Transcript Advanced Psych Searching - Kwantlen Polytechnic University

LEGAL RESEARCH
Prepared by Chris Burns
Criminology Liaison Librarian
Kwantlen University College Library
June 2008
BY THE END OF THE CLASS YOU WILL:
Know the difference between primary and
secondary legal resources
 Know the difference between the two types of
primary law: statutes and cases
 Learn about some tools to locate statutes and
cases
 Understand legal citations
 Know when to use secondary sources and where
to find them

PRIMARY VS. SECONDARY SOURCES

Primary sources are “the law”. There are two
types:

Statutes
Created by government
 Also called acts or legislation (eg. Tobacco Act)
 Each act may also have associated regulations which lay
out details of the administration of the act (also called
subordinate legislation)


Case law
Interpretations of laws by judges in courts
 Includes the long tradition of common law inherited from
Great Britain
 Sometimes called “judge-made law”

SECONDARY LEGAL SOURCES


Secondary sources are research tools which help
you to find and understand primary laws.
Many of these are reference books which must
be used in the library.
LEGAL DICTIONARIES
These provide definitions for legal terms, which
are often in Latin
 Kwantlen Library has several Canadian
dictionaries


Eg. Dictionary of Canadian Law [REF KE 183 D83 2004]
Terms used in a statute are often defined in the
act itself, in a definitions section
 Quicklaw includes a database called Legal Words
& Phrases which cites legal cases that have
clarified the meaning of a legal term

LEGAL ENCYCLOPEDIAS




Summarize the current law on a wide range of
subjects in plain language
Very useful for a brief overview of an area of law
Often cite important legal cases on specific legal
points
Example:

Canadian Encyclopedic Digest (Western)
[REF KE 156 C373]
ANNOTATED STATUTES
These reprint the full wording of a statute and
include examples and summaries of important
legal cases which have addressed (judicially
considered) specific sections of the Act
 Usually updated frequently
 Examples:


Martin’s Annual Criminal Code
[ REF KE 8804.9 M35]

Canadian Charter of Rights Annotated
[ REF KE 4381 A6 C362]
BOOKS
Books are often the best place to start your
research, especially if you haven’t chosen a
specific topic yet
 Can help you to get a better understanding of an
area of law (without being overwhelmed) and
guide you to relevant legal cases and additional
useful sources
 These are all listed in the library catalogue, and
many can be borrowed
 The series called “Essentials of Canadian Law”
provides clear overviews of many topics

JOURNAL ARTICLES
Articles in law review journals (such as UBC Law
Review) discuss areas of law and often specific
cases (called ‘case comments’) in some depth
 Often more up-to-date than other sources
 Kwantlen library has over 300 law journals in
print version and online
 You can search for articles on a specific case or
legal topic in several journal indexes (also called
databases). See the library’s subject guide for law
for suggested databases.

http://www.kwantlen.ca/library/internet/law.html#journals
EXERCISE 1

Look up the definition of this term in one of the
print dictionaries, or Duhaime’s online dictionary

Stare decisis
STATUTES



The first type of primary law
Both the federal and provincial governments
have the power to make laws in specific areas.
Municipalities in BC have been delegated the
authority by the Provincial government to create
their own by-laws
REGULATIONS



Most statutes will have accompanying
regulations; the statute will state who has the
authority to make regulations
These are officially called “subordinate
legislation” or “statutory instruments”; they have
the force of law
They usually contain the nitty-gritty details
involved in applying the act
WHO GOVERNS WHAT?
The federal government has the power to create
laws on certain matters (such as banking), and
each province can create its own laws on other
matters (such as education). This is called the
distribution of powers.
 These powers are set out in the British North
America Act of 1867 (now called the
Constitution Act, 1867).

section 91 lists the areas of federal jurisdiction
 Section 92 lists the areas of provincial jurisdiction
 See

http://laws.justice.gc.ca/en/const/c1867_e.html#distribution
WHO GOVERNS WHAT? PART 2




The division of powers was decided almost 150 years ago
so the wording is quite old-fashioned
There are a number of areas where it’s not clear who’s in
charge. Usually, if there’s any uncertainty, it becomes a
federal responsibility
Sometimes disputes between the federal and provincial
governments must be decided by the courts.
Eg. of a recent dispute: InSite Safe Injection Site

Federal jurisdiction: S. 91 section 27 (Criminal law)
 Statute: Criminal Code, and the Controlled Drugs and Substances Act

Provincial jurisdiction: S. 92 subsections 7 (Hospitals), 13 (Property and
Civil Rights in BC) and 16 (Matters of a Local or Private Nature)
 Bill M-214 Supervised Injection Facility Designation Act, 2008,
proposed by MLA Jenny Kwan in latest BC legislative session
LEGAL CITATIONS: STATUTES



Legal citations clearly (but briefly) indicate the name
and location of a statute
For consistency, we use the format found in a book
called the Canadian Guide to Uniform Legal Citation.
Most people call it “the McGill Guide.” REF KE 259 C35 2006
For a quick guide to understanding (and creating) legal
citations, see Kwantlen Library’s 4-page legal citation
guidepost:


http://www.kwantlen.ca/library/guides/Legal%20Citation.pdf
Some examples of citations for statutes:
Controlled Drugs and Substances Act, S.C. 1996, c. 19
Health Authorities Act, R.S.B.C. 1996, c. 180
CHARTER OF RIGHTS AND FREEDOMS

The Constitution Act, 1982, established Canada’s
own constitution (separate from Great Britain’s).
Much of the Constitution Act, 1867 continued,
with some amendments and additions
http://laws.justice.gc.ca/en/const/annex_e.html

One addition (Schedule B, Part 1) was the
Charter of Rights and Freedoms, often called just
the Charter of Rights or the Charter. It lays out
the basic rights of all Canadians.
http://laws.justice.gc.ca/en/const/annex_e.html#I

All Canadian laws must adhere to the Charter, or
else they may be struck down in court.
CHARTER OF RIGHTS AND FREEDOMS (PART 2)


The Charter has had a huge impact on Canadian laws in
the past 25 years. Many laws and judges’ decisions have
been challenged in the courts on the grounds that they
violate a person’s rights guaranteed under the Charter
A province may oppose such a challenge to its laws by
invoking the ‘notwithstanding’ clause, s. 33(1). This
rarely happens.
EXERCISE 2

Questions about division of powers and Charter

Which section of the Charter relates to freedom of the
press?

Which section of the Charter relates to
discrimination on the basis of race?

Which level of government can pass laws related to
marriage?
HOW DO I FIND STATUTES & REGULATIONS?

You can find both federal and provincial statutes
and regulations in many different sources. See
the library’s subject guide for law for a list.


http://www.kwantlen.ca/library/internet/law.html#statutes
The most current sources are:

Federal: Department of Justice’s website


http://laws.justice.gc.ca/en/index.html
BC: QPLegalEze database

http://www.kwantlen.ca/library/articles/db-qplegal.html
HOW DO STATUTES GET UPDATED?


New statutes, or substantial amendments to existing
statutes, are proposed -- usually by members of the
ruling party -- in the Parliament (federal) or Legislative
Assembly (provincial).
Each bill goes through several ‘readings’ (which involve
debate, committee review, revision and a vote) before it
becomes law (i.e. an act). For a quick summary, see:


http://dsp-psd.communication.gc.ca/Reference/queens-e.html
To track a bill as it makes its way through this process,
check these sources:
 Federal: LEGISinfo


http://www.parl.gc.ca/LEGISINFO/index.asp
BC: QPLegalEze database or BC Legislative
Assembly website
http://www.kwantlen.ca/library/articles/db-qplegal.html
 http://www.leg.bc.ca/

EXERCISE 3: LOCATING AND UPDATING STATUTES


Did the federal government pass a bill about
identify theft in the last session of Parliament?
Find the section of the University Act that
describes the senate for any university other
than UBC. Create a legal citation for this section.
COURTS



Courts exist in order to resolve disputes about
the law as it relates to a specific situation
Disputes may be of a civil or criminal nature
There are several different types and levels of
courts; each has a different function
LEVELS OF COURT
Canada. Department of Justice. (2005). Canada’s Court System.
Ottawa: The Dept. Retrieved June 11, 2008, from
http://canada.justice.gc.ca/eng/dept-min/pub/ccs-ajc/page3.html
CASE LAW





Case law is the second type of primary law.
The term refers to legal cases which have gone to court, and
where a judge (or group of judges) has decided the outcome, and
written down the decision and reasons for this judgment
Court cases decided by a jury will not have a written record
because juries do not have to justify the reasons for their
decisions
Principle of “stare decisis” is fundamental. It is:
 “A basic principle of the law whereby once a decision (a
precedent) on a certain set of facts has been made, another
Court of the same rank will apply that decision in cases which
subsequently come before it embodying the same set of facts.”
Duhaime, L. (n.d.) Stare decisis. In Duhaime’s Legal
Dictionary. Retrieved June 13, 2008, from
http://www.duhaime.org/LegalDictionary/S/Staredecisis.aspx
Since courts must follow the decisions of the same- or higher-level
courts, they need to have a way to find similar previous cases.
That’s the role of the law report services
LAW REPORTERS




Judges' decisions (“cases”) have traditionally been
commercially published in print-format law reporters
which reproduce the exact wording of the decision and
reasons for judgment. They usually also include some
"value-added information" like a headnote -- a
summary of the case in keyword format – and subject
index to make it easier to find similar cases.
Reporters usually focus on a particular type of law or
region.
Reporters are selective; they include only those cases
which are considered significant by the publishers. Only
about 20% of all decisions are reported.
An unreported case is not necessarily unpublished or
unavailable. Most courts now post or 'publish' their
cases on their websites and these are widely available
via the court's website or other electronic sources (eg.
CanLII, Quicklaw).
LAW REPORTERS : PRINT SOURCES

The Kwantlen Library subscribes to several print law
reporter services. For a full list, see:




In order to keep up-to-date, new volumes are published
regularly. You will find long rows of volumes in the
reference section!
You can usually search these for cases in a number of
ways: by name(s), subject, statute cited, cases
considered, and words & phrases used.
Legal citations only give the abbreviation for the title.


http://www.kwantlen.ca/library/internet/law_print.html#case
Eg. C.C.C. means Canadian Criminal Cases
Often the same case will be reprinted in many different
sources. This is called a parallel citation.
LAW REPORTERS : ONLINE SOURCES

Most courts now freely publish the full text of all
decisions on their websites. These will not have any
‘value-added’ content. CanLII collects these cases from
almost all courts so you can search them in one place.
 Eg. Courts of British Columbia
http://www.courts.gov.bc.ca/
 http://www.canlii.org/

Some print law reporters are also available online.
 Eg.


Dominion Law Reports (D.L.R.) [on-campus only]
Other sources collect a wide range of case law on many
topics, with added content like newsletters
 Eg. Quicklaw
http://www.kwantlen.ca/library/articles/db_ql.html
See the Library’s guide to online sources of case law:

http://www.kwantlen.ca/library/internet/law.html#case
PROS AND CONS OF ONLINE SOURCES:

Benefits of online sources:






Convenient; you don’t have to look in many volumes
Available from off-campus
Keyword searchable
Note-up feature is handy
Results can be easily emailed, printed, saved
Limitations of online sources:
May not go back far enough in time; most only
include the past 15 years at most
 Search results can be huge and overwhelming; it can
be hard to identify the most important cases.
Selective law reporters only print significant cases.
 Long cases can be hard to scan online; print sources
are often easier to read

WHAT DOES A CASE LOOK LIKE?

Refer to handout showing parts of a case
CASE LAW : FINDING CASES BY NAME





It’s fairly easy to locate a case in either print or online
sources if you know the name of the case; this is called the
style of cause
The style of cause is a short form of the parties' names; one
personal name usually suffices if there are more parties
involved.
By convention, it shows the Plaintiff (the party bringing the
action) versus the Defendant (or 'the Accused' in a criminal
trial). In an appeal, it's Appellant versus Respondent
In this criminal case, the Crown (government) has brought a
charge against a person named Latimer
 R. v. Latimer
R. stands for Regina (Queen), who is represented by the
Crown counsel
EXERCISE 4 : FINDING CASES BY NAME

Using any of the sources we’ve discussed, locate
this recent Supreme Court of Canada case
involving the Culligan water company

Mustapha v. Culligan of Canada Ltd.

What was the decision?

Did all of the judges agree?

Which judge(s) wrote the decision?
CASE LAW: FINDING CASES BY TOPIC
All of the print and online sources we discussed
allow you to search for cases by either keyword or
subject
 Print reporters can be easier to search because
they use consistent subject terms
 Online searches can be quite precise

EXERCISE 5: FINDING CASES BY TOPIC

Search in Quicklaw or CanLII for a case about
vicious dogs in BC
CASE LAW: NOTING UP A CASE
A judge’s handling of a case can sometimes be
challenged by an appeal to a higher court, and
overturned
 Also, laws and societies change
 It’s important to know whether a case is “good
law”; does it represent the current precedent in
that area or have judges in subsequent cases
disagreed with the decision (in whole or in part)?
 In order to check if your case is up-do-date, you
need to search for more recent, related cases
 This is called noting up a case
 Quicklaw is a very good source for this

LEGAL CITATIONS

See Library’s handout on legal citation:


http://www.kwantlen.ca/library/guides/Legal%20Citation.pdf
CanLII uses a new format for citing legal sources,
called Uniform Legal Citation. Here’s an
example:

R. v. Latimer, 2001 SCC 1
EXERCISE 6: CREATING A LEGAL CITATION

Create a legal citation for the Culligan case we
found earlier, using the McGill guide format
KEY RESOURCES

The Kwantlen Library’s subject guides for law:



Online sources:
http://www.kwantlen.ca/library/internet/law.html
Printed sources:
http://www.kwantlen.ca/library/internet/law_print.html
The Kwantlen Library’s guideposts for:
Statute Law
http://www.kwantlen.ca/library/guides/GPstatlaw.pdf
 Case Law
http://www.kwantlen.ca/library/guides/gpcaselaw.pdf
 Legal citation

http://www.kwantlen.ca/library/guides/Legal%20Citation.pdf