam Elkin’s debut memoir is undoubtedly impactful. Offering eye-opening insights into the realities of working as the first LGBTQIA+ community outreach lawyer in Victoria, Australia, while publicly navigating his own transition, Elkin writes with a combination of raw honesty and a refreshingly self-aware sense of humour.

Detachable Penis: A Queer Legal Saga is a creative non-fiction narrative that tackles the uphill battle of queer advocacy and community law in 2017, when same-sex marriage was legalized in Australia. Working as an underpaid social justice lawyer for a pilot project with St Kilda Legal Service, Elkin recounts the struggle of navigating a time where the lines between his personal and professional life became blurred. His journey begins with optimism, but as the realities of long hours, the need to turn away clients, shared queer traumas, and corporate funding politics become evident, a sense of disillusionment takes over. Elkin describes the challenge of managing all these responsibilities during his own transition while being asked to publicly speak on trans issues as akin to “perform[ing] the ‘trans lawyer’ curiosity show” (p. 206), making him feel “strangely used and exploited” (p. 51) as he strived to enact meaningful change. The shocking candour Elkin displays as he explains his transmasculine experience is an intimate account of navigating awkward voice therapy appointments, hormone treatments, daily misgendering, and, notably, the detachable, crocheted penis featured on the cover. Elkin provides thoughtful critiques on both community legal practices and the LGBTQIA+ community often found at war with itself: “If we couldn’t make room for nuanced discussions of forgiveness for breaches of the ever-changing protocols around language and theories of gender, how would we create a supportive community at all” (p. 124)?

Sitting at a scant 200 pages with compelling tone and subject matter, the writing mirrors that of a fictional novel (largely because it is dialogue-heavy) and is a fast read. There is no legal jargon, making it accessible to those without a background in law, but any overworked and underpaid legal practitioner will be able to deeply relate and sympathize with the uphill battle Elkin faces. Elkin’s tone, combining wit and genuine sincerity, is a pleasure to read. Since the St Kilda Legal Service is in Australia, the intricacies of Melbourne laws, healthcare, and local politics may not always be applicable to international readers; however, the overall fight for queer rights is a worldwide issue, and Elkin’s heartfelt commentary is universally relatable. This is not a formal legal critique with academic references and case citations for those seeking a more in-depth analysis, but rather a personal reflection with anecdotes on the challenges and dysfunction of the legal system for the LGBTQIA+ community during a turbulent period.

Overall, Detachable Penis: A Queer Legal Saga is an insightful and worthwhile read for a broad audience. Whether you are a member of the queer community, an ally looking to understand more, a lawyer curious about community law practice, or a casual reader looking for a short read that packs a punch, Elkin’s work will entertain and enlighten in equal measure.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Democracy, Protest and the Law: Defending a Democratic Right. By Michael Head. London, U.K.: Routledge, 2024. vii, 198 p. Includes index. ISBN 9780367608323 (hardcover) US$190.00; ISBN 9781003100652 (eBook) US$56.99.

Reviewed by Haley O’Halloran
Research Librarian
Toronto Lawyers Association

While reading this book, Toronto, the city where I live, passed a by-law prohibiting protests from occurring within 50 metres of so-called “bubble zones.” The sites eligible to apply for this designation are schools, places of worship, and childcare centres, of which there are more than 3,000. This by-law is consistent with the international trend of governments attempting to restrict and limit the right to protest, which author Michael Head illustrates throughout Democracy, Protest and the Law: Defending a Democratic Right.

Head uses the U.K., U.S., and Australia to demonstrate how essential the freedom to protest is in democratic nations and to analyze how that freedom is being threatened. While his analysis does not include Canada, the countries he does focus on have reputations for being liberal democracies and share many similarities to Canada, the most important of which is the U.K.’s legal and democratic values. Head also includes several Canadian examples, such as commentary on the Charter of Rights and Freedoms and the increase in Canadian anti-protest legislation; for example, the laws enacted after the Wet’suwet’en blockades protesting the development of pipelines that would pass through their unceded territory.

Chapter 1 discusses the increase in the attendance at and volume of protests, attributing this to both a rise in popular discontent and the use of social media to engage more protestors. In Chapter 2, Head reviews the history of protest rights in countries with British heritage, rebutting the notion that this right was achieved through “parliamentary democracy” (p. 23). Instead, he asserts that this right was fought for by “immense social struggles” and established by “centuries of frequently convulsive struggles against authoritarian forms of rule” (p. 44).

In Chapter 3, Head homes in on the question of what legal right to protest is afforded to citizens in the U.K., U.S., and Australia, examining the “limited protection” granted by laws recognizing a right to protest (p. 45). These limitations can also be found in Canada, Head suggests, despite the Charter of Rights and Freedoms, due to the subjective requirement that assembly be “reasonable” (p. 46). Building on this analysis, Chapter 4 focuses on scrutinizing protest rights in countries like Australia and the U.K., where there is no “constitutionally entrenched bill of rights or any other explicit constitutional protection of the rights to free speech and protest” (p. 73).

The book then looks at the use of anti-protest measures, starting in Chapter 5 with laws similar to the Toronto by-law I mentioned above. Anti-protest laws used to be concerned with prohibiting violence, but Head suggests that their current aim is to stop any disruption, particularly those that affect corporate interests, which is a common protest and civil disobedience strategy. Another legal measure sometimes used is treating protests as crimes against the state or threatening a potential state of emergency, justifying the use of more aggressive anti-riot laws. Head examines how this has led to a global increase in police intervention in protests, as well as increased “levels of police violence” (p. 132).

Finally, the last two chapters consider the consequences of limited protest rights, paying particular attention to how this threatens the right to assembly and freedom of speech, and how restricting the capacity for dissent has been historically a fascist tactic with disastrous results. This final section concludes with a Marxist critique of contemporary democracy, suggesting that the threat to protest rights in late-stage capitalism is unavoidable, as the state is concerned with protecting “the power and privileges” of corporations and the wealthy (p. 175).

One of the strongest points that Head makes at multiple times throughout the book is the hypocrisy of the state’s relationship to protest. This can be seen in the lip service that governments and politicians pay to the rights to protest, freedom of speech, and assembly, while simultaneously introducing measures that diminish these same rights. This is particularly interesting in the U.S. examples, which show the country’s increasing intolerance of civil disobedience despite its celebrating protests like the Boston Tea Party.

Democracy, Protest and the Law would be a relevant addition to an academic library’s collection. The analysis of the historical treatment of protest and assembly rights in British colonial legal systems may be of interest to those researching the constitutional significance of anti-protest laws. Similarly, researchers may be interested in the correlation Head draws between the adoption of anti-protest measures and fascism, considering the discontent he speculates will continue to grow because of widening inequality.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Decoding Canadian Legal Research, Writing, and Conventions: A Guide for Internationally Trained Lawyers. By Kellinde Wrightson. Toronto, ON: Emond Montgomery, 2024. xviii, 259 p. Includes bibliographic references and index. ISBN 9781774624296 (softcover) $56.00; ISBN 9781774624319 (ePub) $50.00.

Reviewed by Dominique Garingan
Manager, Legal Learning & Development
Gowling WLG (Canada) LLP

Navigating a new legal system is a daunting endeavour that poses unique challenges for internationally trained lawyers (ITLs) in Canada. ITLs must not only understand new substantive laws but also integrate into a distinct legal culture with its own research methodologies, writing conventions, and professional norms. Decoding Legal Research, Writing, and Conventions: A Guide for Internationally Trained Lawyers, authored by Dr. Kellinde Wrightson, is a timely and indispensable resource.

Wrightson is well positioned to write this guide. She is an internationally trained lawyer who successfully navigated the Canadian accreditation process and is now the executive director of the Foreign Trained Lawyers Program at the University of Calgary Faculty of Law. Her personal journey and professional role in leading this program provide authenticity and credibility that will resonate with readers. Her insights are born from experience, allowing the book to address specific challenges ITLs face with both empathy and understanding.

What makes this text particularly valuable is its dual benefit: it is not just for the ITLs themselves, helping them steer through the intricacies of the Canadian legal landscape, but also for the legal professionals who support them. Many law librarians see firsthand the challenges and triumphs of ITLs as they transition into the Canadian legal profession. Decoding Canadian Legal Research, Writing, and Conventions reflects the key needs of ITLs and offers a holistic understanding of their unique context, addressing not only the how but also the why of Canadian legal practice. For librarians and other legal learning and information professionals, this book is a treasure trove of insights for better understanding the hurdles ITLs face, thus enabling them to tailor ITL-directed support more effectively. The book provides ideas for developing targeted learning opportunities, creating specialized research guides, and offering one-on-one assistance directly addressing the pain points of this demographic.

It is intended to be a companion to Emond’s text The Comprehensive Guide to Legal Research, Writing & Analysis (McCarney et al, 2024). The two work in tandem, with Decoding providing the context and specific guidance for ITLs, and The Comprehensive Guide offering the foundational principles and detailed mechanics of legal research and writing in Canada. That said, this book can stand on its own.

One of the book’s strengths is its ability to bridge the gap between academic theory and practical, real-world applications. It is structured to help with both academic progression in law schools and professional development at law firms. After an overview of the Canadian legal market and the accreditation system in Part 1, Part 2: Legal Research and Writing Through an International Lens provides a comprehensive introduction to Canadian legal research, writing, and communication. It demystifies the structure of Canadian law, explaining the common law tradition as well as Quebec’s civil law system, and provides clear, step-by-step guidance on how to conduct effective legal research using a variety of resources. The chapters on understanding and using legal research databases, problem-based thinking, and the case brief are particularly helpful, as they break down these foundational legal skills for those trained in different systems. There is also practical advice on drafting memoranda of law, factums, and opinion letters, all of which are crucial skills for both law school and professional practice.

Part 3: Last Words offers invaluable advice on how to network effectively, apply for articling and associate positions, prepare for interviews, and build a professional brand. The book does not shy away from the challenges ITLs may face when entering the legal job market. For example, it acknowledges the difficulties of navigating the National Committee on Accreditation process, the pressure of securing articling positions, the reality of potential career setbacks, and why some employers may differentiate ITLs from Canadian JD graduates in the recruitment process. However, it also addresses these challenges in a positive and proactive tone. The discussions on drafting effective cover letters and resumes, as well as preparing for interviews, offer a helpful perspective, providing a roadmap for how to present one’s skills in a manner that aligns with Canadian professional norms. This gives insight into some of the challenges ITLs face in securing legal employment and equips them with tools to boost their professional self-advocacy.

The book’s practical approach is key. It is filled with practical tips and tricks for those transitioning to the Canadian research framework, and it highlights the importance of understanding the hierarchy of sources and provides a clear roadmap for developing a research plan. It outlines procedural steps and offers illustrative examples and sample documents. It also addresses the nuances of legal citation and offers clear instructions on how to conform to Canadian legal writing conventions.

One of the most powerful messages of the book is related to how ITLs can and should leverage their skills and expertise. Rather than viewing their earlier legal training as a hurdle, the book encourages them to see it as a unique asset. The book offers guidance on how to articulate the value of their international experience to potential employers, highlighting skills such as adaptability, cross-cultural competence, and a global perspective on legal issues. This reframing is a critical psychological shift that empowers ITLs to approach their academic and professional careers with confidence. For example, a lawyer with a background in international trade law from another jurisdiction can bring a nuanced understanding of global business practices to a Canadian firm. The book provides concrete examples and advice on how to showcase these transferable skills effectively.

Overall, Decoding Canadian Legal Research, Writing, and Conventions is an important and inclusive contribution to legal literature. The book aims to empower ITLs in law school and in the early to mid-level years of their careers, making it a valuable addition to academic, courthouse, law society, and law firm library collections. More than just a reference guide, it almost serves as a mentor within a book. It provides ITLs with the tools, knowledge, and confidence they need to succeed in the Canadian legal profession. For law librarians and other legal learning professionals, it is an essential resource that deepens our understanding and enhances our ability to support this talented and determined group of legal practitioners.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Cultural Humility in Libraries: A Call to Action and Strategies for Success. Edited by Shannon D. Jones & Beverly Murphy. Lanham, Md: Rowman & Littlefield, 2024. xv, 179 p. Includes bibliographic references, figures, and index. Medical Library Association Books Series. ISBN 9781538162149 (hardcover) $138.95; ISBN 9781538162156 (softcover) $56.95.

Reviewed by Sarah E. Adams
Open Education Librarian
Libraries and Cultural Resources
University of Calgary

Every day, library staff engage with patrons, and patrons engage with us. These interactions can create a lasting impression influenced by the lived experiences and identities of all individuals involved. This premise is central to the work Cultural Humility in Libraries: A Call to Action and Strategies for Success, edited by Shannon D. Jones and Beverly Murphy, featuring 33 contributing authors across 18 chapters. Cultural humility empowers librarians and other library staff to reflect on ourselves, our interactions with others, and the impact those interactions have as we build relationships in our communities.

Part of the Medical Library Association Books Series, Cultural Humility in Libraries is an academic text supporting professional development in equity, diversity, and inclusion (EDI). This book provides a strong foundational understanding of the history of cultural competence and cultural humility, while emphasizing the interplay and differences between the two frameworks. It also highlights the ways in which cultural humility and cultural competence interact in spaces within health services, health education, and public and academic libraries. The book asks us as library professionals to move beyond cultural competence toward a lifelong journey of reflection, discovery, learning, and unlearning through cultural humility. Librarians can use this book and its inspirational case studies to reflect upon their professional practice and to enhance their outreach and service strategies.

Part I provides a foundational understanding of what cultural humility is, highlights key scholars, and demonstrates how this framework developed to improve relationship-building between medical practitioners and their patients. The work then moves into Part II: Applications in Libraries, which details strategies taken within library and educational settings to incorporate cultural humility to enhance connection, communication, and professional practice. Closing with Part III: Voices from the Field, we hear from individuals actively incorporating cultural humility in their work as they support their patrons and colleagues.

There is a good balance between libraries and health disciplines in centring discussions around cultural humility. Within chapters where health education is the focus, the information is presented in a way that allows the reader to consider applications in their own library services and personal interactions. The book is well organized, and concepts build upon each other, which helps readers understand the complexity and nuances in embedding cultural humility in service-oriented roles and workplaces. With contributors from different backgrounds and settings, there are slight shifts in authorial tone and repetition of content throughout the book; however, readers benefit from seeing commonalities among definitions, terminology, key concepts, and further resources offered by multiple contributors.

The book benefits from each authors’ openness to being vulnerable and frank about their lived experiences as well as the barriers encountered in their advocacy and cultural humility work. Within the case study chapters, the authors share their strategies and initiatives to support learning and community connection, while detailing their different approaches, perspectives, and professional settings. In recounting their own stories when undertaking this kind of work, I appreciated that the authors were acknowledging that they are limited by their own personal experiences, identities, privileges, roles, and settings.

Cultural Humility in Libraries contributes well to the current literature and is written in an approachable and practical way. While it is American-focused, the content is still applicable to Canadian librarians and their communities. This is an important read for not only librarians and library staff who engage with patrons, but for those in leadership positions as well. I would particularly recommend this book to public and academic librarians directly supporting law libraries, medical disciplines, health literacy, and EDI. In reviewing this thought-provoking book, I questioned my own privilege and identity. Cultural Humility in Libraries will help readers apply the learnings and strategies as individuals and as a collective, both within our workplaces and librarianship itself.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Addressing the Jury: Achieving Fair Verdicts in Personal Injury Cases. By Roger Oatley & Troy Lehman. 3rd ed. Toronto: LexisNexis, 2025. xix, 438 p. Includes bibliographic references and index. ISBN 9780433531654 (softcover) $145.00.

Reviewed by Lorissa Kinna
Reference Librarian
Great Library, Law Society of Ontario

The third iteration of Addressing the Jury introduces some significant changes, the most notable of which is the addition of Troy Lehman as co-author. Lehman brings more than three decades of experience in jury trials, working alongside Roger Oatley at Oatley Vigmond LLP. Almost 20 years have passed since the second edition, and Lehman’s extensive litigation background is clearly reflected in the expanded content of this latest edition.

Key changes include the expansion of content related to witness examination and demonstrative evidence. The previous edition grouped these topics into one chapter, while the current edition organizes them into four: one full chapter on demonstrative evidence and three separate chapters on various aspects of witness examination. This new edition adds three new annotated opening statements and one closing statement, and it revises the previous examples to reflect current courtroom practices.

The structure of the book follows the structure of a trial, starting with the psychology of the jury, then continuing with each type of address that counsel will make to the jury during a personal injury trial. The discussion of jury psychology covers topics such as belief systems, cognitive biases, stereotypes, and juror perceptions of likeability. From there, the authors explore techniques for courtroom communication, including developing a compelling case theme, addressing potential weaknesses, and effectively using both real and demonstrative evidence.

Once these overarching themes are covered, the authors delve into best practices for the opening statement, examination in chief, cross-examination, re-examination, and the closing statement. For example, they point out the importance of not arguing during the opening statement. Instead, they suggest creating a thematic narrative out of a client’s story while considering the biases and stereotypes of jury members. Annotated opening and closing statements from actual cases illustrate the authors’ theories and provide readers with practical, real-world examples of effective advocacy. One great example is from McCullough (Litigation guardian of) v Bursey, 1995 CanLII 7127 (ON Ct J (GD)). The plaintiff, Don, is an alcoholic, a fact the jury might have held against him; however, the opening statement turns it around by focusing on the struggles Don faced throughout his life that led to his alcoholism, as well as his attempts at recovery.

Beyond opening and closing statements, the rest of the book consists of strategies for different types of examination as well as handling objections. The book also includes chapters on specialized case strategies, with a particular focus on claims involving connective tissue damage and traumatic brain injuries. These cases are some of the most frequent personal injury claims and present unique challenges due to the often-invisible nature of the injuries. Oatley and Lehman provide thoughtful strategies for effectively presenting such cases to a jury. The authors emphasize the importance of using illustrative and demonstrative evidence for these cases to help the jury understand the extent of these injuries through imagery, even if the injuries are invisible to the naked eye.

Addressing the Jury is an integral text for new lawyers starting out in personal injury, as well as for seasoned lawyers looking to improve their speaking skills in the courtroom. While most of the content is directed at plaintiff counsel (which reflects both authors’ expertise), strategies for defence counsel are also mentioned, particularly when they differ from plaintiff counsel. The text is accessible and easy to read, and concepts are clearly explained, making the reader feel competent in the material, even without previous knowledge of the subject matter. While I’m not a lawyer, I found myself engaged with the content and fascinated by the various ways counsel can connect with the jury to advance their client’s case. Addressing the Jury would make a great addition to any practice-based law library.

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The 2011 Friends of the North Winners, Three Geeks and a Law Blog were kind enough to use their Geek in Review podcast to host Sarah, Jordan and myself to kick off this year’s awards. The conversation gave us a chance to reflect on twenty years of open legal web publishing, and the role of legal authors as beacons for truthful online conversation.

Nominations are wide open this year, even for our retired Hall of Fame inductees. We want to know what Canadian content creators you were reading and what was inspirational. If you subscribe to Canadian legal publisher or author, it’s time to drop them a note of encouragement on a social channel using the #clawbies2025 hashtag. We’re watching nominations on both LinkedIn or Bluesky.

Full detail on nominating can be found in this year’s kickoff post. Adhering to our usual course of events, winners will be announced at midnight New Year’s Eve 2025 on Clawbies.ca.

Please come help us celebrate 20 years of great Canadian legal content!

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The article claims that it is doubtful that GenAI delivers value to lawyers because any efficiency gains are erased by the time spent verifying its output; a framing that the author calls the “verification-value paradox.”

The “paradox” is:

More AI = more verification = less value.

The author admits that this paper is not based on fresh, robust empirical evidence, as he waffles back and forth in much of his discussion of the paradox; essentially stating that GenAI is sometimes helpful and sometimes not.

From the standpoint of a legal practitioner, this is the equivalent of saying walking across the road “can” be dangerous.

The decision to implement GenAI in a legal practice is to attain gains over elements of different files – not to say, “Well, if I can’t use it for legal research, then it is of absolutely no use to me whatsoever.”

The author’s ultimate, ordinary and unhelpful conclusion is, “for lawyers to be cautious, critical and/or reticent as to AI use in legal practice.”

This is precisely what law societies, bar associations and courts have been saying for the last 2 years. So, in other news, the author is telling lawyers that the sky is blue.

Ironically, the paper does little to support the proposition that GenAI is not useful for lawyers; the evidence is selectively presented, and the conclusion is not supported by practitioner studies or time-motion analysis.

Be that as it may, there are 5 important points that I wish the author had dealt with as they are far more interesting and relevant to practicing lawyers.

1. Verification isn’t a paradox; it’s the lawyer’s job

Lawyers verify everything: junior memos, discovery summaries, expert reports, and even partner-drafted factums. This isn’t burdensome; it’s what competent practice looks like.

AI doesn’t create a new obligation to verify. It shifts where verification happens and how much time we spend on low-value drafting versus high-value analysis. That’s workflow design, not a paradox.

The assumption that verification cancels out gains ignores basic realities observed in firms using these tools (RSG Study). A decent first draft (say 60% quality) saves meaningful time. Instead of starting from a blank page, the lawyer starts from a structured, reasonably coherent draft and moves immediately into:

(i) refinement,

(ii) strategy,

(iii) judgment, and

(iv) nuance.

GenAI is not designed to replace any of the above as these items are the core values that lawyers bring to the table.

Editing is faster, deeper, and more analytical than authoring every word from scratch – even with verification.

This framing – author to editor – is the much more interesting and relevant shift in the profession, but the article ignores it entirely.

In fact, the author spends a mere paragraph in his 28-page paper on “transactional and in-house lawyers who never engage with the court” and simply says the verification costs of GenAI use by these lawyers is also very high. Empirical practitioner studies and time-motion analysis are needed to support his assertion, but he has none.

2. The uncomfortable truth: many litigators don’t read the cases upon which they rely

The author suggests that because the need for accuracy is so high in litigation, the verification costs are therefore too high to use GenAI for legal research. However, he does not provide any data to support his view that verifying cases pulled by GenAI is slower than cases pulled and verified by other means.

He fails to mention that GenAI hasn’t created a verification crisis for legal research, it has revealed one.

For decades, litigation practice has tolerated:

(i) template-based arguments with inherited citations,

(ii) reliance on headnotes instead of underlying reasons, and

(ii) recycled factums passed from junior to junior.

GenAI didn’t cause this prior behaviour, but it is now shining a very bright light upon it.

Instead of blaming the technology and suggesting that it is causing problems, we should thank it for surfacing real problems in the profession.

3. It is absurd to use general-purpose LLMs for legal research, then blame Gen AI when it goes wrong

This may be the weakest assumption in the article: that using a general purpose LLM, such as ChatGPT or Gemini for legal research is a meaningful test of GenAI’s value in legal practice.

It’s not.

It’s negligence.

General-purpose LLMs are not legal research engines.

That’s like using a butter knife as a scalpel and concluding “surgery is unreliable.”

Wrong tool, wrong workflow, wrong conclusion.

The author cites only one South African Legal Research GenAI start-up (Legal Genius) as being his proof that legal-specific GenAI is unreliable; the bigger players in legal research including the author’s part-time employer, Thomson Reuters, are probably rolling their eyes at his example. Moreover, the use of only one example seems to be a leap unworthy of an academic paper, especially since as of September 2025, Legal Genius claims to have eliminated hallucinations using RAG.

4. The author assumes humans are more accurate than technology. They aren’t.

A silent premise in the article is that humans are inherently more reliable than machines.

Humans hallucinate too, it’s just that when humans, misstate judgments, rely on summaries instead of full judgments, forget to update cases, and simply get sloppy under fatigue or time pressure, we call it “human error,” “an oversight,” or “carelessness.”

Suggesting that GenAI’s fallibility somehow makes it unfit for legal work ignores the very real fallibility of the humans using it.

5. The article treats GenAI as if the technology is frozen

The technology in this area is moving rapidly. But the article leans on now-dated hallucination studies and ignores current tool design such as:

(i) retrieval-augmented generation,

(ii) curated legal information,

(iii) citation validation,

(iv) hallucination suppression, and

(v) firm-level governance.

It’s like assessing today’s satellite GPS accuracy using the performance of the very first civilian receivers from the 1990s. You might as well warn drivers that “GPS can be off by 300 metres.” True then, but absurd now.

This article will likely only be formally published in 2026, making it even more out-dated.

If anything, this article highlights the danger of academic journals publishing in a rapidly changing area; especially if the article does not have solid empirical data and it does not provide a solid value proposition to the profession.

Conclusion

There is no “verification-value paradox.”

The article leans on an inflated belief in human infallibility, the rehashing of well-known critiques and long-standing sloppy legal habits, then wraps it all in a catchy phrase built on outdated assumptions and the misuse of the wrong tools.

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It’s interesting that both of these articles came through on my feed in the same day:

Ahmed Otmani Amaouim, “Canada’s new Ministry of Artificial Intelligence and Digital Innovation: What it means for Canadian innovators” (MNP, last accessed September 12, 2025), online: https://www.mnp.ca/en/insights/directory/what-it-means-for-canadian-innovators.

and then

Patrick Butler, “N.L.’s 10-year education action plan cites sources that don’t exist” (CBC, September 12, 2025), online: https://www.cbc.ca/news/canada/newfoundland-labrador/education-accord-nl-sources-dont-exist-1.7631364.

Falsified Education Policy?

Let’s just call it – it was Newfoundland and Labrador’s **Education Accord** (10 year policy document) (that cost $755,000 dollars, no less) which contained falsified sources:

Yumna Iftikhar, “PCs ‘not prioritizing’ review of AI policies following Education Accord scandal” (The Independent, November 12, 2025), online: https://theindependent.ca/news/lji/pcs-not-prioritizing-review-of-ai-policies-following-education-accord-scandal/

Remind me how replacing public servants with commissioned reports and AI is going to a) save money, and b) improve policymaking in this country?

This entire episode is especially ironic considering it was their EDUCATION POLICY affected by hallucinated sources. What was the extent of the contractor’s expertise to write that report -using unverified AI outputs – in the first place? And why are governments hiring such persons to draft such critical policies?

I’m assuming the under resourcing of the public sector is to blame, leaving very few people to a) research and write critical policies, and b) actually engage in intelligent procurement practices.

Are we Headed for a Falsified Future?

Ultimately, what does this say about the future of policy making and government in this country, especially considering the Mark Carney government’s intention to further under-resource the public sector while investing in AI (see source above).

Getting rid of a long vilified public sector in favour of AI is, in my opinion, not only a foolish conjecture, but also ill-advised.

Keeping humans in the loop is an important part of the equation in ensuring the safety of AI.

With the perfect storm of cuts to the public sector accompanied by AI implementation with limited governance (see the PC government’s response in the Iftikhar article referenced above), it is my opinion that we are going to run the serious risk of the day-to-day work of government being riddled with errors and hallucinations, with no humans to catch it.

I’ve watched too many failed system migrations to see this ending well. The government fails to resource these projects properly – so they are doomed to fail from the outset.

See my previous posts on this topic.

All of the bells and whistles that companies parade before under-resourced procurement teams never come to fruition, and just result in on-going unresolved frustrations for public servants and clientele alike.

Cutting Libraries is Part of the Problem

In the mix is increasing number of government libraries being forced to close under this and previous governments.

This is an excellent commentary on why libraries are needed more than ever in this day and age. Take five minutes to find out why he referred to the American Association of School Librarians as “the most dangerous room in the country…”

Steve Hofstetter, “Full speech to the American Association of School Librarians” (last accessed, November 14, 2025), online: https://www.facebook.com/reel/1139338981678764

In my opinion, this perfect storm of influences is a risk to our entire democracy.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Right to Oblivion: Privacy and the Good Life. By Lowry Pressly. Cambridge, M.A.: Harvard University Press, 2024. ix, 228 p. Includes illustrations, notes, and index. ISBN 9780674260528 (hardcover) $47.00; ISBN 9780674298262 (eBook) $44.65.

Reviewed by Laura Reid
Student Learning & Engagement Librarian
University of Calgary

Many of us are currently grappling with our technologically enmeshed culture and the seemingly impossible tightrope walk of meaningful self-expression, knowledge sharing, and community building, alongside threats to safety, autonomy, and privacy. On the bright side, there are relationships maintained through digital communication, increased information sharing, and the magical promise of AI. On the dark side, there are the impacts of social media on mental health, the environmental toll wrought by digital infrastructure, questions of ethics and law pertaining to data mining, and claims of copyright infringement. Pulling a thread on just one of these knots results in considerable debate and confusion.

Lowry Pressly’s The Right to Oblivion: Privacy and the Good Life balances these wide-ranging aspects of privacy with a focus on articulating the deep value of privacy as oblivion and the need for cherishing spaces of untethered exploration. The book offers a reframing of the meaning of privacy through a unique lens that combines philosophical, legal, and historical considerations. By presenting these interconnected perspectives, Pressly offers options for broader thinking on human experience that can create a framework for informing personal choices and collective protections.

Through case studies, philosophical formulae, and academic argument, Pressly encourages the reader to consider the meaning of private experience and acceptance of the unknown. Acknowledging this murky space is essential to human development and to feeling fully alive. Treasured human experiences, like the mystery of sleep and the joys of discovery, counter the goal of total understanding that is implied by seemingly endless access to information. An argument that places value on limiting information and resisting thorough documentation may seem anathema to librarians, but the book’s radical contrast to conventional approaches of knowledge sharing and translation raises essential questions for our field.

Defining privacy is a challenge present in all discourse on the topic, as the word “privacy” is applied to a variety of meanings: a legal term, a philosophical concept, a word denoting economic value or sacred space. This is partly why the topic carries an increasing sense of controversy, particularly around clarifying what privacy means in digital spaces. In the title of this book, the terms “oblivion” and “privacy” are both used, but also explored in the text are related terms: “secrecy,” “unaccountability,” “hiding,” “solitude,” and “autonomy.” Pressly avoids a semantic tangle by focusing on the experiential process and human impacts implicated by these terms and concepts. Each chapter explores a different facet of the experience of the private: photography and technological representations of human identity, the culture of the voyeur, contemporary blurring of public and private, memory and the need to forget, human creative process, and spiritual depth. Although much of Pressly’s writing explores the more abstract sides of privacy, these conceptual considerations can inform larger understandings that can move us toward, as the book’s subtitle states, a “good life.”

Contemporary explorations of data control often present technological tracking and data translations of human behaviour as accurate and unproblematic, with greater focus on what is done with our personal data rather than on why we engage with statistical mirrors of ourselves. Not only does this acceptance of a “data double” (p. 44) ignore the messy inconsistencies of perception and emotion that we all experience, but this also reduces ourselves to data points and tidy representations. Pressly returns the spotlight to the power of a space of one’s own, and thus the psychological and social impacts of losing this oblivion: “privacy supports human flourishing by creating domains of life opposed to the production of information” (p. 53). Pressly’s focus on human experience and the mysterious unknown is essential to understanding ourselves (and each other) and is a grounding and refreshing reminder of the ineffable.

Although it may seem that this book is a heady read, the variety of examples and the influence from multiple areas of thought makes for an agile exploration of the central topic of privacy. Examples are drawn from film, fine art, legal practice and study, philosophy, and literature, making the work appropriate for a variety of readers and researchers, from those with a general interest in privacy studies to more specialized privacy rights scholars and practitioners. This book would add a unique perspective to legal studies collections, providing breadth and context to our current understandings of privacy. In The Right to Oblivion, Pressly has taken an engaging and provocative look at how distinct spaces for unaccountability offer potential for depth, meaning, and interconnectivity.

The post Book Review: The Right to Oblivion: Privacy and the Good Life appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

How to Use Digital Learning with Confidence and Creativity: A Practical Introduction. Edited by Gearóid Ó Súilleabháin, Donna Lanclos & Tom Farrelly. Cheltenham, U.K.: Edward Elgar, 2024. 362 p. Includes bibliographic references and index. ISBN 9781035311286 (hardcover) US$180.00; ISBN 9781035360543 (softcover) US$53.95; ISBN 9781035311293 (eBook) US$43.16.

Reviewed by Brianna Calomino
Digital Projects Librarian – Digital Scholarship
University of Calgary

How to Use Digital Learning with Confidence and Creativity aims to provide a broad, accessible, and holistic introduction to the ever-expanding landscape of digital learning with practical advice from diverse perspectives—and it achieves this objective successfully. Editors Gearóid Ó Súilleabháin, Donna Lanclos, and Tom Farrelly define digital learning broadly as “learning that is in some way being supported or experienced in a ‘digitally mediated’ way, or by otherwise making use of digital learning tools and technologies” (p. 2). Although this book is a recent publication, some of its technology discussions could already be considered out of date, and the editors acknowledge this. However, the need for an accessible and innovative guide to digital learning is more important than ever as “staff at all levels in higher education and elsewhere are now expected to know not just about core digital learning platforms and tools but also about a range of ethical, pedagogical, ideological, and strategic issues” (p. 2). The book provides a thorough examination of these issues, offering practical guidance on addressing learner needs within an ever-evolving digital landscape, as well as case studies and checklists that will be of interest to education professionals and developers of digital learning tools.

Divided into three sections, the book includes contributions from different continents, though primarily in an Anglophone and Global North context. Section I: Technology tackles essential technology platforms and tools and the larger context of trends in digital learning. The overall tone of this section is refreshingly succinct, honest, and even humorous as authors demystify artificial intelligence, big data, learning management systems, and hybrid learning tools. These essays offer broader advice applicable to readers in different institutions and roles. For example, Kerry Pinny’s essay “EdTech-topia: The Land of Abundance and Uncertainty” explores the problematic pressure to jump onto every latest trend and answers a common question: how do we navigate the multitude of choices in digital learning?

Section II: Theory covers the intersectionality of theory and technology, breaking down conceptional and practical approaches to digital learning. Challenges addressed include navigating classroom scale, the impersonality of e-learning, and the overall need for impactful communication. Conversations on forming community and maintaining quality in digital education are explored in depth with many frameworks provided for readers to implement in their own goal setting. Unfortunately, there is a missed opportunity on the topic of accessibility, with only one essay dedicated to the matter. Roisin Garvey and Nicola Marsh’s “Digital Learning and Accessibility” offers a much-needed perspective on the importance of digital accessibility, discussing how “[a]nticipatory, rather than reactive, adjustments are the goal in inclusive teaching and learning design” (p. 197). They provide both targeted and broad recommendations that include valuing daily consistency and clarity, having flexible assessments, and prioritizing student belonging. Including more essays exploring the challenges of meeting the accessibility gap in digital learning could have strengthened the book.

Section III: Praxis concludes with “practice combined with critical reflection, and an analysis of the power structures in which all of our practices are embedded … result in a change not just of practices but also of the structures in which those practices exist” (p. 219). These essays are calls to action to change institutions for the better, pushing back on accepted norms of digital learning that do not always prioritize the needs of human beings. Critical approaches to student well-being, open education, academic integrity, and commodification of instruction are controversial—yet vital—issues discussed in the book. Practical takeaways are situated within big-picture ethical discussions. Each essay in this section is a recommended read.

The book is mostly an easy read, as it breaks down complex technological jargon into more accessible terms and uses diagrams and figures when needed. No assumptions of prior knowledge in digital learning are made. This book serves as a beginner’s guide, building confidence to understand common learning frameworks and technical terminology, and hopefully sparking a greater curiosity to explore further. However, this does not mean the book is without depth. While mostly focused on introducing key aspects of digital learning, it also challenges the status quo by pushing readers to examine popular learning trends, such as Zoom breakout rooms or artificial intelligence, with a more critical eye. The book’s structure allows readers to selectively read the essays that are most applicable to their needs, but its unique content will also engage readers from cover to cover.

How to Use Digital Learning with Confidence and Creativity is an excellent resource for early-career educators, information professionals in academic and corporate learning environments, and those feeling overwhelmed by the rapid pace of technological advancements in education and learning.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Emond’s Basics of Tort Law. By Alex Colangelo. Toronto: Emond, 2024. viii, 157 p. Includes table of cases, glossary, and index. ISBN 9781774626702 (softcover) $79.00; ISBN 9781774626719 (digital) $59.00.

Reviewed by Melanie Bueckert
Legal Research Counsel
Manitoba Court of Appeal

Emond’s Basics of Tort Law is a very short book—each chapter is about 10–15 pages long—that provides a high-level overview of the law of torts in common law Canada. It briefly addresses intentional torts, property torts, business torts, negligence, occupier and host liability, product liability, professional liability, strict liability, and vicarious liability. It also touches on barriers to tort claims (such as limitation periods, insurance issues, and government immunity) and the topics of damages and remedies. Note that this text is focused on the common law and does not address the civil law applicable in Quebec.

My favourite feature of this book is its treatment of “key terms.” When a new key term is introduced, it is shown in boldface type. At the bottom of the page, in a light blue box, each new key term is listed along with a brief definition; for example, on page 2, “tort” is defined as “a type of civil wrong committed by one person against another.” Key terms are listed in the order in which they appear on the page (not necessarily alphabetically). At the end of each chapter, there is a yellow box with an alphabetical list of all the key terms introduced in that chapter and a reference to the page where each definition can be found. The definitions are also reproduced alphabetically in the book’s six-page glossary.

I appreciated the book’s use of colour to denote headings and the start of chapters. In addition to the glossary, the book includes both brief and detailed tables of contents, a table of cases, and an index. In a future edition, perhaps the author will consider including a bibliography or list of related resources at the end of each chapter, as is common practice in other fundamental texts, such as those in Irwin Law’s Essentials series.

In a condensed text of this nature, it can be difficult to break the topic down into reasonably sized chapters. Perhaps this explains why defamation is categorized as a “business tort,” why occupier and host liability are grouped together in Chapter 9, and why product liability and professional liability are combined in Chapter 10. Interestingly, several chapters begin by addressing individual torts alphabetically before then adding others out of order. For example, Chapter 4 on business torts (which might more traditionally be termed “economic torts”) begins by addressing deceit, defamation, injurious falsehood, and passing off, and then continues with intimidation, inducing breach of contract, unlawful means, and conspiracy.

There are, of course, many Canadian books about tort law. Clearly, this short text is not intended to replace the treatises by Klar (Tort Law, 7th ed, Thomson Reuters, 2023, $473) or Fridman (The Law of Torts in Canada, 4th ed, LexisNexis, 2020, $485). It is most similar to Thomson Reuters’s 152-page Canadian Tort Law in a Nutshell, 5th ed, last updated in2019, which was written by three authors and currently sells for $120. Other comparable shorter texts include Fridman’s Torts: A Guide for the Perplexed (LexisNexis, 2017, $130) and Tort and Contract Law for Legal Professionals, 3rd ed, by Carolyn MacLean and Alex Colangelo (Emond, 2023, $109). I might be biased, but The Law of Torts, 6th ed, by my former professor Philip Osborne, which is part of Irwin Law’s Essentials series, remains my number one recommendation for a student or junior lawyer looking for a basic torts text. Published in 2020, it is 568 pages and only costs $81.

This text accomplishes what it sets out to do, in the words of its cover copy: “introduce the full scope of modern Canadian tort law to students encountering the subject for the first time.” However, as the copy goes on to note, it is “[i]ntended to be used alongside traditional law school resources”; that is, this book is a useful summary and roadmap, but is not meant to replace other, more thorough treatises on the subject. To that end, it may be useful for self-represented litigants, students, and those looking for a quick tort law refresher.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Criminal Psychology. By David Rowlands & David Canter. 3rd ed. London, U.K.: Routledge, 2025. x, 365 p. Includes illustrations, bibliographic references, and index. ISBN 9780367773755 (hardcover) $170.00; ISBN 9780367773731 (softcover) $56.99; ISBN 9781003171065 (eBook) $51.29.

Reviewed by Leslie Taylor
Research and Instruction Librarian
Lederman Law Library
Queen’s University

Criminal Psychology, 3rd ed, by David Rowlands and David Canter, is the latest addition to Routledge’s Topics in Applied Psychology series. Both authors are leading academics in criminal psychology in the U.K., making them qualified to write this foundational textbook: Rowlands is a research fellow at the University of Leeds specializing in the policing of vulnerable populations, addiction, and offender rehabilitation, while Canter is an Emeritus Professor at the University of Liverpool who has researched and published significantly in the field of psychology and crime over several decades.

Examining the intersections between psychology and crime, criminal psychology plays a vital role in crime prevention and investigation, the creation of safer communities, and support for victims and witnesses of crime. As demand continues to grow for psychology expertise, this updated edition is particularly timely and relevant for contemporary students and practitioners within the criminal justice system.

This textbook provides a broad survey of the range of criminal psychology issues while also serving as a springboard for deeper exploration. It is organized into four main sections, each of which builds upon the preceding one to create a cohesive understanding of the field. Section 1 explores the foundations of criminality, examining the biological, psychological, and social explanations of crime. Section 2 analyzes specific criminal behaviors in more detail, including burglary, domestic violence, sexual offenses, homicide, serial killing, and organized crime, as well as terrorism. Section 3 addresses some of the evidentiary challenges faced by police and courts, particularly those about human memory limitations and deception. Section 4 outlines some practical applications of criminal psychology research in policing, court proceedings, and corrections, while also examining victim experiences and support. Finally, the closing chapter considers the more recent developments in our understanding of the nature of criminality and looks to directions in which the field may be headed.

While this text offers an authoritative overview of criminal psychology research and practice, its primary limitation is its focus on British and American contexts, with minimal Canadian content. Instructors at Canadian institutions will need to supplement this material with resources specific to Canadian law, including Canadian criminal justice systems and crime patterns. However, the theoretical frameworks and research methodologies presented remain valuable regardless of the book’s geographical context.

The book also excels in its pedagogical design. Each chapter opens with clearly defined learning outcomes and a summary to help focus reading. Visual aids, including tables, figures, and illustrations, are abundant, as are “focus boxes,” which contain practical examples, activities, and detailed explanations of certain principles. These elements all help the reader more effectively engage with the material and develop a deeper understanding of key concepts. Chapters conclude with reviews of key terms, suggestions for essay topics, and recommendations for further reading.

Criminal Psychology is a comprehensive reference text and would serve as an excellent primary text for college or university-level criminal psychology courses. Its broad coverage, pedagogical strengths, and authoritative perspective make it an ideal choice for introducing students to the field, and it would make a valuable addition to academic libraries supporting psychology, law, and other related programs.

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Authored By: Professor Wissam Aoun, Associate Professor & Member of Windsor Law LTEC Lab and Caitlyn Massad, JD Candidate at Windsor Law

1. INTRODUCTION Pharmascience Inc. v. Janssen Inc.[1] is scheduled to be heard by the Supreme Court of Canada (SCC) this coming October. In Pharmascience, the SCC will revisit the decades old prohibition against patenting of methods of medical treatment. The case revolves around a fact pattern common to several recent ‘skinny label’ cases.

URL
https://www.lteclab.com/post/physicians-as-infringers-putting-pharmascience-into-persepective

The post “Physicians as Patent Infringers? Putting Pharmascience Into Perspective” appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Wrongfully Convicted: Guilty Pleas, Imagined Crimes, and What Canada Must Do to Safeguard Justice. By Kent Roach. Toronto: Simon & Schuster, 2023. xxxvii, 359 p. Includes bibliographic references and index. ISBN 9781668023662 (hardcover) $34.99; ISBN 9781668023679 (softcover) $24.99; ISBN 9781668023686 (eBook) $24.99.

Reviewed by Leslie Taylor
Research and Instruction Librarian
Lederman Law Library
Queen’s University

Imagine being accused and convicted of a crime you did not commit. This is something that few of us want to contemplate, and yet an untold number Canadians undergo this horrific experience every year. While the Canadian public may be aware of a handful of high-profile wrongful conviction cases, most cases receive little public attention.

In Wrongfully Convicted, renowned legal scholar and lawyer Kent Roach explains that wrongful convictions are an inevitable product of flaws found in both human nature and the Canadian criminal justice system and that, while it may be easier to make corrections to the latter than the former, we must examine and address both where possible. Roach takes an in-depth look at the reasons why wrongful convictions occur in Canada and proposes measures to address these. He also urges the Government of Canada to identify and correct wrongful convictions more quickly and humanely, pointing to the 2021 Miscarriages of Justice report by the Hon. Harry LaForme and the Hon. Juanita Westmoreland-Traoré as a roadmap for achieving this.

Roach categorizes wrongful convictions into three types: (1) false guilty pleas, (2) imagined crimes, and (3) wrong perpetrator convictions. In Part One, Guilty Pleas, Roach explores the reasons why an innocent person might plead guilty to a crime they did not commit. While acknowledging a variety of distinct factors that can contribute to a false guilty plea, Roach points to mandatory minimum sentences and a justice system that too readily accepts guilty pleas in exchange for lesser sentences as key drivers of this problem. For example, Roach examines cases of caregivers who falsely pled guilty to infanticide. In many of these cases, the accused were from marginalized groups and evidence given against them by an expert witness was only later discredited. The defendants believed that the judge or jury would prefer the expert’s evidence over their own, and they feared receiving a mandatory life sentence for first-degree murder. As a result, they made the decision to plead guilty to the lesser offence of infanticide, which does not carry a minimum sentence, even though they were innocent.

In Part Two, Imagined Crimes, Roach delves into the reasons innocent people are sometimes convicted of crimes that did not happen. The main culprit for this type of wrongful conviction, Roach explains, is a mental phenomenon called “thinking dirty,” in which an agent of the criminal justice system allows stereotypes, generalizations, and other mental shortcuts to lead them toward mistaken conclusions. Cases brought against young mothers, racialized caregivers, people on welfare, and Indigenous persons are provided as examples where unconscious bias and dirty thinking has led to a conviction for a crime that did not happen. “Thinking dirty” may be a natural human tendency that can turn an accident into a crime, but various actors in the criminal justice system are supposed to function as checks on one another to prevent this from happening. However, thinking dirty is also contagious, and one person’s dirty thinking can influence the thinking of others, causing a so-called “snowball effect.” Roach gives many examples of how this snowball effect can play out. For example, when forensic pathologists conduct their autopsies in suspicious death cases with police present, the background information they receive from the police officers can influence the conclusions they reach.

In Part Three, Who Done It?, Roach explores “wrong perpetrator” convictions, the type where “police were right to think dirty but got the wrong person” (p. 139). According to Roach, these convictions originate from a type of cognitive bias called “tunnel vision,” where investigators focus on one suspect to the exclusion of others. He discusses famous examples of wrong perpetrator cases, such as David Milgaard and Guy Paul Morin, as well as some lesser-known cases of wrongfully convicted Indigenous persons.

Roach explains that this tunnel vision comes from a natural human tendency to use mental shortcuts and to discount discordant information when faced with the challenge of solving a crime. However, he also argues that there are exacerbating factors within the criminal justice system that can be better controlled. He points to failures by police to coordinate information and make effective use of computerized case management systems, as well as the use of controversial investigation tactics such as jailhouse informants as key contributors to the problem.

In the final part of the book, What Must Be Done, Roach proposes changes to the criminal justice system aimed at reducing the number of wrongful convictions in Canada. Recognizing that it may be impossible to prevent wrongful convictions entirely, he urges the Government to correct those that do occur in a more efficient and humane fashion. To this end, he advocates for the passage of Bill C-40, the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law), which, at the time Roach was writing this book, was making its way through Parliament. Bill C-40, which received Royal Assent on December 17, 2024, creates a new commission to investigate miscarriages of justice and implement a compensation scheme for the wrongfully convicted.

Wrongfully Convicted is not the first book on the topic of wrongful convictions in Canada, and many of Roach’s ideas build on those already identified in the existing literature. It does, however, contribute to the field by thoroughly cataloguing and examining not just well-known wrongful conviction cases but also ones that are hardly known at all, including those of Indigenous persons whose cases have previously gone unexamined. Roach’s book offers a new typology of wrongful conviction cases that may help in understanding the causes and solutions to this problem in Canada.

Everyone who works in the Canadian criminal justice system should read this book, and I would recommend that any law library that collects criminal law materials purchase it. I would also recommend this book to public libraries, as the issue of wrongful convictions is one that affects all members of the Canadian public.

The post Book Review: Wrongfully Convicted: Guilty Pleas, Imagined Crimes, and What Canada Must Do to Safeguard Justice appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Legal Guide to Emerging Technologies. By Imran Ahmad & Shreya Gupta. Toronto: LexisNexis, 2023. xiv, 113 p. Includes index. ISBN 9780433524748 (softcover) $130.00.

Reviewed by Katarina Daniels
Research Lawyer, Library Services Lead
Davies Ward Phillips & Vineberg LLP

Legal Guide to Emerging Technologies provides a clear and structured introduction to six key emerging technologies: biometric data, autonomous vehicles, the Internet of Things, generative artificial intelligence, the Metaverse, and blockchain and non-fungible tokens. The six chapters of the book—one for each technology—are organised similarly, making it easy to navigate. Each chapter begins with an accessible overview of the technology followed by an analysis of its legal considerations. The governing legal frameworks are then outlined, with a primary focus on Canadian law supplemented by references to foreign legislation (often the United States and the European Union). Each chapter concludes with a list of best practices, offering practical guidance for organizations involved in developing or deploying these technologies.

The Legal Considerations section in each chapter stands out for its breadth. While it would have been easy to focus exclusively on privacy and cybersecurity, authors Ahmad and Gupta examine how these technologies affect a variety of legal fields, broadening the book’s appeal. Their clear and concise explanations of complex technologies are also especially valuable for legal professionals and business leaders who must understand these technologies in order to navigate their legal implications effectively.

It is worth noting that the book is introductory in scope, targeting lawyers and business professionals who are beginning to encounter these technologies in their work, rather than seasoned technology professionals. While the legal analysis and practical guidance are insightful, the discussions are relatively brief. The Legal Frameworks section, which makes up the bulk of the content in each chapter, risks becoming outdated as laws evolve. Indeed, just 18 months after publication, much of this content already requires updating. The authors acknowledge these limitations in their introduction, however, framing the book as a “starting point” and a “quick reference guide” designed to aid with issue-spotting and developing foundational knowledge (p. x).

The book would also benefit from more rigorous editing. The Best Practices sections are repetitive, with subtitles often nearly as long as the advice and the phrasing only slightly varied. Additionally, the referencing and footnoting could be more consistent and detailed, particularly in a text aimed at professionals who may wish to delve deeper into specific issues. Improved formatting of bullet points and lists would also enhance its readability.

Despite these issues, the book is a valuable resource because of its clear explanations, insightful analysis, and practical guidance. It will appeal to a wide audience, including legal professionals, regulators, policymakers, corporate leaders, and academics. Privacy lawyers, in-house counsel, and technology specialists will find it to be a practical tool for advising clients or ensuring compliance with emerging legal standards. Regulators and policymakers will appreciate its concise summaries of evolving legal frameworks, while corporate leaders can rely on its advice to manage technology-related risks. For academics, law students, and law librarians, the book’s structured approach makes it a useful teaching aid and reference for understanding the intersection of law and technology.

Ahmad and Gupta have crafted a resource that not only informs but also empowers readers to navigate the complexities of emerging technologies with confidence. As these technologies evolve, I look forward to future editions that will update existing content, introduce other new technologies, and potentially retire those that are no longer “emerging.”

The post Book Review: Legal Guide to Emerging Technologies appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

COVID-19, Law & Regulation: Rights, Freedoms, and Obligations in a Pandemic. By Belinda Bennett, Ian Freckelton & Gabrielle Wolf. Oxford: Oxford University Press, 2023. vii, 674 p. Includes bibliographic references and index. ISBN 9780192896742 (hardcover) $165.00.

Reviewed by Marnie Bailey
Manager, Knowledge Services
Fasken Martineau DuMoulin LLP

COVID-19, Law & Regulation looks at the legal and regulatory challenges and implications of the pandemic with five main themes: the layers of law, the role and scope of law, the understanding of risk, the human rights issues, and the impact on individual obligations. The foreword by Lawrence O. Gostin, the first O’Neill Chair in Global Health Law and director of the WHO Collaborating Center on National and Global Health Law at Georgetown University, sets the scene. Professor Gostin reminds us of the challenges we faced in the early days of the pandemic, from lockdowns and contact tracing requirements to the eventual imposition of vaccination mandates, as well as the disproportionality of illness and death experienced in marginalized populations.

In the first chapter, “COVID-19, Law, and Regulation,” the authors provide a detailed timeline of the pandemic, an overview of the key themes of the book, and a synopsis of each chapter. It concludes with the authors’ hopes for the book.

The second chapter, “Past Legal and Regulatory Responses to Infectious Diseases,” reviews prior epidemics and their effects on legislation. From the Black Death to the recent Ebola outbreak in West Africa, epidemics and their legal responses, including mandatory quarantines, vaccinations, and labour law changes, are discussed.

After these introductory chapters, the book dives into a thorough examination of the COVID-19 pandemic, beginning with an in-depth look at the various restrictions on movement, such as the closing of borders and the quarantining of cruise ships. The book then moves into a discussion about domestic law and emergency measures, including travel restrictions, masking requirements, vaccine passports, and the rules and regulations that developed around testing and contact tracing. While the authors are based in Australia, they also examine each of these measures internationally, discussing the different methods used by various countries, all reviewed with a human rights lens.

An extensive examination of litigation responses to the emergency orders follows, again from an international perspective. The challenges are grouped by theme: border closures, curfews, rights to protest, etc. The last chapter in this section of the book discusses the risk of contracting COVID-19 compared to the risks imposed by the emergency orders, including social isolation, collective mental health effects, and economic challenges.

The next few chapters of the book look at the legal impacts of COVID-19 responses on criminal justice, civil liability, and workplace health and safety. Many countries are again referenced, and while the discussion of the longer-term impacts is succinct, there are many footnotes provided should one want to follow up on specific areas of interest.

The final chapters of the book turn to the development, production, regulation, and distribution of vaccines. These chapters provide a fascinating look into the development of vaccines in general, including issues around human trials and other forms of research. Certain challenges of research publication protocols are also discussed, such as the hydroxychloroquine and ivermectin treatments that were initially successful but whose research results have since been challenged. The chapter on distribution was particularly insightful in its discussion of the systemic inequities in vaccine distribution, which led to wealthier countries being able to easily access the vaccines, as well as in equipment distribution, where ventilators, masks, and sterile gloves were in short supply overall but especially for poorer countries.

The concluding chapter is one of reflection: What worked and what didn’t? How can we reduce the inequity of treatment options for less wealthy countries, as well as for marginalized residents everywhere? Can the mental health and legal aspects of the responses, including the human rights challenges and criminal justice issues, be balanced with the need to protect as many people as possible? When the next epidemic hits, how can we be ready?

With 81 pages of bibliographic references, including case law and legislation from around the globe, COVID-19, Law & Regulation is a well-researched and thorough book. The chapters, while long, are broken down into shorter sections and arranged in a logical manner that flows well, both within the individual chapter as well as the book as a whole.

This is an essential read for anyone interested in the early timeline of COVID-19 and is a detailed examination of much of the pandemic. The book ends in early 2022, just when the Omicron variant was starting to spread, as many countries were providing booster vaccinations and widespread masking was on the decrease. In many countries, including Canada, public health emergency declarations would not be rescinded for another 1–2 years, with the full effects of the pandemic and the responses yet to be discovered. I do think the text deserves to be updated with the knowledge we have gained over the past two years. However, for anyone interested in an overview of the legal issues of the pandemic, this is nonetheless a worthy read.

The post Book Review: COVID-19, Law & Regulation: Rights, Freedoms, and Obligations in a Pandemic appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Constitutionalising Social Media. Edited by Edoardo Celeste, Amélie Heldt & Clara Iglesias Keller. New York: Bloomsbury, 2022. 352 p. Includes bibliographic references and index. ISBN 9781509953707 (hardcover) $175.50; ISBN 9781509953745 (softcover) $86.50; ISBN 9781509953714 (ePUB) $77.85; ISBN 9781509953721 (PDF) $77.85.

Reviewed by Kyla McCallum
Student Librarian
University of British Columbia

Constitutionalising Social Media is an anthology of essays on fundamental rights in the era of social media platforms. It comprises four parts and includes an extensive index, making it an invaluable resource for expert readers seeking specific information. CALL/ACBD members concerned about the “quasi-sovereign authority” (p. 6) granted to large social media companies and digital platforms like Meta (whose assets include Facebook) will find this volume especially engaging. For those unfamiliar with the concept of constitutionalising, the introductory chapter provides a thorough definition of the process of translating fundamental rights to the social media sphere, setting the stage for the research that follows.

Part 1, Social Media as a Modern Public Square, offers an accessible overview for those new to the study of modern communication, information dissemination, and political engagement in the digital age. In the opening essay by Tetyana Lokot, key concepts such as “networked publics,” “affordances,” and “digital citizenship” are clearly defined, ensuring that readers are well equipped to navigate the diverse perspectives presented in the following chapters. This section lays the groundwork for understanding how social media platforms have become constitutionally relevant as “powerful instruments for exercising fundamental rights” (p. 5). The authors also advocate for “regime-agnostic” (p. 23) regulation that would protect citizens’ agency online, thereby enabling them to influence complex power dynamics through platform-facilitated political advocacy.

Part 2, Fundamental Rights and Platforms’ Governance, outlines deficiencies in state law and the failure of private platforms to adequately protect users’ constitutionally guaranteed rights. As technological behemoths acquire sovereignty by designing and implementing politically influential “private structures” (p. 82), they are increasingly able to elude nation-state power. In the essay “Structural Power as a Critical Element of Social Media Platforms’ Private Sovereignty,” Luca Belli argues that the “delegation of regulatory functions to private intermediaries” was an intentional choice for efficiency’s sake, but that “ultimate oversight” must be public if we are to ensure that “fundamental rights, due process, and the rule of law are respected” (p. 88). The next essay, “No Place for Women: Gaps and Challenges in Promoting Equality on Social Media,” highlights the shortcomings of social media regulation by examining gender-based online harassment. While networked feminism has the potential to “support material equality” (p. 102), the social media space can also exacerbate misogyny through a reciprocal dynamic wherein technology both shapes, and is shaped by, misogynistic attitudes.

Part 3, States and Social Media Regulation, delves into the state’s interaction with digital platforms through various case studies, including China’s extensive surveillance of online activity and Israel’s practice of “voluntary enforcement” (p.187) for content removal. This section offers a nuanced view of how governments try to regulate or control online spaces, shedding light on different national approaches to digital governance.

The book concludes with Part 4, Constitutionalising Social Media, which explores potential solutions to the complex relationship between public oversight and private platform governance. In the essay “Content Moderation by Social Media Platforms: The Importance of Judicial Review,” Amélie P. Heldt argues for the crucial role of judicial review, asserting that court decisions can safeguard human rights and “serve as the mouthpiece of minorities whose voices are completely left out of platform regulation” (p. 265). In their discussion of content moderation, the authors of “Digital Constitutionalism: In Search of a Content Governance Standard” explore the concept of legal pluralism, where the absence of a single, unified standard for human rights enables companies to create their own rules. They also examine the efforts of civil society groups to develop “rights and principles for the digital age” (p. 268), which could help shape the governance frameworks of private platforms.

Constitutionalising Social Media is a valuable contribution to the scholarship on fundamental rights in our increasingly networked world. This book is part of a rapidly growing research field, as demonstrated by the establishment of the Digital Constitutionalism Network in 2019 and recent related publications. Readers familiar with Digital and Social Media Regulation: A Comparative Perspective of the US and Europe (Palgrave Macmillan, 2021) will appreciate this collection’s inclusion of cases from beyond the Western context. Additionally, those who enjoyed Social Media, Fundamental Rights and Courts: A European Perspective (Routledge, 2023) will find this current text to be complementary, particularly in its examination of relevant legislation. Constitutionalising Social Media is also accessible to a broader audience, and CALL/ACBD members who may not have an extensive background in social media or its regulation are encouraged to pick it up.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

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.

Reviewed by Lorissa Kinna
Reference Librarian
Great Library, Law Society of Ontario

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.

The post Book Review: What Roe v Wade Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Most Controversial Decision appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

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.

Reviewed by Kyla McCallum
Student Librarian
University of British Columbia

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.

The post Book Review: Out of Darkness: Rumana Monzur’s Journey Through Betrayal, Tyranny and Abuse appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

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.

Reviewed by Alexia Loumankis
Reference and Research Librarian
Bora Laskin Law Library
University of Toronto

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.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

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.

Reviewed by Allison Harrison
Head of Acquisitions
Justice Canada Library

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.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

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.

Reviewed by Katarina Daniels
Research Lawyer, Library Services Lead
Davies Ward Phillips & Vineberg LLP

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 post-Confederation 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.

The post Book Review: For the Encouragement of Learning: The Origins of Canadian Copyright Law appeared first on Slaw.

The Walter Owen Book Prize honours its namesake (1904–1981) who privately practised law for 40 years; served as President of the Canadian Bar Association; and in 1959, became the Foundation’s first President.

A Jury appointed by the Foundation recommended prize recipients from a list of 35 book nominees after more than four months of deliberation. All selections by the Jury were unanimous.

On behalf of the Jury, Professor John N. Davis and David C. Day, K.C. Barrister and Supreme Court Master, remarked that Modern Criminal Evidence “substantially contributes to Canadian legal literature as the currently definitive concise work on its subject.”

The Walter Owen Book Prize is awarded on alternating years and covers publications released in the two years prior. Hence, the 2023 award of $30,000 is presented to a publication released in 2021 or 2022; obviously indicating a rigorous selection process. This coming year in 2025, the Walter Owen Book Prize will consider applications for publications released in 2023 and 2024.

Congratulations to everyone involved!

The post 2023 Walter Owen Book Prize appeared first on Slaw.

On 15 January 2024, the portions of British Columbia’s Family Law Act dealing with the division of property were amended to address pets, the idea being that people have important emotional relationships with pets and post-separation conflict might be reduced if clear guidelines were provided. Prior to these amendments, pets were treated as chattels with the same ontological and legal status as couches, carpets and cars. Claims to possession of a pet were usually determined on the basis of ownership (Who bought the cat in the first place? Whose name was on the registration form?), habitual care (Who was primarily responsible for walking the dog? Who took the hamster to the vet?), or financial responsibility (Who paid for kenneling costs? Who paid for the vet? Who usually bought the kibble?).

Much as some people might have liked it, the courts would not and could not make orders for the shared parenting of a pet, as such would amount to an order providing an alternating right of possession of a couch. The same analysis generally applied to the sharing of the future costs of a pet, which would be the equivalent of an order requiring someone to pay for the ongoing maintenance of the car retained by their former spouse. The new rules don’t actually change this approach.

Definition

First, the animals the act deals with are “companion animals,” not “pets.” These are defined at section 1 as “an animal that is kept primarily for the purposes of companionship.” Section 3.1 exempts guide dogs and service dogs from the definition, as well as animals kept as part of a business or for agricultural purposes, thus ducking clever arguments that someone’s cattle or goats are companion animals rather than assets.

Scope of agreements

Section 92 of the act allows spouses to make agreements providing that: they will jointly own a companion animal; they will share possession of a companion animal; or, just one of them will have exclusive ownership or possession of the animal.

While it’s nice to have language in the legislation expressly permitting people to make agreements about pets, there’s nothing particularly new about the concept. People have always been able to form private contracts dealing with their chattels howsoever they might wish. If spouses wished to agree that they would share their couch on a week-on/week-off basis, nothing but practicality and common sense was stopping them from doing so.

Scope of orders

Under section 97(2), the Supreme Court has the express jurisdiction to make declaratory orders about the ownership and possession of companion animals. There’s nothing new about this either; the Supreme Court has always had the jurisdiction to make orders about the ownership and possession of chattels. However, under section 97(4), the court may also make orders about the ownership and possession pets that qualify as “excluded property” – typically because the property was brought into the relationship or gifted to a spouse during the relationship – which would normally only be permitted in circumstances of “significant unfairness” under section 96.

What is new are the provisions of section 97(4.1) which prescribes a list of factors the court must take into account in making orders about pets. These include how the pet was acquired, who cared for the pet, the presence of family violence, a spouse’s cruelty toward the pet, any relationship between children and the pet, and the ability of the spouses to care for the needs of the pet. While many of these factors are imported from the previous case law on the ownership and possession of pets, it is helpful to have a consolidated list of considerations, especially one which includes family violence and the importance of the pet to any children.

The kicker, however, comes in section 97(4.2), which merely restates the status quo ante. The court may not make orders that spouses “jointly own the companion animal” or “share possession of the companion animal.” In other words, the court still cannot make orders providing an alternating right of possession of a pet. Shared parenting of pets continues to be off the table. In a similar vein, section 97(4.3) sensibly provides that the court may not make orders for the “unequal division” of pets, which I suspect would be unnecessarily messy and significantly diminish their value.

Provincial court

The other genuinely novel change concerns the jurisdiction of the Provincial Court. The British Columbia Provincial Court normally has no authority to make orders concerning family property and excluded property. The amended section 193 expressly allows the court to make orders respecting the ownership and possession of companion animals, on the same terms as the Supreme Court.

Summary

The majority of the amendments to the Family Law Act concerning pets really don’t do a great deal to change how pets were handled prior to those amendments. Spouses can make agreements for the sharing of their pets, as they have always been able. The court can make orders for the exclusive ownership and possession of pets, as it has always been able, and it continues to be unable to make orders for the sharing of the ownership or possession of those pets.

The two important innovations introduced by the amendments are the expansion of the jurisdiction of the Provincial Court, the province’s most accessible court, to make orders about pets, and the addition of the special list of factors the court must consider when making decisions about pets at section 97(4.1).

The post Dealing With Pets Under British Columbia’s Family Law Act appeared first on Slaw.

These tips include pointers helpful for anyone using CSO E-search, even if you are out of the province and don’t know anything about this useful tool for accessing BC court records and file information. Anyone can search CSO, see free results, and then pay to see deeper case information and pay to download available documents. You don’t need an account. So if you’re outside BC, check out CSO anytime. Or read on. 

For folks in British Columbia who can make their way to one of CLBC’s branch locations, the message for you is that CSO E-search is free to use from one of our public computers. Access features that would otherwise cost a fee, including case views and document downloads. You don’t have to sign up, but you do have to come into one of our libraries and access the service in person.

What is Court Services Online?

CSO in this province is a great tool for researching people and companies, but also a good educational resource for seeing how the province’s court system works at the file end. Lawyers, paralegals, self-represented litigants, legal advocates, law students, journalists, and the general public can all benefit from the depth of information this service unlocks. It brings more transparency to how the courts operate, shows what filed legal documents and forms actually look like (and the context they are used in), and reveals what happens in court cases outside of the judicial decisions that get reported. 

CSO contains filed legal documents and information about cases filed in BC’s three courts: the Provincial Court, the Supreme Court, and the Court of Appeal. All information is organized by specific court files for each case. Through these court files, CSO gives you access to millions of documents from real-life cases, including forms and pleadings completed by parties or their legal counsel. CSO lets you see what these documents actually look like if you’ve never prepared paperwork for court. Or, if you prepare pleadings and court forms all the time, you can see how other lawyers have drafted them.

How much court data are we talking about?

CSO doesn’t contain all types of court files, and some things are off limits (as discussed below)… but it holds a lot. Just to give you a sense for how many cases and court records BC’s courts handle, I pulled some information from DataBC and laid it out in a table for the past five years. Click on the table to get a higher resolution view. 

CSO is not good for:

• Family law cases (except very limited details for Supreme Court family files)
• Supreme Court criminal proceedings
• Any cases involving children (i.e., adoption, child protection, youth criminal files)
• Reading all filed documents in a case:
  • Typically you can view pleadings, notices of application, and orders
  • Other available documents vary depending on the case’s classification and how old the file is
  • Typically only 10-30% of all documents in the court file are downloadable
  • Affidavits and exhibits are never available on CSO

What is CSO E-search?

CSO E-search is a tool for finding cases on CSO. That said, CSO E-search is not like a search engine. You cannot search by keyword, ask it to filter for a specific legal issues, ask it to show only specific court forms, etc. It was only designed to locate specific cases. CSO E-search assumes you will know the name of a party, the court file number, or the date the case was filed.

• If you know the name of a party or the file number of a case, CSO E-search is simple to use.
• If you do not have a specific case in mind, and just want to discover cases and documents that deal with a specific legal issue, use a specific court form, or led to a specific kind of outcome, you need to find a workaround.

This guide will help you use CSO E-search, and also find workarounds to get you results that are hard to get directly.

Start Your Search

You must come in person to one of CLBC’s 30 branches and use one of the public access computers to get access. Once you launch CSO on one of our public computers:

• A pop-up survey will open in a separate window. Please remember to take the survey once you’ve completed your search(es). Your feedback is important to us and the future of the pilot.
• Read the Disclaimer and close the box.
• From the “E-search Home Page” you will choose from the following search methods:

 1. Search Civil By:

• Party name (default)
• Deceased name
• File number
• Date range

 2. Search Appeal By

• Case number
• Party name

3. Search Traffic/Criminal By:

• Participant name
• File number
• Agency name

1. Search Civil

“Search Civil” is good for seeing what happens in civil files and litigation in BC’s Supreme Court and Provincial Court. To see results for civil matters in the Court of Appeal, you have to use the “Search Appeal” method (discussed below).

What are “civil files”? This refers to the files courts’ registries keep when a civil claim is started. In general, a civil claim means a lawsuit brought by a party against another party (including contract breaches, personal injuries, property matters, and family law issues) or any proceeding where the court is needed to exercise its authority under its civil jurisdiction (to probate a will, for example). For BC courts, civil jurisdiction encompasses typical lawsuits, but also family law, probate, and bankruptcy proceedings.

Here are some general tips for using the four search options listed within the “Search Civil” method.

• Search by Party Name (Tip: this is the most useful search)

The Party Name search requires that you start with a name, but offers more customization than other search options because you can filter by case classification (e.g., Small Claims, Motor Vehicle Accidents, Probate, Supreme Court (General), Foreclosure, etc.), registry location (99 registries listed), date range (without limits), and even by the person’s role in the file (e.g., claimant, respondent, etc.).

If you are searching for a person by name, a good strategy is to select “Both” individual and organization names, and to select “Partially”.

• Search by Deceased Name

If you know the last name and the first initial of someone who has passed away, you can search for their probate file. The difference between this search option and a Party Name search is that this one shows results for only those who have died (not a beneficiary, executor, administratrix, etc.). You can filter results down to a narrower date range if you wish.

• Search by File Number

If you know the docket number of a case file, enter that into the File Number search. This will pull up the case in the most precise way.

• Search by Date Range

Searching by date range is great for narrowing results to a specific time period, however you cannot filter results based on classifications of cases (see more on classifications, below). You might use this method when you know the date a case was started, or to see a broad selection of all categories of cases being filed over a short period of time (from 1-7 days only).

The maximum range you can set is seven days, and you cannot set this range further than 10 years back. (Note that this is more restrictive than the date ranges you can set using the Party Name search option.)

You can confine the date range search to a single registry location if you wish—but that’s the only other filter.

Search Civil: Understanding Civil Classifications

The “Search Civil” method will provide results from Supreme Court and Provincial Court reveals court files belonging to one of 10 different classifications used by the court registry:

Class: Small Claims

The Small Claims division of the Provincial Court processes many thousands of claims. Most are individuals and companies suing one another for monetary relief in amounts ranging from $5,000 to $35,000. Reviewing these cases can reveal key documents, but also the names of people associated with a corporate party, where they have their addresses for service, and more.

When you view the documents tab of a small claims file, the amount of the claim is shown right away. The Notice of Claim is almost always available to download, as is the Reply of the responding party, along with orders from the court.

Class: Supreme Civil (General)

A large percentage of Supreme Court cases involve parties who are suing each other. This generic class includes estate litigation, medical malpractice, breach of contract, slip and fall injuries, and a wide range of other claims. Motor Vehicle Accidents are put in their own class. The pleadings, notices of applications and responses to applications, and orders will commonly be downloadable.

Class: Foreclosure

Lenders (usually banks as mortgagees) or lien holders, file a petition to start foreclosure proceedings against property owners (usually these are owners who have not paid the mortgage). About 1,500 foreclosure files are started each year, and CSO is filled with information about lenders, borrowers, real estate properties, and the mortgages that bring them to court. Most foreclosure files include routine documents you can download (petitions and resulting orders), and in some cases the respondent homeowner brings applications to resist the foreclosure attempts.

Class: Motor Vehicle Accidents

The Supreme Court and the Provincial Court have a special classification for motor vehicle accident cases, so you might use this classification to focus your search only on these kinds of cases. This said, motor vehicle accident cases are still also classified under Supreme Civil (General) or Small Claims files (depending on the court), so you don’t have to search for them separately. They show up under the general results if you just want to use the more common classification.

Class: Enforcement/Legislated Statute

These tend to be court actions (in either Supreme Court or Provincial Court) filed to enforce orders from other tribunals or courts. Many are from the Residential Tenancy Branch (RTB) or the Civil Resolution Tribunal (CRT). You can also find some BC Securities Commission enforcement orders, or orders from courts in other provinces or even the United States.

There is no way to tell what kind of order (e.g. a tenancy decision, a CRT decision, or a foreign court order) is being enforced until you click on the search result and see the file’s document list. Download and view the file containing the original order to know for sure.

The original order being enforced is often the only document available to download (especially if enforcement was granted without resistance). The resulting enforcement order from the court (e.g., certificate of judgement, garnishing order, writ of possession, etc.) is rarely available for download.

Tips:

• RTB enforcement cases can sometimes be linked back to the original reasons of the adjudicator if these ordered since December 2022 or more recently. When viewing the original order look for the anonymous decision ID which can be entered at https://tenancydispute.gov.bc.ca/PostedDecisions/
• CRT enforcement cases can sometimes be linked back to the original reasons of the adjudicating tribunal member. Search parties names (or try searching for the exact dollar amount of the claim being enforced) at https://decisions.civilresolutionbc.ca/crt/en/nav.do

Class: Bankruptcy

Most bankruptcies are administered through the Office of the Superintendent of Bankruptcy, and never result in a court file. When debtors, creditors or trustees need the court to get involved, however, claims under the federal Bankruptcy and Insolvency Act will typically result in a Supreme Court file being created with the Bankruptcy class assigned to it.

The CSO E-search list of results for bankruptcy files usually show the name of the trustee alongside the name of the debtor (the person or company facing bankruptcy). This makes it hard to search bankruptcy files by creditors’ names.

The documents available include a File Summary Report. Requisitions are commonly downloadable, but often contain very spare information. Notices of Application and Orders are also often available for download, and may contain more helpful information.

Class: Probate

After someone dies their estate’s representative will open a file in BC Supreme Court to obtain the necessary legal authorizations to handle the estate. The representative will seek an “estate grant” for their role. If there is a will, they will seek a Grant of Probate, and if there is not a will, they will seek a Grant of Administration. These kinds of files are called probate files, and the Probate class is given to them. (Note that one of the “Search Civil” options described above lets you specifically search for the name of a deceased person, weeding out people who are involved in probate files.)

Probate files on CSO reveal case basics, and will often show the names of those involved including counsel for the representative applicant or executor. However, downloadable documents tend to be even more limited than in classic civil litigation files.

Wills are not directly viewable as their own file. That said, a copy of the will is often attached to the Grant of Probate document. For probate files, this is frequently the only document available for digital viewing through CSO.

Class: Caveat

When searching CSO you may also see files with the “Caveat” class, which are created when someone with a role or interest in the estate (i.e., an executor, beneficiary, or potential beneficiary) files a Notice of Dispute in relation to a deceased person’s estate (the form used to be called a Caveat before 2014, which is why the class is named this way). The purpose of a caveat (now called a Notice of Dispute) is to oppose the validity of a will or to show that the person who files it disagrees with who should represent the deceased person and their estate.

Caveat files on CSO are quite limited. They do not contain electronic documents, but you can see the name of the disputant and often their lawyer’s name and contact information.

Class: Family Law Proceedings (and Divorce)

Technically, there are two separate classifications here (Divorce and Family Law Proceedings), and both apply to Supreme Court files, but access to family files of any sort is restricted. This is true whether you are using CSO or visiting the registry in person. Provincial Court family law files are not available on CSO and do not appear in results.

For Supreme Court family law matters, only the names of the parties, the dates the file was opened and last updated, the registry, and the file number will show up in a search. If you are a lawyer or one of the parties involved, you can access the files by visiting the registry in-person, or by creating your own CSO account and following the steps to request the files. However, Courthouse Libraries BC’s CSO E-search account cannot be used to do this.

Search Civil: File Viewing Tips 

• Get the File Summary Report: Despite the $6.00 tag, this is actually free to download using CLBC’s CSO account. Once you’ve selected to view a file, download the file summary report. This PDF will give an overview of what has happened in the case file, show the sequence of any hearings that were held and the terms of order (if any), and list all the case basics in one place. Each report generally includes sections such as “General File Details,” “Parties on File,” “Documents Filed,” “Hearing and Results,” and “Terms of Order.”
• Documents: Look for the tab that lists documents. Some documents will be available for download but a lot of the court file is not digitally stored. Affidavits and exhibits are never available using CSO (they contain too much personal information). For cases within the past 20 years, you usually see downloadable options for:
  • Pleadings (e.g., Petition, Notice of Claim, Response to Notice of Civil Claim, etc.)
    These critically important documents frame the position of the parties and reveal what the case is about.
  • Forms bringing or responding to applications (e.g., Notice of Application, Application Response, etc.)
    These are also critical documents, as court applications for procedural orders or interim relief make up a big part of an active case file.
  • Orders
    Orders are different from published reasons for judgment found on sites like CanLII. They contain the precise wording about what the court has decided (or what the parties have mutually agreed to by consent), what parties must do or pay, and the fate of the case.

Even if there is no option to download a document, click on its name and you may see court notes (if there are any) pertaining to that document that could provide useful information.

You can always create your own CSO account if you find a case and decide you’d like to request documents and pay the fee to do so.

• Hearing and Results: Under this tab, you will see details about any hearings and trials that may have happened, including unofficial terms of orders. Checking this is a quick way to see how active the parties were on the file.

Search Civil: Tips

E-search for civil matters presumes users know the name of a party in a case, the file number, or the approximate date the case was filed. You must enter one of these three things to use this method.

If you don’t have a specific case in mind, one workaround strategy is to use CanLII (www.canlii.org) to find reported BC cases that deal with a cause of action or legal issue you’re interested in. You can then cross-reference the file/docket number (near the top of the Reasons for Judgment), then find the court file using the File Number search option to look at the pleadings.

If you just want to explore and see what documents look like in certain classifications of case (e.g. small claims, probate files, etc.), a workaround is to just browse some. Start with a Party Name search, set match criteria to “Both”, and enter a common last name (“Lee”, “Wilson”, “Chan, “Gill”, etc.). Select “Use More Search Fields” to add a case classification, date, location, or court level filter.

2. Search Appeal

“Search Appeal” is good for locating and accessing records from the Court of Appeal in CSO. The section contains civil and criminal appeals cases, and gets you access to case details and court documents from the past 20 years. For cases older than 2004, however, you might see the names of the parties and the file numbers, but no option to click and see details or documents. 

The Search Appeal method provides two primary options for initiating a search:

• Search by Case Number: This option is only useful if you know the exact case you want to view. If you have the reasons for judgment in a case, enter the “docket number” (it’s at the top right). For most Court of Appeal cases, you can just enter the five-digit case number “XXXXX”.

• Search by Party Name: This option lets you see a list of appeal cases that match a name search. You can search for either:

1. A last name (you don’t have to supply a first name or initial); or
2. The name of an organization.

Unlike with the Search Civil option, you cannot search both individual and organizational names. You also cannot filter by date range.

You can, however, search civil and criminal appeals together in a single search. And you can instruct CSO to only show results where the name you entered appears in relation to a specific role (i.e., appellant, respondent, or intervenor), or for cases according to a specific status (i.e., active, closed, inactive, or stayed).

Search Appeal: File Viewing Tips

Once you have a list of appeal case search results, you can click on the case name to view various details and documents.

Get the Case Summary Report: Once you’ve selected to view a file, download the case summary report. The Court of Appeal case summaries have a consistent structure with sections like “Case Basics,” “Previous Courts,” “Parties on Case,” “Documents Filed,” and “Court Hearings and Results.”

3. Search Traffic/Criminal

Note: You can view case basics for these kinds of cases without a CSO account for free and from anywhere.

There is a lot of information in CSO for Provincial Court traffic and adult criminal matters. However, CSO contains no information about youth criminal matters, nor Supreme Court criminal proceedings involving adults.

• You can only search records by participants’ names, or if you know the court file number. There is no date range search.
• You can use the “Class” filter to limit results and only show criminal cases, or only show non-criminal offences.
• To search for people who have been charged with criminal offences in Provincial Court, select “Adult” under the “Class” option.
• For traffic and bylaw offences, select “Ticket (Traffic/Bylaw)”.

Search Traffic/Criminal: File Viewing Tips

While documents are not available for download in these cases, there can be extensive information under the following tabs:

• “Participants” – indicates the name and year of birth of the accused.
• “Charges” – lists the specific laws (statute and section) someone was charged under, including offence date and location.
• “Appearances” – offers a detailed list of dates, locations, and results for appearances that were made in court.
• “Sentences/Disp.” – lists the outcome of each charge. Be sure to click on the accused’s name to see the sentencing results, including fine, probation order, jail time, etc., and the quantum (i.e., amount of jail time or the dollar amount of a fine) of each sentence.

The post Why (And How) Is Free Access to CSO E-Search Useful? appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Unwritten Constitutionalism. By Maxime St-Hilaire, Ryan Alford & Kristopher Kinsinger, eds. Toronto: LexisNexis, 2023. xxxvi, 255 p. Includes tables of cases and index. ISBN 9780433528203 (softcover) $125.00. Reviewed by Melanie Bueckert Legal Research Counsel The papers in Unwritten Constitutionalism originated from The Unwritten Principle of Constitutionalism in Canadian Jurisprudence, the Runnymede Society’s March 2022 academic symposium, and were also published in volume 110 (2023) of the Supreme Court Law Review. Divided into four parts, the collection opens with a foreword by Justice Russell Brown (as he then was), one of the judges who wrote the majority decision in the 2021 constitutional law case involving the City of Toronto, discussed below. There is also a detailed table of contents, a table of cases, and an introduction written by editors Ryan Alford and Kristopher Kinsinger. Abstracts of each paper and a four-page index is also included. Part I, Unwritten Principles and the City of Toronto Ruling, contains three papers related to the Supreme Court’s decision in Toronto (City) v Ontario (Attorney General), 2021 SCC 34, which looked at the province of Ontario’s decision to enact legislation redrawing municipal electoral ward boundaries during an election campaign. Ryan Alford begins by emphasizing the importance of constitutional history in “An Oak Whose Leaf Fadeth: The Barrenness of Constitutionalism without Constitutional History.” Brian Bird and Kristopher Kinsinger next propose renaming and reframing unwritten constitutional principles as animating principles in “Constitutional Exegesis, Animating Principles and Toronto v. Ontario.” Finally, Vanessa MacDonnell and Philippe Lagassé discuss legal and political aspects of unwritten constitutional principles in “Investigating the Legal and Political Contours of Unwritten Constitutional Principles after City of Toronto.” [1] Part II, Constituent Power and Constitutional Amendment, contains two papers addressing constitutional amendment, both written by professors from outside Canada. Richard Albert from the University of Texas in Austin is Canadian and has published over 25 books on constitutional reform. His paper, “The Most Powerful Court in the World? Judicial Review of Constitutional Amendment in Canada,” focuses on the Supreme Court of Canada’s role in constitutional amendment. Yaniv Roznai, from the Harry Radzyner Law School in Israel, contributes “We the Limited People? On the People as a Constitutional Organ in Constitutional Amendments,” which discusses developments in Kenya, along with other comparative examples. Part III, Natural Law and Common Good Constitutionalism, contains three papers. The first, by Stéphane Sérafin, Kerry Sun, and Xavier Foccroulle Ménard, is “Notwithstanding Judicial Specification: The Notwithstanding Clause within a Juridical Order” and addresses the role of the Charter’s notwithstanding clause. Next, Michael Foran and Conor Casey provide a view from across the pond in “Constitutionalism and the Common Good: On the Role of Unwritten Principles.” Justice Peter Lauwers of the Court of Appeal of Ontario responds in the third paper in this section, “A Voice from the Attic: A Canadian Take on Common Good Constitutionalism,” offering several critiques of the concept. Finally, Part IV contains just one paper, a special comparative article by Matthew Harrington from the Université de Montréal, “Unwritten Principles and the American Constitution.” Given that this volume arose from an academic symposium, it is not difficult to understand why it tends to be fairly philosophical in tone. While it is rooted in the recent City of Toronto case, it extends its scope to weightier, more esoteric topics of constitutional and political theory. For those looking primarily for commentary on the Supreme Court’s decision, other options include various portions of Halsbury’s Laws of Canada, as well as constitutional and municipal law texts; in fact, as of December 2023, at least 30 pieces of commentary citing the case are freely available on CanLII, including The Canadian Constitutional Law Open Access Casebook.[2] For lawyers, judges, and scholars grappling with issues of constitutional interpretation, the papers in this volume may provide some additional tools and insights.[3] _____________ [1] For further commentary, readers can see Philippe Lagassé & Vanessa MacDonnell, “Writing Canada’s Political Constitution” (2023) 48:2 Queen’s LJ 1. [2] See also Robin Ketcheson, “Unwriting the Unwritten Principles of the Electoral System” (2022) 16 JPPL 265. [3] See also Léonid Sirota, “Purposivism, Textualism, and Originalism in Recent Cases on Charter Interpretation” (2021) 47:1 Queen’s LJ 78, 2021 CanLIIDocs 13940 (canlii.ca/t/7n6k5).

The post Book Review: Unwritten Constitutionalism appeared first on Slaw.

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Trouble with Big Data: How Datafication Displaces Cultural Practices. By Jennifer Emond, Nicola Horsley, Jörg Lehmann & Mike Priddy. London: Bloomsbury Academic, 2022. Includes index. ISBN 9781350239623 (hardcover) $143.95; ISBN 9781350239654 (eBook) Open Access. Reviewed by Brianna Storms Information Resources Librarian Queen’s University The authors of the open-access book The Trouble with Big Data: How Datafication Displaces Cultural Practices adopt a humanistic approach to analyzing the capabilities and limits of big data. They present their arguments and perspectives through a humanities and cultural studies lens and have a strong academic tone throughout. The book focuses on the findings of the Knowledge Complexity (KPLEX) Project, a multidisciplinary project to identify sources of miscommunication and misunderstanding of big data. These sources include issues surrounding language and discourse, the heterogeneity of definitions of data, and the tensions between data and narrative (p. 2). The authors encourage readers to reframe big data questions from issues related to data protection and abuse to questions “centred [on] the human experience” (p. 159). Chapter 2, “What do we mean when we talk about data?”, addresses the “linguistic slipperiness” (p. 26) of the term “big data.” It begins by introducing the human need for a metaphor to situate big data and technology within societal contexts. Big data is often described as a natural resource inextricably linked to being an “ephemeral, mobile, [and] invisible” commodity available to sell and trade for capitalist profits (p. 23). This context disassociates data from the human and cultural experience, displacing culture from datafication. This chapter also discusses data in relation to information and knowledge, as well as the inherent cultural biases that occur when viewing and interpreting data. The authors note that “the power of data is strongly, and perhaps ironically, linked to its context” (p. 33) and there is a need for both experts and citizens to be more aware of their knowledge environments. Chapter 3, “Making sense of big data,” provides an overview of the traditional yet ever-changing landscape of the humanistic research processes. The authors make an argument against the negative perception that humanistic research is “subjective, lacking rigour, or [is] even emotion-driven” (p. 45) and therefore less valuable compared to its data-driven counterpart. They note that it is the hermeneutic approach of humanistic research that ultimately creates knowledge. This chapter also describes the challenges humanistic researchers experience when conducting research, including when available information is fragmented or not discoverable due to digitization. Chapter 4, “Please mind the gap: The problems of information voids in the knowledge discovery process,” and Chapter 5, “Data incognita: How do data become hidden,” discuss “the dark side of discoverability” (p. 96). Noting that there is often a disconnect between the software creators and the users of aggregated search engines, such as Google, and there are intrinsic biases within these systems that threaten the maintenance and discoverability of humanistic resources, the authors provide an overview of factors that lead to data becoming hidden through digitization projects, including inconsistent description methods, a lack of material expertise, and legal restraints, such as privacy. They are optimistic that the risks related to the discoverability of cultural information can be mitigated with the inclusion of cultural heritage institutions as key partners in the development, management, and sharing of humanistic data and research infrastructures. In Chapter 6, “From obscure data to datafied obscurity: The invisibilities of datafication,” and Chapter 7, “Power through datafication,” the authors critically study the dominating influence big data has on our culture. Arguing that “deference to human reasoning is being displaced” (p. 105) and the “norms of datafication [are] pervad[ing] our approaches to every field of knowledge” (p. 106), the authors also warn of the increasing power asymmetries and inequalities of big data, where authority is “exerted in an opaque, algorithmically implemented way” (p. 152). To oppose the discourses of power over big data, they call for it to be treated as a public commodity and for it to stay in the public ownership, just as is the non-digital cultural commons. In the final chapter, “Expatriates in the land of data: Software tensions as a clash of culture,” the authors pose a series of humanistic and culturally framed questions to the reader related to the future of technology and big data. The authors also discuss software production as a culture in itself and reinforce the need for software production and datafication infrastructures to serve the public good. The Trouble with Big Data: How Datafication Displaces Cultural Practices references an impressive range of historical and contemporary examples and resources, making this text most appropriate for an academic audience. This book would be a useful addition to academic libraries that support programs and research related to the humanities and social sciences, digital humanities and digital cultures, information and library sciences, science and technology, and media studies.

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Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Standards for the Control of Algorithmic Bias: The Canadian Administrative Context. By Natalie Heisler & Maura R Grossman. Boca Raton, FL: CRC Press, 2024. 108 p. Includes bibliographic references and index. ISBN 9781032550220 (hardcover) $64.95; ISBN 9781003428602 (eBook) $24.95. Reviewed by Marnie Bailey Manager, Knowledge Services Fasken Martineau DuMoulin LLP Artificial intelligence (AI) is in the news everywhere you look, with a lot of talk about its ability to replace lawyers (and librarians!), or at least streamline simpler tasks, such as summarizing cases or articles. But what happens when AI moves into the realm of decision making? How can we ensure that there is no bias in the AI-based decisions? How do we protect human rights when there are no “humans” involved in making the decisions? In Standards for the Control of Algorithmic Bias: The Canadian Administrative Context, Natalie Heisler, Managing Director for Responsible AI at Accenture, and Maura R. Grossman, a research professor in the School of Computer Science at the University of Waterloo, review the precursors required to allow machine learning (ML) in automated decision making (ADM) in the administrative realm. They discuss the idea that many uses of ML ADM can cause more harm than good due to its potential for unjustified disparate impact; that is, disparate impact or unintentional discriminatory outcomes “for which no operational justification is given” (p. 3). The book comprises five chapters. In Chapter 1, the authors compare the application of the European Union’s proposed regulation for harmonised rules on AI under the Artificial Intelligence Act (Procedure 2021/0106/COD) with Canada’s Directive on Automated Decision-Making, which applies to federal administrative bodies possessing decision-making authority conferred by legislation regulating the rights, privileges, or interests of external clients. They then speak to the link between equality rights and ADM, using a case study from Wisconsin’s Correctional Offender Management Profiling for Alternative Sanctions (COMPAS). Used in sentencing since 2012, a later analysis of the COMPAS decisions determined racial disparities that the automated system was supposed to reduce. Longer sentences were found to have been given to Black offenders who were guilty of the same offenses as white offenders. The authors then examine how the legislation will hold up to judicial review. Currently, there is no precedent for ADM determinations, and the process for judicial review is slow. Compliance with standards will help mitigate the algorithmic bias in the programming of the ML ADM process. Heisler and Grossman go on to propose three dimensions of control: mitigation of the creation of biased predictions, evaluating predictions for influence of algorithmic bias, and measuring disparity. Chapter 2 speaks to the foundational principles of administrative law—transparency, deference, and proportionality—and discusses how they are equally important in ML ADM. The authors use a scenario to review ideas for data standards, such as construct validity, input data, knowledge limits, measurement validity, and accuracy of input data. They further discuss the standards for evaluation of predictions—namely, accuracy/uncertainty and individual fairness—and include a table of proposed standards. Chapter 3 talks about monitoring decisions as a requirement to determine how much, if any, discrimination is found in the automated decisions. Heisler and Grossman speak to the prima facie test for discrimination in the Supreme Court of Canada’s decision in Fraser v Canada (Attorney General), 2020 SCC 28 and talk about legislative and policy approaches to measuring disparity. They further discuss the types of disaggregated data required to ensure there is no discrimination in the decisions and provide a table of standards for measuring disparity. Chapter 4 provides an overview of the standards framework and consolidates the standards listed in the previous chapters. Heisler and Grossman discuss how to implement the standards and remind us that this is only part of an agency’s approach to ADM. Stakeholders, social scientists, ethics specialists, data scientists, and quality specialists, as well as legal and data privacy experts, should all be involved, as there is a need for broad and diverse perspectives when creating standards and measuring decisions. Chapter 5, the conclusion, speaks to the requirement of mitigating disparate impacts of ML ADM, reiterating that it must not infringe on human rights and that standards regulating these types of decisions must be created using both technological and legal perspectives. The quality of predictions must be the focus, and disparity in the ML ADM outcomes must be constantly measured and accounted for. Standards should also be made publicly available. The authors conclude that more study is needed before ML ADM is used. Standards for the Control of Algorithmic Bias: The Canadian Administrative Context is a concise text that speaks to the potential harms involved with ML ADM. The authors lay out a very logical and simple process that should be initiated prior to any decision making. Nine pages of bibliographic references to resources cited throughout are also included at the end of the book. I recommend this text to anyone interested in the ways AI can be used to automate decisions, particularly to those building the systems.

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