basic legal research for the public - alan kilpatrickwhat is the “law”? •legislation:...
TRANSCRIPT
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Navigating CanLII: Basic Legal Research for the
Public
Alan Kilpatrick, Reference Librarian Law Society of Saskatchewan Library (Regina)
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Overview
• Who are We?
• What is CanLII?
• What is the Law?
• Court Structure
• Precedent Basics
• Legal Citations
• Navigating CanLII
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Who Are We?
• The Law Society of Saskatchewan: • A regulatory body within the Federation of Law Societies of
Canada delegated with the responsibility of governing lawyers in the province
• Governed by a board of lawyers and non-lawyers, the Law
Society sets and enforces high standards for admissions, professional conducts, and quality of service
• Not funded by or affiliated with the government
http://www.lawsociety.sk.ca/about-us
lawsociety.sk.ca
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What is CanLII?
• The Canadian Legal Information Institute (CanLII):
• CanLII is a non-profit funded by lawyers • Provides free access to Canadian law through its website at
Canlii.org • An easily accessible, fully searchable, and online source law
• The best place to find the law
http://www.canlii.org/en/info/about.html
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What is CanLII?
http://www.canlii.org/en/databases.html
• The Canadian Legal Information Institute (CanLII): • CanLII provides access to more than one million court cases
and thousands of statutes • CanLII provides complete coverage of all Canadian court
cases from 2000 to date • CanLII now features a nearly complete record of all
Saskatchewan court cases back to 1909
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canlii.org
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What is the Law?
Legislation Case law
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What is the “Law”? • Legislation:
• Statutes (acts) are written laws passed by the legislature that deal with a specific subject
• Regulations are subordinate legislation that provide additional details about a particular act
• Bills are proposed statutes that have not yet passed through the legislative process
• Case law:
• Written decisions from judges in the courts across Canada. It is also knowns as judge-made law and common law
http://www.qp.gov.sk.ca/
qp.gov.sk.ca
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Court Structure
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http://www.justice.gc.ca
Justice.gc.ca
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Court Structure • Saskatchewan Court of Appeal (SKCA):
• Hears appeals on all civil and criminal matters
• Saskatchewan Court of Queen’s Bench (SKQB):
• Serious criminal offences, most family law matters (including divorce) and civil matters greater than $30,000
• Saskatchewan Provincial Court (SKPC):
• Most criminal matters, youth matters, small claims, traffic tickets, bylaws, and some family matters
http://www.sasklawcourts.ca/
sasklawcourts.ca
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Saskatchewan Court of Queen’s Bench
Saskatchewan Provincial Court
Supreme Court of Canada
Saskatchewan Court of Appeal
Administrative Tribunals
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Precedent Basics
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Precedent Basics
• The CanLII Primer, National Self-Represented Litigants Project:
“Precedent refers to a system in which a court must decide subsequent cases in line with previous cases, that deal with the same legal issue that have been decided by the courts of the same level, or higher.”
• Cases decided at the highest court in your own jurisdiction will be the most influential
https://representingyourselfcanada.files.wordpress.com/2015/03/nsrlp-canlii-primer-v11.pdf
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Binding Case Law Supreme Court of Canada: Cases are binding on every Court in Canada
including itself. The only court that can overrule, or change, a Supreme Court decision is the Supreme Court of Canada
Saskatchewan Court of Appeal: Cases are binding on itself, the Saskatchewan Court of Queen’s Bench, and the Saskatchewan Provincial Court
Saskatchewan Court of Queen’s Bench: Cases are binding on itself and the Saskatchewan Provincial Court
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Persuasive Case Law A decision from the British
Columbia Court of Appeal is not binding on the Saskatchewan
Court of Appeal
A decision from the Ontario Court of Justice is not binding on the
Saskatchewan Court of Queen’s Bench
A decision from the Alberta Court of Appeal is not binding on the Saskatchewan Provincial Court
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Legal Citations
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Legal Citations
Ravdahl v Saskatchewan, 2009 SCC 7
Plaintiff Defendant
Ravdahl v Saskatchewan, [2009] 1 SCR 181
Ravdahl v Saskatchewan, [2009] 301 DLR (4th) 513
Ravdahl v Saskatchewan, [2009] 2 WWR 385
Ravdahl v Saskatchewan, [2009] 320 Sask R 305
Parallel Citations
Neutral Citation
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Legal Citations
R v Lewko, 2002 SKCA 121
Reiter v Powell, 2016 SKQB 100
R v Piapot, 2016 SKPC 38
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Legal Citations
The Family Property Act, SS 1997, c F-6.3
The Business Name Registrations Act, RSS 1978, c B-11
Criminal Code, RSC 1985, c C-46
National Flag of Canada Act, SC 2012, c 12
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Navigating CanLII
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Navigating CanLII
• Searching for Case Law
• Searching for Legislation
• Searching for Administrative Tribunal Decisions
• Keyword Searching with CanLII
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Written decisions
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Navigating CanLII
• Searching for case law: • The easiest way to find a particular case is to search by
citation
• Let’s locate Hoffmann v Monsanto, 2007 SKCA 47
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Navigating CanLII
• Searching for case law by judge: • You are looking Queen’s Bench judgments by Justice Megaw,
made somewhere in the past three years
• Great opportunity to sort and filter search results
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Navigating CanLII
• Searching for legislation:
• Legislation can be located with the legislative title
• Legislation can be browsed by province
• Let’s locate The Saskatchewan Farm Security Act, SS 1988-89, c S-17.1
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Navigating CanLII
• Searching for administrative tribunal decisions: • CanLII provides access to a decisions from twenty
Saskatchewan tribunals
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Navigating CanLII
• Keyword searching with CanLII: • Develop good keywords that represent the concepts you are
searching for
• Familiarise yourself with the common legal terms, conduct background research, and read case law and legislation
• Let’s locate cases discussing child support for a child over the age of 18 and attending university
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"child support" "adult child" "age of majority" "child support" AND "adult child" AND "age of majority"
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Legal Research Strategies Determine if there is any applicable legislation: • Within that legislation look for relevant legal terms and key phrases • Noting up relevant sections of the legislation may lead you to relevant case law
Locate case law with a keyword search: • Start off by searching broadly and keep in mind that searching CanLII often involves trial and error • Refine the search as you begin to identify additional legal terms • In-text citations in written decisions may lead you to additional case law and legislation
Keep in mind: • The system of precedent • Court structure in Canada • Legal citations
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lawsociety.sk.ca/library/library-services/tutorials
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• Phone: 306-569-8020
• Email: [email protected]
• Website: http://www.lawsociety.sk.ca/library
• In person: Law Society Library
Court House, 2nd Floor
2425 Victoria Avenue
Regina
Ask a Librarian!
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Works Cited • Barrie, Denise, Journey to Justice: A Practical Guide to Effectively Representing Yourself in Court (Nanaimo:
Waymark Law, 2015)
• CanLII. About CanLII, online: <http://www.canlii.org/en/info/about.html>
• McCormack, Nancy & John Papadopoulous & Catherine Cotter, The Practical Guide to Canadian Legal Research, 4th ed (Toronto: Carswell, 2015)
• Justice Canada, Canada’s Court System, online: <http://www.justice.gc.ca/eng/csj-sjc/ccs-ajc/>
• Saskatchewan Law Courts, Courts of Saskatchewan, online: <www.sasklawcourts.ca>
• Saskatchewan Queen’s Printer, Saskatchewan Queen’s Printer, online: <www.qp.gov.sk.ca>
• Thomas, Tamara, The CanLll Primer: Legal Research Principles and CanLII Navigation for Self-Represented Litigants, The National Self-Represented Litigant Project, online: <www.representingyourselfcanada.files.wordpress.com/2015/03/nsrlp-canlii-primer-v11.pdf>