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