CALL member Marcelo Rodriguez, the Foreign, Comparative and International Law Librarian at the University of Arizona Law School in Tucson, Arizona, recently wrote an article on "Accessing, Documenting and Preserving Information on Ukraine". It originally appeared on Slaw.ca on March 30, 2022.
It is republished here with permission of the author.
I teach a class at the University of Arizona College of Law called, Foreign, Comparative and International Legal Research. In my class, I discuss with the students the different ways in which this type of advanced legal research is dependent on constantly moving variables and components.
Beyond a handout of the top five sources to consult, I instead strive to make the students understand that they need to create a research strategy, keep track of changes on foreign and international law, and consult a significant amount of non-legal information. All of this needs to be done while always evaluating sources of information and at times, in languages you’re not fluent in. I briefly touched upon these issues in my previous post on Nicaragua and Haiti.
When it comes to the current Russian invasion of Ukraine, there are three situations which I’m following very closely: accessing trustworthy information, documenting what is happening, and the preservation of information.
As a law librarian, these three situations all have a particular angle related to the law, namely accessing reliable legal and government information during war, documenting atrocities and potential war crimes in order to use this information as evidence in the future, and preservation of legal information in digital format which can be made available to everyone immediately as well as later on.
In this post, I will talk briefly about these three areas and enumerate several sources which can provide further information. As usual, I invite all readers to mention and share other relevant links or sources in the comments section.
In times of war, accessing information coming from reliable sources becomes literally a question of life or death. However, easily accessible online information in websites, news sources or in any social media platforms becomes a puzzle to decipher and in dire need of evaluation. If you have been following the Russian invasion of Ukraine on any platform, be it blogs, traditional media outlets or social media, you know that the information can be contradictory, incomplete and tainted with misinformation.
Beyond these challenges, there is also the risk of intentional spread of false information or disinformation and propaganda. Oksana Brui, Director of the Ukrainian Library Association alluded to this in a letter to the international librarianship community.
Furthermore, several Ukrainian government websites have been hacked to spread false information to the Ukrainian people. Despite these cyber attacks, the Ukrainian Government official page, and the State Service of Special Communications and Information Protection of Ukraine are both using their corresponding Twitter accounts to debunk false information as quickly as possible (i.e. https://twitter.com/Ukraine and https://twitter.com/dsszzi).
Official government publications such as Golos Ukrainy (the Voice of Ukraine), Ofitsiyny Visnyk Ukrainy (Official Reporter of Ukraine) and the Ukrainian Parliament’s legislation database are still functioning despite Russia’s attacks on internet infrastructure and service providers.
As a law librarian, my goal is to empower legal researchers to be able to evaluate sources themselves whether it’s a social media post, news article or any secondary source of information they come across.
This might sound easier said than done. But you’d be surprised how relatively easy it is to fall into the allure of a source that talks about exactly what you were looking for during a fast-changing situation and with emotions running high. I tell our researchers to keep it simple.
Whenever in doubt, ask yourself these three questions: Who? Why? When? First, who is writing this post, tweet, news article or any source? Do they have an expertise on the subject? Are they affiliated to a reputable institution? What gives them the authority to write about the topic on hand? Then, you need to consider why the author or contributor shared this information. And this is usually located in the “about us” or mission section of the website. Are they a company selling products and services? Are they affiliated to a large organization, political party or government? What drives them to share information? This will help you elucidate what are their intentions behind the information they share.
And last but not least, when was this information shared? You must be mindful not only about the date of when the tweet, post or article was written or shared. But also you need to know whether the information they describe is about a current event and if the videos and/or pictures accompanying the text are indeed from that said event.
Documenting information becomes critical when there is a need to provide future evidence of potential war crimes perpetrated during a conflict. There have been mentions of investigations on Russia’s invasion of Ukraine by both the International Court of Justice (ICJ) and the International Criminal Court (ICC), i.e. ICJ’s Ukraine v. Russian Federation and Statement of the ICC Prosecutor.
Furthermore, public prosecutor’s offices in Germany and Spain have both opened investigations on possible violations of international humanitarian law. In order to find and gather evidence, the Ukrainian Bar Association shared a call for all Ukrainians to use the well-known app, eyeWitness to Atrocities developed by the International Bar Association (IBA) in 2015. Since its inception, eyeWitness to Atrocities app has searched to make gathering evidence accessible to anyone with a smartphone.
Another excellent example of documenting and tracking potential war crimes is the UK-based, Centre for Information Resilience (CIR). They have created the Ukraine Monitoring Map, an open source crowdsourcing initiative to add and validate information as it takes place on the ground. They use geolocating information as well as help from actual Ukrainians in these places to confirm any discrepancies or fill any gaps in the data. This map and the information it has captured so far has helped provide an accurate picture of what’s taking place on the ground and combat misinformation. More than 600 videos or pictures have been collected and shared extensively on social media.
When it comes to preserving online information, the Internet Archive is an incredibly powerful tool. The Internet Archive through its Archive It feature has been at the forefront of documenting, archiving and preserving online information coming from diverse sources. The Archive It collections are able to catalog information with specific metadata which allows for evaluating sources and information and access it for research. For example, this is exactly what was done to preserve all information concerning the Maidan Revolution and Conflict in Ukraine in 2014.
These days, there are two main Archive It collections of importance to this topic. The first one called War in Ukraine: 2022 aims to archive websites from educational institutions, government agencies as well twitter accounts from important people. The Ukrainian Research Institute at Harvard University created the second account archiving several websites and social media accounts documenting Russia’s invasion and war on Ukraine.
Another excellent tool from the Internet Archive is its well-known Wayback Machine. At the time of writing, the overwhelming majority, if not all of the Ukrainian court websites are completely inaccessible.
To name a few, the following judicial websites have been completely taken down: Supreme Court, Unified State Register of Court Decisions, High Council of Justice, Kiev Court of Appeal, Administrative Courts and High Court of Arbitration. However, thanks to the Wayback Machine, we are able to access several previous iterations of these websites for consultation and research. For example, we are able to access the websites of those courts and judicial websites which are currently down: Supreme Court, Unified State Register of Court Decisions, High Council of Justice, Kiev Court of Appeal, Administrative Courts and High Court of Arbitration.
Finally, if you’d like to help or donate, I’d highly recommend you to consult these sources:
From time to time, this blog will highlight initiatives, ideas, or activities coming from members, committees or special interest groups (SIGs).
Today: An Update About Changement Strategies, by Michael McAlpine, Manager, Information, Research & Knowledge at Siskinds (London, Ontario)
The CALL Knowledge Management SIG met on March 29th to discuss change management strategies and project success and failures.
Starting with a review of the Kotter approach to leading change, the group then looked at an example of a knowledge project implementation that had some success and some failure and how it could have been improved through deliberate use of the Kotter model.
Following that the group had an open discussion about changes in their organization. Specifically members shared their experience in implementing and using a ticketing system to coordinate research requests and how these systems worked (or didn’t) as part of enterprise wide ticketing systems.
We also talked about DMS implementations and how roles are changing within organizations. Larger organizations have Change Management departments that are available as a resource enterprise wide while smaller organizations leave change management and planning to project or department managers.
The following announcement was distributed on the listserv of the Canadian Association of Law Libraries.
It is reproduced here with permission:
The Visible Minority Librarians of Canada (ViMLoC) Mentorship Program is now accepting applications for the 2022 session! This mentoring session will run from May 2nd to July 1st, 2022. To apply as a mentor or mentee, please fill out the mentor application form or mentee application form.
*** Applications will close on March 31, 2022 ***
About this program
The Visible Minority Librarians of Canada (ViMLoC) recognizes the need to help visible minority librarians, especially early career and new immigrant librarians, develop their professional careers, as well as the need to encourage and guide visible minority library students with career planning. Lack of mentorship is often cited as a challenge among visible minority librarians, and through our mentorship program, we found that small acts of mentorship were able to make an impact on our mentees. Applying for this program will help create a larger network of visible minority librarians and increase our representation in the library profession. The 2022 ViMLoC mentoring program will recruit experienced visible minority librarians as potential mentors, as well as facilitate the matching of potential mentors to mentees. ViMLoC membership is NOT required to participate in this program, however, you are encouraged to sign up for ViMLoC membership. Please visit our mentorship program page for more information.
Should I apply?
This program is open to visible minority librarians at all stages of their career, and visible minority library students. In Canada, the visible minority population consists mainly of the following groups: Chinese, South Asian, Black, Arab, West Asian, Filipino, Southeast Asian, Latin American, Japanese and Korean. Participants with the intersectionality of these backgrounds are welcome to apply. We need mentors with all kinds of experience and skills. In recognition of your contribution to the mentorship program, we would be happy to provide mentors with a reference letter.
Expectations
Applicants to the program are expected:
If you have any questions, please feel free to contact us at vimloc@gmail.com .
Dolores Noga, Manager, Library Services and Knowledge Management at McLennan Ross in Edmonton, is the Chair of the CALL/ACBD Scholarships & Awards Committee.
She would like CALL members to consider applying for the new Nancy McCormack Emerging Leader Award which honours the memory of a fellow CALL member who was the Head Law Librarian at Queen's University in Kingston.
Nancy died in 2019.
The award goes to an association member in good standing who is normally in the first ten years of their law library career and who has demonstrated the qualities embodied by Nancy.
The application deadline is April 1, 2022.
Here is what Dolores asked the blog to share:
The Canadian Association of Law Libraries recently unveiled criteria for the new Nancy McCormack Emerging Leader Award. This is a memorial award, intended to recognize and honour our former colleague, who dedicated considerable time to mentoring and encouraging others in the profession. Nancy McCormack was an active member of the Association and a committed contributor to the Canadian Law Library Review, preparing book reviews, writing articles, and served as editor and associate editor. She co-wrote The Practical Guide to Canadian Legal Research published in 2010 and revised in 2015, Updating Statutes and Regulations for All Canadian Jurisdictions published in 2012, Introduction to the Law & Legal System of Canada published in 2013, and The Annotated Federal Interpretation Act published in 2016. Nancy most recently edited the fifth edition of The Dictionary of Canadian Law published in 2020, a task described as ‘Herculean’. She taught Advanced Legal Research and Writing, Torts, and Legal Research and Writing. A search on HeinOnline provides reference to 52 articles written by Nancy. Nancy held a B.A., M.A., M.L.I.S., J.D., and LL.M. An issue of the Canadian Law Library Review, compiled after Nancy’s passing, provides the following comments from those who worked closely with her and knew her well: “incredibly generous in sharing her experience, knowledge, time”; “cared deeply about the people she taught and mentored”; “kind”; “encouraging”; and “supportive”, as examples. Nancy was the recipient of the Dennis Marshall Memorial Award for Excellence in Law Librarianship in 2014 and the Michael Silverstein Prize in 2018.
Hannah Steeves, the Instruction & Reference Librarian at the Sir James Dunn Law Library, Dalhousie University (Halifax), recently wrote an article on "Using Vinyl & Spotify to Understand Legal Information Online". It originally appeared on Slaw.ca on February 15, 2022.
Most legal research is done online through a combination of open and subscription databases. Legal information is available at our fingertips through Justice Laws, LEGISinfo, CanLII, Westlaw, Lexis, ProView, SOQUIJ, [insert your preferred database here], and the list goes on. The availability of electronic resources has radically changed—and will continue to change—the way legal professionals conduct research. However, despite my enthusiasm for the improved accessibility and retrievability, I think the lack of engagement that new legal researchers have with print resources creates comprehension issues. The disconnect between a source’s print and electronic formats reduces their understanding of the process used to create the document. Understanding this process helps us understand the organization of information and makes a researcher more efficient.
New legal researchers are often introduced directly to the electronic version of a source without fully understanding how it came to be. For example, a student might learn about legislation and be shown how to trace a legislative history using Justice Laws without ever interacting with the print, bound statutes. They are missing the benefits of seeing the tangible organization of annual, revised, and consolidated statutes. Another example is having a student use ProView without ever flipping through a physical binder and understanding how loose-leaf releases work. Although they know each source is unique, they all present approximately the same online.
Unfortunately, limited class time and COVID-19 have made it nearly impossible to get students into the library to conduct research with print sources. I try to grab print copies of case reporters, volumes of statutes, and loose-leafs to show students in person or on Zoom, but the effect is not the same as engaging with the print source directly. Instead, when I meet with students, I often see ~18 tabs open in their browsers with sites ranging from course materials, Google, CanLII, and their preferred subscription platform. They ask me, “Why does this have to be so complicated?” And they’re right! It does seem complicated, at first glance. If we had created these resources using our modern digital environment, they would be organized differently. Print established the rules, and the digital versions have been bound by them.
When I try to explain why the digital versions might seem unnecessarily complex, but that understanding how to use the print sources will improve their navigation of the digital versions, I use the following analogy.
First, assuming Spotify is the most common music app, I ask students whether they’re more likely to download/stream full albums or singles. Once they’ve answered, I explain that the point of this question is to determine that they understand that a single song is situated within an album—the album is a collection of songs.
Next, I ask if they know why artists produce albums. This one takes a bit of waiting, and in a classroom setting a music aficionado may bring up the concept album (and rightly so!), but usually there’s someone who knows that the standard album is a result of the time limitations set by vinyl, specifically the 33 rpm LP record. (Or maybe they Google it as I’m waiting for an answer—who am I to judge?) With a brief explanation, it becomes clear that vinyl restricted artists to around 44 minutes of playing time, and this explains the standard album format still used today.
The next step is to connect the persistence of the album through various eras of music. The album has survived the evolution of music distribution. Historically, it started with vinyl, but remained through transitions between audio cassette, the CD, through to the mp3. Today, although platforms like Spotify make it easy to release only singles, it is still commonplace to release albums, and we all understand how to navigate Spotify to download/stream singles and albums both. We understand how singles are situated within albums and how to use the information surrounding a single to identify coordinating information such as the artist and album. I try to link this back to citations for revised statutes or a case law reporter. Fortunately, I usually see some heads nod and, eventually, I even get a few students who ask to look at the print.
It’s not perfect, but my intention is to show the connection between tangible, physical forms of information and the digital adaptation. They can’t flip through hyperlinks, but hopefully understanding that the digital is trying to emulate the print’s pages, indexes, and volumes makes their navigation of the online version a bit easier to comprehend.
While access to legal journals in printed form is still desired, many have transitioned to a purely digital format. But what exactly does moving from print to digital entail? To better understand this process, I asked Susan Barker, retired law librarian from the University of Toronto and current acting editor of the Canadian Law Library Review (CLLR), about her experience when the publication took the leap to online-only in 2015.
1. What were the motivations for CLLR to go purely digital?
When I came on board as editor in 2013, the decision to go digital had been tentatively made by the executive and I was tasked with making it happen. My conjecture is that the executive decided that the time was right to go digital. Our sister law library associations in the U.S. and U.K. had begun to create digital versions of their publications and it made sense for us to keep up. The journal was also in need of a redesign, so it made sense to piggyback the redesign with moving away from print.
2. What were the biggest challenges and opportunities?
Some of the biggest challenges I faced involved logistics and reinvention.
It was important to learn all there was about policies, the publication regime, and what impact the changeover would have on our constituency, our external subscribers, and our advertisers.
Also, the decision to go digital coincided with a change to a new management team. With gaps in information and changes to a number of processes, I had to make decisions without always having the knowledge I needed at hand.
Despite the challenges, there were more opportunities that came with this change.
Budgetary: Going digital meant that the CLLR went from costing thousands of dollars per year for printing and mailing to making a profit.
Exposure: Going digital made it possible for the CLLR to become open access. We now have a broader readership.
Look and feel: Going digital gave us the opportunity to upgrade the look. The cost of printing in colour would have been prohibitive, but these costs didn’t matter in the purely digital environment.
3. What helped you the most during that transition?
What helped me most during the transition was my experience, support from the executive, technology, and institutional knowledge.
Experience: I had already had experience in transitioning the TALL Quarterly to digital.
Support from the executive: The executive was supportive and generally hands off for the practical stuff – like the design, format etc. However, we always made sure we had their backing for major policy decisions, like platforms, and going open access.
Technology: Technology was there and easy to use – using InDesign, the ISSUU platform, and Adobe made the technical part of this transition very straightforward.
Institutional knowledge: There were many long-term members of the editorial board, including two former editors, who were able to advise me and fill me in on the logistics.
4. Do you have any other thoughts about that experience?
One thing that made it easier was that the changes were made incrementally and so we were able to make sure one thing worked before moving on to the next. Step 1 was the redesign in 2013. Then we moved to providing a PDF version while still producing in print. Then the print was discontinued and a PDF link was provided to members on our website and we set up access via ISSUU. The next step was to discontinue the print entirely. Once digital – we were able to go open access, no longer limit our readership to members and paid subscribers (although we only had a few of those) and to adopt a Creative Commons license. Finally, our partnership with CanLII made true open access possible.
***
While this is just one example of a journal going from print to digital, there are some important considerations Susan mentioned that I think can be applied to anyone who might still be contemplating moving online.
Whether you prefer the traditional print reading experience, or think print journals are old-fashioned, the reality is that digital formats come with growing possibilities and the journal experience will continue into an increasingly digital future.
By: Susannah Tredwell, Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann, Instructional Librarian, Law Library, University of British Columbia
Since 1988, when CALL/ACBD’s Copyright Committee was first set up, CALL/ACBD has advocated for its members' interests in the area of copyright.
While the primary focus of CALL/ACBD’s copyright advocacy over the last few years has been on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole.
Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law will be representing CALL/ACBD and Library Futures.
This case addresses the question of how the concepts of “communication to the public by telecommunication” and “making available on demand” as used in the Copyright Act should be understood.
The outcome of this case has the potential to significantly impact various library activities, including controlled digital lending and possibly even the simple use of hyperlinks, particularly in light of the limited scope of current library and education exceptions in the Copyright Act.
CALL/ACBD's submitted that the court refrain from broadly construing the terms “making available” and “Communication to the Public by Telecommunication” and that s. 2.4(1.1) of the act ("Communication to the public by telecommunication") does not need to be understood as creating a new right.
You can find CALL/ACBD’s intervener's factum at https://www.scc-csc.ca/WebDocuments-DocumentsWeb/39418/FM050_Intervener_Canadian-Association-Law-Libraries-et-al.pdf. The other factums in this case are available at https://www.scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=39418.
CALL/ACBD has acted as an intervener at the Supreme Court of Canada on two other occasions.
In Keatley Surveying Ltd. v. Teranet Inc., which looked at Crown copyright, CALL/ACBD submitted that “s. 12 Crown copyright does not extend to primary sources of law”.
In York University v. Canadian Copyright Licensing Agency ("Access Copyright"), CALL/ACBD submitted that the SCC “should resist the temptation to modify or clarify the existing fair dealing test” stating that the existing test “is a flexible multifactorial test that allows libraries (and other institutions) to tailor access and appropriate copying policies that consider all relevant circumstances.”
CALL/ACBD also made submissions to the 2018 review of the Copyright Act, R.S.C. 1985, c. C-42: one general submission and one submission focussing on whether copyright subsisted in “primary law”. Kim Nayyer, then co-chair of the Copyright Committee, testified before the Standing Committee on Industry, Science and Technology regarding interlibrary loans, fair dealing, overriding licence provisions, and crown copyright.
Today: An Update About Web Tracking Tools, by Katie Thomas, Resource and Reference Librarian, Stikeman Elliott LLP (Toronto).
The CALL Knowledge Management SIG had a session on November 30th that looked at Web Tracking Tools.
There are a lot of website tracking tools out there so it helps to have a guide to get you started.
I based my presentation on the AALL Cool Tools (access only for attendees of American Association of Law Libraries 2021 conference) session where eight trackers were evaluated.
In our session I asked the participants to write down sites they would like to track and they were all different. So, there is a need!
First, what criteria should be used for evaluating?
It depends. Every workplace is different and different things needs to be monitored. However, there are three that stand out.
1. Ease of Use
2. Price
3. Collaboration
What to Track?
Any number of things to track. Depends what you want to track! Here’s some that are popular:
Prices (book, software, flights, stocks) Are they increasing / decreasing Text tracking Articles, preprints, legislation, case law, newspapers Competitors When does a competitor post commentary on a specific case Archiving Like Wayback, but you can customize for the websites you want
Features?
What do you want your tracker to do? Here are the popular features:
Summary of web tracking tools (using AALL Cool Tools session as a guide, July 2021)
CALL's Committee to Promote Research is looking for a new co-chair.
This is a great opportunity to expand your leadership skills and give back. New or experienced members are welcome to apply.
Contact Leslie.taylor AT queensu.ca or christine.brown AT ualberta.ca for more.
And since we are on the topic of research, the Committee invites members of CALL to apply for the CALL Research Grant. The application deadline is February 28, 2022. The Research Grant was established in 1996 to provide members with financial assistance to carry out research in areas of interest to members and to the association. Please refer to our Committee page for a copy of the application form and to view our collection of past research projects.
Le comité pour promouvoir la recherche de l'ACBD cherche quelqu'un qui voudrait servir comme co-président.e
Contactez Leslie.taylor @ queensu.ca ou christine.brown @ ualberta.ca pour de plus amples renseignements.
Et comme nous parlons justement de recherche, le comité invite les membres de l'association à présenter une demande pour obtenir une bourse de recherche de l'ACBD. La date d'échéance est le 28 février 2022.
La bourse de recherche de l’ACBD a été créée en 1996 afin d’offrir de l’aide financière aux membres pour effectuer des recherches sur des questions présentant un intérêt pour eux et pour l’Association.
Consultez la page du comité pour plus de détails et pour trouver le formulaire de demande de bourse (en anglais seulement).
We all have a few tricks up our sleeve when it comes to performing legal research. We sometimes share them with clients. And sometimes, we like to use those tricks to hunt down seemingly impossible to find material and wow them. Because nothing is “impossible” for law librarians.
The CALL blog has started a new regular series of research tips and tricks.
Please share your favourite or coolest strategies with Michel-Adrien Sheppard to have them published on the CALL blog.
Nous avons tous nos trucs favoris quand il s'agit de faire de la recherche juridique. Parfois, nous les partageons avec nos clients. Et parfois, nous aimons les épater en utilisant ces trucs et astuces pour mettre la main sur des informations apparemment impossibles à trouver. Car rien n’est « impossible » pour des bibliothécaires de droit.
Le blogue de l'ACBD a lancé une nouvelle série sur les trucs et astuces de recherche.
SVP partagez vos stratégies les plus intéressantes ou les plus « cool » avec Michel-Adrien Sheppard afin de les faire publier sur le blogue de CALL/ACBD.
Today: Finding Ministerial Orders by Susannah Tredwell, Manager of Library Services, DLA Piper (Canada) LLP in Vancouver (originally published November 24, 2021 on SlawTips.ca)
Ministerial Orders refer to orders “created under the authority granted to a minister under a statute or regulation that are made by a Minister” as opposed to Orders in Council which are issued by the Governor General of Canada or the Lieutenant Governor of a province.
For that reason it’s generally harder to find Ministerial Orders than Orders in Council, although this depends greatly on the province. Some provinces, such as British Columbia, make all their Ministerial Orders available in one place. For other jurisdictions you may have to look specifically at the Ministry’s website to find the order (e.g. Transport Canada provides its orders here: https://tc.canada.ca/en/ministerial-orders-interim-orders-directives-directions-response-letters.)
One thing to keep in mind is that, depending on the jurisdiction, the same number may be used for multiple Ministerial Orders. Drew Yewchuk gives an example in a blog post: “there is an M.O. 20/2020 from the Minister of Environment and Parks and an M.O. 20/2020 from the Minister of Justice.”
(And just to confuse the matter further, both Ministerial Orders and Orders in Council may also be regulations which involves another numbering system.)