Bulletin #9
Canadian Committee for a neutral citation standard
Hello everyone,
[1] Today's' teleconference call was chaired by Daniel
Poulin, who opened the meeting by announcing QL Systems'
very generous financial contribution of 5,000 $ to the
Committee's work. Maria Cece was back with us, and all regulars
were on, except for Jennifer Jordan and Edna Brewster. The
McGill Law Journal was represented by Mr. Karlo Giannascoli.
[2] Version 1.2 of the working draft was unanimously and
quickly approved, after which section 4 of the working draft,
optional elements and other specific matters, was taken up.
[3] Proposal 4.2, on not providing information about the
hierarchical level of a tribunal, and proposal 4.3, on not
providing optional segments to specify the internal structure
of tribunals, were quickly approved, both deriving from the
already accepted principle of simply identifying a document
rather than attempting to also describe it (section 4.1 had
previously been replaced with section 2.1.2(ii)). Section 4.4,
on the reach of the standard and the inclusion of quasi-
judicial bodies, also met with the agreement that nothing special
should be done regarding quasi-judicial bodies, on the same
basis as the previous sections.
[4] A lengthy discussion followed on decision qualifiers,
section 4.5. Again, since the goal is to identify rather than
describe, it was agreed that only one qualifier should be used
to indicate that a document is a revision of an already
published document.
[5] On references to notes, section 4.6, it was agreed that
the letter "n" before the number of the note would indicate
that a note and not a paragraph is referred to. It was also
pointed out that notes are sometime numbered on a page basis,
footnotes numbering starting at one with each new page. Others
schemes were exposed. It was agreed that this is an issue
concerning the Standards for the Preparation, Distribution
and Citation of Canadian Judgements in Electronic Form, a.k.a the
Felsky Standard, that will undergo revision when the current
work on the citation standard is completed. The foreseen
recommendation would be to use a single numbering sequence
in a decision.
[6] Finally, section 4.7, on note-up possibilities, was
quickly disposed of, again on the principle of limiting the
standard to simply identifying decisions.
[7] The language issue was revisited and the subcommittee
proposal reconsidered in some detail. After some discussion,
the subcommittee proposal was adopted. To quote the previous
bulletin:
"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 judgements 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 judgement is in the official or majority
language of the jurisdiction."
Citations of judgements by courts of officially bilingual
jurisdictions would always carry a language code, because
even if all judgements are not initially published in both
languages, as only the Supreme Court does, a translation of a
judgement can always be issued latter. It was also agreed that
indication of language will be done through a suffix to the
ordinal number. A convincing argument in favour of that option
was that it would make the Canadian neutral citation more easily
understood in other countries liable to adopt the ABA proposal.
The standard text will explain in detail how the language issue
will be dealt with.
[8] Under Varia, it was mentioned that our citation standard
project is not on the agenda of the ACCA Conference at the end of
September. A strategy will have to be developed in that regard.
Ruth Rintoul also pointed out that if neutral citations are to
be attributed by tribunals, they will also have to attribute
case names. The CLIC style standard proposal was pronounced a
good starting point for future work on that issue, when the
decision preparation standard is opened again.
[9] A draft of the standard proper will soon be available
on our Web server for your review. The URL will be advertised
through this bulletin.
[10] The next conference call is planned for August 12,
a Wednesday, at 13h00 Montreal time, as always. If you plan not
to be able to participate, please let me know. You can e-mail
your comments on the standard text draft at your convenience.
[11] And as Daniel pointed out, I will soon be signing off
as secretary of the Committee, but will remain a member and thus
will be on the next conference call and beyond.
It's been a pleasure working with you all.
Yours truly,
Guy Huard
--
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