Canadian Case Law: Finding Your Way

There are many ways to find case law in Canada. One way is to use online databases such as Westlaw International, Thomson Reuters Westlaw, Quicklaw Lexis+, and vLex Justis, which offer access to a range of law reports, transcripts, and legislation. Another way is to refer to academic articles in legal journals, which can point to important cases on particular legal issues and provide context for the case law. Additionally, searching news databases and newspapers can help identify key cases on a particular topic, and the Supreme Court of Canada website provides free access to the full text of Supreme Court Reports.

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Use free online databases

There are several free online databases that can be used to find case law in Canada. These include:

CanLII

CanLII (Canadian Legal Information Institute) is a free online database that provides access to Canadian case law, legislation, and legal commentary. It is used by legal professionals and the public to access high-quality legal information. To find a case on CanLII, enter the case name or citation into the search box, or use the "cited by" document number. CanLII also provides access to judgments issued by various courts and boards in different provinces, with dates of coverage varying by province and court.

The Supreme Court of Canada Website

The Supreme Court of Canada website offers free access to information about court hearings and judgments, including the full text of Supreme Court Reports. To locate a specific case, you can search for the party names using the "AND" connector. From the results screen, click on the "Decisions" tab, then select the case name to view the full text of the judgment or download the original law report format.

Lexis Advance (US Research System)

Lexis Advance is a comprehensive legal research database that includes Canadian content under its International section. To access Canadian cases, click on "Explore Content", then select "International" and choose "Canada". From there, you can select "All Canada Cases" under the "Cases" heading and scroll through the alphabetical list to find the case you're looking for. Note that downloading cases from Lexis Advance will be in plain text format as they do not publish the official Supreme Court Report Series.

Westlaw

Westlaw is a large database of legal materials, including Canadian cases, legislation, and journal articles. To access Canadian content on Westlaw, select "International Materials" from the homepage, then choose "Canada" under the Jurisdictions section. From there, you can select "All Canadian Cases" and further narrow down your search by specific courts or boards. Westlaw also offers the option to download PDFs of original unreported judgment versions.

Lexum

Lexum is a database of Canadian Supreme Court judgments, providing access to the full text of decisions from the Supreme Court of Canada.

It is important to note that while these databases provide free access to Canadian case law, some may have specific access requirements, such as being accessible only through a university library system or having certain date restrictions on case law availability.

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Search by topic or keyword

When searching for case law in Canada by topic or keyword, it is important to keep in mind that case law writing tends to be technical and may favour legalistic wording. Using legal encyclopaedias is a good way to get a high-level overview of a legal topic, including leading cases and legislation that shape that area of law. The Canadian Encyclopedic Digest (CED), accessed via Westlaw Next Canada, is a comprehensive legal encyclopaedia that covers a wide range of Canadian legal topics. The CED includes short statements of law, arranged in numbered paragraphs, with links to leading cases and relevant legislation.

Another useful resource is the Canadian Abridgment Digests, which contains summaries of most Canadian reported cases since 1803 and every reported or unreported case since 1986, except for Quebec civil law cases. Cases summarised in the Canadian Abridgment are available in full text on Westlaw. The Canadian Abridgment can be used to identify cases by subject matter, and it covers both federal and provincial cases, including some unreported decisions.

In addition to legal encyclopaedias, books can also be a helpful resource when searching for case law by topic. Books can provide an accessible entry point for learning about a legal topic and finding related cases. Individual chapters within books, anthologies, or textbooks can provide a broad overview of a legal issue and may be less technical than academic journal articles. The Continuing Legal Education branch of the Law Society of Ontario offers free downloadable articles that can point you to key cases and hot topics in Canadian law. Irwin Law also publishes a great series of books written in plain English called Essentials of Canadian Law, which can be read online through the KPU Library.

Newspaper articles can also help identify key cases on a particular topic and may discuss the issues of the case in plain language. Databases such as Canadian Newsstream provide full-text access to major Canadian daily newspapers, while CBCA Complete offers access to Canadian magazines, trade publications, and newspapers. Policy papers from think tanks, government agencies, and non-profits can also provide in-depth analysis of Canadian legal issues and references to key cases on specific topics.

Finally, academic articles in legal journals can point you to precedent-setting and other important cases on particular legal issues, as well as provide context and discussion of the legal issue that the case law is situated in. The Index to Canadian Legal Literature (ICLL) via WestlawNext Canada provides references to legal journal articles, books, government publications, and other sources that discuss Canadian legal topics.

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Find academic legal journals

Academic legal journals are a great source of information when it comes to understanding case law in Canada. These journals are published at regular intervals (monthly, yearly, etc.) and contain academic and research articles. The articles present current research and thoughtful responses to legal developments, such as case comments.

When searching for academic legal journals in Canada, you can refer to the following databases and platforms:

• Toronto Metropolitan University Libraries: The library provides a list of Canadian academic law journals, which are either published in Canada or in association with a Canadian institution. The list includes both open-access and closed-access journals. Closed-access journals require a subscription to access the content, while open-access journals are freely available, such as the Canadian Journal of Law & Jurisprudence, which is available through Cambridge Core.
• Bora Laskin Law Library: This library at the University of Toronto maintains a database of law journals, including Canadian and international titles. The library provides full-text access to many journals through its U of T Library Resources, such as Hein and LexisNexis.
• Oxford University's Bodleian Libraries: These libraries provide access to Canadian legal journals, both in physical and electronic formats. The SOLO platform allows users to search for journals by their full title. The Law Library also maintains its own database, which may be more user-friendly for legal research.

It is important to note that some journals are peer-reviewed, which means that the articles are evaluated by experts before publication, ensuring the quality of the content. Additionally, some journals may have specific focuses, such as comparative law, human rights law, or interdisciplinary family law issues, so choosing the right journal for your research is important.

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Browse case law reporters

Browsing case law reporters is a great way to find Canadian case law. Here is a guide on how to do it:

• Use databases: Databases such as Nexis Uni, HeinOnline, and Westlaw provide access to a wide range of Canadian case law reporters. For example, Nexis Uni contains hundreds of legal sources for Canada and other countries worldwide. You can browse or search within specific categories, such as "Cases-Canada," to locate relevant case law reporters.
• Utilize the Supreme Court of Canada website: The Supreme Court of Canada website offers free access to the full text of the Supreme Court Reports, which is the official reporter for the Supreme Court of Canada. This provides valuable information about court hearings, judgments, and decisions.
• Explore provincial court websites: Many provincial courts in Canada provide free online access to case law through their official websites or through CanLII, a free online resource. For example, the Alberta Courts website offers selected recent judgments, while CanLII provides access to a broader range of Alberta court decisions.
• Refer to specialized reporters: Depending on your area of interest, you can refer to specialized case law reporters. For instance, if you are interested in maritime law, you can consult Aspinall's Maritime Law Cases. Similarly, for tax-related cases, CCH Tax Cases would be a relevant reporter to browse.
• Consider unofficial reporters: In addition to official reporters, Canada has several unofficial reporters that cover cases from various courts. These include the Dominion Law Reports, which claim to report cases from all the courts of Canada, and the Butterworth publication, Supreme Court of Canada Reports Service.
• Take advantage of Lexis and Westlaw: Lexis and Westlaw, legal research platforms, offer comprehensive coverage of Canadian case law. Lexis provides access to "All Canada Cases," allowing you to scroll through an alphabetical list of judgments from various provinces. Westlaw, on the other hand, provides access to Canadian resources under the "International Materials" section.

Remember to consult multiple sources and cross-reference your findings to ensure you have a comprehensive understanding of Canadian case law.

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Check the Supreme Court of Canada website

The Supreme Court of Canada website is a great resource for finding case law in Canada. The website contains a wealth of information about court hearings and judgments, including free access to the full text of the Supreme Court Reports. The Supreme Court Reports are the official reporter for the Supreme Court of Canada and provide a primary source for the key decisions of Canada's highest court.

To locate cases on the Supreme Court of Canada website, start by navigating to the Cases section of the website. From here, you can search for cases by party names or by using the official law report citation. For example, if you are looking for the case Crookes v Newton from 2011, you would enter "Crookes v Newton" or " [2011] 3 SCR 269" into the search field.

Once you have entered your search criteria, click on the Decisions tab on the results screen. From here, you can either click on the case name to view the full text of the judgment or click on the PDF icon to download the original law report format. The full-text decision will provide you with access to the unreported judgment version of the case.

In addition to the Supreme Court of Canada website, there are several other online resources that can be used to find case law in Canada. These include CanLII, Quicklaw Lexis+ Canada, Westlaw International, and vLex Justis. Each of these databases provides access to a range of law reports, transcripts, and legislation from Canada and other countries. By using a combination of these resources, you can effectively research and find case law in Canada.

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