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The Legislative Process in Canada
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The Legislative Process in Canada

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Questions and Answers

What is the first letter of the number assigned to bills introduced in the House of Commons?

  • C (correct)
  • H
  • B
  • S

    • What happens to a bill if it does not pass in both chambers before Parliament is dissolved?

  • It becomes a government bill.
  • It dies on the order paper. (correct)
  • It is sent back for revisions.
  • It is automatically enacted.

    • What is required for a federal law to take effect after it becomes an act?

  • Royal Assent from the Governor General. (correct)
  • Approval from the House of Commons.
  • Publication in the official government gazette.
  • A majority vote in the Senate.

    • What is the common name for the Senate in regards to its legislative role?

    <p>House of Sober Second Thought</p> Signup and view all the answers

    What does a 'commencement' section in a statute indicate?

    <p>It states when the act will be enacted.</p> Signup and view all the answers

    Which of the following shows a correct legal citation for a bill?

    <p>Bill C-11, An Act to Amend the Copyright Act, 1st Sess, 41st Parl, 2011.</p> Signup and view all the answers

    What is the numbering system for government bills introduced in Parliament?

    <p>Numbered from 2-200.</p> Signup and view all the answers

    What tool provides information about every bill introduced in Canada since 1994?

    <p>LEGISinfo</p> Signup and view all the answers

    What is the primary difference between statutes and regulations?

    <p>Regulations provide details while statutes lay out principles.</p> Signup and view all the answers

    Which source provides the most convenient and up-to-date consolidated regulations?

    <p>Department of Justice website</p> Signup and view all the answers

    How often is the Canada Gazette, Part II published?

    <p>Every two weeks</p> Signup and view all the answers

    What citation format is used for the Consolidated Regulations of Canada from 1978?

    <p>CRC 1978</p> Signup and view all the answers

    What is the term used for the regulations created under Statutory Orders and Regulations (SOR)?

    <p>SOR Regulations</p> Signup and view all the answers

    What role do Members of the Legislative Assembly (MLAs) play in British Columbia's legislative process?

    <p>They draft and support new bills.</p> Signup and view all the answers

    Which of the following statements about the legislative process in British Columbia is true?

    <p>It has fewer steps due to one legislative house.</p> Signup and view all the answers

    What does the term 'loose-leaf updates' refer to in the context of regulations?

    <p>Physical amendments inserted into binders.</p> Signup and view all the answers

    What is the primary characteristic of Government bills?

    <p>They reflect the governing party’s policies and are introduced by a cabinet minister.</p> Signup and view all the answers

    Which type of bill is typically introduced by a backbench MLA or a member of an opposition party?

    <p>Member's Bill</p> Signup and view all the answers

    Which of the following is true about the numbering of bills in British Columbia?

    <p>Government Bills are numbered from 1 to 200.</p> Signup and view all the answers

    What is the legal citation format for a bill titled 'Teachers’s Act' in British Columbia?

    <p>Bill 12, Teachers’s Act, 4th Sess, 39th Leg, 2011, BC</p> Signup and view all the answers

    Where can one track the status of BC legislation?

    <p>Legislative Assembly of British Columbia online portal</p> Signup and view all the answers

    What is the official format of BC statutes when they are published as law?

    <p>Statutes of British Columbia, SB followed by the chapter number</p> Signup and view all the answers

    What resource provides an in-depth guide to the BC legislative process?

    <p>Legislation Made Easy</p> Signup and view all the answers

    What is the significance of the first reading, report, and third reading stages in the legislative process?

    <p>They are steps in the bill approval process.</p> Signup and view all the answers

    What must be included on the title page of the assignment?

    <p>Course code and section</p> Signup and view all the answers

    What is the penalty for turning in the assignment one day late?

    <p>25% deduction from the total grade</p> Signup and view all the answers

    Which of the following is a requirement for the assignment regarding information sourcing?

    <p>Briefly explain the research steps taken</p> Signup and view all the answers

    In which font style should the assignment be formatted?

    <p>Arial or Times New Roman</p> Signup and view all the answers

    What does the relationship between a statute and its regulations typically involve?

    <p>Regulations clarify and implement the statute's provisions.</p> Signup and view all the answers

    For the assignment, how many marks is the question regarding the date the Telecommunications Act received Royal Assent worth?

    <p>2 marks</p> Signup and view all the answers

    What implication does reviewing the consolidated version of statutes and regulations have for the assignment?

    <p>Guarantees accurate and updated information.</p> Signup and view all the answers

    What must a development comply with according to the National Parks of Canada Cottages Regulations?

    <p>Standards in the National Building Code and the Environmental Protection Code</p> Signup and view all the answers

    Under the Ontario Law Society Act, what is required to determine the last amendment date of subsection 27(1)?

    <p>Check the legislative history provided with the statute</p> Signup and view all the answers

    What is an imperative provision in legal terms?

    <p>A provision that requires specific actions to be taken</p> Signup and view all the answers

    How is the requirement for off-street parking spaces for cottages specified in the regulations?

    <p>Through an imperative provision that mandates a specific number</p> Signup and view all the answers

    Where can one locate the list of principles that the Law Society of Ontario must apply?

    <p>In the regulations established under the Law Society Act</p> Signup and view all the answers

    What is the significance of the amendment history of regulations like the one concerning fences and hedges?

    <p>It shows the changes in public policy approaches towards development</p> Signup and view all the answers

    What does subsections 31(1) and 31(2) provide in the Ontario Law Society Act?

    <p>Guidelines for ethical conduct of legal practitioners</p> Signup and view all the answers

    Which act governs the regulations regarding traffic control through red light cameras?

    <p>Highway Traffic Act</p> Signup and view all the answers

    Which court handles appeals from decisions made by the Canadian Radio-television and Telecommunications Commission?

    <p>Federal Court of Canada</p> Signup and view all the answers

    What primary purpose does a red light camera system serve at an intersection?

    <p>To photograph vehicles running red lights</p> Signup and view all the answers

    Which statement accurately describes the capability of a red light camera system?

    <p>It takes photographs when a vehicle approaches at a specific speed under a red light.</p> Signup and view all the answers

    What does the regulation imply when referring to 'detectable speed'?

    <p>A speed that can be reliably measured by the camera system</p> Signup and view all the answers

    Under which condition can a red light camera system take further photographs of a vehicle?

    <p>When a green indication is shown after the red light</p> Signup and view all the answers

    What characteristic defines the installation of a red light camera system?

    <p>It can be either permanently or temporarily installed.</p> Signup and view all the answers

    Which of the following is true regarding the angles from which a red light camera can take photographs?

    <p>It can take photographs from the same or different angles.</p> Signup and view all the answers

    What equipment may be included in a red light camera system as stated in the regulation?

    <p>One or more cameras along with associated equipment</p> Signup and view all the answers

    What would likely happen if a vehicle runs a red light and a red light camera captures it?

    <p>The driver receives a traffic ticket based on the evidence captured.</p> Signup and view all the answers

    Which of the following statements best describes the TraffiStar camera systems mentioned in the regulation?

    <p>They are interchangeable and refer to different models.</p> Signup and view all the answers

    Which of the following is the correct citation format for the Dairy Products Marketing Regulations?

    <p><em>Dairy Products Marketing Regulations</em>, SOR/94-466.</p> Signup and view all the answers

    What is the proper citation format for the Social Work and Social Service Work Act, 1998?

    <p><em>Social Work and Social Service Work Act, 1998</em>, S.O. 1998, c. 31.</p> Signup and view all the answers

    Which act corresponds to the citation Land Titles Repeal Act, S.C. 1993, c. 41?

    <p>Land Titles Repeal Act.</p> Signup and view all the answers

    What is the correct citation for the Guardianship of Veterans' Property Regulations?

    <p><em>Guardianship of Veterans' Property Regulations</em>, C.R.C., 1579 (1978).</p> Signup and view all the answers

    Identify the correct citation format for the Tax Rebate Discounting Act.

    <p><em>Tax Rebate Discounting Act</em>, RSC 1985, c. T-3.</p> Signup and view all the answers

    Which of the following is a proper way to cite the Construction Act?

    <p><em>Construction Act</em>, RSO 1990, c. 30.</p> Signup and view all the answers

    What is the appropriate citation for the regulation O.Reg. 426/06?

    <p><em>SMART METERS: COST RECOVERY</em>, O Reg 426/06.</p> Signup and view all the answers

    Which citation represents the Rules of Civil Procedure correctly?

    <p><em>Rules of Civil Procedure</em>, R.R.O. 1990, Reg. 194.</p> Signup and view all the answers

    Which case is correctly cited as it pertains to slip and fall injuries?

    <p><em>Vargas v Hamilton (City)</em>, 2020 ONSC 38.</p> Signup and view all the answers

    What should be the first step in identifying legal issues?

    <p>Identifying what the client seeks</p> Signup and view all the answers

    Which term is used to articulate the issues identified during legal research?

    <p>Whether</p> Signup and view all the answers

    What type of information can legal encyclopedias provide during research?

    <p>Technical terms and definitions</p> Signup and view all the answers

    What is an essential component of researching annotated statutes?

    <p>Understanding legislative intent</p> Signup and view all the answers

    Which of the following best describes a loose-leaf service?

    <p>A publication updated with current law changes</p> Signup and view all the answers

    What is the primary purpose of a legal research checklist?

    <p>To maintain focus and organization during research</p> Signup and view all the answers

    What is the primary purpose of using legal encyclopedias in legal research?

    <p>To interpret and discuss the primary law</p> Signup and view all the answers

    Which of the following is a typical limitation when identifying hidden issues in a legal fact situation?

    <p>The existence of procedural requirements</p> Signup and view all the answers

    Which category does the law fall under when discussing family disputes?

    <p>Family law</p> Signup and view all the answers

    Which feature makes annotated statutes particularly useful in legal research?

    <p>The interpretations and explanations of legal provisions</p> Signup and view all the answers

    What is a defining characteristic of loose-leaf services in legal publications?

    <p>They incorporate new pages throughout the year to stay current</p> Signup and view all the answers

    What is the significance of identifying the parties involved in a legal issue?

    <p>It influences the type of legal advice provided</p> Signup and view all the answers

    How do secondary sources assist in legal research?

    <p>They lead researchers to essential statutes and case law.</p> Signup and view all the answers

    What should one check once they find statutes or regulations in secondary sources?

    <p>If there are updates or case law interpreting them</p> Signup and view all the answers

    Which of the following is NOT a feature of Halsbury’s Laws of Canada?

    <p>Offers state-specific interpretations of laws</p> Signup and view all the answers

    Why is it important to use current textbooks in legal research?

    <p>They ensure accurate information relevant to current laws.</p> Signup and view all the answers

    Which technique is essential for identifying relevant legal issues in a client's problem?

    <p>Reviewing leading cases and their outcomes</p> Signup and view all the answers

    Why are legal encyclopedias important in legal research?

    <p>They provide comprehensive case summaries on a wide range of topics.</p> Signup and view all the answers

    What is a benefit of researching annotated statutes?

    <p>Annotations offer practical applications of statutes.</p> Signup and view all the answers

    What is the primary function of loose-leaf services in legal research?

    <p>To offer timely updates to legal texts.</p> Signup and view all the answers

    Which role do secondary sources play in legal research?

    <p>They offer broad commentary and analysis of legal issues.</p> Signup and view all the answers

    What is a crucial step to take after consulting secondary sources in legal research?

    <p>To compile information on case law and legislation.</p> Signup and view all the answers

    In organizing case law research, what should be prioritized?

    <p>Identifying leading cases advocating for your client’s position.</p> Signup and view all the answers

    How should researchers utilize note-up cases during their research process?

    <p>To see how prior decisions have been interpreted and applied.</p> Signup and view all the answers

    What should be done when a client’s legal issue does not appear to have supporting case law?

    <p>Explore similar fact patterns from different jurisdictions.</p> Signup and view all the answers

    What is the process called that lawmakers use to change existing statutes?

    <p>Amending acts</p> Signup and view all the answers

    Which of the following represents an official endorsement of an amending act?

    <p>Royal Assent</p> Signup and view all the answers

    In legal citation, which of the following indicates the act and its year of amendment correctly?

    <p>SC 2020, c 4: Financial Administration Act Amendments</p> Signup and view all the answers

    What is a legislative history in the context of statutes?

    <p>Annotations detailing the amendment information of a statute</p> Signup and view all the answers

    What is a consolidated statute?

    <p>A comprehensive compilation of statutes combining all amendments</p> Signup and view all the answers

    Which statement accurately describes an annual statute?

    <p>A statute intended to be enacted for one year only</p> Signup and view all the answers

    What does it mean for a statute to be 'in force'?

    <p>It has received Royal Assent and is implemented</p> Signup and view all the answers

    What is the main purpose of consolidated statutes?

    <p>To include all amendments made to a statute up to a specific date.</p> Signup and view all the answers

    Which statement correctly distinguishes between annual and consolidated statutes?

    <p>Annual statutes gather all acts passed in a specific year, while consolidated statutes update existing laws with amendments.</p> Signup and view all the answers

    Which of the following best characterizes the legislative history of statutes?

    <p>It outlines the specific dates when laws were enacted, amended, or repealed.</p> Signup and view all the answers

    What approach should be taken when citing statutes and regulations?

    <p>Citations must include both the original act and any subsequent amendments.</p> Signup and view all the answers

    What is a key feature of the Royal Assent process?

    <p>It confirms that a bill has successfully passed both legislative chambers.</p> Signup and view all the answers

    What is the role of the Governor General in the Federal Royal Assent process?

    <p>To authorize the creation of new laws.</p> Signup and view all the answers

    Which of the following methods can a statute come into force after receiving Royal Assent?

    <p>Upon Royal Assent, on a specified date, or by proclamation.</p> Signup and view all the answers

    What is required for an amendment to be made to a bill during the committee stage?

    <p>Majority agreement from committee members.</p> Signup and view all the answers

    What happens after a bill passes the third reading in one chamber of Parliament?

    <p>It is sent to the other chamber for the same process.</p> Signup and view all the answers

    What is the correct legal citation format for a bill titled 'Environmental Protection Act' introduced in Ontario?

    <p>Environmental Protection Act, 2001, SO 2001, c 10</p> Signup and view all the answers

    Which statement accurately describes the distinction between statutes and regulations?

    <p>Regulations are detailed directives issued under statutes.</p> Signup and view all the answers

    What is the significance of the Royal Assent stage in the legislative process?

    <p>It is when a bill is final and becomes law.</p> Signup and view all the answers

    What typically occurs during the second reading of a bill?

    <p>Members discuss and review the general principles of the bill.</p> Signup and view all the answers

    In the legislative process, what can influence the timeline for a statute to come into force?

    <p>Specific provisions in the statute itself.</p> Signup and view all the answers

    Which of the following statements about legislative history is true?

    <p>It tracks changes from the introduction of the bill to its final approval.</p> Signup and view all the answers

    What is a key characteristic of a short title citation in legal terms?

    <p>It allows for easier reference to legislation.</p> Signup and view all the answers

    Which of the following best describes a pinpoint citation?

    <p>A citation referencing a specific section of a statute.</p> Signup and view all the answers

    What is a primary difference between federal and provincial regulations?

    <p>Federal regulations apply to all provinces equally.</p> Signup and view all the answers

    Which format is commonly used for citing regulations?

    <p>Regulation Title, Regulation Number.</p> Signup and view all the answers

    What does statute chapter numbering signify?

    <p>The sequence of statutes within a specific legislative period.</p> Signup and view all the answers

    What is the purpose of a short title in a statute?

    <p>It serves as the official reference for citation purposes.</p> Signup and view all the answers

    How is a pinpoint citation formatted within legal documents?

    <p>Chapter number followed by section number.</p> Signup and view all the answers

    Which of the following statements is true regarding federal and provincial regulations?

    <p>Both levels can create statutes but have different scopes.</p> Signup and view all the answers

    What is a correct format for citing regulations under Canadian law?

    <p>Regulations cited with short title and section number.</p> Signup and view all the answers

    What does the chapter number in a statute indicate?

    <p>The sequence of statutes enacted in that legislative session.</p> Signup and view all the answers

    What information is typically found in the definitions or interpretation section of a statute?

    <p>Specific definitions of key terms used within the statute.</p> Signup and view all the answers

    What is NOT generally included in the application or scope section of a statute?

    <p>The historical context of the statute.</p> Signup and view all the answers

    Which element of a statute is considered 'housekeeping'?

    <p>Power to make regulations.</p> Signup and view all the answers

    What is the proper format for a short title citation of a statute?

    <p>Uses words 'This act may be cited as' to identify the title</p> Signup and view all the answers

    Which element is NOT included in a statute citation?

    <p>Section title</p> Signup and view all the answers

    What differentiates a federal statute citation from a provincial citation?

    <p>Federal statutes use 'SC' while provincial statutes use 'SO' or 'RSO'</p> Signup and view all the answers

    What does a pinpoint citation provide in a statute reference?

    <p>The specific location of a provision within the statute</p> Signup and view all the answers

    Which statement accurately reflects the difference between federal and provincial regulations?

    <p>Provincial regulations can be established by provincial bodies</p> Signup and view all the answers

    Which of the following is NOT a component of a regulation citation format?

    <p>Amendment history</p> Signup and view all the answers

    How is the chapter number of a statute typically represented in its citation?

    <p>By using 'c' followed by the number</p> Signup and view all the answers

    What is an important consideration when citing statutes that were not part of historical revisions?

    <p>They cannot be cited to the year of an earlier revision</p> Signup and view all the answers

    Which volume title abbreviation would be used when citing Revised Statutes of Ontario?

    <p>RSO</p> Signup and view all the answers

    What is the primary purpose of chapters in statute numbering?

    <p>To categorize statutes by subject</p> Signup and view all the answers

    What is the correct format for a Short Title Citation?

    <p>Title, Chapter Number, Year</p> Signup and view all the answers

    What distinguishes a Pinpoint Citation from a standard citation?

    <p>It includes specific provisions or sections.</p> Signup and view all the answers

    Which statement is true regarding federal versus provincial regulations?

    <p>Provincial regulations apply only within their respective province.</p> Signup and view all the answers

    How is the citation format for regulations typically structured?

    <p>Regulation Title, Chapter Number, Year</p> Signup and view all the answers

    What does the chapter number in a statute's citation represent?

    <p>The unique identifier for the statute in a particular year.</p> Signup and view all the answers

    In general legal context, what does a regulation provide?

    <p>Detailed procedures and rules developed under a statute.</p> Signup and view all the answers

    Which citation format is most commonly used for regulations enacted under federal law?

    <p>SOR (Statutory Orders and Regulations) Number, Year</p> Signup and view all the answers

    What is typically included in a legal citation for a statute?

    <p>The title, chapter number, section, and year.</p> Signup and view all the answers

    What is the role of a statutory provision in legal documentation?

    <p>To specify rules or requirements that must be followed.</p> Signup and view all the answers

    What is a defining characteristic of regulations compared to statutes?

    <p>Regulations provide detailed guidance on the interpretation of statutes.</p> Signup and view all the answers

    What is the purpose of a pinpoint reference in a case citation?

    <p>To provide a specific passage of the case</p> Signup and view all the answers

    Which situation requires the use of a CanLII citation when citing a case?

    <p>The case lacks both a neutral and a CanLII citation</p> Signup and view all the answers

    What does the abbreviation (SCC) indicate in a case citation?

    <p>Supreme Court of Canada</p> Signup and view all the answers

    In the context of case citation formats, what does a neutral citation provide?

    <p>The essential case information without any additional identifiers</p> Signup and view all the answers

    Which of the following describes the process of 'noting-up' a case?

    <p>Updating whether a case has been appealed or how it has been treated by subsequent courts</p> Signup and view all the answers

    What should be included at the end of a case citation when referencing a specific paragraph?

    <p>A pinpoint reference</p> Signup and view all the answers

    Where can you find jurisdiction abbreviations and court abbreviations?

    <p>In appendices provided in legal guides</p> Signup and view all the answers

    What does the letter 'R' signify in a criminal case citation?

    <p>Rex (The King)</p> Signup and view all the answers

    What is included in a CanLII citation when a neutral citation is available?

    <p>Court abbreviation in brackets</p> Signup and view all the answers

    Which of the following is a component of a case citation's style of cause?

    <p>The names of the parties involved</p> Signup and view all the answers

    What must be added to a citation when a neutral citation and CanLII citation are not available?

    <p>Online database citations</p> Signup and view all the answers

    In a CanLII citation, how is the level of court indicated when it's not clear from the citation itself?

    <p>By adding a note in brackets at the end</p> Signup and view all the answers

    Which abbreviation represents the Supreme Court in a citation format?

    <p>SCC</p> Signup and view all the answers

    What does the abbreviation 'ONCA' signify in a case citation?

    <p>Ontario Appeal Court</p> Signup and view all the answers

    What should be included in a case citation if the jurisdiction is not clear?

    <p>Jurisdiction and court information</p> Signup and view all the answers

    When citing a criminal case without a neutral or CanLII citation, what is the required format?

    <p>Two citations to an online database</p> Signup and view all the answers

    What does 'Ratio Decidendi' refer to in a judicial decision?

    <p>The principle of law that the case establishes</p> Signup and view all the answers

    What is included in the headnote of a case?

    <p>An editor’s summary of important aspects of the case</p> Signup and view all the answers

    In the context of legal citations, what does a neutral citation typically include?

    <p>Court name, year, and case number</p> Signup and view all the answers

    Which statement about appellate court decisions is TRUE?

    <p>Majority opinions are binding on lower courts.</p> Signup and view all the answers

    What is the significance of the term 'dissenting opinion'?

    <p>It provides an alternate legal interpretation.</p> Signup and view all the answers

    What is the role of the 'law or rule' section in a judicial decision?

    <p>To identify the applicable law and its sources.</p> Signup and view all the answers

    Which courts' decisions must be followed by lower courts based on the principle of vertical stare decisis?

    <p>Decisions from higher courts.</p> Signup and view all the answers

    What does 'leave to appeal' signify in the judicial process?

    <p>The court has granted permission to file an appeal.</p> Signup and view all the answers

    Which of the following best describes what 'obiter dicta' are?

    <p>Comments made by judges that are not essential to the ruling.</p> Signup and view all the answers

    What is the due date for the Case Briefing Assignment?

    <p>October 8, 2024 at 11:59 pm</p> Signup and view all the answers

    Which of the following is NOT a part of today's class objectives?

    <p>Analyzing historical legislative changes</p> Signup and view all the answers

    What does the term 'note up' a case refer to?

    <p>Updating a case to see how it has been cited or treated in later decisions</p> Signup and view all the answers

    Which type of order does NOT allow for an appeal to the Court of Appeal?

    <p>Order referred to in clause 19 (1) (a) or (a.1)</p> Signup and view all the answers

    Which of these acts is regulated under the Construction Act?

    <p>Land Titles Repeal Act</p> Signup and view all the answers

    What is the principle of stare decisis in the context of courts?

    <p>Decisions of higher courts are binding on lower courts.</p> Signup and view all the answers

    Which of the following describes the role of the ratio decidendi in a case?

    <p>The legal principle established by the case.</p> Signup and view all the answers

    What does the term 'headnote' refer to in legal cases?

    <p>An editor's summary of a case's facts and legal issues.</p> Signup and view all the answers

    What does it mean for a case to be 'distinguished' by a court?

    <p>The court refuses to apply the case due to differing issues.</p> Signup and view all the answers

    What is one important aspect of a dissenting opinion?

    <p>It presents an alternative reasoning to the majority opinion.</p> Signup and view all the answers

    What is the purpose of identifying the applicable law or rule in a court case?

    <p>To resolve the legal issues presented by the case.</p> Signup and view all the answers

    What is a 'leading case'?

    <p>A case that establishes the law in a specific area.</p> Signup and view all the answers

    What does the 'R' in criminal case citations typically represent?

    <p>Rex (The King)</p> Signup and view all the answers

    What is included in a CanLII citation when there is a neutral citation available?

    <p>The court's abbreviation in brackets</p> Signup and view all the answers

    What information must be provided if there is no neutral or CanLII citation available?

    <p>Two citations from an online database or case reporter</p> Signup and view all the answers

    In case citations, what does the term 'style of cause' refer to?

    <p>The name of the case and the parties involved</p> Signup and view all the answers

    What component must be included at the end of a case citation if jurisdiction and court information is not apparent?

    <p>Court level and name in round brackets</p> Signup and view all the answers

    What are the essential components that must be included in a case brief?

    <p>Facts, issues, law, reasons, ratio, and decision</p> Signup and view all the answers

    What is the primary purpose of a case brief?

    <p>To summarize the main parts of court decisions concisely</p> Signup and view all the answers

    What are neutral case citations used for?

    <p>To assign a unique reference to a case by the court that decided it</p> Signup and view all the answers

    What is one key difference between cases published online and those reported in print law reporters?

    <p>Only selectively chosen cases are published in print law reporters</p> Signup and view all the answers

    In a neutral citation, what does the chronological number represent?

    <p>The number of the case in the sequence decided that year</p> Signup and view all the answers

    Which part of a case brief specifically articulates the reasoning behind the decision of the court?

    <p>Reasons</p> Signup and view all the answers

    Which of the following best describes the format of a case brief?

    <p>A concise summary highlighting critical elements</p> Signup and view all the answers

    What format does the neutral citation 'R v Manning, 2013 SCC 1' follow?

    <p>Case title, year, abbreviation of court, and chronological number</p> Signup and view all the answers

    What is a significant criterion for marking case briefs in an assignment?

    <p>Conciseness of the summary</p> Signup and view all the answers

    How are the majority of legal cases published today?

    <p>Through online databases and court websites</p> Signup and view all the answers

    Which part of a case citation indicates the parties involved in a civil case?

    <p>The style of cause</p> Signup and view all the answers

    What does 'R' in a criminal case citation signify?

    <p>Regina</p> Signup and view all the answers

    What should you provide when there is no neutral citation available for a case?

    <p>Two citations to an online database or case reporter</p> Signup and view all the answers

    What is typically included at the end of a CanLII citation if a neutral citation is available?

    <p>The abbreviation of the court in brackets</p> Signup and view all the answers

    In a case that does not have a neutral citation, how is the CanLII citation formatted?

    <p>Year followed by 'CanLII', a number, and court abbreviation</p> Signup and view all the answers

    What is required to provide a pinpoint reference in a case citation?

    <p>It follows the citation, before jurisdiction and court details.</p> Signup and view all the answers

    What indicates that a case has a neutral citation?

    <p>The citation provides a clear year and court designation.</p> Signup and view all the answers

    What does the process of 'noting-up' a case involve?

    <p>Updating the case to ensure it is still relevant and recognized.</p> Signup and view all the answers

    When should two parallel citations be provided?

    <p>When the case lacks both a neutral and a CanLII citation.</p> Signup and view all the answers

    What is the outcome of consistently applying a case by subsequent courts?

    <p>The case is affirmed as still applicable.</p> Signup and view all the answers

    What is the first step in the issue spotting process?

    <p>Identify the issues arising from the facts on a preliminary basis.</p> Signup and view all the answers

    Which of the following is essential in legal research when determining the status of a case?

    <p>Checking if the case has been appealed or treated subsequently</p> Signup and view all the answers

    What should be included in your legal research checklist when considering primary law cases?

    <p>Leading cases that set out applicable law and similar issues</p> Signup and view all the answers

    When conducting case law research, how should you approach cases that are not helpful to your client's position?

    <p>You should analyze them in detail to understand their implications</p> Signup and view all the answers

    In the context of legal research, what is essential to keep track of while compiling information from secondary sources?

    <p>The sources consulted and their currency information</p> Signup and view all the answers

    What should be done after identifying cases during case law research?

    <p>Compile the cases into the applicable legislation and case law sections</p> Signup and view all the answers

    What is an important consideration when a charity publicly declares a campaign successfully ended without all donations secured?

    <p>Public declarations can complicate donor relationships if funds are not secured</p> Signup and view all the answers

    What is the primary focus when identifying issues in a legal scenario?

    <p>The relevant area of law and facts</p> Signup and view all the answers

    Which word should precede the issues when formulating them?

    <p>Whether</p> Signup and view all the answers

    What might indicate the presence of hidden issues in a legal fact situation?

    <p>Existence of special procedural requirements</p> Signup and view all the answers

    What is essential before proceeding with legal research?

    <p>Having a research plan</p> Signup and view all the answers

    Which of the following is NOT a type of secondary source to be consulted in legal research?

    <p>Case law decisions</p> Signup and view all the answers

    When determining applicable laws, one should first estimate which area of law?

    <p>An educated guess based on the fact situation</p> Signup and view all the answers

    What might necessitate further research beyond initial identification of issues?

    <p>Need for more facts or legal statuses of parties involved</p> Signup and view all the answers

    What does the research checklist primarily serve to do?

    <p>Ensure thoroughness in research</p> Signup and view all the answers

    Which statement best describes the nature of the research process in legal studies?

    <p>It often leads to the discovery of unconsidered issues.</p> Signup and view all the answers

    Which of these areas of law must be identified as relevant before diving deeper into legal research?

    <p>All of the above</p> Signup and view all the answers

    What is a key objective of today’s class?

    <p>To locate judicial decisions online.</p> Signup and view all the answers

    Which part of a judicial decision is most crucial for determining its outcome?

    <p>The opinion section.</p> Signup and view all the answers

    Which of the following is a correct statement about the appeal process to the Court of Appeal?

    <p>Leave is required for appeals on specific non-factual questions.</p> Signup and view all the answers

    In the context of the Case Briefing Assignment, when is the deadline for submission?

    <p>October 8, 2024, at 11:59 pm.</p> Signup and view all the answers

    Which citation format is used to cite the Tax Rebate Discounting Act?

    <p>R.S.C., 1985, c.T-3</p> Signup and view all the answers

    What does 'note up' a case entail?

    <p>Examining how a case has been cited in other cases.</p> Signup and view all the answers

    What is the role of the ratio decidendi in a judicial decision?

    <p>It states the legal principles that have been established.</p> Signup and view all the answers

    Which term refers to a court applying a previous case due to similar facts?

    <p>Case was followed</p> Signup and view all the answers

    In the context of Canadian law, what does the principle of stare decisis primarily ensure?

    <p>Lower courts are bound by decisions made by higher courts.</p> Signup and view all the answers

    What does the term 'concurring opinion' signify in judicial decisions?

    <p>An agreement with the majority but for different reasons.</p> Signup and view all the answers

    Which of the following components outlines the legal question that the court needs to resolve?

    <p>Issues</p> Signup and view all the answers

    What is typically found at the beginning of a judicial decision and explains why the case is before the court?

    <p>Purpose</p> Signup and view all the answers

    Which type of opinion is written by judges who disagree with the majority ruling?

    <p>Dissenting opinion</p> Signup and view all the answers

    What role does the headnote serve in a judicial case?

    <p>It is an editor's explanation or summary of the case.</p> Signup and view all the answers

    What does 'R' signify in a criminal case citation?

    <p>Rex (The King)</p> Signup and view all the answers

    Which component is NOT required in a case citation according to the McGill Guide if there is no neutral or CanLII citation?

    <p>Court's decision type</p> Signup and view all the answers

    In a CanLII citation, what is typically included when there is no neutral citation available?

    <p>Year of decision, CanLII number, and court abbreviation</p> Signup and view all the answers

    When citing a case, where should the jurisdiction and court information be placed in the citation?

    <p>In round brackets at the end</p> Signup and view all the answers

    Which of the following is true about civil case citations?

    <p>The parties are separated by 'v', meaning 'versus'.</p> Signup and view all the answers

    What does a neutral citation represent in legal documents?

    <p>A reference to a court's decision without additional details.</p> Signup and view all the answers

    What are the main components that should be included in a case brief?

    <p>Facts, issues, laws, reasons, ratio, and decision</p> Signup and view all the answers

    What is the purpose of a case brief?

    <p>To summarize the main parts of the decision clearly and concisely</p> Signup and view all the answers

    Which type of citation includes the style of cause, year, abbreviation of the court, and a chronological number?

    <p>Neutral Case Citation</p> Signup and view all the answers

    Which of the following statements about case publication is true?

    <p>Only select cases are published online or in print</p> Signup and view all the answers

    Which of the following is an example of a law reporter?

    <p>Ontario Reports</p> Signup and view all the answers

    In a case brief assignment, what aspect will you be marked on?

    <p>The conciseness of your summary</p> Signup and view all the answers

    What does the term 'ratio' refer to in a case brief?

    <p>The legal principle derived from the case</p> Signup and view all the answers

    What is meant by the term 'brief' in the context of a case brief?

    <p>A concise summary of key decision elements</p> Signup and view all the answers

    Which of the following describes a neutral citation example correctly?

    <p>R v Manning, 2013 SCC 1</p> Signup and view all the answers

    Which aspect of a case brief is NOT typically included?

    <p>Legal implications</p> Signup and view all the answers

    What is the main advantage of using point-first writing in legal writing?

    <p>It makes the conclusion clear from the beginning.</p> Signup and view all the answers

    Which statement best describes the role of active voice in legal writing?

    <p>It emphasizes the actions of the subject for clearer communication.</p> Signup and view all the answers

    Why is accurate citation crucial in legal research?

    <p>It ensures clarity by preventing misinterpretation of the sources.</p> Signup and view all the answers

    Which of the following best represents a primary source in legal research?

    <p>A court decision from a recent case.</p> Signup and view all the answers

    What is the primary structure of the McGill Guide for legal citation?

    <p>It outlines rules for citing various types of legal sources.</p> Signup and view all the answers

    What is the first step in the legal research process?

    <p>Identify the issue(s) in a legal problem</p> Signup and view all the answers

    Which category of sources helps clarify and understand law by providing commentary and analysis?

    <p>Secondary sources</p> Signup and view all the answers

    What is crucial to do when the applicable law may have changed since the last research?

    <p>Update the applicable law</p> Signup and view all the answers

    What does statutory law encompass?

    <p>Laws expressed in formally enacted statutes</p> Signup and view all the answers

    Which step in the legal research process directly involves applying the gathered information to specific case facts?

    <p>Applying the law</p> Signup and view all the answers

    Which element is typically NOT a part of the Canadian legislative process?

    <p>Judicial Review</p> Signup and view all the answers

    What type of legal source would include regulations established by municipal by-laws?

    <p>Local ordinances</p> Signup and view all the answers

    Which of the following statements about the legislature is true?

    <p>It consists of both federal and provincial bodies.</p> Signup and view all the answers

    When defining the research plan, what factor should be prioritized?

    <p>Complexity of the issue(s) involved</p> Signup and view all the answers

    What does it mean to apply the law in the context of the legal research process?

    <p>Finding how the law impacts specific facts of a legal problem</p> Signup and view all the answers

    What distinguishes primary sources of law from secondary sources of law?

    <p>Primary sources are the actual laws, while secondary sources assist in finding them.</p> Signup and view all the answers

    Which of the following is considered a secondary source of law?

    <p>Legal encyclopedias</p> Signup and view all the answers

    What role does the Supreme Court of Canada play within the Canadian legal system?

    <p>It is the highest court in Canada with final appellate jurisdiction.</p> Signup and view all the answers

    Why are secondary sources important in legal research?

    <p>They help in understanding and interpreting primary sources.</p> Signup and view all the answers

    Which statement about civil law is accurate?

    <p>Civil law is based on a civil code and is only practiced in Québec.</p> Signup and view all the answers

    Which of the following correctly describes jurisdiction?

    <p>The limit of a court's power to hear specific types of cases.</p> Signup and view all the answers

    What should be cited as a source for a provision of a statute?

    <p>The statute itself.</p> Signup and view all the answers

    In the context of legal writing, what characterizes effective citation?

    <p>Incorporating both primary and secondary sources appropriately.</p> Signup and view all the answers

    What does the doctrine of precedent in the Canadian court system entail?

    <p>Lower courts must follow decisions of higher courts.</p> Signup and view all the answers

    In good legal writing, what is an essential element of clarity?

    <p>Adoption of plain language to enhance understanding.</p> Signup and view all the answers

    Which statement best describes the role of the Supreme Court of Canada within the legal hierarchy?

    <p>It serves as the final appeal destination for cases from the Federal Court of Appeal.</p> Signup and view all the answers

    Which of the following principles is NOT emphasized in good legal writing according to the McGill Guide?

    <p>Elaboration on every point discussed</p> Signup and view all the answers

    What type of appeals are handled by the Federal Court of Appeal in Canada?

    <p>Appeals from the Federal Court and the Tax Court of Canada.</p> Signup and view all the answers

    What is meant by 'point-first' writing in legal documents?

    <p>Presenting the main argument or conclusion at the beginning of the text.</p> Signup and view all the answers

    Which type of tribunal decisions can be appealed or judicially reviewed based on their origin?

    <p>Provincial and federal tribunal decisions can be appealed by different courts.</p> Signup and view all the answers

    What is a key advantage of adopting plain language in legal writing?

    <p>Ensures that clients can understand the legal processes involved.</p> Signup and view all the answers

    Which of the following best defines 'primary sources' in legal research?

    <p>Official legal documents like statutes and court decisions.</p> Signup and view all the answers

    What is the primary purpose of writing a legal memorandum?

    <p>To assist in understanding an area of law and advising on it</p> Signup and view all the answers

    Which step should be taken first when analyzing a legal issue in a fact situation?

    <p>Identify the legal issue(s)</p> Signup and view all the answers

    What type of sources should primarily be relied upon after secondary sources to address legal issues?

    <p>Primary sources including statutes and case law</p> Signup and view all the answers

    In what tone should a legal memorandum be written?

    <p>Impartial and objective</p> Signup and view all the answers

    Which of the following is an implication of a law being considered overbroad?

    <p>It fails to connect the law's purpose with its individual effects</p> Signup and view all the answers

    What is the advantage of using the active voice in legal writing?

    <p>It is generally more confident and direct</p> Signup and view all the answers

    Which of the following is not a step in the process of writing a legal memorandum?

    <p>Advocating strongly on a client's behalf</p> Signup and view all the answers

    What is a common use of secondary sources in legal research?

    <p>To assist in understanding complex legal principles</p> Signup and view all the answers

    Which secondary source is beneficial for finding statutes, regulations, and case law interpretations?

    <p>Legal encyclopedias</p> Signup and view all the answers

    What important characteristic distinguishes annotated statutes from regular statutes?

    <p>They include interpretations and analysis of provisions.</p> Signup and view all the answers

    What is a primary purpose of using loose-leaf services in legal research?

    <p>To offer regular updates throughout the year</p> Signup and view all the answers

    In legal writing, what does 'point-first' writing emphasize?

    <p>Placing conclusions at the beginning of paragraphs</p> Signup and view all the answers

    How should a legal memorandum be structured concerning citations?

    <p>In-text citations must be employed.</p> Signup and view all the answers

    Why is it important to read supplements of legal encyclopedias such as Halsbury’s?

    <p>They provide updates on important legal changes.</p> Signup and view all the answers

    What should a legal researcher ensure about the statutes and regulations they are relying on?

    <p>They must confirm they are updated.</p> Signup and view all the answers

    When using a legal encyclopedia, which tool helps in identifying specific laws and cases?

    <p>Companion Guides and Consolidated Index</p> Signup and view all the answers

    What is the primary goal of issue spotting in law?

    <p>To identify relevant legal issues present in a situation</p> Signup and view all the answers

    What should be avoided to enhance the clarity of legal writing?

    <p>Incorporating unnecessary legal jargon</p> Signup and view all the answers

    Which resource is typically updated annually and provides current interpretations of statute?

    <p>Annotated statutes</p> Signup and view all the answers

    What should be the starting point when formulating legal issues?

    <p>Writing the issues starting with the word 'whether'</p> Signup and view all the answers

    Which of the following best describes the use of secondary sources in legal research?

    <p>They help to simplify complex legal concepts and provide context.</p> Signup and view all the answers

    Which step is essential for assessing hidden issues during issue spotting?

    <p>Determining the parties involved in the situation</p> Signup and view all the answers

    What is a key component of a well-structured legal memorandum?

    <p>A clear articulation of the identified issues and relevant law</p> Signup and view all the answers

    What is the first step to effectively research case law?

    <p>Utilize specific search terms and filters.</p> Signup and view all the answers

    In legal writing, what section is primarily utilized to apply the law to the facts of a case?

    <p>Discussion</p> Signup and view all the answers

    When preparing a legal memorandum, which of the following is NOT a required component?

    <p>Witness testimony</p> Signup and view all the answers

    What is the purpose of noting up cases during legal research?

    <p>To see how the cases have been treated in subsequent rulings.</p> Signup and view all the answers

    Which of the following statements about statutory law is correct?

    <p>Statutes consist of fixed criteria that applicants must satisfy.</p> Signup and view all the answers

    What should be included in the discussion section of a legal memo regarding case law?

    <p>Analysis of how the law applies to the given situation.</p> Signup and view all the answers

    Which of the following statements best describes a secondary source of law?

    <p>It is an opinion or commentary on primary law sources.</p> Signup and view all the answers

    How should a legal writer approach applying statute XYZ in a case?

    <p>By outlining each criterion clearly and assessing the client's ability to meet them.</p> Signup and view all the answers

    In the context of a legal memo, what is the significance of the 'Issue(s)' section?

    <p>It identifies the specific legal questions that need to be resolved.</p> Signup and view all the answers

    What is a common error students make when conducting case law research?

    <p>Using broad search terms to gather as many cases as possible.</p> Signup and view all the answers

    What are the key elements included in a neutral citation?

    <p>Case name, year, court abbreviation, chronological number</p> Signup and view all the answers

    Which of the following describes the 'ratio' in a case?

    <p>The legal reasoning that leads to the decision</p> Signup and view all the answers

    What is the primary purpose of the doctrine of precedent in legal cases?

    <p>To ensure uniformity and predictability in legal decisions</p> Signup and view all the answers

    Which part of a case briefing outlines the context and background leading to the case?

    <p>Procedural History</p> Signup and view all the answers

    Which is NOT a type of opinion found in judicial decisions?

    <p>Judicial opinion</p> Signup and view all the answers

    What skill will students develop by pulling issues out of a fact pattern?

    <p>Issue spotting skills</p> Signup and view all the answers

    What is the first step in identifying legal issues in a fact situation?

    <p>Establishing what the client is seeking</p> Signup and view all the answers

    How should legal issues be formulated in documentation?

    <p>By beginning with the word 'whether'</p> Signup and view all the answers

    Which of the following is not a consideration for identifying hidden issues?

    <p>The historical context of the law</p> Signup and view all the answers

    What is an essential part of the legal research process once issues are identified?

    <p>Making an educated guess about the area of law involved</p> Signup and view all the answers

    Which of the following elements is least important in compiling a legal research checklist?

    <p>Noting down personal opinions on the law</p> Signup and view all the answers

    What characteristic is significant to remember about the legal research process?

    <p>The process is often iterative and non-linear</p> Signup and view all the answers

    What does the abbreviation 'R' signify in a criminal case citation?

    <p>Regina (The King)</p> Signup and view all the answers

    In the absence of both neutral and CanLII citations, what is the recommended citation method according to the McGill Guide?

    <p>Include two online database citations</p> Signup and view all the answers

    Which component of a case citation indicates the name of the parties involved?

    <p>Style of Cause</p> Signup and view all the answers

    How is a CanLII citation typically structured when a neutral citation is available?

    <p>Neutral citation followed by (CanLII)</p> Signup and view all the answers

    What should be included at the end of a case citation to clarify jurisdiction and court information?

    <p>Round brackets containing jurisdiction and court info</p> Signup and view all the answers

    Which citation format is NOT correct when referencing a case with both neutral and CanLII citations?

    <p>Borowski v Canada (AG), 1989 CarswellSask 241 (SCC)</p> Signup and view all the answers

    What is typically placed before the case name in criminal case citations?

    <p>R</p> Signup and view all the answers

    What components are NOT typically included in a CanLII citation when both neutral and CanLII citations are present?

    <p>Court level of the decision</p> Signup and view all the answers

    What is the purpose of providing a pinpoint reference in a case citation?

    <p>To specify a particular passage or point in the case</p> Signup and view all the answers

    In which situation would you provide a CanLII citation for a case?

    <p>When the case has no neutral citation but has a CanLII citation</p> Signup and view all the answers

    What does 'noting-up' a case involve?

    <p>Researching if the case has been appealed and how it has been treated by later courts</p> Signup and view all the answers

    Which step is NOT part of the issue spotting process?

    <p>Finding related statutes and regulations</p> Signup and view all the answers

    What does the abbreviation (SCC) indicate in a case citation?

    <p>Supreme Court of Canada</p> Signup and view all the answers

    When citing a case without a neutral citation or a CanLII citation, what should be provided?

    <p>Two parallel citations</p> Signup and view all the answers

    Why is it important to see how a case has been treated by subsequent courts?

    <p>To understand its influence on future rulings</p> Signup and view all the answers

    Which of the following describes the first step in the issue spotting process?

    <p>Identifying issues from the case facts on a preliminary basis</p> Signup and view all the answers

    What key information does a neutral citation provide?

    <p>The court's decision and the year of the ruling</p> Signup and view all the answers

    What does identifying hidden issues in the issue spotting process entail?

    <p>Finding issues that are not immediately apparent or obvious</p> Signup and view all the answers

    Study Notes

    The Legislative Process in Canada

    • Both the House of Commons and the Senate have to approve a bill for it to become an Act.
    • The Senate is often referred to as the "House of sober second thought" as it reviews bills already passed by the House of Commons.
    • Bills are numbered according to the order they are introduced and their type (C-11 for Commons, S-4 for Senate).
    • Government bills are numbered 2-200, private or opposition bills are numbered 201 onward.
    • Bills that do not pass before Parliament is dissolved for an election or prorogued (suspended) are discarded and must be reintroduced.

    Tracking Federal Legislation

    Types of Federal Bills

    • Government (Public): Reflects the governing party's policies and are introduced by a cabinet minister.
    • Private: Affect specific individuals or organizations and are sponsored by any MLA.
    • Member's: Have a public scope but are sponsored by a backbench MLA or member of an opposition party, rather than a cabinet minister. These rarely pass into law.

    Tracking BC Legislation

    • The Legislative Assembly of British Columbia (www.leg.bc.ca/legislation/bills) tracks the status of bills back to 1992.
    • QPLlegalEze (cufts2.lib.sfu.ca/CRDB/BSKC/resource/11421) provides the current status of all BC bills and links to Hansard debates.

    BC Statutes

    • Annual bound volumes of the Statutes of British Columbia (SBC) are available at the Surrey campus library.
    • The print copy is the official version of the statutes.

    Federal Regulations

    • Regulations can be found in the Canada Gazette, Part II (www.gazette.gc.ca/rp-pr/p2/index-eng.html).
    • The Consolidated Regulations of Canada (CRC 1978) are also a source of regulations.
    • The Department of Justice website (laws-lois.justice.gc.ca/eng/regulations/) provides an up-to-date and official source of consolidated regulations.

    British Columbia Statutes

    • The provincial legislative process mirrors the federal process, but only involves one house: the Legislative Assembly.
    • Elected representatives are called Members of the Legislative Assembly (MLA). ### 

    Statutes and Regulations Relationship

    • Statutes provide the framework for legislation, outlining broad principles and setting out general rules.
    • Regulations are detailed rules made under the authority of a statute, providing the specific and practical application of the statute's broader principles.

    Telecommunications Act, SC 1993, c 38

    • Received Royal Assent on June 29, 1993. This information can be found on the Justice Laws website, within the details of the statute.
    • Last amended by the Telecommunications Act, 2006, SC 2006, c 34. This information can be found on the Justice Laws website, in the "Amendments" section for the statute.
    • Defines "telecommunications service" as a service that transmits information through a telecommunications system, including services like television, radio, and telephone. This definition can be found in section 2 of the statute, under the definition section.
    • Appeals from decisions of the Canadian Radio-television and Telecommunications Commission proceed to the Federal Court of Appeal. This information is found in section 58 of the statute.
    • The long title of the statute is "An Act to amend the Telecommunications Act and to enact the Telecommunications Act, 1993." This information can be found on the first page of the statute.

    Ontario Law Society Act, RSO 1990, c L.8

    • Subsection 27(1) was last amended by the Courts of Justice Act, 2006, SO 2006, c 12. This information can be found on e-Laws, in the history section for this subsection.
    • There have been 16 regulations made under this statute, made in 1990. This information can be found on e-Laws, in the "Regulations" section for the statute.
    • The list of principles applied by the Law Society of Ontario can be found in section 6 of the Act, under the section titled "Principles to be Applied."
    • Subsection 5(1) provides that the Law Society may do certain things, making it a permissive provision. The provision does not dictate that the Law Society must do these things; it merely grants them the power to do so.
    • Subsections 31(1) and 31(2) outline the process for appeals from the Law Society of Ontario. Subsections 31(1) states that any person aggrieved by a decision made in accordance with subsection 30(1) may appeal to the Divisional Court of the Ontario Superior Court of Justice. Subsections 31(2) details the process for filing an appeal.

    National Parks of Canada Cottages Regulations, SOR/79-398

    • This regulation applies to all lands within the National Parks of Canada, including cottages, structures, and development on cottage lots. This information can be found in the "Application" section of the regulation.
    • Developments must comply with the standards set out in the National Building Code of Canada and the National Fire Code of Canada. This information is found in section 3 of the regulation.
    • A cottage lot is required to have at least two off-street parking spaces. This information is found in section 4 of the regulation. This is an imperative provision, as it indicates that the cottage lot "must" have parking spaces.
    • The section dealing with fences and hedges was amended by SOR/2015-219. This information can be found in the "Amendments" section of the regulation.
    • This regulation is made under the National Parks Act, RSC 1985, c N-14. Additional regulations under this Act can be found on Justice Laws in the "Regulations" section for the National Parks Act.

    O Reg 277/99: Red Light Camera System Evidence

    • "Part XIV.2 of the Act" refers to Part XIV.2 of the Highway Traffic Act, RSO 1990, c H.8. This information can be found within the regulation itself.
    • "Detectable speed" in subsection 2(1)(b) refers to a speed that can be detected by the red light camera system, allowing it to trigger the capture of photographs. This interpretation is based on the context of the provision, which deals with the operation of the red light camera system.
    • The red light camera system is not required to take photographs from the same angles. This information is found in subsection 2(3), which states that the system "may" take photographs from different angles.
    • Penalties that cannot be imposed if a person is convicted as the owner of a vehicle include driver’s licence suspension and imprisonment or a probation order. This information is found in section 205.24(1) of the Highway Traffic Act.
    • Legal citations follow specific formatting rules, as outlined in the McGill Guide
    • The McGill Guide provides detailed information about the proper formatting of citations in legal documents
    • The examples below use McGill Guide style citations
    • The text states that the source for these examples is "Justice Laws or e-Laws"

    Canadian Legislation Citation Examples

    • Tax Rebate Discounting Act, RSC 1985, c T-3.
    • Guardianship of Veterans' Property Regulations, CRC, 1579 (1978).
    • Dairy Products Marketing Regulations, SOR/1994-466.
    • Land Titles Repeal Act, SC 1993, c 41.
    • Social Work and Social Service Work Act, 1998, SO 1998, c 31.
    • Construction Act, RSO 1990, c C.30.
    • Smart Meters: Cost Recovery, O Reg 426/06.
    • Rules of Civil Procedure, RRO 1990, Reg 194.

    Canadian Case Law Citations

    • Vargas v Hamilton (City), 2020 ONSC 38 - the plaintiff sued the City for injuries sustained during a slip and fall accident on a sidewalk
    • Martin v Mailhot, 2020 ONCA 480 - the case examines whether a termination notice for a commercial lease was deficient under the Ontario Commercial Tenancies Act

    Using Secondary Sources

    • Secondary sources are a great place to start for learning about a new area of law
    • Consult resources like:
      • Legal encyclopedias (Halsbury’s Laws of Canada or the Canadian Encyclopedic Digest)
      • Annotated statutes
      • Textbooks
      • Loose-leaf services
      • Journal articles
      • Dictionaries

    Using Secondary Sources: Their Value

    • Secondary sources can guide you to:
      • Statutes, regulations, and/or bylaws
      • Case law that applies to your research topic
    • Important: Remember that secondary sources are not the law, they explain and interpret primary law.
    • After finding statutes, regulations, or bylaws, ensure they're up-to-date
    • Determine if there's any case law interpreting or invalidating parts of the statutes and regulations

    Halsbury’s Laws of Canada

    • Halsbury's focus is Canada-wide, with volumes organized into specific legal areas
    • Each Halsbury's title lists statutes, statutory instruments, and cases referenced within the title

    Halsbury’s Laws of Canada: Currency

    • The currency date of a Halsbury's volume is usually at the front of the title
    • Halsbury’s volumes are regularly updated to maintain currency
    • Updates are released as supplements, which are separate volumes usually placed at the end of the set
    • Read supplements to stay up-to-date on changes to the law, clarifications, etc.

    Annotated Statutes

    • Annotated codes provide information about specific statutes
    • Published annually to ensure currency
    • Can include interpretations of specific provisions, explanations, analyses and references to cases interpreting the statute.

    Loose-Leaf Services

    • Loose-leaf publications are printed books with regular updates throughout the year
    • Updates include new pages incorporated into the book, keeping it up-to-date
    • Found on a wide range of legal topics.

    Textbooks and Dictionaries

    • Don’t undervalue textbooks and dictionaries
    • Choose current textbooks, avoiding outdated editions
    • Black’s Law Dictionary is available on Westlaw, and Barron’s Canadian Law Dictionary is available on Quicklaw.

    Neutral Case Citations

    • Example: R v Manning, 2013 SCC 1
    • The neutral citation is assigned by the court that made the decision
    • It has four elements:
      • Case name
      • Year of the decision
      • Abbreviation of the court or tribunal
      • Chronological number representing the decision's position in the sequence of cases decided that year

    Neutral Citation Example

    • Example: Martinez v Human Rights Tribunal of Ontario, 2024 ONSC 2723

    Amending Statutes

    • Lawmakers use amending acts to amend existing statutes.
    • The process for amending acts is the same as introducing a new bill.
    • Amending acts incorporate amendments into the consolidated version of a statute.
    • Amending acts specify which sections of which statutes they are amending.
    • The legislative history of a statute details amendments made to its provisions.

    Federal Law Making Process

    • Canada has a bicameral legislature (House of Commons and Senate).
    • A bill is introduced in either the House of Commons (denoted by C-) or the Senate (denoted by S-).
    • A bill undergoes three readings in the chamber where it is introduced.
    • The committee stage allows for extensive study and amendments to the bill.
    • If a bill passes the third reading in both chambers, it receives Royal Assent from the Governor General.

    Ontario Law Making Process

    • A bill is introduced to the Ontario Legislative Assembly and goes through three readings.
    • The committee and report stage allows for study and amendments to the bill.
    • After the third reading, the bill receives Royal Assent from the Lieutenant Governor.

    Royal Assent and Coming into Force

    • Royal Assent is the authorization of a new law by the Queen's representative (Governor General for federal, Lieutenant Governor for provincial).
    • A statute becomes law upon receiving Royal Assent.
    • A statute does not necessarily come into force upon receiving Royal Assent.
    • Statutes can come into force upon Royal Assent, on a specified date, or upon proclamation.

    Regulations

    • Provinces can delegate legislative authority to municipalities.
    • Municipalities legislate by passing bylaws.

    Annual and Consolidated Statutes

    • Annual statutes are statutes passed in a given year.
    • Annual statutes reflect the original version of the statute without amendments.
    • Consolidated statutes incorporate amendments made to a statute up to a currency date.

    Revised Statutes and Regulations

    • Large-scale revisions of statutes consolidate amendments over a certain time period.
    • These revisions were historically published in print volumes.
    • The last federal revision was in 1985 and the last Ontario revision was in 1990.

    Publication of Federal Annual Statutes

    • Annual volumes collect statutes passed by Parliament in a given year.
    • These volumes are printed and designated with the year.
    • For example, SC 2012 contains statutes passed in 2012.

    Statute Title

    • The title should be in italics
    • Use the short title when citing
    • Look for the words "This act may be cited as..." to find the short title
    • If the year is included, it should be included in the title

    Statute Citation

    • Include the statute title, volume title abbreviation, chapter number, and section number

    Statute Volume Title Abbreviation

    • RSC = Revised Statutes of Canada
    • SC = Statutes of Canada
    • RSO = Revised Statutes of Ontario
    • SO = Statutes of Ontario
    • CRC = Consolidated Regulations of Canada
    • RRO = Revised Regulations of Ontario

    The Basic Parts of a Statute

    • Title: Can be long or short
    • Preamble or Purpose: Explains why the statute was enacted
    • Definitions or Interpretation: Defines the terms used in the statute, including "person", "child", and "member".
    • Application or Scope: Explains where the statute applies
    • Body: Outlines the actual law (can be broken down into parts, sections, subsections, paragraphs, and subparagraphs)
    • Power to Make Regulations: Outlines who can create regulations under the statute
    • Coming Into Force or Commencement: Explains when and how the statute comes into force

    Statutory Language

    • "May": the person or entity is permitted to do something
    • "Must" or "Shall": the person or entity is required to do something
    • "Except": an exemption or exception is being stated
    • "And": both conditions must be met
    • "Or": only one condition needs to be met
    • "Notwithstanding": regardless of or despite other laws or provisions.
    • "Delegate": Giving the power to do something to someone

    Reading Statutes and Regulations

    • Start by asking questions about the provision:
      • What does the statute deal with?
      • What does the provision specifically deal with?
      • Who is the provision directed towards?
      • Does the provision order, prohibit, or permit something? If so, under what circumstances?
      • Does this provision include a penalty for failure to follow it?
    • Read all subsections, as they may include exceptions or additional criteria.
    • Read sections before and after the provision.
    • Glance back at the definitions/interpretation section.
    • Look at regulations created under the statute.
    • Copy provisions word for word in quotation marks and cite them appropriately.
    • Conduct case law research for unclear words or phrases.

    Breaking Down a Statutory Provision

    • The body of a statute is built in a specific structure:
      • PART I (written as I, II, III, IV, etc.)
      • 15. Section (written as 1., 2., 3., 4., etc.)
      • (1) Subsection (written as (1), (2), (3), (4), etc.)
      • (a) Paragraph (written as (a), (b), (c), (d), etc.)
      • (i) Subparagraph (written as (i), (ii), (iii), etc.)

    Case Citations

    • Citations used in legal documents must be updated to ensure accuracy and reflect the case's legal standing.
    • Neutral citations are preferred when available.
    • CanLII citations are used if a neutral citation is not available.
    • When neither a neutral nor CanLII citation exists, two citations from online databases or case reporters should be provided.

    Components of a Case Citation

    • Style of Cause: Identifies the parties involved in a case.
    • Jurisdiction and Court: Indicates the specific court that issued the decision.
    • Pinpoint: Used to refer to a specific passage or section in a case.

    Updating Cases

    • "Noting-up" refers to the process of checking for any appeals and subsequent treatment of a case by other courts.
    • This ensures the case remains relevant and reflects the current legal landscape.

    Finding Cases Online

    • CanLII: A website that provides free access to Canadian legal information, including case law.
    • Keyword Search: A function on CanLII which allows users to find cases based on specific search terms.

    Case Citations: Style of Cause

    • In civil cases, the parties are separated by "v," which signifies "against."
    • In criminal cases, "R" stands for "Rex" (The King).

    Case Citations: Jurisdiction and Court Information

    • When a case citation lacks a neutral citation and the jurisdiction and court information are not evident, it must be provided at the end of the citation enclosed in parentheses.
    • Example: Fucella v Ricker (1982), 35 OR (2d) 423 at 426 (H Ct J).

    The Court System: Stare Decisis

    • Stare Decisis: Legal principle that establishes precedent, which means that decisions of higher courts bind those of lower courts (vertical stare decisis) and previous decisions made by a court should guide its future decision-making (horizontal stare decisis).

    Appellate Courts

    • Appellate Court: A court that reviews decisions made by lower courts.
    • Leave to Appeal: Seeking permission from a higher court to hear an appeal.
    • Appeal Allowed: The appellate court has disagreed with the lower court's decision.
    • Appeal Dismissed: The appellate court has agreed with the lower court's decision.
    • Case Followed: A court applied a past case (precedent) in its ruling.
    • Case Distinguished: A court did not apply a precedent due to a difference in facts or issues.
    • Case Overruled: A court reversed a decision made in an earlier case.

    Decisions and Opinions

    • Majority Opinion: The decision agreed upon by a majority of judges in a case.
    • Concurring Opinion: A judge's decision that agrees with the majority's conclusion but offers different reasons.
    • Dissenting Opinion: A judge's opinion that disagrees with the majority's decision.
    • Leading Case: A case that establishes a legal principal in a specific area and is regularly used as a precedent by courts.
    • Obiter Dictum: Comments made by judges within a ruling that are not directly related to the case's outcome and are not binding.

    The Key Parts of a Case

    • Headnote: A summary written by an editor, it appears before the decision.
    • Purpose: The reason why a case is before the court is stated.
    • Facts: The circumstances that led to the case.
    • Issue(s): The legal question(s) that the court needs to resolve.
    • Rule/Law: The relevant law or rule that the court must apply.
    • Reasons: The court's explanation for its decision, based on the application of law to the facts.
    • Ratio Decidendi: The legal principle that forms the basis of the case's decision.
    • Decision: The court's conclusion and the specific actions taken.

    The Headnote

    • Purpose: Provides an overview of the case.
    • Elements: Catch lines, summaries of facts, issues, and the case's ratio, and a list of sources cited.

    The Purpose

    • Outlines the reason behind the case proceeding.

    The Facts

    • Illustrates the factual circumstances surrounding the case.

    The Issues

    • Identifies the legal question(s) that the court needs to answer.

    The Law or Rule

    • The legal principles relevant to the case, often drawn from statutes, regulations, bylaws, or previous cases.

    The Reasons

    • The court's detailed explanation of its decision-making process, applying the law to the facts of the case.

    The Ratio Decidendi

    • The fundamental legal principle established by the case.
    • It combines the principle of law with the application of that principle to the specific facts of the case.

    The Decision

    • The court's conclusion and the disposition of the case, which may include actions like dismissal, granting of a motion, or a judgment in favor of a particular party.

    Case Briefs

    • Summarize the essential parts of a case for clarity.
    • Should focus on key elements like facts, issues, law, reasons ratio, and the decision.

    How Cases are Published

    • Most cases are now published online.
    • Print case reporters still publish some cases, categorized by jurisdiction and legal area.

    Neutral Case Citations

    • Assigned by the court that made the decision.
    • Consist of: the style of cause, year of the decision, court abbreviation, and a chronological number within that sequence of decisions.

    ### Understanding the Court System and Stare Decisis

    • Canadian courts are hierarchical, with higher courts’ decisions binding lower courts (vertical stare decisis).
    • Decisions by a court generally guide future decisions by the same court (horizontal stare decisis).
    • Supreme Court of Canada decisions bind all lower courts.
    • Provincial/territorial courts of appeal decisions bind lower courts within that province.
    • Provincial/territorial courts of appeal decisions are persuasive, but not binding, on other provinces.

    Terminology

    • Appellate court: Hears appeals
    • Leave to appeal: Permission to appeal a decision
    • Appeal allowed: Appellate court disagrees with lower court
    • Appeal dismissed: Appellate court agrees with lower court
    • Case followed: Court applies a previous case or precedent
    • Case distinguished: Court doesn't apply a previous case due to different facts or issues
    • Case overruled: Court determines a previous case is no longer valid
    • Majority opinion: Decision of a majority of judges, binding on lower courts
    • Concurring opinion: Judge agrees with the majority conclusion but for different reasons
    • Dissenting opinion: Judge disagrees with the majority opinion
    • Leading case: Case establishes the law in a specific area and is consistently followed
    • Obiter dicta: Comments by judges that are not part of the binding decision

    The Basic Parts of a Judicial Decision

    • Judicial decisions (cases) document legal proceedings (trials, appeals, etc.).
    • The decision maker (judge, adjudicator, etc.) writes the decision.
    • Headnote: Summarizes the case, including the facts, issues, ratio, and sources. It's written by an editor but shouldn't be relied upon solely.
    • Purpose: Explains why the case is before the court.
    • Facts: Outlines the facts leading to the case; often shortened for appeals.
    • Issue(s): Presents legal questions the court needs to answer, usually in question form.
    • Law or Rule (Rule): Identifies the applicable law(s) or rules, often from statutes, regulations, or other cases.
    • Reasons: Court's application of the law to the facts of the case.
    • Ratio Decidendi (Ratio): The "reason for deciding," or the principle of law the case establishes, which is binding on lower courts.
    • Decision: The court's conclusion and the order made.

    Case Briefing Assignment

    • Instructions are in Blackboard's "Assignment Instructions" tab.
    • Due October 8, 2024, at 11:59 pm.
    • Submit through Blackboard's "Assignment Submission" tab.

    How Cases are Published

    • Most cases are published online (court websites, CanLII, databases).
    • Only some are printed in case law reporters.
    • Law reporters:
      • Supreme Court Reports (SCC decisions only)
      • Dominion Law Reports (decisions from all over Canada)
      • Canadian Criminal Cases (criminal law cases only)

    Neutral Case Citation

    • Assigns by the court, not the publisher.
    • Format: Style of cause, Year, Court abbreviation, Chronological number.

    CanLII Case Citation

    • Used when a neutral citation isn't available.
    • Format: Year, CanLII, Number, (Court abbreviation).

    Citing Cases without a Neutral or CanLII Citation

    • Use two citations to online database or reporter: database citation, reporter citation.

    Case Citation Components

    • Style of cause: Case Name, parties separated by "v" (versus) in civil cases, "R" for Rex (The King) in criminal cases.
    • Jurisdiction and Court: Provide in round brackets if not clear from other citations.
    • Pinpoint: Use for referencing a specific passage, goes at the end of the citation.

    Updating Cases ("Noting Up")

    • Determine if a case was appealed or how it was treated by subsequent courts.

    Finding Cases Online - CanLII

    • Access CanLII: [Insert CanLII website link]
    • Search by case name, court, keyword.

    Case Brief Activity

    • Form groups to briefly analyze Omotayo v Royal Bank of Canada, 2024 HRTO 1275 (link provided in the text).
    • Identify facts, issues, rules, reasons, ratio, and disposition.

    Case Citation Styles

    • Neutral Citations: Abbreviated format using year, court abbreviation, and case number, e.g., R v Mathieu, 2008 SCC 21
    • CanLII Citations: Used when neutral citations are unavailable, providing year, CanLII, case number, and court abbreviation in brackets, e.g., 2002 CanLII 3562 (QC CA)
    • Other Citations (if no Neutral or CanLII): Provide two citations, one from a database like Westlaw and another from a case reporter, e.g., Borowski v Canada (AG), 1989 CarswellSask 241, 1 SCR 342 (SCC).

    Case Citation Components

    • Style of cause: Names of the parties, separated by "v" in civil cases and "R" representing Regina (The King) in criminal cases.
    • Jurisdiction and Court: Added when not clear from other citations, in brackets at the end of the citation, e.g., Fucella v Ricker (1982), 35 OR (2d) 423 at 426 (H Ct J).
    • Pinpoint: Specifies a specific passage or point within the case, written after the citation and before the jurisdiction information, e.g., R v Marakah, 2017 SCC 59 at para 3.

    Case Citation Order of Preference

    • Neutral Citation: Preferred when available, e.g., R v Marakah, 2017 SCC 59.
    • CanLII Citation: Used when neutral citation is absent, e.g., Rodriguez v British Columbia (Attorney General), 1993 CanLII 75 (SCC).
    • Parallel Citations: When neither Neutral nor CanLII citations exist, provide two parallel citations from databases or reporters, using the example above.

    Updating Cases

    • Noting-up: Checking if a case has been appealed or how it's been treated by subsequent courts (applied, distinguished, or overruled).

    Researching Cases Online with CanLII

    • CanLII Website: Provides access to Canadian legal documents like decisions, legislation, and legal information.
    • Case Search: Find specific cases by their citation, court, or relevant keywords.
    • Legislation Search: Browse statutes to identify related cases.
    • Note-up Feature: Helps update cases by showing citations and subsequent developments.

    Issue Spotting

    • Identify: Preliminary identification of legal issues arising from the facts.
    • Formulate: Expressing the identified issues as questions starting with "whether".
    • Hidden Issues: Identifying issues not immediately apparent.
    • Further Information: Identifying any need for additional information to clarify the legal situation.
    • Use the word "whether" to frame the issue as a question.
    • Example: Whether a landlord can evict a tenant with a dog despite a no-pet provision in the lease.

    Hidden Issues Check

    • Procedural Requirements: Consider limitation periods or special procedures.
    • Parties Involved: Determine the legal status of all parties (e.g., minors, corporations).
    • Alternative Causes of Action: Assess if alternative legal arguments might apply.

    Finding Relevant Law

    • Educated Guess: Identify the relevant area of law based on the fact situation.
    • Secondary Sources: Use encyclopedias, textbooks, annotated statutes, or loose-leaf services to find relevant laws, cases, and regulations.
    • Primary Law: Focus on specific statutes, regulations, and cases.
    • Checklist: Create a checklist to organize research and keep track of sources.
    • Secondary Sources: Review encyclopedias, annotated statutes, textbooks, and loose-leaf publications.
    • Primary Law - Legislation: Identify relevant statutes, regulations, and bylaws at federal, provincial, and municipal levels.
    • Primary Law - Cases: Locate leading cases that establish legal principles and cases with similar facts and issues.
    • Case Organization: Track searches and organize information on leading cases and cases with similar facts.

    Issue Spotting Exercise Example

    • Facts: A charity is seeking a donation for a school, but the donor reneges on the promise.
    • Issues: Whether the donor is obligated to fulfill the promise and potential legal recourse available to the charity.

    Secondary Sources

    • Provide a starting point for researching a new area of law.
    • Examples: Legal encyclopedias (Halsbury’s Laws of Canada, Canadian Encyclopedic Digest), annotated statutes, textbooks, loose-leaf services, journal articles, and dictionaries.

    Halsbury's Laws of Canada

    • Canada-Wide Coverage: Covers a wide range of legal topics, organized by titles.
    • Tables: Includes tables of statutes, regulations, and cases referenced.
    • Companion Guide and Index: Help locate specific information within the title.
    • Currency: Provides a currency date, with regular updates released as supplements.

    Annotated Statutes

    • Contains interpretations of provisions, explanations, and analysis of specific laws.
    • Provides references to cases that have interpreted the statutes.
    • Frequency: Published annually to ensure currency.

    Loose-Leaf Services

    • Printed books with frequent updates throughout the year.
    • Stay current through updated pages incorporated directly into the volume.
    • Availability: Available for various legal topics.

    Textbooks and Dictionaries

    • Textbooks: Valuable for a general overview of legal topics, ensure to use current editions.
    • Dictionaries: Examples include Black's Law Dictionary and Barron's Canadian Law Dictionary, available on online legal databases.

    Reviewing Judicial Decisions

    • Judicial decisions, also known as cases, are written records of legal proceedings like trials, appeals, motions, or hearings.
    • These documents are created by decision-makers such as judges, adjudicators, masters, or justices of the peace.
    • Cases summarize key points of the legal proceedings.

    The Court System and Stare Decisis

    • The Canadian court system operates on a hierarchy, meaning decisions of higher courts bind lower courts (vertical stare decisis).
    • Decisions made by a court should guide future decisions made by that same court (horizontal stare decisis).
    • Decisions of the Supreme Court of Canada (SCC) bind all lower courts across Canada.
    • Decisions of provincial or territorial courts of appeal bind lower courts within that province. For example, decisions of the Ontario Court of Appeal bind the Ontario Superior Court of Justice and Ontario Court of Justice.
    • Decisions of the Ontario Court of Appeal are persuasive but not binding on British Columbia courts.
    • Appellate court: A court hearing appeals.
    • Leave to appeal: Permission to appeal a decision.
    • Appeal allowed: The appellate court disagreed with the lower court decision.
    • Appeal dismissed: The appellate court agreed with the lower court decision.
    • Case was followed: A court applied a previous case (or precedent).
    • Case was distinguished: A court did not apply a previous case due to different facts or issues.
    • Case overruled: A court determined that a previous case is no longer valid.
    • Majority opinion: The decision of a majority of judges, binding on lower courts.
    • Concurring opinion: One or more judges agree with the majority’s conclusion, but for different reasons.
    • Dissenting opinion: One or more judges disagree with the majority opinion.
    • Leading case: A case establishing the law in a specific area, routinely followed by other courts.
    • Obiter dicta: Comments made by judges that are not binding on lower courts.

    The Basic Parts of a Judicial Decision

    • Headnote: An editor's summary of the case, providing "catch lines" (e.g., legal topics), a summary of the facts, issues, and ratio, and a list of cited sources. It's important to note that headnotes are not part of the actual decision.
    • Purpose: Explains why the case is before the court. It often starts with phrases like "This is a motion for…" or "This appeal relates to…”
    • Facts: Outlines the facts leading to the case, potentially long and detailed in trial level decisions, often shortened in appeals.
    • Issue(s): Identifies the legal question(s) the court needs to answer. Issues are often presented as a question (e.g., Was there a breach of the appellant's rights?).
    • Law or Rule: Identifies the relevant law or rule (statutes, regulations, cases, etc.) used to address the issues. If the law is unsettled, the court might discuss competing lines of authority (similar cases with different rulings).
    • Reasons: Explains how the court applies the law to the facts. This section can be extensive, with possible concurring or dissenting reasons by other judges.
    • Ratio decidendi: "The reason for deciding." This is the principle of law established by the case, which is binding on lower courts. It combines the principle of law and its application to the specific case facts.
    • Decision: The conclusion reached by the court, clearly stating the decision made. The order at the end is called the disposition (e.g., "Appeal dismissed," "Motion granted," "Judgment in favor of the plaintiff").

    Case Briefing

    • A case brief is a concise summary of the main parts of a decision. It typically includes the facts, issue(s), law or rule, reasons, ratio, and decision.
    • Case briefing is a crucial skill for legal studies, helping streamline understanding of complex judicial decisions.

    How Cases Are Published

    • Most cases are published online on court websites, CanLII, or legal databases like Lexis+.
    • Some cases are also published in print case law reporters (e.g., Supreme Court Reports, Ontario Reports, Dominion Law Reports, Canadian Criminal Cases).

    Neutral Case Citations

    • Neutral citations are assigned by the court, not by publishers.
    • They consist of four elements: style of cause (case name), year of the decision, court abbreviation, and chronological number.
    • Example: R v Manning, 2013 SCC 1

    CanLII Case Citations

    • If a neutral citation isn't available, the McGill Guide recommends using the CanLII citation.
    • The CanLII citation follows a pattern based on the neutral citation or, if there's no neutral citation, includes the year, "CanLII," a number, and the court abbreviation.
    • Example: 2004 ABCA 38 (CanLII), 2002 CanLII 3562 (QC CA)

    Citations Without Neutral or CanLII

    • If a case has neither a neutral nor CanLII citation, two citations to online databases or case reporters are required.
    • Example: Borowski v Canada (AG), 1989 CarswellSask 241, 1 SCR 342 (SCC).

    Components of a Case Citation

    • Style of cause: The case name, with parties separated by "v" in civil cases and "R" (meaning Rex, The King) in criminal cases.
    • Jurisdiction and Court: If not clear from other citations, details like province and specific court are added at the end in round brackets.
    • Pinpoint: Specifies a particular passage or point within the case, added after the citation and before jurisdiction details.

    Order of Citations

    1. Neutral Citation: Use it if available.
    2. CanLII Citation: Use it if a neutral citation isn't available.
    3. Two Parallel Citations: Use them if neither a neutral nor CanLII citation exists.

    Updating Cases (Noting Up)

    • It's essential to update cases to see if they've been appealed and how they've been treated by subsequent courts (followed, distinguished, or overruled).

    Finding Cases Online

    • Utilize CanLII, online legal databases, or court websites to locate and update cases.

    This overview provides a strong foundation for understanding and finding judicial decisions. Remember that applying this knowledge is crucial for your legal studies.

    Sources of Law

    • Two primary sources of law: statutes, regulations, by-laws, case law.
    • Secondary sources are used to assist in finding primary sources: legal encyclopedias, annotated statutes, textbooks, journal articles, dictionaries.
    • Secondary sources should be used as a guide and are not a substitute for primary sources.

    The Canadian Court System

    • The Supreme Court of Canada is the highest court in Canada.
    • Provincial/territorial courts of appeal sit below the Supreme Court of Canada.
    • Provincial/territorial superior courts sit below courts of appeal.
    • Provincial/territorial courts sit below superior courts.

    The Canadian Court System - Federal Courts

    • The federal court system is separate from the provincial/territorial court systems.
    • The Supreme Court of Canada hears appeals from the Federal Court of Appeal.
    • The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada.

    The Canadian Court System - Tribunals

    • Administrative tribunal decisions are appealed or judicially reviewed by different courts depending on whether they are provincial or federal tribunals.

    Doctrine of Precedent

    • The Canadian court system is premised on the doctrine of precedent, meaning lower courts are bound to follow decisions (precedents) of higher courts.
    • Three important principles of good legal writing: plain language, active voice, point-first.

    Plain Language

    • Legal writing should use simple words and phrases to enhance readability, decrease misinterpretations, reduce length, eliminate unnecessary words, and help ensure a client can understand what is taking place.
    • Four basic building blocks: identify the issue(s), determine and locate applicable law, update the applicable law, apply the law to the facts.

    Point-first Writing

    • Point-first writing involves presenting your conclusion at the start of a paragraph instead of burying it at the end.
    • The objective of point-first writing is clarity.

    Active Voice

    • The active voice means the subject of a sentence performs the action.
    • It is helpful to use the active voice to make legal writing more direct and clear.

    Introduction to the McGill Guide

    • The McGill Guide is a comprehensive guide to legal citation in Canada.
    • It includes rules on citing legislation, case law, secondary sources, foreign sources, government documents, etc.

    Citation Rules

    • Anything taken or borrowed from a source must be cited.
    • Plagiarism is not always intentional, sometimes people mistakenly forget to attribute something to a source.
    • If you are wondering whether to cite something, always err on the side of caution.
    • If you are having trouble paraphrasing a passage, put quotation marks around it and cite it appropriately.

    Overbroad Laws

    • A law is overbroad if it applies to situations that are not relevant to the intended purpose of the law.
    • The law's effects may be rational in some cases, but overreaching in others.
    • Overbroad laws may violate an individual's right to liberty and security of the person.

    Active Voice

    • Active voice is more direct and confident than passive voice.
    • Active voice typically uses fewer words.
    • Active voice makes statements more clear.
    • A legal memorandum helps understand a legal issue and advise others.
    • A legal memorandum creates a searchable record of research.
    • A legal memorandum follows a specific format.
    • A legal memorandum must be written in an objective tone and explain how the law applies to a specific scenario.

    Secondary Sources

    • Secondary sources provide a general overview of a legal issue and direct you to primary sources.
    • Secondary sources include legal encyclopedias, annotated statutes, textbooks, and loose-leaf services.
    • Secondary sources are not the law, they discuss and interpret primary law.

    Halsbury's Laws of Canada

    • Halsbury's covers Canada-wide law.
    • Halsbury's is broken down into titles by area of law.
    • Each volume has tables of statutes, regulations, and cases.
    • Halsbury's is updated regularly with supplements.

    Annotated Statutes

    • Annotated statutes provide interpretations of specific provisions of a statute.
    • Annotated statutes are typically published annually.
    • Annotated statutes can include explanations, analysis, and references to cases.

    Loose-Leaf Services

    • Loose-leaf services are printed books with regular updates.
    • Updates include new pages incorporated into the volume.
    • Loose-leaf services are available for a wide variety of legal topics.

    Textbooks and Dictionaries

    • Textbooks provide a detailed discussion of a specific area of law.
    • Ensure that textbooks are current to avoid outdated information.
    • Legal dictionaries define legal terms.
    • Due on November 5th at 11:59 pm.
    • Must be done individually.
    • Must be written objectively.
    • Must use in-text citations.
    • Plain Language is clear and direct.
    • Plain Language minimizes the use of legal jargon.
    • Point-first writing places conclusions at the beginning of a paragraph.
    • Point-first writing focuses on explaining the conclusion throughout the paragraph.

    Applying the Law to the Facts

    • Discussion section of the memorandum discusses the relevant law and how it applies.
    • Apply the law to a specific scenario.

    Issue Spotting

    • Issue spotting identifies the legal issues present in a given situation.
    • Issue spotting uses four steps:
      • Identify preliminary issues.
      • Formulate those issues.
      • Consider hidden issues.
      • Identify any need for further information.

    Midterm Test

    • The midterm test is due on October 15th at 2:00 pm.
    • The exam will be one hour long.
    • The McGill Guide is the only permitted material.
    • The exam is worth 10% of the course grade.
    • A lecture will follow the exam at 3:30 pm.

    Midterm Review

    • Review relevant terminology.
    • Practice issue spotting.
    • Develop a legal research plan.
    • Understand how to write a legal memorandum.

    Issue Spotting Exercise

    • The World United Fund is a Canadian charity.
    • The Fund ran a $1 million campaign to build a school in a poor country.
    • Mrs. Welsher promised to donate $100,000 to the campaign.
    • The Fund declared the campaign successful after raising $900,000.
    • The Fund hired an architect to design the school.
    • Mrs. Welsher then informed the Fund that she will no longer donate the promised $100,000 to the campaign.
    • Mrs. Welsher will donate the money to a cat sanctuary in New York instead.
    • Mrs. Welsher resides in New York for most of the year but spends two months of the summer in Canada.

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    Description

    Explore the intricate legislative process in Canada, including the roles of both the House of Commons and the Senate in approving bills. Learn about the numbering of bills, the types of federal bills, and resources for tracking legislation. This quiz will enhance your understanding of how laws are shaped and passed in Canada.

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