Final Test Review

Legal Research ReviewHow Cases are PublishedCourt makes decisionWill either be published or not (oral reasons)May go directly to an OFFICIAL reporter automaticallySupreme Court Reports, Ontario Appeal CasesMay be given a neutral citation (numbered decision)May get picked up by an UN-OFFICIAL reporterCanadian Criminal Cases, Motor Vehicle ReportsMay get picked up by an electronic serviceQuicklaw or Westlaw Canada (LawSource)Given an electronic citation (resembles a neutral citation)Called unreported decision if not published elsewhere

Reported Decisions (print reporters)style of cause,(year of decision),[year of reporter]Volumereporter(series) if anypageR. v. Askov,[1990]2S.C.R.1199.R. v. Askov(1990),59C.C.C.(3d)449.Reporter Abbreviationshttp://www.library.brocku.ca/research/politic/lrchart.htm

Neutral CitationCanadian Judicial Council standardElementsStyle of causeYear of decisionCourt or tribunal identifierOrdinal numberUnique, complete, immediately available and permanentExample: Smith v. Leblanc, 1998 BCCA 21Jurisprudence: Neutral Citationstyle of cause,core of neutral citationyeartribunal/court identifierordinal number of decision.R. v. Law, 2002SCC10.Electronic CitationsCitation assigned by electronic serviceEach service has their own numbering systemExamples:Bank of Nova Scotia v. Visentin, [1996] O.J. No. 4563 (Gen. Div.) (QL)Harris v. Beck Estate, 2007 CarswellPEI 11 (S.C.(T.D.)).Jurisprudence: Electronic Citationstyle of cause,identifier givenPinpoint (optional)(electronic service).R. v. Ling,2002 CarswellBC 2752at para. 14(Westlaw Canada).Jurisprudence: ExamplesMugesera v. Canada, 2005 SCC 40 (Westlaw Canada).

Nisbett v. Manitoba (Human Rights Commission), 101 D.L.R. (4th) 744.

R. v. C.I.P. inc., 135 N.R. 90.

R. v. Raponi, [2004] 3 S.C.R. 35 (LexUM).Excellent Website Describing Legal Citationhttp://library.queensu.ca/law/lederman/legalcit.htm

Parallel CitationsCitations that refer to the EXACT SAME caseSame partiesSame hearingReported by different sources

Just like one event happens, several newspapers may report on it. Stories cover the same situation, but publish in different places.

R. v. Tessling, 244 D.L.R. (4th) 541Reading Citations what type?2009 ONCA 846133 D.L.R. (3d) 5462009 SCC 5640 N.R. 255, 7 W.C.B. 17765 C.C.C. (2d) 1931999 CanLII 3822 (ON C.A.)[2009] O.J. No. 3909Reading Citations2009 ONCA 846 NEUTRAL133 D.L.R. (3d) 546 PRINT2009 SCC 56 NEUTRAL40 N.R. 255, 7 W.C.B. 177 PARALLEL, EACH IS PRINT65 C.C.C. (2d) 193 PRINT1999 CanLII 3822 (ON C.A.) ELECTRONIC[2009] O.J. No. 3909 NEUTRALLooking up Cases by CitationUse shortest possible routeCitation is the UNIQUE identifier for the caseNote that we include years in SQUARE brackets, but not those in ROUND brackets!Name is helpful, but could be applied to more than one caseIf you have the citation, use it without the nameMany databases offer shortcutsE.g. dont need to enter punctuation or spacesLocating by citation what do you type??R. v. Harper, [1982] A.C.S. no 108R. v. Harper, 133 D.L.R. (3d) 546R. v. Harper, (1982), 40 N.R. 255R. v. Harper, 65 C.C.C. (2d) 193R. v. Harper, 7 W.C.B. 177 (SCC)

Locating by citation answers 1982acsno108133dlr3d54640nr25565ccc2d1937wcb177

And, incidentally, 5 D.L.R. (4th) 255 would be: 5dlr4th255Relationships Between CasesA story.

On the basis of the FLIR readings, and other tips, the RCMP get a search warrant and find both marijuana and guns in Walts house he is charged with various drug and weapons offences. Walt has a grow-op in his house. Acting on a tip, the RCMP fly over his house in an airplane equipped with a Forward Looking Infra-Red ("FLIR") camera to detect the heat emanating from the house.

Trial A: Walt is found guilty and convicted.

Ontario Superior Court, Thomson J (oral reasons only no case report)

Trial B: Walt appealsFly-over with FLIR camera violated his right to be free from unreasonable search and seizure guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms. The court agrees and Walt is released.

R. v. Tessling, 63 O.R. (3d) 1.

Trial C: The Crown isnt going to give upCase moves to Supreme Court. Walts right to privacy does not extend to patterns of heat distribution on the external surfaces of his house. FLIR heat profile did not expose any intimate details of Walts life, information about his core biographical data, and therefore his constitutional rights were not violated, and he is guilty as originally charged.

R. v. Tessling, [2004] 3 S.C.R. 432.

ConsiderWhat is the relationship between these two cases?R. v. Tessling, 63 O.R. (3d) 1.R. v. Tessling, [2004] 3 S.C.R. 432.Judicial HistoryFirst step in Noting UpTells the story of how the case proceeded through the court systemEach decision is UNIQUE and represents a DIFFERENT HEARING but includes the same parties

If you dont find out judicial history, the story of your case is incomplete!Judicial ConsiderationSecond step in Noting UpTells how courts have treated your judges decisionOften referred to asCiting references (n)Cases citing (n)Some sources will offer not only a list of cases, but HOW each case treated your decision

Lets Note up TogetherUse Quicklaw, LawSource or CanLii (your choice)Find this case:R. v. Tessling, [2004] 3 S.C.R. 432Note it upKeyCite (LawSource)QuickCite (Quicklaw)Cited by (CanLii)

Analyzing the LawCase BriefLegal MemorandumLegal Memorandum, Case BriefLegal MemoIdentify facts, issues of client situationFind relevant lawApply law and determine conclusionCase BriefIdentify key elements of a caseSuccinctAll information comes from the case itself

Situation to follow throughCase SituationFirst thing we do:Facts relevant onesIssues question or whether statementSecond thing we do:Background secondary sourcesTextbooksJournal ArticlesCommentaryWords and Phrases, DictionariesNext, we look for StatutesStatutes take precedenceCases interpret statutesParliamentary authorityThen, we look for CasesHow law has been interpretedLook for similar fact pattersLook for similar legal issuesHow do we find what Statute applies?Legal EncyclopediaCanadian Encyclopedic DigestHalsburys Laws of Canada (Quicklaw)Secondary sources may supply this!Indexes in Statutes volumesLast resort is to keyword searchCanLII, E-laws, Justice Canada, QuicklawStatutes SourcesRevised Statutes of CanadaRevised Statutes of OntarioStatutes of CanadaStatutes of OntarioOnline Consolidated LawQuicklawCanLIIJustice CanadaE-lawsAnnotated Acts or Looseleafs

What is it?R.S.O. 1990, c. E.14.R.S.C. 1985, c. E-2.S.O. 1991, c. 17.O. Reg. 45/91Other types of citationsR.S.O. 1990, c. E.14Revised Statute (Ontario)R.S.C. 1985, c. E-2Revised Statute (Canada)S.O. 1991, c. 17Annual Statute (Ontario)O. Reg. 45/91Regulation (Ontario)Updating LawTable of Public StatutesIn print volumes Online E-laws, Justice CanadaCanada Statute CitatorOntario Statute CitatorQuicklaw Point in time legislation searchSee all versions of a statute sectionFinding CasesFind a specific caseQuicklaw or online (covered previously)Use print reportersFind cases that cite a lawFind cases that cite another caseFind digests of casesSearch for cases By keywordBy subjectBy field searching

Judicial ConsiderationIn their decisions, judges will consider a variety of authoritiesStatutes (or sections of statutes)CasesRegulationsRulesBooks of authorityWords and phrases

Citator SourcesTrack all the cases that have considered a particular case, law, section of a law, word/phrase, etc.So, now for a particular primary source or particular word/phrase, we can find cases where it has been considered.Citator Sources (Print)Canada and Ontario Statute CitatorsCases that cite statutes Canadian Statute Citations (Abridgement)Cases that cite statutesAnnotated ActsCases that cite statutesCanadian Case Citations (Abridgement)Cases that cite other cases

Electronic DatabasesCanLII Noteup featureCases that cite other casesQuicklaw Quickcite featureCases that cite statutes, or cases depending on when its usedCases that interpret Words and phrasesWestlaw Canada Keycite featureCases that cite statutes, or cases depending on when its usedCases that interpret Words and phrasesWhat are digests?Short summary of case with respect to a particular point of lawMay be more than one digest for a caseGives the outcome and a citation for the caseOften grouped by subject area and can be browsedSources: Canadian Abridgement Case DigestsThe Canada Digest (Quicklaw)AdvantagesShorter than whole caseInclude only relevant informationOften grouped so that its easy to find similar casesElectronic Database SearchingFinding Case ReportsKeyword searching vs. summary searchingSearch by area of law in QuicklawField searching DatesJurisdictionsSummaries/HeadnotesJudges LawSource CED and Abridgement browsing (Tables of Contents)

QuicklawCreating searches using operators&ORAND NOT!/s/p/n

Quicklaw answers Creating searches using operators& -- two words in same document OR one or the other word (synonyms)AND NOT no documents with this word! truncator: any possible ending on root/s two words in same sentence/p two words in same paragraph/n two words close together (specify a number for n)

ExampleClient was impaired but found behind the wheel of a parked car with its engine running

impaired or drunk /p car or vehicle /5 park!QuicklawNoting upHistory of casePath the case followed through the court systemJudicial Treatment = Citing Cases = Citing ReferencesAll cases that have referred to this one.TreatmentHow each citing reference treated this case Followed, distinguished, questioned, etc.This is an EDITORIAL decision, not a GIVENWestlaw CanadaLawSourceAnything else??