Featured Resource: McGill Guide

Are you working on your major paper?  Here’s a reminder of some legal citation resources available:

The Canadian Guide to Legal Citation, 9th ed (McGill Guide) is available online to all law students and faculty through Westlaw Next.

Westlaw next home page with an arrow pointing to McGill Guide tab

Queen’s Law Library has a helpful quick guide to McGill citation basics.

For a more automated process, check out citation management software, like Zotero, which has the 7th edition of the McGill Guide available. See our Zotero for law libguide and our recorded workshop on Zotero for more information.

As always, if you have any questions about legal citation or research in general, please reach out to the law librarians at lawref@uvic.ca.

 

Recorded Library Sessions for Upper Year and Graduate Students Available on New Libguide

A new library guide hosts recordings of select library sessions.  The library sessions on “Finding Scholarly Research in the Library” and “Citation Management Software” that were held for upper year law students and graduate students on the first week of March are now available on a library guide: https://libguides.uvic.ca/LawLibraryWorkshops

The guide includes the recorded sessions, the powerpoint slides of the sessions, and a feedback form about the sessions and about what sessions the library should offer in the future. We look forward to hearing your ideas!

Marginalia: Once Upon a Wish

text reads Marginalia Presents surrounded by drawn red and green flowers and a drawn unicorn with zebra stripes

Once Upon a Wish

Welcome to Marginalia.

While our stated goal is to keep everyone up to date with the services we provide at the circulation desk, the general idea is to present that information in a light-hearted, but relevant manner.

However, before we go any further the folks here at Marginalia would like to take this opportunity to wish Marisa Lousier the very best of luck with her new job up island. She will be missed.

In the meantime my friends, let’s all gather around the tele-prompter because in this edition of Marginalia, we’re going to tell you a post-pandemic fairy tale.

(Of course, this being a fairy tale, the story itself takes place somewhere in the immemorial mists of time)

It was the only family reunion that I’d been able to attend in person since my daughter’s wedding. More folks than anyone figured on showed up and the guests were spilling out of the house and into a very spacious backyard. When the obligatory greetings and seasonal salutations ran their course I finally met my grandchildren for the first time.

Hope was the oldest and she soon won me over with her lop-sided, gap-toothed smile. She had just turned six and was bored with the never-ending chatter about who did what, why, and when during the pandemic. All in all though, she was glad that it went away because being sick was no fun, and it meant that she could go outside and play with her friends again.

As she was reaching for my hand with hers, Hope told me in no uncertain terms that as her grandfather I was much better off listening to her than all those boring old Covid-19 stories the adults were wasting their time on in the kitchen.

She took her time to tell me a tale about an inquisitive, but quite friendly, unicorn that lived in the forest behind the house; a Cheshire cat that would only appear during the light of a full moon, and the grumpy old toad who ruled the small pond behind the barn with his long, sharp tongue. Once she told me all about her backyard friends, Hope looked up, tilted her head slightly to one side and asked me if I thought they were real. In return I told her about a black and white horse that would visit me when I was younger and how no one believed me either. She wanted to hear more about it, but my daughter interrupted to say that it was getting late. Taking advantage of the occasion, I asked if it would be okay if I read my new best friend a bedtime story.

Hope liked the idea as long as I promised to tell her all about what I did before the ‘flemdemic’ stopped the world because she was really, really tired of hearing about it. In return I agreed, but only if she would draw me a picture of her unicorn in return. She yawned her way around a freckled smile and agreed to my wish.

I told her that I had worked in a law library before I retired. Hope warmed to the idea because libraries had books and, as far as she was concerned, books had stories in them – and Hope was a big fan of books with stories in them. I tried to explain to her that we were an academic library and she probably wouldn’t be interested in the kind of material contained in our collection. She immediately challenged me on the idea, but once I mentioned that our shelves were stocked with books on property law, legal citations, and torts, she quickly changed her mind and wanted to know what anybody did for fun in our library.

I started by telling her about the respite room where folks could take a moment or two to rest if they were not feeling well or were just feeling the stress of life in general. Hope wanted to know what it was that made the room special. So I told her it had an easy chair, a small table to put your stuff on, and an adjustable bed. Much to my dismay as soon as I mentioned the bed Hope scrunched up her face, crossed her arms, and accused me of trying to trick her into going to sleep before she heard the rest of my story.

After assuring Hope that I wasn’t trying to pull a fast one, I told her about an adaptive technology room in the library that helped people to access information thanks to a variety of specially designed software. I described a machine that could convert text to speech for the visually challenged and a similar device that could do exactly the opposite. The room also had a flat-bed scanner which could be used to scan documents, and then transmit the information to an email address. Additionally, one of the computers had a dual screen monitor, while the room itself was equipped with height-adjustable chairs and desks for comfort and easy accessibility.

We also had a number of designated study spaces where law students could participate in online collaborations, client interviews and individual instruction. Hope liked that fact that they were called ‘Zoom’ rooms

I saved the relaxation station for last. Not surprisingly, Hope really, really liked the idea that people could just sit around a table in a library and colour, sketch, or just plain relax with some easy peasy jigsaw puzzles. In a last ditch effort to stay up a little bit longer, she wanted to know what kind of crayons we used, how much scrap paper we had, and if you had to be a certain age or height to use them (a recent trip to the midway left Hope rather unhappy with the carny who told her she was too small to ride the Ferris wheel on her birthday).

She attempted to smother another yawn while telling me that she liked the relaxation station the best because she could spend all her time there drawing and colouring.  As her eyes finally fluttered shut I leaned over and gave her a goodnight kiss.

Even though I had left for the airport long before she woke up, Hope had somehow managed to keep her end of the bargain. So you can imagine my surprise once I got home and found a large piece of coloured scrap paper hidden inside my flight bag.

I carefully unfolded what turned out to be a hand drawn picture of the horse from my childhood with the only difference being the number of stripes involved and the horn in the middle of her forehead.

Initially, her picture adorned my fridge door until I thought better of it and purchased a frame. Hope’s artwork now lives in a much more suitable location directly above the fireplace where it never fails to draw extensive praise from everyone who views it.

And with that in mind dear reader we bring our post-pandemic fairy tale to a close, but before we sign off you will be pleased to know that everyone involved lived happily ever after (including the animals).

As for the moral, all I can tell you is that a single wish has the potential to last a lifetime. For proof of this all you would need to do is listen to Hope’s younger siblings as they told the story about the friendly unicorn that lives in their grandfather’s house at each and every family reunion that followed.

 

The End

 

Prose: david eugene everard

Art: Acadia

Editorial Advice & Assistance:

Marisa Lousier & Michael Rheault​

John Borrows appointed an Officer of the Order of Canada

Congratulations John Borrows on being appointed an Officer of the Order of Canada!

A headshot of John Borrows

This honour recognizes Professor Borrows for his scholarly work on Indigenous rights and Indigenous legal traditions. Dr. Borrows is the co-founder of the joint degree program in Canadian Common law and Indigenous legal orders (JD/JID) at UVic. He is also the Canada Research Chair in Indigenous Law.

Below is a selection of publications by John Borrows that are accessible through the UVic Library:

  • John Borrows, Drawing Out Law: A Spirit’s Guide (Toronto, University of Toronto Press, 2010). Call number KIB190 B677 2010.  or online
  • John Borrows. Canada’s Indigenous Constitution (Toronto, University of Toronto Press, 2010). Call number KIB190 B673 2010 or online
  • John Borrows, Freedom and Indigenous Constitutionalism (Toronto, University of Toronto Press, 2016). Call number KIA20 C66B6738 2016  or online
  • John Borrows, Indigenous Law and Governance: Challenging Pre-contact and Post-contact Distinctions in Canadian Law (Montreal, Les Éditions Thémis, 2017). Call number KI270 B67 2017.
  • John Borrows, Recovering Canada: The Resurgence of Indigenous Law (Toronto, University of Toronto Press, 2002). Call number KE7709 B68 2002
  • Michael Asch, John Borrows, & James Tully, eds, Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teachings (Toronto: University of Toronto Press, 2018). Call number KIB530 R47 2018 or online
  • John Borrows & Michael Coyle, eds, The Right Relationship: Reimagining the Implementation of Historical Treaties (Toronto, University of Toronto Press, 2017). Call number KIB129 R54 2017
  • John Borrows, Seven Generations, Seven Teachings: Ending the Indian Act (West Vancouver, BC: National Centre for First Nations Governance, 2008). Electronic

Congratulations John!

 

New Manual to British Columbia Civil Litigation available on CanLII

Front cover of Manual to BC Civil Litigation, white text on red background, image of a forest
The CanLII Manual to British Columbia Civil Litigation is now available on CanLII.  It is a free and open resource on civil litigation in BC.  This is an excellent resource for law students, lawyers, legal professionals, and self-represented litigants.  The fact that it is openly accessible is a wonderful promotion of access to justice.
The Manual is comprised of three main parts:  the “Areas of Law Pathfinders”, which provides collections of resources on different areas of law; the “Guide to Civil Procedure at the Supreme Court of British Columbia” by the Courts Law Centre; and “Annotated BC Supreme Court Civil Rules and Court of Appeal Rules”.
See this post for a more detailed description of the Manual, and for a full list of the editors, authors, and contributors to the Manual: https://blog.canlii.org/2020/12/03/announcing-the-canlii-manual-to-british-columbia-civil-litigation-%f0%9f%8f%94%ef%b8%8f/

New updates to CanLII

CanLII logoCanLII is an excellent resource for freely accessible legislation and case law in Canada, as well as for secondary sources such as ebooks, law journal articles, and case comments.  CanLII has recently updated and added new features to enhance the user experience.
The key updates include:
·      Noting up has been improved! In addition to “blue jalapeños” symbols (which show which cases have the most discussion on the noted-up case), unfavourable mentions are now marked with a yellow jalapeño.
Screenshot of CanLII search of Delgamuukw case, showing yellow jalopeno unfavourable mentions.
·      Improvements in case history, where related cases, meaning those with “affirmed”, “reversed” or “varied” in the headnotes or footnotes are now added to the History tab.
·      There is now also more accurate hyperlinking to legislation mentioned in judgments.
·      Heatmaps are available for case law and now for legislation.  In the sidebar of a case or legislation, various shades of blue will show the sections that are most frequently cited.  The darkest blue corresponds to the most cited sections. Hovering over the colours in the sidebar will show a preview of the section, and the number of times it has been cited.
Screenshot of Delgamuukw case showing heatmap on sidebar
You can read the detailed blog post from CanLII on these newest updates and improvements: https://blog.canlii.org/2020/11/17/a-new-wave-of-improvements-on-canlii-%f0%9f%8c%8a/

Professor John Borrows awarded W. Wesley Pue Book Prize and Distinguished Alumni Award

The cover art of "Law's Indigenous Ethics" by John Books

Congratulations to Professor John Borrows for being awarded the Canadian Law and Society Association’s 2020 W. Wesley Pue Book Prize for his book “Law’s Indigenous Ethics”. The prize is awarded to the best book on law and society in the past year.  “Law’s Indigenous Ethics” is available in law library in print or online.

A headshot of John Borrows

 

Professor Borrows was also awarded the 2020 Distinguished Alumni Award by the University of Toronto Association of Geography Alumni.

 

Check out some more of Professor Borrows scholarship held in UVic Libraries Collections:

  • John Borrows, Drawing Out Law: A Spirit’s Guide (Toronto, University of Toronto Press, 2010). Call number KIB190 B677 2010.  or online
  • John Borrows. Canada’s Indigenous Constitution (Toronto, University of Toronto Press, 2010). Call number KIB190 B673 2010 or online
  • John Borrows, Freedom and Indigenous Constitutionalism (Toronto, University of Toronto Press, 2016). Call number KIA20 C66B6738 2016.
  • John Borrows, Indigenous Law and Governance: Challenging Pre-contact and Post-contact Distinctions in Canadian Law (Montreal, Les Éditions Thémis, 2017). Call number KI270 B67 2017.
  • John Borrows, Recovering Canada: The Resurgence of Indigenous Law (Toronto, University of Toronto Press, 2002). Call number KE7709 B68 2002
  • Michael Asch, John Borrows, & James Tully, eds, Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teachings (Toronto: University of Toronto Press, 2018). Call number KIB530 R47 2018
  • John Borrows & Michael Coyle, eds, The Right Relationship: Reimagining the Implementation of Historical Treaties (Toronto, University of Toronto Press, 2017). Call number KIB129 R54 2017
  • John Borrows, Seven Generations, Seven Teachings: Ending the Indian Act (West Vancouver, BC: National Centre for First Nations Governance, 2008). Electronic

Congratulations John!

Marginalia Presents: Tr13kaidekaphobia

 

Welcome to Marginalia.

While our stated goal is to keep everyone up to date with the services we provide here at the circulation desk, the general idea is to present that information in a light-hearted, but relevant manner.

With another Friday the 13th on the horizon the staff at Marginalia Presents thought it might be fun to take a quick look at the mystique surrounding the event.

Triskaidekaphobia means a fear, or avoidance, of the number 13. Isador Coriat apparently coined the term in his 1910 book Abnormal Psychology. He also published numerous articles on the subject, and was a founding member of Boston Psychoanalytic Society.

The idea itself has two main points of origin.  In Norse mythology, Loki arrives uninvited at a dinner party for 12 other gods in Valhalla and then tricks the blind god Hoor, a son of Odin and Frigga, into shooting (and subsequently killing) the noble Baldur with a poisoned arrow. However, the most well known version looks to Da Vinci’s late fifteenth century masterpiece The Last Supper with the idea that Judas was the 13th guest.

The number 13 has also been noted for its nonappearance. In some elevators the floor indicator will skip directly from 12 to 14. Many cruise liners do the same thing with their decks, and a few hotels, motels and inns avoid using it altogether.

On the other hand, some people simply dismiss the claim entirely. For example, Dan Marino, a NFL Hall of Fame quarterback, was the last Miami Dolphin player to wear 13 on a jersey before the the team retired the number, in his honour, back in 2003.

With that in mind, let’s switch over to a lucky number and take a look at seven things you can still do in the law library during the pandemic.

  1. Book a study space; email: loandesk@uvic.ca
  2. Re:Quest books and articles
  3. Send a print job: https://libguides.uvic.ca/technicalhelp/printing
  4. Order an Interlibrary Loan
  5. Access the McGill citation guide online (for registered law students via WestLaw)
  6. Tap into research help at lawref@uvic.ca
  7. Get free smiles from your friendly law library staff: anytime@glad to be of service.smile

Bonus Trivia: Did you know that paraskavedekatriaphobia is the term for those of us who have a phobia about Friday the 13th?​

Marginal Presents:

Text: david eugene everard

Editorial assistance and infinite patience: Marisa Lousier and Sarah Miller

Marginalia: Trick or Treat 2020

 

A pumpkin with a spider web woven on top. Text overtop says Marginalia Presents Trick or Treat 2020

Welcome children (of every age) to this year’s collection of ghastly stories and ghoulish puns all designed to raise the hair on the back of your dear old Uncle Phil’s large bald head.

For this edition of Marginalia we’re going to travel back in time and pay homage to the Halloween horror stories that appeared in those classic pulp magazines from the 1950’s, ‘60’s and ‘70’s. I don’t know about you, but I scoured the shelves at our local second hand shops for back issues of Black Cat, Creepy, and Tales From the Crypt, to name but a few. So grab your bargain basement broomsticks and let’s begin.

Greeting fellow gremlins, my name is Dr. Phil Graves and I’m honored to be your Halloween Horror Host for this especially spooky issue of Marginalia Presents.

 And what better way to start this smorgasbord of mouth-watering delights than with an appetizer that suits the season? 

 The only thing Peter ‘Pumpkin Head’ Punter liked better than Halloween was his mother’s home made pumpkin pie. So with that in mind, let’s steal a couple of shovels and dig into a tale called

The Pumpkin Patch

The clock struck the hour for the thirteenth time as he slid deeper into his dream. Peter knew he shouldn’t’ve done it, but it was far too late for that kind of thinking now. Scared and uncertain, he wrapped a bed sheet around his shivering body and listened while the cold, barren wind knocked relentlessly on his bedroom window. Meanwhile, a menacing series of obscure shadows reached into his room and warned him about the unspeakable horror that was waiting for him on the other side of midnight.

Peter knew he was dreaming, but there was nothing he could do about it — and the harder he tried to wake up the further he slipped back into the restless abyss. Suddenly, a sound unlike anything he had ever heard in his life emerged from the pumpkin patch just outside his bedroom. He turned his head to one side and listened carefully. What he heard was the sickening sound of the garden’s former occupants escaping from their tangled roots.

Methodically, the oblong orbs worked their way past the leafless Garry Oak tree with its thin, gnarled branches pointing the way. As they approached the house itself, Peter nervously glanced out the window and noticed how closely the faces carved into each and every pumpkin resembled the alarming images found in the latest edition of his favorite horror magazine.

If only he hadn’t done it. Even his mother warned him not to, but that didn’t stop him.

Eventually, the room started to shrink and the walls turned themselves inside out as the home grown anomalies began to talk to him.

“She told you not to, didn’t she young Jack? She told you right to your face while you were in the kitchen helping her with the Halloween treats didn’t she, but you just couldn’t be bothered to listen to her could you?”, they chanted over and over again.

The round orange army marched to the back door, entered via the mudroom, turned left at the broom closet, and arrived at his unlocked door. Peter desperately tried to wake up, or at least force a scream past his trembling lips, but all he could manage was a silent stage whisper. The wide, hideous faces of the gathering masses accused him over and over of the crime he had committed, but nothing could save him now unless he could find a way to wake up!!!

Fighting through the unrelenting grip of his nightmare Peter reached for a bedside flashlight and tried to turn it on. It flicked once, then twice, and then crashed to the floor as he found himself back in the horrifying dream that was still unfolding in front of his half closed eyes.

No matter what he did the dream refused to concede. He tried again and again to call for help, but his mouth just wouldn’t obey. And right when he thought he was never going to wake up again he felt something grab him.

By the time the last gasp had faded from his frozen throat Peter realized that it was his mother who was holding him. He drew a long, deep breath and looked around the room.

Thankfully, everything appeared to be normal again. When he tried to tell his mother about the dream, she ran a hand across his sweat soaked brow and suggested that next time she baked a pumpkin pie he should probably wait until she put it into the oven before eating it.

The next day, he ventured out into the garden wanting to apologize for his actions only to find that each and every pumpkin in the patch now had an image of Peter’s face carved into them.

And while you’re still digesting that delicious story, we have just enough time left for one last terrifying tale.

 Oddly enough, right across the street from Peter’s favorite pumpkin patch was an old haunted house, but, as you’ll soon see, neither the squeaky steps, widow’s walk, or permanently drawn curtains, ever stopped kids from asking the old woman who lived there for a treat on All Hallows Eve. Besides, what could be more fun than a Halloween story that reaches deep into Uncle Phil’s Gigantic Grab-Bag of Gags and Groaners?

Knock-Knock

Her house was the one place everyone went on to Halloween night because the old woman who lived in it also owned the ‘Sweet Treats Sugar Shoppe’ on Main Street. So it only figured that she would be handing out the best candy in town, but there was a catch (because there’s always a catch when you’re a kid). In order to get a treat you had to tell her a knock-knock joke she had never heard before.

Not knowing where to start I went with an old classic:

“Knock-Knock!

Who’s there?

Ice Cream.

Ice cream who?

Ice cream every time I see a ghost!”

“Young man, that’s older than I am – and I was around when Mayor Fillmore Crypts opened his first Memorial Cemetery, she said while looking through a set of ornate glasses that only maintained their precarious position on her long, thin nose because of an oversized wart, “but I like you kid, so I’ll give you two more chances.”

Of course I tried again, I mean, after all, she owned a candy store.

“Knock-Knock”

Who’s there?

Boo.

Boo who?

Don’t cry lady, it’s only a Halloween costume!”

“Sonny”, she said, “that joke is older than the first one – you only have one more try left so make it good!”

So, I gave it my best shot.

“Knock-Knock!

Who’s there?

Zombies.

Zombies who?

Zombies make honey, Zombies don’t!”

The old woman smiled, adjusted her glasses, and said that I deserved something for the effort. She reached into the smoldering cauldron that guarded her doorway and removed three individually wrapped, apple shaped treats. I watched anxiously as she slipped them in my pillowcase, taking careful note of what colour the foil was. As I turned to leave she suggested that if I came prepared next year I might get a better treat.

I really wanted to reach right in and pull one of those treats out of my bag to see what it was, but in our house the Halloween rule maintained that you couldn’t touch your candy until you got home.

Once I was finally inside our house I dumped my treasure onto the living room floor. I couldn’t locate the old woman’s candies right away because I was too busy sorting everything out for later (the other rule was I could enjoy a few treats that night, take a handful with me to school the next day, but I had to leave the rest for mom to dole the rest out as she saw fit).

Between the cracker jacks and licorice sticks one of the old woman’s apple shaped offerings finally found its way into my hand. I started to unwrap it before changing my mind and giving it to my mother. A moment or two later, she asked if I had opened anything else from the same woman who gave me the other two items. I reached for them and found that the wrapping on each one was inscribed with a different Knock-Knock joke.

While, it certainly looks to me like the old woman had an interesting way of handling the gremlins who came to her house on Halloween in search of a ‘Sweet Treat’ from the ‘Sugar Shoppe’. I can’t wait to see what she has store for our young lad next year. As for you dear reader, here’s one last knock-knock joke that’s sure to please.

 “Knock-Knock!

Who’s there?

Gladys.

Gladys who?

Gladys is my last Halloween Knock-Knock joke?”

 

Well that’s it for this year my fellow fiends, but don’t forget to join us next time when Dr. Phil Graves will drop by The Dead Letter Office and post some truly eerie offerings for your stamp of approval.

 

This edition of Marginalia was stitched together by your local, neighbourhood Skeleton Crew.

Spooky stories: david ‘grave-digger’ everard

Creepy pictures and art direction: Paul Totzke

Eerie editorial assistance and advice: the usual suspects

Horror host: Dr. Phil Graves

Our Sponsor: The Fillmore Crypts Memorial Cemetery. Where the motto is, ‘You’ll Dig Our Plots – or Die Trying’.​