Cecilia Tellis, Law LibrarianBrian Dickson Law Library

CML 3319 : Advanced Legal ResearchWinter 2011

Federal legislation

Colleen Addison,Law Librarian, Brian Dickson Law Library

Outline

Legislation– How to find Laws– Looking at the history of your law– Legislative process

Laws

Divorce Act

Laws

What are the reasons the law states for getting divorced? Intolerable cruelty? Marriage breakdown? Have they always been the same?

Legislative research: Step 1

Find secondary sourcesLegislative research entails many steps (finding laws, bills, debates, journals, older laws, amendments, etc.)Secondary sources can cut out some of these steps!

One more secondary source

Library of Parliament Virtual Library – http://

www2.parl.gc.ca/sites/lop/virtuallibrary/researchpublications-e.asp

Another secondary source

Ask someone

Looking up laws

Three official places– Canada Gazette

• http://www.gazette.gc.ca/index-eng.html – Statutes of Canada (books)– Department of Justice website

• http://www.justice.gc.ca/eng/index.html

Divorce Act

8. (1) A court of competent jurisdiction

may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.

Updating laws

What is it? – Even online acts are not totally up-to-date– You need to check to see if any changes have

happened in ensuing time frame– Being phased out as online sources become more

and more up-to-date

Updating laws

Official method-Table of Public Statutes and Responsible Ministers

On Department of Justice Laws websitehttp://laws-lois.justice.gc.ca/eng/index.html

Older editions available in print in SLR 4-1

Updating laws

Some other methods-Check LEGISinfo for sessional bills

introducing recent or proposed amendments

-For a more recent amendment, to see if it is in force, check also the “Table of Proclamations” in the Canada Gazette, Part III

• Also consult individual editions of the Canada Gazette, Part II for most up-to-date proclamations

Looking at the history of the law Have the reasons always been the

same? Table of Public Statutes and

Responsible Ministers– Department of Justice website

• http://www.justice.gc.ca/eng/index.html

Looking at the history of your law s.11, 1997, c. 1, s. 1(1)

Statutes of Canada, 1997 An Act to Amend the Divorce Act, c.1

Looking at the history of your law REMEMBER: Amendment acts are

NOT on the Department of Justice website!

Looking at the history of your law

Divorce Act –R.S.C., 1970, c. D-8

ACT REPEALED 1986, c. 4, s. 32CIF, 1986, c. 4 proclaimed in force 01.06.86 see SI/86-70

Looking at the history of your law Divorce Act—R.S.C., 1970, c. D-8

RSC vs. SC RSC came out in 1952, 1970, 1985

Looking at the history of the laws You must look in print! Repealed laws are NOT on the

Department of Justice website! 1970 Grounds for divorce

– Include adultery, sodomy, bestiality, rate, homosexual acts, marriage with someone else, intolerable cruelty

Looking at the history of your law What if I want to go further back than

that? Other jurisdictions may help Private Acts may also help

Bills and the Legislative process

How a bill becomes law (cont.)

Looking up the legislative process Marleau and Montpetit (House of

Commons Practice and Procedure) Google « marleau and montpetit »

– http://www.parl.gc.ca/compendium/web-content/c_g_parliamentaryprocedure-e.htm

Other books

The Laws of Government – Craig Forcese & Aaron Freeman

Parliamentary Privilege in Canada – Joseph Maingot

Beauchesne’s Parliamentary Rules & Forms – Fraser, Dawson, Holtby