Canadian rhapsody: Copyright law and research libraries

This article considers the ground-breaking Supreme Court of Canada decision in The Law Society of Upper Canada v CCH Canadian Limited. The matter involved legal publishers bringing an action for copyright infringement against the Law Society of Upper Canada for operating a photocopy and custom copy service at the Great Library of Osgoode Hall. The Supreme Court of Canada decision laid down important precedents in relation to originality, authorisation, and the defence of fair dealing. The ruling has been hailed as ’one of the strongest pro-user rights decisions from any high court in the world, showing what it means to do more than pay mere lip service to balance in copyright'. This decision will have important implications for the regulation of new technologies. The approach has been applied in two decisions dealing copyright law and the Internet - the Canadian Federal Court case of BMG Canada v John Doe, and the Supreme Court of Canada ’Tariff 22' case. The Supreme Court of Canada decision in The Law Society of Upper Canada v CCH Canadian Limited provides an impetus to reconsider the judicial interpretation of user rights in Australian jurisprudence.

Military Appointment

George Ridout (1791-1871) was a member of the York volunteers during the War of 1812. He served as 3rd lieutenant in the grenadier company of the York militia, fought in the Battle of Queenston Heights, and was taken prisoner of war in April, 1813 when the Americans occupied York. Ridout studied law, and was admitted to the bar in Janurary 1813. He was an active member of the Law Society of Upper Canada, becoming a bencher in 1820, serving as treasurer for several years, and assisting in the development of the library. In 1828 he was appointed judge of the Niagara District Court and reappointed in 1832. In 1836, Sir Francis Bond Head, Lieutenant-Governor, charged Ridout with insult to the person and office of the Lieutenant Governor and disloyalty to the policies of the crown, and dismissed him from his offices. Ridout denied the charges and was eventually ordered to be reinstated by Lord Glenelg, the colonial secretary. Sir Francis Bond Head refused to do so, and instead chose to resign.

The Gentleman's Magazine and Historical Chronicle - 1812 December

*Pages 497-504 are duplicated. Please check both November and December for these pages listed in the Index. Specific pages related to the War of 1812 include: Page 574: Battles at Fort Michilimackinac and the Invasion of Upper Canada by the Americans on October 12, 1812. Pages 576, 577, 578: Intelligence from Major General Sir Isaac Brock with mentions of the battles of Fort Detroit, Amherstburg, etc. Click on the pdf links to the right to view the monthly issue. The Gentleman's Magazine and Historical Chronicle was a monthly periodical published in England during the years of 1736-1833. The volumes of interest from 1812-1815 were written and compiled by Sylvanus Urban, Gentleman. These volumes were printed in London by Nichols, Son and Bentley at Cicero's Head, Red Lion Passage and Fleet Street. The magazine contains accounts of important historical events, letters from noted figures, articles on geography, biographical entries for prominent people, poems, reviews of books and more.

Independent Chronicle Vol. XLIV No. 3,273- August 24, 1812

A semi-weekly paper that was published from 1801 to 1817. It was previously called the Independent chronicle and the universal advertiser, and was later the Independent chronicle and Boston patriot (Semiweekly). Publishers were Abijah Adams and Ebenezer Rhoades. Topics of interest in this issue include: Page 1: notice from the U.S. War Department seeking proposals for the supply of rations to troops; essay in support of the war; U.S. Secretary of War requests that the Governor of Maryland order 350 militia into active service; statement from the Convention of Republican Delegates in New Jersey in support of the war; statement from U.S. President James Madison in support of the war; statement from Maj. Gen. Isaac Brock to residents of Upper Canada urging their support in the war; U.S. Secretary of war sends 1,500 reinforcement troops to Detroit; Page 2: account from U.S. Gen. Hull of a battle near Fort Malden and news of troops in other areas; editorial against the British alliance with the Indians; letter from a U.S. Officer describing military gains near Detroit; news of U.S. infantry marching from Forts Independence and Warren to Albany, N.Y.; Page 3: news of British cargo ships captured by U.S. ships; 2 reward notices for the return of deserters from the military; report of possible 60 day armistice ratified by James Madison; Page 4: notice to British subjects living in Massachusetts that they must report themselves to the marshall; 2 reward notices for return of deserters from the military;

Sir Isaac Brock Commemorative Half-Penny Token

Half-penny token struck for general circulation in Upper Canada, about 1816. The token is one of a few issues which commemorate Sir Issac Brock. The name Brock is misspelled "Brook" on this token. The other side bears the picture of a sailing vessel and the motto "Success to the Commerce of Upper Canada".

Esther Summers Niagara militia collection,

Butler's Rangers were disbanded in 1784. In 1788, British officials organized the Nassau Militia. Nassau was one of the Districts of Upper Canada, Niagara being only part of the district. The Nassau Militia was a military presence from 1788-1793. With the reorganization of the province into sixteen counties in 1792, Lincoln County (with 20 townships) came into existence. The militia was renamed as the Lincoln Militia. At the outbreak of the War of 1812, the Lincoln Militia was organized into five regiments. Later, members of the Lincoln Militia were called out for duty to track and subdue insurgents during the 1837 Rebellions. In 1846, Lincoln County divided into Lincoln and Welland counties, and militia regiments were reformed. This changed many times until 1936 when they became known as The Lincoln and Welland Regiment.

Niagara Falls Suspension Bridge Company fonds, 1875-1876, 1878, 1884

In 1846, the governments of Upper Canada and the State of New York initiated the creation of two companies that would be authorized to build a bridge over the Niagara River. The bridge was to be owned by both companies, respectively known as the Niagara Falls Suspension Bridge Company (Canadian) and the International Bridge Company (American). A suspension bridge was completed in 1848. This bridge was later replaced by a second suspension bridge that accommodated railways, built in 1853-54. However, the increasing weight of trains made it necessary for the bridge to be redesigned, and a third bridge was completed in 1886. Eventually, this bridge was replaced by a steel arch bridge, which was completed in 1897.

Militia General Orders, December 2, 1814.

Colley Lyons Lucas Foster (1778-1843) was a militia officer who served in England, Ireland, Jamaica and Upper Canada. He served as aide-de-camp to Lieutenant-General Gordon Drummond in Ireland, and in 1813 accompanied Drummond to his new post in Upper Canada. In February of 1814, Foster was appointed Adjutant General of the Upper Canadian militia. After the war, Foster resigned from his position and moved to Quebec. In 1816, he became Assistant Adjutant General to the regular forces in Upper Canada and remained in this position until his death in 1843. During the rebellion in Upper Canada in 1837, Foster was instrumental in organizing a guard composed of citizens of Toronto. When Sir Francis Bond Head, Lieutenant-Governor of Upper Canada, resigned his post in January 1838, Foster commanded both the militia and regular forces in Upper Canada until the arrival of Major-General Sir George Arthur in March of 1838.

Letters to Secretary General Drummond from Thomas Scott, July 1814

Thomas Scott (1746-1824) was a politician and judge originally from Scotland. He came to Canada in 1800 after accepting the appointment of Attorney General of Upper Canada, and in 1806 was promoted to Chief Justice of Upper Canada. The declaration of war in 1812 brought into question the loyalty of the colony’s population, who were largely born in America. As concerns over allegiance intensified, the government sought out traitors in an attempt to make an example of them and deter others. The subsequent trials of citizens accused of treason resulted in 15 convictions, including Jacob Overholser. These trials were intended to assert the authority of the state, but also to demonstrate clemency. Only 8 of the convicts were executed, with the rest being banished from the colony. Scott supported these measures, although they were largely initiated by Attorney General John Beverly Robinson. Thomas Scott retired in 1816 and died in 1824.

Letter to Mr. Walsh, Registrar Office, 1836

The man to whom the letter is addressed is Francis Leigh Walsh who was a land surveyor and registrar. Mr. Walsh was born on March 12, 1789 in Harford County, Maryland to Thomas Welsh, a United Empire Loyalist. In 1793, his family moved to Norfolk County and in 1810, Francis succeeded his father as registrar for Norfolk County. During the War of 1812 he served in the local militia and became a captain in 1824. He was the representative for Norfolk in the legislative assembly of Upper Canada from 1820 to 1828 and 1834 to 1836. He became justice of the peace in the London district in 1821 and 1838 in the Talbot district. He died in Simcoe on Oct. 14th, 1884. His son, Aquila Walsh served in the Legislative Assembly of the Province of Canada and in the Canadian House of Commons. Benjamin Hardison was born in Berwick in the Thirteen Colonies (British colonies on the Atlantic Coast of North America) on April 2, 1757 to Thomas Hardison and Mary Chadbourne. He was a farmer, miller and political figure. He was the representative for 4th Lincoln and Norfolk in the Legislative Assembly of Upper Canada from 1797-1800. On January 21, 1800 he married Jane Warren. He served with the American forces during the American Revolution at which time he was taken prisoner and sent to Canada. Later, he settled in Fort Erie where he was a captain in the militia and a justice of the peace for the Niagara district. He operated mills and a distillery in Fort Erie and died there on July 26, 1823. Source: http://en.vionto.com/show/me/Francis+Leigh+Walsh http://en.wikipedia.org/wiki/Benjamin_Hardison

Letters to the Honourable John H. Dunn, 1837-1838

The recipient of the letters is John Henry Dunn who was born on St. Helena (a British territory island of volcanic origin located in the South Atlantic Ocean) in 1792 to John Charles Dunn and Elizabeth Bazette. He was married to Charlotte Roberts on May 4th, 1820 and they had 6 sons and 2 daughters. He came to Canada in 1820 in which year he became the Receiver General for Canada. He held this position until 1841.Charlotte died in 1835. In 1822 he was named to the Province’s Legislative Council. He was president of the Welland Canal Company from 1825-1833. In 1836 he was named to the executive council of Upper Canada but resigned 3 weeks later with fellow counselors when lieutenant governor Sir Francis Bond refused the advice of the council. Dunn was made the Receiver General for the newly formed Province of Canada in 1841, and was elected to represent Toronto in the legislative assembly that year. He married his second wife on March 9th, 1842. Her name was Sophie-Louise Juchereau Duchsnay. They had a son and a daughter. In 1843 he resigned, and was not re-elected in 1844. He returned to England with his family and died in London on April 21, 1854. Dunn was a supporter of the Welland Canal, St. Lawrence Canals and other public improvements. Between the passage of the Canada Trade Act and the Act of the Union he had tried to insure that projects received funding despite financial constraints. He claimed that he has saved Upper Canada from bankruptcy. His son, Alexander Roberts Dunn received the Victoria Cross for his role in the Charge of the Light Brigade at Balaclava. Dunn Street in Niagara Falls is named after John Henry Dunn. The town and township of Dunnville were also named for him. Sources: http://biographi.ca/009004-119.01-e.php?id_nbr=3889 http://www.niagarafrontier.com/cityfalls.html

Pro Bono Publico, poem, n.d.

The poem is unsigned and is not divided into stanzas. It mentions General Brock, General Dearborn, Sir Peregrine, Fort George and the militia men of Lincoln. General Isaac Brock was a British Army officer and administrator who was promoted to Major General. He was responsible for defending Upper Canada against the United States. He died at the Battle of Queenston Heights during the War of 1812. In 1812, Dearborn was in charge of the northeastern sector from Niagara to the New England coast in his role as senior Major General of the U.S. Army. Dearborn proved that he was neither psychologically nor physically fit enough to take control. He tried to persuade New England governors to allow their militia to be used to invade Canada. He was not successful in his quest and no major offensive was launched against Lower Canada. Sir Peregrine probably refers to Sir Peregrine Maitland who was appointed as the Lieutenant Governor of Upper Canada in 1818. Fort George is located in Niagara-on-the-Lake, Ontario. It was the site of several battles during the War of 1812. The Lincoln Militia fought in battles on the Niagara Peninsula and the eastern shores of the Niagara River in the War of 1812.

Colin Duquemin fonds, 1935, 1968-2001, n.d.

Colin Duquemin was born in 1932 in Guernsey, British Channel Islands, and came to Canada as a young adult. He attended McMaster University (B.A.), the University of Toronto (B.Ed.), the State University of New York at Buffalo (M.A.) and the University of London, London, England (M.Sc.). He began his career as a tea taster and tea buyer in Colombo, Ceylon (Sri Lanka), but later became a teacher. He spent most of his teaching career as a manager of the St. Johns Outdoor Studies Centre, north of Fonthill, Ontario, developing environmentally related programmes for elementary and secondary school students. He was also active in many local organizations, serving as Associate Director of the St. Catharines Grape and Wine Festival Board, Chairman of the St. Catharines Historical Museum Board, President of the Niagara Military Institute and President of the Canadian Canal Society. In addition to the numerous curriculum materials he authored, Colin wrote the Driver’s Guide Series, highlighting the many points of interest in the Niagara region, including the Welland Canal, battlefields of the War of 1812, and the Niagara Parkway. He also wrote A Guide to the Grand River Canal (1980) with Daniel Glenney, The Fur Trade in Rupert’s Land: Opening up the Canadian Northwest (1992), Stick to the Guns! A short history of the 10th field battery, Royal Regiment of Canadian Artillery (1996), Niagara Rebels: the Niagara Frontier Incidents in the Upper Canada Rebellion, 1837-1838 ( 2001), and edited and contributed to A Lodge of Friendship: the History of Niagara Lodge, No. 2, A.F. & A.M, Niagara-on-the-Lake, Ontario, Canada, 1792-1992 (1991). He died in December 2012.

Clendenan-Thompson family fonds

Daniel Clendenan (1793-1866) was the son of Abraham Clendenan, a private in Butler’s Rangers. He was married to Susan[na] [Albrecht ] Albright, daughter of Amos Albright. Daniel and Susan[na] had twelve children and belonged to the Disciple Church. In 1826 Daniel Clendenan purchased Part lot 14, Concession 6, Louth Township from Robert Roberts Loring. On this property he built a home and conducted the business of blacksmithing and along with William Jones operated a lumber mill. Volume 1 and the first part of Volume 2 are Daniel Clendenan’s account books. Daniel and his wife Susan are buried in the Vineland Mennonite cemetery. Daniel and Susan[na]’s youngest daughter, Sarah, married widower Andrew Thompson (1825-1901), son of Charles and grandson of Solomon. Andrew Thompson had settled in the Wainfleet area in 1854 and had owned a mill in Wellandport. Daniel Clendenan, in ill health, passed ownership of Lot 14, Concession 6, Louth Township to his son-in-law Andrew Thompson. Robert Roberts Loring, the original owner of lot 14, concession 6 in Louth was born in September of 1789 in England. He joined the 49th Regiment of Foot as an ensign in December of 1804 and arrived in Quebec the following July. He served with Isaac Brock and Roger Sheaffe. In 1806 he was promoted to lieutenant. Loring was hired by Lieutenant General Gordon Drummond and accompanied him to Ireland in 1811, but the outbreak of war in the States in 1812 drew Loring back to Canada. On June 26, 1812 Loring became a captain in the 104th Regiment of Foot. On October 29 of the same year, he was appointed aide-de-camp to Sheaffe who was the administrator of Upper Canada. During the American attack on York in April 1813, Loring suffered an injury to his right arm from which he never recovered. In December of 1813, Drummond assumed command of the forces in Upper Canada and he appointed Loring as his aide-de-camp, later civil secretary and eventually his personal secretary. Loring was with Drummond in 1813 at the capture of Fort Niagara (near Youngstown), N.Y. He was also with Drummond in the attacks on Fort Niagara, settlements along the American side of the Niagara River, and then York and Kingston. In July of 1814 he was promoted to brevet major, however he was captured at the Battle of Lundy’s Lane and he spent the remainder of the conflict in Cheshire, Massachusetts. One of his fellow captives was William Hamilton Merritt. Loring remained in the army and had numerous military posts in Canada and England. He retired in 1839 and lived the last of his years in Toronto. He died on April 1, 1848. Sources: http://www.biographi.ca/en/bio/loring_robert_roberts_7E.html and “Loring, Robert Roberts” by Robert Malcomson in The Encyclopedia Of the War Of 1812 edited by Spencer Tucker, James R. Arnold, Roberta Wiener, Paul G. Pierpaoli, John C. Fredriksen

Management Council for Responsible Labour Relations records, 1970-1979, n.d.

The Management Council for Responsible Labour Relations was a group of industry representatives who sought to improve the public image of management in labour disputes. They hoped to accomplish this by improving communication with the media, as well as by educating the general public about labour issues from management’s perspective. The Council had representatives from Inco, Gulf, Algoma, Westinghouse, Kimberly Clark, Ford, Stelco, Massey Ferguson, Alcan, Shell, Northern Electric, Bank of Montreal, Canada Packers and Dupont.