Anaya Nolan
Canada has two parallel court systems: the federal court system and provincial courts. The federal court system is comprised of the Federal Court, the Federal Court of Appeal, and the Supreme Court of Canada. Each province and territory has a provincial or territorial court, a superior court, and a provincial or territorial court of appeal. The Supreme Court of Canada is the final court of appeal for all matters. Canadian case law can be accessed online from free websites such as CanLII, as well as from subscription legal research platforms such as Quicklaw and Westlaw. CanLII is a comprehensive web portal providing free online access to federal and provincial case law. Quicklaw and Westlaw have more cases than CanLII and can easily tell you whether a decision has been overturned. To find Canadian case law, you can also refer to books, legal encyclopedias, and law journals.
| Characteristics | Values |
|---|---|
| Number of court systems | 2 |
| Federal court system | Federal Court, Federal Court of Appeal, Supreme Court of Canada, Tax Court, military courts |
| Provincial court system | Provincial or territorial court, superior court, provincial or territorial court of appeal |
| Final court of appeal | Supreme Court of Canada |
| Online accessibility | Canadian Legal Information Institute (CanLII), Judgments of the Supreme Court of Canada, Federal Court Decisions, Westlaw, Nexis Uni, HeinOnline, Quicklaw, Westlaw International |
| Print sources | Federal Court Reports, Canadian Abridgment, Canadian Encyclopedic Digest, Halsbury's Laws of Canada, Canadian Abridgment Instruction Manual, Canadian Rights Reporter |
| Search methods | Keyword, by topic, by date, by case name, by citation, by jurisdiction, etc. |
| Other sources | Books, articles, legal encyclopedias, law library |
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What You'll Learn
Using free online databases like CanLII
To get started with your case law research on CanLII, you can perform a keyword search. This involves entering your search term(s) in the full text of the body of case law. Keyword searching can be particularly useful if your search concept is unique. For instance, a keyword search for "mustard gas" is likely to yield more on-topic results than a keyword search for insurance fraud, which is a broader term. When choosing keywords, keep in mind the technical nature of case law writing, which tends to favour legalistic wording.
You can also search for cases using Boolean, which is a more advanced technique. Courthouse Libraries BC offers PDF documents with tips and tricks to help you get the most out of your CanLII search, including how to search for cases using Boolean.
Another way to search for cases on CanLII is by using the Noteup search box. You can enter your case name or citation straight into the Noteup search box or bring up the case and hit the "cited by" document number. This will allow you to see only the documents that cite a particular act, statute, or law.
CanLII is organized in a consistent manner, with every province displayed in the same way. You will find links to statutes and regulations, with every level of court arranged from highest to lowest. Additionally, any tribunal and board that CanLII has access to will be displayed under this section.
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Keyword searching
When selecting keywords, it's important to keep in mind that case law writing tends to be technical and may use legalistic wording. Thus, it may be helpful to consult legal encyclopedias, such as the Canadian Encyclopedic Digest (C.E.D.), which can be accessed via Westlaw Next Canada. The C.E.D. provides a high-level overview of legal topics, including leading cases and legislation, and allows you to search for cases within the footnotes that are relevant to your legal issue.
Additionally, you can use keyword searching to find books on Canadian law. For example, a keyword search for "euthanasia Canada law" will bring up several useful books on the topic. You can also use keyword searching to find academic articles in legal journals, which can point you to important cases and provide context for the legal issue.
Finally, when searching for Canadian case law, you can use keyword searching on free websites or subscription legal research platforms, such as CanLII, Lexis, and Westlaw. These platforms provide access to federal and provincial case law, allowing you to search by date, case name, or citation, as well as by keyword.
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Using legal encyclopaedias
Legal encyclopaedias are an excellent resource for conducting Canadian case law research, especially if you are unfamiliar with the topic. They provide a high-level overview of a legal topic, including the leading cases and legislation that shape that area of law as it stands. Legal encyclopaedias are created by experts in their respective fields, who curate relevant case law and provide corresponding commentary. This makes them a valuable starting point for in-depth case law searches.
In Canada, there are two main legal encyclopaedias: the Canadian Encyclopedic Digest (CED) and Halsbury's Laws of Canada (Halsbury's). The CED is accessible via Westlaw Next Canada, while Halsbury's is an online 72-volume legal encyclopaedic resource accessed through Lexis Advance QuickLaw Plus. The CED's entries are concise, covering a wide range of Canadian legal topics and providing a comprehensive statement of the law as it stands. Each entry includes extensive footnotes with important cases and legislation relating to the topic, which can be further searched within Westlaw Next to find other relevant cases. Halsbury's, on the other hand, provides a comprehensive summary of Canadian law in over 100 subject areas, offering definitive legal information without opinion or commentary.
Legal encyclopaedias are a type of secondary legal literature, which also includes case digests, commentary, journal articles, and books or textbooks. Secondary legal literature is often the best place to start when searching for case law by topic, as it provides an overview of the legal landscape and can help identify effective keywords and terminology for further research. Books, for example, can provide an accessible entry point to a legal topic and often discuss specific cases in their body text or list them in bibliographies or appendices. Articles from the Continuing Legal Education branch of the Law Society of Ontario are another free resource that can point you to key cases and hot topics in Canadian law.
When using legal encyclopaedias, it is important to keep in mind that they are meant to provide a general overview of the law in a given area. While they are regularly updated, they may not reflect the most recent changes to legislation and court decisions. Therefore, it is always advisable to supplement your research with other sources, such as case law databases and primary legal literature.
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Provincial case law
Canada has two parallel court systems, with each province and territory having a provincial or territorial court, a superior court, and a provincial or territorial court of appeal. Provincial and territorial courts can hear cases on all matters except those specifically excluded by federal statute.
Other sources for provincial case law include Lexis and Westlaw, which provide access to judgments from specific provinces, such as New Brunswick, Nova Scotia, and Prince Edward Island. Some provinces, such as Alberta and Newfoundland and Labrador, also provide free online access to case law through their official court websites.
In addition to electronic sources, print reporters such as the Canadian Abridgment and Federal Court Reports (F.C.) provide access to provincial case law. The Canadian Abridgment is a comprehensive print digest that covers both federal and provincial cases, while the Federal Court Reports include judgments from the Federal Court of Appeal and selected decisions from the Federal Court Trial Division.
It is worth noting that the availability of provincial case law can vary depending on the province and the court. While some provinces provide free online access through CanLII or their official websites, others may require the use of subscription-based legal research platforms like Lexis and Westlaw.
When researching provincial case law, it is recommended to use a variety of sources, including electronic databases, official court websites, and print reporters, to ensure comprehensive coverage of the relevant province's case law.
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Federal case law
Canada has two parallel court systems, one of which is the federal court system. This system comprises the Federal Court (trial level), the Federal Court of Appeal, and the Supreme Court of Canada. Additionally, there is a separate Tax Court and a system of military courts. The jurisdiction of federal courts is limited to matters expressly designated by federal statutes.
- Canadian Legal Information Institute (CanLII): CanLII is a comprehensive web portal that provides free online access to federal and provincial case law. It includes decisions of the Supreme Court of Canada, the Federal Court of Appeal, and other courts. The dates of coverage vary by court.
- Judgments of the Supreme Court of Canada: This case law database is hosted by Lexum and allows browsing by date, case name, or citation, as well as searching by keyword. It covers the period from 1877 to the present.
- Federal Court Decisions: The landing page offers a basic search box for keyword searching.
- Westlaw: Westlaw contains a database of more than 300,000 Canadian cases, including all Supreme Court of Canada and Privy Council decisions from 1830 onwards, as well as Federal Court decisions from 1870 onwards.
- Lexis: Lexis provides access to Supreme Court Reports from 1876 onwards, Federal Court Reports from 1970 onwards, Exchequer Court Reports from 1882 to 1970, Ontario Reports from 1931 onwards, and Tax Court Reports from 1933 onwards. It also includes Canadian Privy Council decisions from 1936 to 2001 and provincial decisions derived from Quicklaw, beginning at various dates ranging from 1969 to 1976.
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Frequently asked questions
Some databases that provide access to Canadian case law include CanLII, Westlaw, Lexis, Nexis Uni, and HeinOnline.
Yes, CanLII is a free database that provides access to thousands of Canadian court cases. Some provincial court websites also offer free access to case law.
You can use a keyword search tool to find cases related to your specific topic. Keep in mind that case law writing tends to be technical, so it may be helpful to use legal encyclopedias for a high-level overview of a legal topic, including leading cases and legislation.
Certain cases will come up repeatedly because they set out the key ideas in an area of law. These are often decisions of the Supreme Court of Canada or the British Columbia Court of Appeal. If you see a case mentioned many times during your research, read it carefully to understand its importance.
Think about what makes your case unique, and then use the keyword search tool to specify an important issue and limit the number of cases you need to review. You can also browse indexes of case law reporters in your subject area to find cases with similar facts.
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