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Canada  

An introduction to legal research in the jurisdiction of Canada
Last Updated: Jul 6, 2017 URL: http://libguides.ials.sas.ac.uk/canada Print Guide RSS Updates
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Last updated:

Lisa Davies, August 2013

 

About the author

This guide was updated by Lisa Davies, Access Librarian at the IALS Library.

Click here for Lisa's full profile and contact details.

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    Related IALS Guides

    • Databases Guide
      An introduction to IALS Library's electronic resources for different jurisdictions

    Useful links

    We also recommend the following online resources for Canadian research:

    • GlobaLex
      A large collection of legal research guides covering foreign and international law, published by the Hauser Global Law School Program at the New York University School of Law.
    • CanLII
      Free online access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions.
    • Justice Laws website
      Provides access to consolidated Acts and Regulations of Canada
     

    Introduction

    Canada is a constitutional monarchy. Queen Elizabeth II (the UK Monarch) is the Head of State and the Governor General of Canada is the Queen’s representative in Canada.

    Canada is a federal state consisting of ten provinces and three territories. The provinces are Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Québec and Saskatchewan. The three territories are Northwest Territories, Nunavut and Yukon Territory.

    Whilst Canada is commonly considered to be a common law country it should be noted that the province of Québec operates a system of civil law. Canada's bijuralism is described in historial and practical terms on the Department of Justice website.

    English and French are the official languages in Canada and both languages have equal status. As a result, federal legislation is published in both languages, as are the Supreme Court Reports and the Federal Courts Reports. Many provinces publish in French, notably Québec.

    The IALS Library has a comprehensive collection of primary and secondary material for Canada as a whole and significant holdings for the Canadian provinces and territories.

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    Constitution

    The Constitution of Canada includes:

    • The Constitution Act 1867 (previously known as the British North America Act, 1867)
    • The Constitution Act 1982, being Schedule B to the Canada Act 1982 (UK) 1982, c.11, and including the Canadian Charter of Rights and Freedoms

    Print sources of the Constitution include the Statutes of Canada, and Laskins Canadian Constitutional Law (Carswell 1986), both of which are available in the IALS Library. 

    Electronic sources are best for the most up-to-date English and French versions, including the Canadian Justice Laws Website, CanLII and the subscription database Hein Online.

    The Constitution Act 1867 provides for the division of legislative powers between the federal and provincial governments. In brief, the federal government has jurisdiction over matters of national defence and foreign affairs, banking, federal taxation, telecommunications, railway, criminal law, and other issues. The provincial governments govern provincial taxation, prisons, education, hospitals, marriage and property rights, etc. More information on the division of powers is described on the Parliament of Canada website.

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    Legislation

    Statutes

    Statutes, also known as acts, are primary sources of law. They may be federal or provincial / territorial. Statutes start their lives as bills. In order for a bill to be passed into law, it must be approved by the legislature. Federal bills may originate in either the House of Commons or the Senate, and must be read and voted on three times by both chambers. Provincial / territorial bills must be read and voted on three times by the legislature. Current bills can be found on all of the government websites in Canada.

    Once a bill has passed through the legislative procedure it receives Royal Assent, at which point it becomes an act and is given a chapter number. This does not necessarily mean that the act is in force.The text of the act will normally state whether it shall enter into force on the date of Royal Assent, another specific date, or a date in the future to be appointed by proclamation.

    A detailed account of the legislative process is provided on the Parliament of Canada website.

    Regulations

    Regulations, also known as subordinate legislation, are always made under an enabling statute. Like statutes they may be either federal or provincial / territorial. They are generally more technical and detailed than statutes and are not subject to the same process of legislative approval as statutes. The authority to make a regulation is granted in the enabling statute, usually to the relevant government agency, Minister, Lieutenant Governor or Governor in Council. Once regulations have been approved they are registered with the Clerk of the Privy Council (federal) or Registrar of Regulations (provincial / territorial). The registration date is normally the date the regulation enters into force.

    Sources of legislation

    Federal: chronological

    Federal statutes and regulations are published in annual volumes. IALS Library has the following:

    Canada Statutes / Statutes of Canada since 1840.
    Statutory Orders and Regulations 1947-1996.

    Federal statutes are also published online in the Canada Gazette Part III and regulations in Part II. Since 2003 these online PDF versions have been recognized as official versions.

    Of note for historial purposes, IALS has War Proclamations, 1914-1918, and War Orders and Regulations, 1942-1945.

    One way to bring your chronological legislation up-to-date is to use a statute citator, such as the Canada Statute Citator, or Canadian Current Law: Legislation. Both are available at IALS (although the Canada Statute Citator is no longer updated). However it is likely to be quicker to refer to a version that has already been revised, if available. See below.

    Federal: revised

    IALS Library has a wide range of revised legislation in hardcopy, including the following:

    Revised Statutes of Canada: consolidations of 1886, 1906, 1927, 1952, 1970, and 1985.
    Statutory Orders and Regulations: consolidations of 1949, 1955 and 1963.

    Printed consolidations are becoming increasingly rare due to the availability of good quality online sources of revised legislation.

    Federal legislation is published on CanLII, the Canadian Legal Information Institute. CanLII aims to make Canadian law available for free on the internet.  It is a non-profit organisation created by the Federation of Law Societies of Canada, and is funded by member societies.  The website is produced by the legal technologies firm Lexum. The federal legislation available on CANLII includes the Constitution, the Consolidated Statutes of Canada, and the Consolidated Regulations of Canada. CANLII's interface supports browsing and searching of the content, with tips on advanced searching. Users can also request to see a piece of legislation as it stood on a particular point in time. The federal statutes and regulations are reproduced on CANLII with the permission of the Department of Justice. English and French versions of CANLII are available.

    Consolidated acts and regulations are also available in English and French on the Department of Justice's Justice Laws website.  From June 2009 they are considered to be the official versions. The Justice Laws website offers simple searching and an advanced search for point-in-time access.

    Westlaw International contains the most recent consolidations of federal legislation. Access is available onsite for academic members of IALS. To access, enter Westlaw UK, select Westlaw International from the "services" menu, and then click on the "LawSource" tab.

    Hein Online also has numerous editions of the Revised Statutes of Canada. It is available onsite and remotely for authorised users.

    Provincial and territorial

    The table below illustrates the good representative holdings of legislation for the provinces and territories held at IALS, both chronological and revised. It also provides a link to the relevant provincial or terrirorial agency that makes available legislation online.

    Province / Territory

    Legislation Series

    Note

    Online Access

    Alberta

    Revised statutes of Alberta 2000

    Statutes of the Province of Alberta (annual volumes) 1906- 2001.

    Alberta Gazette (1985-2003) for secondary legislation.

    Previous consolidations are in the reserve collection.

    The citator available is Statutes of Alberta judicially considered.

    Alberta Queen’s Printer website

    British Columbia

    Revised statutes of British Columbia, 1979-1981 consolidation. 

    Statutes of British Columbia, annual volumes, to 2002.

    Previous consolidations are in the reserve collection.

    Citators include the British Columbia statute citator, and

    Statutes of British Columbia judicially considered.

    British Columbia Queen’s Printer website

    Manitoba

    Continuing consolidation of the statutes of Manitoba, 1987-, looseleaf. 

    Statutes of Manitoba, 1890-, annual volumes.

    Manitoba regulations, 1974-

    Previous consolidations are in the reserve collection.

    Manitoba Queen’s Printer website

    New Brunswick

    Revised statutes of New Brunswick, 1973.

    New Brunswick acts, 1824-, annual volumes.

    New Brunswick Regulations, 1964-2004.

    Previous consolidations are in the reserve collection.

    New Brunswick Attorney General website

    Newfoundland and Labrador

    Revised statutes of Newfoundland, 1990.

    Newfoundland acts, 1836-, annual volumes.

    Newfoundland gazette, index of subordinate legislation, 1979-

    Previous consolidations are in the reserve collection.

    Newfoundland and Labrador House of Assembly website

    Northwest Territories

    Revised statutes of the Northwest Territories, 1988.

    Revised regulations of the Northwest Territories, 1990.

     

     

    Northwest Territories Department of Justice website

    Nova Scotia

    Revised statutes of Nova Scotia, 1989-, looseleaf

    Nova Scotia acts, 1758-, annual volumes.

    Previous consolidations are in the reserve collection.

    Nova Scotia Legislature website

    Nunavut

    -

    -

    Nunavut Department of Justice website

    Ontario

    Revised statutes of Ontario, 1990- / Lois refondues de l'Ontario

    Statutes of the Province of Ontario, 1867-, annual volumes

    Previous consolidations are in the reserve collection.

    The citator available is Ontario statute citator.

    Ontario e-laws website

    Prince Edward Island

    Revised statutes of Prince Edward Island, 1988

    Laws of Prince Edward Island, 1773-, annual volumes

    Previous consolidations are in the reserve collection.

    Government of Prince Edward Island website

    Quebec

    Lois refondues du Québec, 1978-, looseleaf.

    Statutes of the Province of Quebec, 1867-, annual volumes.

    Previous consolidations are in the reserve collection.

    Publications Quebec website

    Saskatchewan

    Statutes of Saskatchewan, 1998-, looseleaf.

    Statutes of Saskatchewan, 1906-.  Annual volumes. 

    Regulations of Saskatchewan, 1995-.

    Previous consolidations are in the reserve collection.

    The citator available is Statutes of Saskatchewan judicially considered, 1979-.

    Saskatchewan Queen’s Printer website

    Yukon Territory

    Republished statutes of the Yukon, 1986-1990

    Statutes of the Yukon Territory, 1982-, annual volumes

    Previous consolidations are in the reserve collection.

    Government of Yukon website

     

    Provincial / territorial statutes and regulations are published in consolidated form on CanLII. See above for further information on the Canadian Legal Information Institute.

    Consolidated acts and regulations are available on the Department of Justice's Justice Laws website.  From June 2009 they are considered to be the official versions. The Justice Laws website offers simple searching and an advanced search for point-in-time access.

    Westlaw International contains provincial and territorial legislation currently in force. Access is available onsite for academic members of IALS. To access, enter Westlaw UK, select Westlaw International from the "services" menu, and then click on the "LawSource" tab.

    Lexis Library provides online access to consolidated statutes and regulations of many provinces. Access is available onsite for academic members of IALS. From the Lexis Library start page, click on the "sources" tab and select "Canada" from the drop-down list.

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    Law reports

    In Print

    Canada has two official series of law reports, both of which are available in IALS Library:

    Supreme Court reports / Recueil des arrêts de la Cour Suprême du Canada. 1876-.

    Federal courts reports / Recueil des décisions des Cours fédérales. 1971-.  Before 2004, this series was entitled Federal Court reports.

    IALS Library has a very good collection of Canadian law reports, from the 19th Century onwards. Here is a list of some prominent series available and details of library holdings:

    Business law reports / Recueil de jurisprudence en droit des affaires. 1977-. Now in its 5th series.

    Canada tax cases. 1972-2008.  Judgments of the Supreme Court, Federal Court, Tax Court of Canada and provincial courts on taxation matters.

    Canadian cases on the law of torts / Recueil de jurisprudence canadienne en resonsabilité civile. 1976- The 3rd series is the current one.

    Canadian criminal cases. 1898-

    Canadian environmental law reports / Recueil de jurisprudence canadienne en droit de l’environnement. 1978-.  The 3rd series is the current one.

    Canadian human rights reporter. 1980-2000.

    Canadian insurance law reporter. 1934-2010.

    Canadian labour law reporter. 1980.- Loose-leaf

    Canadian patent reporter. 1942-.  IALS has all series, the current one being the fourth.

    Dominion law reports. 1912-.  This is a weekly series of reports of cases from all the courts of Canada.  Now in its 4th series.

    Federal trial reports. 1986-.

    Reports of family law / Recueil de jurisprudence en droit de la famille. 1971-.  Now in its 7th series.

    Western weekly reports. 1912-  The current series is subtitled “reports of cases decided in the courts of Western Canada and certain decisions of the Supreme Court of Canada”.

    The Library also maintains good collections of the law reports of the provinces of Canada. Again, older materials and series for provinces and territories are kept in the reserve collection. Among the current / recent series which are available on open access are:

    Alberta law reports. 5th series. 2009-

    British Columbia law reports. 4th series. 2002-

    Manitoba reports. 2nd series. 1979-

    New Brunswick reports. 2nd series. 1969-

    Newfoundland & Prince Edward Island reports. 1971-

    Nova Scotia reports. 2nd series. 1970-

    Ontario reports. 3rd series. 1991-

    Saskatchewan reports. 1980-

    Recueil de jurisprudence du Québec. 1986-2001

    Electronic

    Lexis Library is available onsite at IALS to academic users. It offers good coverage of Canadian cases, with the Supreme Court Reports, the Federal Court Reports, and material from many of the provinces. 

    Westlaw International is available onsite at IALS to academic users. Westlaw also offers good coverage for Canada. Westlaw aims to provide coverage of unreported court decisions from 1986 onwards and reported court decisions from 1977, as well as decisions published in Carswell law reports from their inception. It also contains decisions predating 1977 from key courts and law report series. To access, enter Westlaw UK, select Westlaw International from the "services" menu, and then click on the "LawSource" tab.

    Hein Online is available onsite and remotely for authorised users. It contains the Supreme Court Reports.

    CANLII is a free service available on the internet. Over 500,000 cases are now included in CANLII, from the federal and provincial jurisdictions and from various boards and tribunals.  In recent years, the service has added significant older cases. The search interface allows users to search for decisions of a single jurisdiction or across all courts. Browsing court decisions by year is also possible.

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    Digests & Citators

    The Canadian Abridgement covers over 850,000 digests or summaries of cases decided by the Canadian courts and administrative tribunals since 1803. The Abridgement offers a comprehensive treatment, arranged by subject, of legal issues from Canadian case law, and helps researchers to track changes in the law. Since 1998, it aims to include summaries of cases from all courts in common law jurisdictions in Canada.  It include digests of Quebec cases of national importance, but excludes cases based exclusively on the Quebec Civil Code. IALS holds all three print editions of the Canadian Abridgement, from 1935 to 2008.

    Another digest is the Canadian Encyclopedic Digest (Western), being “a complete statement of the federal laws of Canada and the provincial laws of Alberta, British Columbia, Manitoba and Saskatchewan, as derived from the cases and statutes”.  IALS has all three editions of this. The 3rd edition (current) is a multi-volume loose-leaf work, updated to 2000. It is also available online in Westlaw to academic users at IALS.

    Keycite Canada is available online in Westlaw to academic users at IALS. It is a citation research service adapted from The Canadian Abridgment’s suite of citator products (Canadian Case Citations, Canadian Statute Citations, Rules Judicially Considered, Regulations Judicially Considered). IALS holds all three print editions of the Canadian Abridgement, from 1935 to 2008.

    CANLII also offers a noter-up service. Users can link through to decisions cited by, citing and related to a particular case.

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    Books

    Ted Tjaden's online guide, Researching Canadian Law, lists a number of Canadian law books on various topics, and the IALS Library holds recent editions of many of these in its collection.  Previous editions are available for many titles, and kept in the reserve collection. Check the IALS Library catalogue for more details.

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    Journals

    IALS has a good collection of approximately one hundred Canadian legal journals.  These include university law school titles, law society journals and bar reviews, yearbooks, and many law commission and law reform papers.

    Among the finding tools at IALS to the legal literature of Canada are:

    Index to Canadian legal periodical literature, 1961-2006 (annual).  This helps to find journal articles, case comments and book reviews.  It is arranged by subject, with cross-references from the French terms to the English. Includes a list of publications indexed, an author and title index, a table of cases, and a book review index. 

    Index to Canadian legal literature / index a la Documentation juridique au Canada, 1981- (8 per year). This bilingual index forms part of Canadian Current Law, and indexes journal articles, books, official publications, and case comments.  It includes a list of journals, subject index, author index, tables of cases and legislation, and a book review index. The subject index includes terms in English and in French. Also available on Westlaw.

    A wide range of full-text Canadian law journals and reviews are available to search and browse on both Lexis Library and Westlaw. Access to the databases is via the Electronic Law Library.

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    Quebec Law

    The law in Quebec is a unique mixture of common and civil law. This is because both Great Britian and France governed the region that is now Quebec at different times. A concise summary of the history of the justice system in Quebec is given in McCormack's Practical guide to Canadian legal research (3rd ed, Carswell 2010) and a more detailed account is provided on Justice Quebec website.

    Generally speaking, criminal constitutional and adminstrative law is governed by the common law system, whereas private law comes under a system of civil law. Most aspects of private law are codified in the Civil Code of Quebec.

    The IALS Library has the current Civil Code of Quebec in looseleaf format in English and French. Numerous superseded versions are also available, the earliest being the Civil Code of Lower Canada, published in 1866.

    Up-to-date versions of the Code are also available electronically on CANLII and Westlaw.

    The Code does not contain all the private law of Quebec, statutues and regulations exist in their own right. See the table above for details of library holdings of Quebec statutes.

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    Research guides

    Useful recent publications include:

    Iosipescu M and Whitehead P, Legal writing and research manual. (6th edn, LexisNexis Butterworths 2004).  Introduction to legal research and writing for students.

    Fitzgerald M, Legal problem solving: reasoning, research and writing (LexisNexis 2007)

    MacEllven D T et al, Legal research handbook (5th edn, LexisNexis Butterworths 2003).  For students and lawyers, with lots of coverage of electronic research.

    McCormack N et al, Practical guide to Canadian legal research (3rd edn, Carswell 2010). Introduction to various legal research materials aimed at legal practitioners, law students and academics.

    Tjaden T, Legal research and writing (2nd edn, Irwin Law 2004).  This book aims to explain the skills needed for legal research and legal writing in both the print and online spheres.  See also Tjaden’s legal research guides on LLRX.com and Globalex.

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    Online resources

    CANLII, the Canadian Legal Information Institute, aims to make the law of Canada available free on the internet.

    Justice Laws Website, from the Department of Justice - an online source of the consolidated Acts and Regulations of Canada.

    Best guide to Canadian legal research, written by Catherine Best.  This site provides practical guidance on conducting legal research with links to key Canadian legal sites.

    Eagle-i Internet Portal for Law - access to legal information from around the world.  You can browse by jurisdiction and choose Canada to display details of over 150 primary and secondary resources on the law of Canada.

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