Criminology 330:

Legal Research at SFU Library

Yolanda Koscielski (Burnaby) and Shane Plante (Surrey), Liaison Librarians for Criminology

January 19th and 20th, 2012ysk6@sfu.ca

spa61@sfu.ca

Objectives:

PART 11. Finding cases

a) By topicb) By known citation

2. Locating journal articles and commentaries (by lawyers and other writers) on your topic

PART 23. Experience searching 5 legal

databases

SFU Library Legal Research Guides

Legal Information guide http://tinyurl.com/3pm2sk3

“Research by Publication Type” legal research web pages http://www.lib.sfu.ca/help/publication-types

Browse databases by subject area – Law http://tinyurl.com/3exwmlb

1a. Finding Cases by Topic

Searching directly for case law by keyword is usually not recommended Keyword = 1000s of unrelated hits Exception: very unique terminology, e.g.,

transgendered Starting with secondary legal sources and/or

specialized legal research tools is recommended

Specialized legal research tools include subject-based finding aids like the Canadian Encyclopedia Digest and the Canadian Abridgment Digest

1a. Finding Cases by Topic

Secondary legal sources can… be a more efficient way to search, pointing

you to specific cases on your topic provide a broad overview of a legal topic help you identify precedent-setting cases in

Canadian law

1a. Finding Cases by Topic

Secondary legal sources may include:Textbooks(Legal) journal articlesNewspapersCase summariesEncyclopediasLegal commentary

1a. Finding Cases by Topic: Legal Journals

Not sure if we have a journal @ SFU Library? Books, Journals, Media (Catalogue) > select

“Journal Title” from drop-down menu and search by journal title

Above method searches both print and online

Especially for idiosyncratic legal resources, please do not rely on Library Search or Fast Search – neither is 100% comprehensive

1a. Finding Cases by Topic

Some sources for secondary legal literature: Index to Canadian Legal Literature, aka ICLL Books/Textbooks HeinOnline’s Law Journal Library (indexed via

Fast Search) QuickLaw’s journal collection & commentary,

e.g., Alan Gold’s Criminal Law Netletter Criminal Spectrum, e.g., Criminal Law

Quarterly Newspaper and magazine databases, e.g.,

Canadian Newsstand, CBCA

1a. Case Law by topic

Use the Canadian Encyclopedic Digest (CED).

The CED will always point you to major cases which have established the legal points in question. It provides a comprehensive statement of the law (legislation + case law)

The CED is available electronically through LawSource.

1b. Finding Known Cases

The terms Case Law, Reasons for Decisions, Judgment (*no ‘e’!) are often used interchangeably

Reasons for Decisions = case law before officially published by a court reporter or legal database. Check court website.

Main content of published case law/judgments should be identical, regardless of reporter

Case Law/judgments available through both free and subscription sources

1b. Finding Known Cases: Understanding Case Citations

Style of cause = plaintiff and defendant This report can be found in the 69th volume of the

Dominion Law Reports on page 433 The "2nd" tells you that the DLR has been published in

multiple series; the second series was 1956-68 SCBC indicates this was a Supreme Court of British

Columbia decision

1b. Case Citation

Wells v. Newfoundland (1997), 156 Nfld. & P.E.I.R. 271, 483 A.P.R. 271, 5 Admin. L.R. (3d) 113, (N.L.C.A.)

The same citation as seen online in LawSource:

1997 CarswellNfld 199

1b. Neutral Citation

A way to cite case law that is vendor-neutral

Adopted by *some* jurisdictions Elements of a neutral citation:

style of cause year court number (court-assigned sequential number) Pinpoint (i.e., paragraph number, “at para.

18”) Once a case is reported, use neutral

citation followed by reporter citation

1b. Neutral Citation

From: Best Guide to Canadian Legal Research, http://legalresearch.org/docs/process13.html

1b. Case Law Research – Which database to choose?

Significant overlapping coverage in case law cases covered in various databases

Free sources (e.g. CanLii) are easily accessible

Subscription sources often include more value-added tools, enhanced interface options, e.g., LawSource contains the Canadian Abridgment

Digest and the Canadian Encyclopedic Digest for finding case law by topic

Case Law Sources at SFU

Free CANLii (Canada) (includes RefLex Record *not

comprehensive) Subscription (SFU)

Law Source (includes KeyCite Canada) CriminalSource (KeyCite Canada) CriminalSpectrum BestCase QuickLaw (includes QuickCITE)

Demo: Wells v. Newfoundland (1997), 156 Nfld. & P.E.I.R. 271, 483

A.P.R. 271, 5 Admin. L.R. (3d) 113, (N.L.C.A.)

1b. To Note Up a Case…

Means you are researching a case to see if… It has been cited, including “followed”, in

subsequent cases the decision has been overturned in a higher court

The note up tools have different names, depending on the database you use

Ensure you have found the most recent (i.e., legally relevant) version of a case using the note up tools

1b. Noting up a case in QuickLaw

Reveals which cases have followed, explained, mentioned, or cited in dissenting opinion the case you are researching

According to QuickCite, the citator “provides the comprehensive case history and treatment coverage necessary to assess the strength of cases” and is updated daily

Part 2: Five Legal Databases in 15 minutes

1. LawSource

Case Law

Federal and Provincial Legislation

Index to Canadian Legal Literature (ICLL)

Canadian Encyclopedic Digest (CED)

Canadian Abridgment Digest (CAD)

Words and Phrases Judicially Defined

1. LawSource Tips

Multiple products on one platform that can be browsed/searched separately

Browse functions on the left, search on the right

Browsing trees can also be searched Click on LawSource (or CriminalSource) tab to

revert to main search screen Quirk: default search operator is usually “OR”,

not “AND”. Solution: use quotation marks to search as a phrase

or add the word “AND” between each search term

2. CriminalSource

Case Law

Canadian Criminal Legislation

Canadian Sentencing Digest

Criminal ReportsCriminal Law Evidence, Practice and

ProcedureDisclosure and Production in Criminal

CasesWatt’s Manual of Criminal Evidence

Canadian Criminal Law Review

National Journal of Constitutional Law

2. CriminalSource Tips

Busy interface! Note Search Templates for different products/info types on left, including All CriminalSource Content

Access law digests (i.e., case abstracts/summaries) from the bottom links (Carswell's Criminal Law Digest)

When keyword searching for specific titles, use quotation marks or AND in-between your search terms

Browse a particular source with left-hand option of “other commentary”; an empty search is possible if you’d like to browse commentary sources by date

3. CriminalSpectrum• Criminal Law Quarterly• Canadian Criminal Procedure• Criminal Pleadings & Practice in

Canada• Martin’s Criminal Code

Key texts and journal content in Commentary

section

Case law

Criminal Legislation

3. CriminalSpectrum Tips

Search on the right, browse on the left

Browse individual books/journals (e.g., Drug Offences in Canada) in the Commentary section, left-hand side

Martin’s Criminal Code is found under Commentary>Criminal Legislation>Martin’s Criminal Code and Related Legislation

4. BestCase

•Canadian Criminal Cases (C.C.C.)

•Dominion Law Reports (D.L.R.)

Many law

reports

4. BestCase Tips

Search for cases by citation in the Case Law Section e.g., 258 C.C.C. (3d) 144 Follow the prescribed format for case law searching

Search for cases by style of cause E.g. R v. Punko

Search for cases by phrase in the case Catchline: searches topical classification & short,

telegraphic phrases Full-text: searches “matches in the body of the decision”

5. QuickLaw

Case Law

Legislation

• Canadian• InternationalLegal Journals

• Alan Gold’s Criminal Law NetLetterCommentary

Canadian Rules of Court

Canadian Legal Words and Phrases

5. QuickLaw Tips

Note Quick Search boxes E.g., Find a case by name, find a case by

citation Note Tab Searching option

E.g., Legislation, Journals, etc.; brings up search templates

Need to find a particular book, journal, or other title? Enter keywords of source title in Find a Source

Many ways to get to the same content in QuickLaw

Style of cause (Appellant + Respondents) Year of Decision Volume number of law report Law reporter (Newfoundland and Prince

Edward Island Reporter) Page number in law reports Other law reporters (parallel citations) Series number of law report, as applicable Court the case was tried in

Q1. Wells v. Newfoundland (1997), 156 Nfld. & P.E.I.R. 271, 483 A.P.R. 271, 5 Admin. L.R. (3d) 113, (N.L.C.A.)

Q3: Maple Leaf Foods

Court categorizes heavy equipment as real property in (Oct. 2008) 28 Lawyers Wkly. No. 21, 11-12

Or (Annot.) in MAPLE Leaf Foods Inc. v. Robin

Hood Multifoods Inc. 17 B.L.R. (2d) 86

Questions?

Yolanda Koscielski, Liaison librarian for Criminology at Burnaby ysk6@sfu.ca

Shane Plante, Liaison Librarian for Criminology at Surrey spa61@sfu.ca

AskUsDesk AskAway TextUs