Cecily Zamora
Canada's judicial system can be challenging to navigate, with its federal and provincial statutes and multiple courts. The Supreme Court of Canada is the highest court and the court of last resort on the provincial level. Its website provides free access to court hearings, judgments, and the full text of the Supreme Court Reports, which is the official reporter for the Supreme Court of Canada. CanLII is another valuable resource, offering court judgments from all Canadian courts, including federal courts and courts in all provinces and territories. Additionally, academic legal journals, newspapers, and policy papers can provide insights into specific cases and topics. For comprehensive summaries of Canadian law, Halsbury's Laws of Canada, a 72-volume online encyclopedic resource, is available through Lexis Advance QuickLaw Plus.
| Characteristics | Values |
|---|---|
| Court judgements | Available online for the Supreme Court of Canada, federal courts, and the courts in all Canadian provinces and territories |
| Court judgements sources | CanLII, Supreme Court of Canada website, HeinOnline, Lexis Advance (US Research System) database, Federal Court Reports database, WestlawNext Canada, SFU Library |
| Court judgements dates | From the 1830s to present |
| Court judgements languages | English and French (from 1970 onwards); before 1970, available in the language of publication only |
| Federal statutes | Apply to every province and territory within Canada |
| Provincial statutes | Mandatory authority within its own jurisdiction only |
| Provincial powers | If a power is not mentioned as belonging to a provincial government, then that power lies with the national Parliament |
| Case law sources | Academic legal journals, Halsbury's Laws of Canada, Canadian Abridgment Digest, Index to Canadian Legal Literature, news databases |
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What You'll Learn
Using CanLII
CanLII is a publicly available search platform that can be used to find case law, legislation, and commentary. It is a useful tool for those looking to identify specific cases.
To search for a specific case on CanLII, enter the case name or citation into the 'Noteup' search box. Alternatively, you can search for a case and click on the 'cited by' document number. If you are trying to identify a specific case, it is recommended that you use the ''Document text' search box and browse using keywords. CanLII uses Boolean search operators to help create successful searches.
On the right side of a case on CanLII, there is a 'heatmap' that shows you where the most cited parts of the case are—the darker the shade, the more a passage has been cited. Each paragraph that has been cited by subsequent cases has a 'paragraph tools' button that states the number of cases that have cited that paragraph. This can be useful for understanding which parts of a case are most important or influential.
CanLII also provides information on how a case has been treated by other cases. If a case has been discussed by other cases, it will be listed under 'Discussions' or 'Unfavorable mentions'. CanLII uses a 'jalapeno' system of 'discussion intensity' for citation/note-up searches—the more jalapenos a case has, the more it has been discussed by other cases. This can help you understand the context and impact of a particular case.
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Referencing cases
The standard Canadian citation style is the *McGill Guide*, also known as the *Canadian Guide to Uniform Legal Citation*. The latest edition of the guide is from 2023. The McGill Guide should be used to cite Canadian cases in APA Style papers.
A neutral citation is a case identifier assigned by the courts when they render a decision. It has three parts: the case name (in italics), the court identifier, and the case number. For example, in "Rutledge v Jimmie, 2014 BCSC 41", "Rutledge v Jimmie" is the case name, "2014" is the year of the decision, "BCSC" is the court identifier, and "41" is the case number. A neutral citation should always be followed by a citation to a printed reporter, whenever one is available. This is called a parallel citation. For example, "R v Latimer, 2001 SCC 1, [2001] 1 SCR 3".
When citing an electronic version of a decision, such as through Quicklaw or another database, it is necessary to include the name of the database or online source. The McGill Guide provides a list of electronic database abbreviations.
The American Psychological Association requires that "legal materials are cited in the standard legal citation style used for legal references". This means that when citing a case, use footnotes containing full citations at the end of the page on which a case is cited. In addition, list all cases cited in the text in the reference list at the end of the document. For example, "Andrews v Law Society of British Columbia, 1989 CanLII 2 (SCC) at 146" in a footnote corresponds to "Andrews v Law Society of British Columbia, 1989 CanLII 2 (SCC)" in a reference.
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Provincial and federal statutes
Canada has two parallel court systems: the federal court system and the provincial/territorial court system. The federal court system comprises the Federal Court (trial level), the Federal Court of Appeal, and the Supreme Court of Canada. The Supreme Court of Canada is the final court of appeal from all other courts and has jurisdiction over disputes in all areas of law, including constitutional law. The federal government has also created several specialised federal courts, such as the Tax Court of Canada and the courts serving the Military Justice System. These courts are created by statute and can only decide matters within the jurisdiction conferred on them by statute.
The provincial/territorial court system handles the majority of cases arising under provincial/territorial and federal law, including criminal offences, family law matters, juvenile cases, traffic violations, and civil claims involving smaller amounts of money. Each province and territory has a provincial or territorial court, a superior court, and a provincial or territorial court of appeal. The superior trial court has different names depending on the jurisdiction: it is the Superior Court in Quebec, the Superior Court of Justice in Ontario, the Court of Queen's Bench in most western provinces and New Brunswick, and the Supreme Court in other places. The appellate superior courts, known as the Court of Appeal or Appeal Division, are the highest courts within the provinces/territories.
Provincial statutes include public and private acts passed by Canadian provincial governments. Current, revised, and historical content is available for Alberta, British Columbia, New Brunswick, Nova Scotia, and Ontario. Historical and revised content is available for Manitoba, Newfoundland and Labrador, Prince Edward Island, Quebec, and Saskatchewan.
The Canadian Constitution is a series of documents that began with the British North America Act passed in 1867. The Canada Act of 1982 officially removed the British Parliament from the legislative structure of Canada. The Canadian Parliament then passed the Constitution Act, 1982, which consolidated various acts considered part of the Canadian Constitution and included a schedule of 30 laws, 23 of which are still in effect. The Constitution Act also added the Canadian Charter of Rights and Freedoms, which is similar to the U.S. Bill of Rights.
Federal Acts and regulations can be found on the Department of Justice Canada Consolidated Acts and consolidated regulations sites, which include historic versions of Federal Acts from 2003 onwards and Federal regulations from 2006 onwards. Current consolidated acts are available electronically from the Department of Justice, CanLII, Lexis, and Westlaw. The Canadian Legal Information Institute (CanLII) provides free online access to federal and provincial case law, including decisions of the Supreme Court of Canada, the Federal Court of Appeal, and other courts.
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The Supreme Court of Canada
To find federal, provincial, and administrative law decisions, you can refer to the Canadian Government's "About Canada's System of Justice" page. This page includes an index of reports from various provinces and territories, such as Alberta, Atlantic provinces, Manitoba, New Brunswick, and more. It is important to note that a federal statute in Canada applies to every province and territory, while a provincial statute only has authority within its own jurisdiction.
When researching Canadian case law, it is essential to consult reliable sources and databases. These may include legal databases such as CanLII, which allows users to search for specific case names or citations. Additionally, there are other resources, such as Quicklaw Lexis+ Canada, which provides access to court decisions from all levels, news reports, statutes, and legal commentary. These databases can be valuable tools for locating and understanding case law related to the Supreme Court of Canada.
It is also worth noting that the Supreme Court of Canada's website offers a wealth of information. It provides access to the Court's judgments, reasons for decisions, and other relevant resources. By directly accessing the Court's website, individuals can ensure they are referring to the most up-to-date and accurate information regarding its case law.
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Academic legal journals
- Comparative law from Canada and other common law jurisdictions, with a different theme each year
- Interdisciplinary family law issues
- Human rights and humanitarian law and policy relevant to Canadian society
- Philosophical analysis or criticism of legal doctrine, ethical aspects of legal practice, and concrete legal issues facing contemporary society
- International trade, business, and the economy
- Canada-US trade
When reading academic legal journals, it is important to consider the context in which the journal is published and the intended audience. These journals often assume a level of legal knowledge and understanding, so it may be necessary to seek out additional resources or guidance to fully comprehend the content. Additionally, academic legal journals may be subject to subscription access or embargoes on recent issues, so it is worth checking the specific access requirements for each journal.
The CanLII (Canadian Legal Information Institute) website is a valuable resource for accessing Canadian legal information. Many academic law journals are available through this central location, providing open access to a wealth of legal resources. CanLII also provides links to other relevant websites and organizations, making it a useful starting point for legal research.
When reading academic legal journals, it is important to approach the content critically and reflectively. Consider the arguments and analysis presented, the evidence and sources cited, and the potential biases or limitations of the research. Engaging in a critical dialogue with the scholarship can enhance your understanding of the legal concepts and their application. Discussing the ideas with peers or mentors can also help to deepen your comprehension and explore different perspectives.
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Frequently asked questions
Canadian case law can be found on the Supreme Court of Canada website, which includes court judgments from all Canadian courts, federal courts, and the courts in all Canadian provinces and territories.
On the Supreme Court of Canada website, you can search for a case by entering the case name or citation into the search box. Alternatively, you can search for the party names, click on the 'Decisions' tab, and then click on the case name to view the full text of the judgment or download the original law report format.
Yes, there are several other databases and resources available for finding Canadian case law, including CanLII, Quicklaw Lexis+ Canada, Westlaw International, HeinOnline, and Lexis Advance (US Research System). Additionally, academic legal journals, news databases, and policy papers can also be useful for identifying key cases and understanding the context of case law.
The authorized law report citation for a Canadian case typically includes the year of the case, followed by the volume and page number of the relevant report. For example, the citation for the Crookes v Newton case from 2011 is [2011] 3 SCR 269. AGLC4 rule 15 also provides guidance on how to reference Canadian cases.
