Bulletin #8



        Canadian Committee for a neutral citation standard





Hello everyone,



        We had 13 people on the call Wednesday; only Maria 

Cece of the Ontario Court of Appeal was unavailable. New

participants were Diane Hanson of the Law Society of New

Brunswick, Denis Le May of the Laval University Library,

and Paule Morissette, of the McGill Law Journal.



        After openings remarks, the conference president

pointed out that one item on the to do list from the previous

teleconference was still pending: writing a document on

the advantages of the standard for commercial law publishers.



        Daniel Boyer's report on the recent CALL convention

noted the extremely positive response to the report on our

Committee's activities, although at least one representative

of the legal publishing industry was less than enthusiastic

about our work. The Web site's URL was disseminated at large.

AALL (American Association of Law Libraires) representatives,

who where also at the Toronto summit last November, where

interested in the way the Committee has been able to organize

its work and want to follow our model for their own work on

authentication.



        Daniel Poulin, the Committee's co-ordinator, then

reviewed the work plan for the coming period until the target

ACCA (Association of Canadian Court Administrators) 

convention September 21-23. The next teleconference and last 

of the current series will be held July 9th and should enable 

us to conclude our work on the working draft. 

        The first version of the standard proper will then 

be drafted and ready for the Committee's review by August 7. 

It will also be submitted to the projects' sponsors, others 

having hopefully by then joined the Federal Dep't of Justice. 

A teleconference on August 19, less than two weeks latter, 

will enable us to further discuss this draft standard. The 

resulting version of the draft standard should be ready in 

time for the CBA (Canadian Bar Association) and FLSC 

(Federation of Law Societies of Canada) conventions in 

St-John, Nfld, August 23. From then on and including the 

ACCA convention the standard will be largely disseminated 

to legal documentation circles, including commercial 

publishers.



        Version 1.1 of the working draft was then commented.

Ruth Rintoul pointed out that it was inexact to say in section

2.1.3 that both language version have the same official status.

It is only true for the Supreme Court. For other tribunals, 

the translation of a judgment is noted as such and doesn't 

have the same status as the one in which judgment was 

rendered. Otherwise, a new proposal, 2.4.i, on separators, 

will replace question 2.3. Both modifications will be included

in version 1.2 of the working draft.



        The next item on the agenda was that of the language

issue and tribunal identifiers. The language issue in the

tribunal identifiers themselves has been dealt with by the

subcommittee and the result of their discussion posted on the

Citation list. Basically, identifiers in officially bilingual 

jurisdictions (federal courts and New Brunswick) should also 

be bilingual, joining identifiers in each official language 

by a separator. Citations of judgments by courts of these 

jurisdictions would always carry a language code. In other 

jurisdictions, that are unilingual, the tribunal identifiers

remain unilingual and no language code is necessary if the

judgment is in the official or majority language of the

jurisdiction.

        The Committee was pleased with the work already done, 

but some requested more time to think about it. It will be 

discussed further in the next teleconference, along with

proposals 2.1.2 (iii), on the use of existing standards 

and  2.2 (iv), on the location of the language code within 

the tribunal element.



        Section 3 of the working draft, the other main item

on the agenda was discussed next. Its section 3.1, the year

of the decision, 3.2, the tribunal identifier and 3.3, the 

ordinal number of the decision, where the object of heated 

debate. It boiled on to what to date and number, and how. 

        Some said all judgments, not only those by which a 

court closes a case but all intermediary judgments as well, 

should be numbered, while others said this, although desirable

in principle, would represent too heavy a workload. It was

stated, as a matter of principle in favour of the most 

inclusive option of numbering all decisions, that the 

editorial decision to eventually publish or not should be 

the court's. Since court circumstances and resources vary, 

it was finally decided to leave it to courts to decide. 

Martin Felsky proposed that a standard shouldn't have an 

economic obstacle making it inapplicable in all case, 

so our citation standard should recommend the numbering of 

all decisions when feasible, but it would be up to courts 

to see when they can implement such a recommendation. It 

should be noted here that this point should progressively 

become moot as courts adopt automatic management systems, 

as some have started doing already.

        Also, numbering doesn't have to be in compliance 

with the chronological order in which decisions are rendered. 

An oral decision that is written down latter on would get its 

citation when released in written form, the year being that 

of when it was first rendered, and the ordinal number the 

next available one in the series of that year.

        How to number judgments dealt with both tribunal

identifiers and numbering schemes. It was quickly agreed that

if the goal of the standard is to identify, it's not necessary

to add subdivision identifiers to tribunal elements. However, 

if a tribunal considers it necessary to mark a distinction 

between its subdivisions, that can be easily be done through a

numbering scheme. Also, a decentralized numbering scheme is

the solution for complex distributed tribunals. Proposal 3.1 

regarding the numbering of judgments is already worded to 

that effect.



        Finally, paragraph numbering was quickly dealt with.

The issue of what symbol to use to designate paragraph numbers

was denounced by Denis Le May as moot, since these numbers

would obviously be paragraph numbers in the first place. We'll

have to come back to this.



        Looking at section 4 that will be discussed next time,

it can be seen that question 4.2, on chambers, subdivisions

and judicial districts, has been answered. Also, section 2.1.3 on

treatment of language will be discussed some more on the

July 9 teleconference. It can also be seen from that the issue

of separator should have been kept for last and so will probably

have to be revisited, albeit briefly.



                                *****



        The above discussion on the standard is reflected in

the new version 1.2 of the working draft, soon to be posted 

on the Web site, by a number of modifications to version 1.1. 

        More specifically, section 2.1.3, on treatment of 

language, has been revised to more accurately reflect the 

reality of the official status of language versions, and a 

new proposal, 2.2(v), drafted to reflect the conclusions of 

the sub-committee on treatment of language. New proposal 

2.4(i), on separators, answers and replaces question 2.3. 

        New proposal 3.0, on the year of the decision, answers

and replaces question 3.1. New proposal 3.0(i), on the 

tribunal identifiers, replaces and answers question 2.1, 

reflecting work done by the sub-committee. Section 3.3, on 

the ordinal number of the decision, has been revised to 

reflects conclusions drawn in the teleconference, and new 

proposal 3.1(i) drafted to that effect. Question 3.2, on 

paragraph information, has been revised to reflect discussions,

but not replaced by a proposition, because some ambiguity 

on that issue remains.

        Section 4.3, on chambers, subdivisions and judicial

districts has been revised according to conclusions reported

above and new proposal 4.2 drafted to that effect to replace

question 4.2. Finally, new proposal 4.3 answers and replaces

question 4.5 to frame a proposal already in the text of 

section 4.6, on references to notes.



                                *****



        After this noteworthy writing effort, yours truly feels

taking a holiday is the reasonable thing to do, and so will be

out of reach until Monday July 6th, bright and early. 



        Regards to all.



        Guy





-- 

Guy Huard      huard@crdp.umontreal.ca

Editeur        LexUM

               Centre de Recherche en Droit Public

               Universite de Montreal

               http://www.lexum.umontreal.ca/



Tel: +1 (514) 343-7853

Fax: +1 (514) 343-7508