[{"source":"Faculté de droit Travaux récents","description":"dc.contributor.author: Larochelle, Vincent dc.date.issued: 2026-10 dc.description.abstract: Ce mémoire analyse la politique linguistique canadienne à travers l’un de ses aspects fondamentaux, celui des langues officielles dans la fonction publique fédérale canadienne. En partant d’une mise en contexte historique couvrant la période allant de la Conquête anglaise à la Révolution tranquille, il rappelle d’abord le contexte social dans lequel évoluaient les Canadiens français et les Canadiens anglais, et auquel la politique linguistique canadienne était censée répondre. Pour évaluer l’efficacité de la politique linguistique canadienne, ce mémoire procède à une analyse inédite de la composition linguistique de la fonction publique canadienne au fil du temps. Cette analyse de données s’étalant sur plus de 50 ans révèle un double constat : si les fonctionnaires francophones sont désormais représentés à la hauteur du poids démographique qu’ils occupent dans la société canadienne, les postes français ont subi un effondrement de près de 70% entre 1973 et 2024, passant de 12,5% à seulement 3,2% de l’ensemble des postes, tandis que les postes anglais demeurent quasi-stables, ne perdant sur la même période que 3,1% de leurs effectifs. Dans une fonction publique censée être bilingue selon la Loi, il y a aujourd’hui 15 fois plus de postes anglais que de postes français. Il y a par ailleurs six fois moins de postes français dans la fonction publique fédérale canadienne que le poids réel des francophones au sein de la société canadienne. En outre, pour chaque poste anglais disponible pour un fonctionnaire anglophone, le fonctionnaire francophone a accès à 6 fois moins de postes français. Il en résulte que, comme jadis, l’anglais demeure la langue de travail nettement dominante de la fonction publique fédérale, tandis que le français continue d’être marginalisé, en contradiction avec certains des objectifs de la Loi sur les langues officielles.; This master’s thesis analyzes the Canadian language policy through one of its fundamental aspects, official languages within the Canadian federal public service. Starting with a historical overview spanning the period going from the English Conquest to the Quiet Revolution, it first recalls the social context in which French Canadians and English Canadians evolved, and to which the Canadian language policy was supposed to respond. In order to evaluate the effectiveness of the Canadian language policy, this thesis carries out an original analysis of the linguistic composition of the federal public service over time. This over 50-year data analysis reveals a dual finding: while francophone public servants are now represented in proportion to their demographic weight in Canadian society, french positions have collapsed by nearly 70% between 1973 and 2024, falling from 12.5% to only 3.2% of all positions, whereas English positions have remained nearly stable, losing only 3.1% of their share over the same period. In a public service that is supposed to be bilingual under the Act, there are today 15 times more English positions than French positions. Moreover, there are six times fewer French positions in the Canadian public service than the actual demographic weight of Francophones in the Canadian society. Furthermore, for every Anglophone public servant who obtains a position in their language, a Francophone public servant has 6 times fewer chances of obtaining a position in their language. As a result, as in the past, English remains the clearly dominant working language of the federal public service, while french continues to be marginalized, in contradiction with some of","id":3260041,"titre":"Le français dans la fonction publique fédérale","url":"https://hdl.handle.net/1866/46873","pubDate":"Tue, 03 Nov 2026 08:25:09 +0100"},{"id":3248553,"description":"KEY TAKEAWAYS The French high schooler-led uprising is not a sign of a generational struggle pitting the young against baby boomers. The uprisings indicate a state of discontentment reflecting three grievances: failings within the education system, eco-anxiety and concerns over employment in the age of AI. Far from demanding a break with the established order, young protesters are simply asking for the right to live a good and fair life... like their predecessors before them. Rarely has Freud’s Civilization and Its Discontents seemed so relevant to the times in which we are living. Although the discontents we are currently witnessing do not necessarily affect society as a whole, they are certainly impacting an entire generation born in the 21st century, as well as their parents and their social environment. Admittedly, we know that generations are not homogeneous and that any attempt to generalise is an oversimplification. Nevertheless, the high schoolers that are taking to the streets to protest in this day and age belong to a relatively homogeneous age cohort. You would be forgiven for thinking that the current unrest is the result of a clash of generations. From the outside, it is often viewed as a generational tug of war between a struggling young population and the rest: an aging but relatively prosperous Europe . Criticism is, without doubt, being directed at “baby-boomers” or those born during the thirty years following World War II (which were marked by economic prosperity and low unemployment, conditions that now seem a world away today). The problem lies elsewhere Nevertheless, this is not a generational conflict, and the fact that a substantial proportion of parents , as well as the majority of the population , share the students’ demands shows that the problem lies elsewhere. These demands are nothing new, and they help explain why many parents joined their children during the first demonstrations, along with teachers, to show their support over deteriorating conditions in high schools. The students and their initial demands were hijacked by more politically radical movements, some even revolutionary or anarchist, as well as opportunistic groups that took advantage of the disorder to loot shops and businesses, without any tangible political agenda. According to an official report dated October 14, 2026, “937 law enforcement officers, 248 students and 149 members of educational staff have been injured since the beginning of the high school student movement.” The demonstrations on October 18 resulted in more than 1,800 arrests . The proliferation of various groups with overlapping demands muddles the student movements’ original message, leaving us with little more than the smouldering remnants of a battlefield. Nevertheless, it is the central concerns of these students that I wish to explore here. Ultimately, this movement appears to lie at the intersection of several anxiety-inducing issues. Rather than speaking of a convergence of struggles, we should speak of a convergence of anxieties. Three sources of anxiety The movement appears to reflect the convergence of three factors that are also sources of concern: the perceived deterioration of public education ecological anxiety the new difficulties young people face in the labour market, particularly those associated with the development of artificial intelligence (AI). These three factors provide fertile ground for psychosocial anxiety. The high school students’ main demands appear legitimate and concern improving working conditions: replacing absent teachers, shortening excessively long school days, reducing the number of students per class, repairing and maintaining infrastructure, and improving or abolishing Parcoursup , the widely criticised higher education admissions platform that is often difficult to understand. These demands echo the broader perception that conditions in the French school system have deteriorated and that the system is relatively inefficient compared with those of neighbouring countries.","source":"The Conversation – Articles (FR)","pubDate":"Thu, 29 Oct 2026 07:58:22 +0100","titre":"France: three overlapping woes are fuelling a generation of discontent","url":"https://theconversation.com/france-three-overlapping-woes-are-fuelling-a-generation-of-discontent-295102"},{"pubDate":"Mon, 26 Oct 2026 07:55:48 +0100","url":"https://www.callacbd.ca/CALL-Blog/12854401","titre":"CALL Member Article: Gender Inclusivity in Canadian Legal Writing and Style Guides","source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","id":3241470,"description":"CALL member Dominique Garingan , Library Manager in the Calgary office of Parlee McLaws LLP, recently wrote an article on \" The Singular They: Gender Inclusivity in Canadian Legal Writing and Style Guides \" . It originally appeared on the website Notes Between Us on June 22, 2022 . It is reprinted here with permission. Language is a product of culture, and it is known that the English language lacks a singular pronoun that signifies the non-specific   he   or   she . Although at times unintentional, this singularity versus plurality of pronouns, coupled with gendered indicators, has helped entrench the binary perceptions of gender found in writing which we are now seeking to change.  The Department of Justice of Canada recently provided a   series of guidelines   on the use of gender-neutral language in a legislative context. These guidelines include as a recommendation the use of the singular   they   and its other grammatical forms ( them ,   themselves , and   their ) to refer to indefinite pronouns and singular nouns 1 . In addition, dictionaries such as the Oxford English Dictionary ( definition 2 | blog ), the Canadian Oxford Dictionary ( definition 3 ), the Cambridge Dictionary ( definition ) and the Merriam-Webster Dictionary ( definition | blog ) have acknowledged both the acceptability – and, for some, the controversy – of the singular   they. While there seems to be a growing acceptance towards gender inclusive and non-binary pronouns, this post seeks to explore an increasingly acknowledged yet still seemingly paradoxical entity in legal writing:   the singular   they . This post briefly investigates the use and acceptance or lack thereof of   they   as a singular pronoun through a review of a limited sample of Canadian legal research, writing, and style guides accessible to the writer. Although current writing practices on gender inclusivity may have since changed since the publication of these titles, this post hopes to assist writers, researchers, librarians, and information professionals by providing a non-exhaustive point-in-time review of Canadian legal writing references and help facilitate a turning point in the journey towards greater inclusivity in legal writing. The Literature Reviewed (in Reverse Order of Publication) Edward Berry,   Writing Reasons: A Handbook for Judges , 5th ed (Toronto: LexisNexis Canada, 2020).  In the sample of guides reviewed,   Writing Reasons   seemed to provide the most inclusive perspective in its instruction. It was somewhat refreshing to see a writing handbook for judges as being the most progressive in its recommendations, albeit also the most recently published. The guide contains a section entitled   Prejudicial Language   and provides a checklist for more inclusive strategies. (p 114-115) “Invite the parties to define their own identity” is first on the list. As an example, Berry notes that some people may prefer the gender neutral   Mx.   to   Mr.   or   Ms . “Be wary of personal pronouns” is also listed. Here, Berry states that those who don’t identify as male or female may prefer   they . Berry notes the acceptance of   they   as a singular pronoun. However, the"},{"titre":"Adapting the SALI Legal Taxonomy to the Canadian Environment","url":"https://www.callacbd.ca/CALL-Blog/12098999","pubDate":"Mon, 26 Oct 2026 07:55:47 +0100","description":"From time to time, this blog will highlight initiatives, ideas, or activities coming from members, committees or special interest groups (SIGs). Today: Adapting the SALI Taxonomy to the Canadian Legal Environment , b y Michael McAlpine , Manager, Information, Research & Knowledge at Siskinds (London, Ontario) On September 28 th , the Knowledge Management Special Interest Group of CALL met to discuss and learn about the Legal Matter Specification Standard developed by the SALI Alliance . The SALI Alliance (Standards Advancement for the Legal Industry) is a non-profit organization open to all stakeholders in the legal community. Members include law firms, companies, legal service providers, legal industry associations and academic institutions. Founding sponsors are the Legal Marketing Association (LMA) and the Association of Legal Administrators (ALA). Guest speaker Jim Hannigan spoke about the history of the taxonomy and the current uses of it in the legal industry. Michael McAlpine then discussed the work done by the SALI Canadian Working Group to adapt the taxonomy to the Canadian legal environment . There was a general discussion about the uses of the taxonomy and efforts to implement it in law firms. First released in 2019, the SALI taxonomy was developed in order to provide a standard method for describing legal matters and associated documents. Version 2.0 was released at the end of 2020 and represented a significant expansion of the code set. Organizations and individuals around the globe continue to contribute to its development and growth. The SALI taxonomy is extensible and can work in conjunction with other standards (eg, NAICS, UTBMS codes). SALI is an open, free and party neutral that can be used by law firms, vendors and others in the legal industry to ensure matters and documents are described consistently. SALI has been endorsed by several large law firms and by vendors such as Fastcase, NetDocuments and Reynen Court. Some of the core attributes of the current standard are: Area of Law: Each matter can be assigned a primary and secondary area of law. Primary areas include topics such as Corporate Law, Constitutional and Human Rights, Personal and Family Law, and Food and Drug Law. Secondary areas are more specific and include topics such as Corporate Governance, Accident Benefits Law, and Labour Law. Service: The Services attribute is a central feature of the taxonomy. Examples of services are Transaction, Advisory, or Dispute. Services provide more detail to a matter description than just relying solely on Area of Law. Player Role: The Role attribute is what makes SALI party neutral. Roles include Appellant, Respondent, Acquiror or Acquiree. Other attributes that can be used to describe a matter or client include Industry, Legal Entity, Location, or Trial Type. The KM SIG will next meet on November 30 th to discuss website monitoring applications. If you would like an invitation, please contact Michael","id":3241454,"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog"},{"pubDate":"Mon, 26 Oct 2026 07:55:47 +0100","titre":"Canadian Association of Law Libraries Intervention in Upcoming Supreme Court of Canada Copyright Case","url":"https://www.callacbd.ca/CALL-Blog/12242053","id":3241460,"description":"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