Shaunna Mireau on Canadian Legal Research

Tips on Canadian legal research from the Library at Field LLP.
Postings are those of the author and do not necessarily represent the firm.

June 25, 2008

Definition of persistence

Persistence, thy name is Senator Tommy Banks.

Those of you who attended the CALL/ACBD 2006 conference in Edmonton may remember Senator Banks' plenary session on a bill he introduced called: "An Act to repeal legislation that has not been brought into force within ten years of receiving royal assent"

This bill, originally introduced in the Senate on December 11, 2002 will finally become law on June 18, 2010.

Here is the path of this bill from LegisINFO:

39th Parliament - 2nd Session (Oct. 16, 2007 - )
S-207
An Act to repeal legislation that has not come into force within ten years of receiving royal assent(Statutes Repeal Act)
39th Parliament - 1st Session (April 3, 2006 - Sept. 14, 2007)
S-202
An Act to repeal legislation that has not come into force within ten years of receiving royal assent(Statutes Repeal Act)
38th Parliament - 1st Session (Oct. 4, 2004 - Nov. 29, 2005)
S-5
An Act to repeal legislation that has not come into force within ten years of receiving royal assent(Statutes Repeal Act)
37th Parliament - 3rd Session (Feb. 2, 2004 - May 23, 2004)
S-11
An Act to repeal legislation that has not come into force within ten years of receiving royal assent(Statutes Repeal Act)
37th Parliament - 2nd Session (Sept. 30, 2002 - Nov. 12, 2003)
S-12
An Act to repeal legislation that has not been brought into force within ten years of receiving royal assent(Statutes Repeal Act)

Yes - this did die on the order paper 4 times.

The concept of this legislation is that unproclaimed acts, if suddenly brought into force at a much later date than when the legislation was introduced could have a serious and negative impact on the act of today (as opposed to the act when the amendment was passed). This house cleaning law is a very interesting addition to our pantheon of legislation. I remind you of this list of statutes not in force that Senator Banks discussed at the conference

Congratulations Senator Banks.

June 16, 2008

Are we stupid?

Interesting link today on SLAW by Cecillia Tellis on Nicholas Carr's article "Is Google Making Us Stupid?"

I admit it. I don't read at work, I skim. Like many of you, I scroll through databases for nuggets of judicial wisdom. I plough through my RSS headlines, only gathering what seems relevant in the instant. I answer the buzz of my Blackberry with the unobtrusive, yet still public, glance. I Blink through much of my day.

I hope I am saved from getting stupid by the daily "practice being retired" novel reading and cappuccino habit that my husband and I enjoy every morning. Yay to the public libraries that feed my habit.