Cecily Zamora
Canada's judicial system is made up of four levels of courts. The first level is composed of provincial and territorial courts, which handle the majority of cases arising under provincial, territorial, and federal law. The second level consists of superior courts, which handle more serious criminal offenses, divorces, and civil cases involving large sums of money. The third level includes the Federal Court and Federal Court of Appeals, which have civil jurisdiction expressly conferred by federal statute. Finally, the Supreme Court of Canada acts as the court of last resort, hearing appeals from lower courts and providing advisory opinions on important matters of law or fact. When researching case law in Canada, it is important to understand this court structure and the types of cases each level handles. There are several online resources and databases that can aid in finding Canadian case law, such as CanLII, Quicklaw, WestlawNext Canada, and Lexis Advance, each offering access to court judgments, case history, and legal commentary.
| Characteristics | Values |
|---|---|
| Number of levels of courts in Canada | 4 |
| Provincial/territorial courts handle | Majority of cases arising under provincial/territorial and federal law, including criminal offenses, family law matters (except divorce), juvenile cases, traffic violations, civil claims involving money up to a certain amount |
| Superior courts handle | Serious criminal offenses, divorces, civil cases involving large amounts of money, Charter challenges |
| Federal Court and Federal Court of Appeals | Handle interprovincial and federal/provincial disputes, intellectual property proceedings, citizenship appeals, Competition Act cases, cases involving Crown corporations or departments of the Government of Canada |
| Specialized federal courts | Tax Court of Canada, courts serving the Military Justice System |
| Supreme Court of Canada | Court of last resort on the provincial level |
| Website to find court judgments from all Canadian courts | CanLII (Canadian Legal Information Institute) |
| Website to find Canadian legal content | SFU Library |
| Website to find Canadian treaties | Canada Treaty Series (CTS) |
| Website to find Federal Court of Canada judgments | Lexis Advance (US Research System) database |
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What You'll Learn
Researching case law by topic
There are several ways to research case law by topic in Canada. One way is to use secondary sources, such as legal encyclopaedias, textbooks, treatises, annotations, and journal articles, which can point you towards leading cases in a particular area of law or on a specific topic. The Canadian Encyclopedic Digest (CED) is one such resource, which includes commentary, cases, and legislation on a variety of topics. It is organised by a topical classification system, with broad topics such as "Criminal Law - Offences" and narrower sub-topics under each. The Canadian Abridgment Digests is another useful resource, containing summaries of most Canadian reported cases since 1803 and every reported or unreported case since 1986, except for Quebec civil law cases.
Another way to research case law by topic is to use case law databases such as CanLII, WestlawNext Canada, and Lexis Advance. CanLII, or the Canadian Legal Information Institute, is a free legal information website that provides access to court judgments from all Canadian courts, including provincial case law. It also includes decisions from many federal and provincial administrative tribunals. WestlawNext Canada and Lexis Advance also provide access to Canadian case law, although they may require a subscription or access through a university library.
When searching case law databases, keyword searching can be a simple way to get started, especially if your search concept is fairly unique. However, it may not always be the most effective approach as it can retrieve many irrelevant cases. Instead, using topical classification, where cases are labelled according to their subject matter, can be more precise. Additionally, when choosing keywords, keep in mind that case law writing tends to be technical and may favour legalistic wording.
Other resources for researching case law by topic in Canada include books, theses and dissertations, and articles from the Continuing Legal Education branch of the Law Society of Ontario. These sources can provide an accessible entry point for learning about a legal topic and finding related cases.
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Using CanLII
CanLII (Canadian Legal Information Institute) is a free and open-source website that provides access to Canadian case law, including federal and provincial/territorial court decisions, tribunal decisions, and legislation. It is a comprehensive resource, offering nearly 400 databases of Canadian case law, with decisions dating back to as early as 1970 and 1876 for Canadian Supreme Court rulings.
When conducting research on CanLII, it is important to understand the meaning of the letters and numbers in the citation, as they indicate the reporter or jurisdiction of the case. The Cardiff Index to Legal Abbreviations database can be a useful tool to decipher these abbreviations. Additionally, utilising Boolean connectors in your search can enhance the effectiveness of your research.
To search for a specific case on CanLII, enter the case name or citation into the Noteup search box. Alternatively, you can locate a case and click on the "cited by" document number. CanLII also offers sophisticated criteria filtering options to refine your search results.
When using CanLII, consider employing a keyword search, especially if your search concept is unique. For instance, a keyword search for "mustard gas" will likely yield more relevant results than a keyword search for a broader term like "insurance fraud". Additionally, CanLII now provides AI-generated subjects, such as "conviction", "criminal", and "rights and freedoms", which can be used to narrow your keyword search to broad areas of law.
CanLII is a user-friendly platform with a consistent layout for searching case law and legislation. It also provides stable links (permalinks) to all resources, ensuring that the links you share remain accessible.
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Using Quicklaw
Quicklaw, now available on the Lexis+ Platform, is a Canadian electronic legal research database that catalogues court decisions from all levels, news reports, provincial and federal statutes, journals, and other legal commentary. It is commonly used by law students, lawyers, and law firms in Canada.
Quicklaw includes citation tools that assist users in validating the authority of cases, finding summaries of judicial considerations, and locating references. It also includes a case citator and case digests.
To access case law in Quicklaw, you can enter the case name, keywords, etc. in the main search box. You can also click on the "Case Summaries" link on the homepage and explore the various options to search by source, jurisdiction, or topic.
Quicklaw is a paid database, and it can be expensive to get access on your own. However, you can access it for free on public computers at a law library.
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Using Lexis Advance
Lexis Advance Quicklaw is a legal research software built on over 50 years of legal research and digital innovation from LexisNexis Canada. It provides access to a wide range of legal resources and tools to facilitate efficient and comprehensive legal research. Here's how you can use Lexis Advance to research case law in Canada:
Accessing Case Law
- Lexis Advance Quicklaw offers access to over 2.8 million court and tribunal decisions from across Canada, including hard-to-find cases.
- You can search for cases from all Canadian regions, covering current, past, and repealed laws.
- The software includes exclusive sources such as Halsbury's Laws of Canada, Canadian Tort Law, and Juris Classeur Quebec, providing an up-to-date and reliable statement of Canadian law.
Search Features
- Lexis Advance Quicklaw provides innovative tools like colour-coded Search Term Maps and graphical analysis tools to help you find relevant cases quickly.
- You can use document segments and post-search filters to refine your results and focus on the most relevant case law.
- The software allows you to search across different jurisdictions and access international materials using the flag system.
- Natural Language searching enables you to obtain great results without needing to know specific legal terminology.
Additional Features
- Lexis Advance Quicklaw provides case digests and summaries, helping you understand the key points of cases efficiently.
- The Quantums collection assists in determining levels of financial compensation or sentences imposed for specific offences.
- You can set alerts to be notified of new search results and use the History feature to track your research activities for the last 90 days.
- Lexis Advance Quicklaw also offers access to legal journals, textbooks, and other resources to support your case law research.
Lexis Advance Quicklaw provides a comprehensive set of tools and resources to facilitate case law research in Canada, making it a valuable platform for legal professionals and researchers.
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Understanding Canada's court system
Canada's court system is a four-level hierarchy, with each court bound by the rulings of the courts above them, under the principle of stare decisis. The Constitution Act, 1867 provides for the establishment and operation of Canada's judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure.
The first level is made up of provincial or territorial courts, which handle the majority of cases arising under provincial, territorial, and federal law. This includes criminal offenses, family law matters (except divorce), juvenile cases, traffic violations, regulatory infractions, and civil claims involving smaller amounts of money. These courts also conduct pre-trial hearings for more serious criminal matters that will be determined by a superior court. Each province has its own set of laws and procedures, and the names and divisions of these courts can vary by jurisdiction.
The second level is the superior courts, which are the highest level of courts within a province or territory. They deal with more serious criminal and civil cases and have the power to review the decisions of the lower provincial and territorial courts. They also handle divorces, civil cases involving large amounts of money, and Charter challenges.
The third level is the provincial or territorial appeal courts. Each province has an appeal court with appellate jurisdiction over the superior trial court. All other avenues of appeal must be exhausted before a case can reach the Supreme Court of Canada, the final court of appeal, and even then, only if granted leave by the Court. The Supreme Court has nine judges representing the four major regions of the country, with three of them from Quebec to represent the civil law system. It hears appeals from decisions of the appeal courts in all provinces and territories, as well as from the Federal Court of Appeal.
The fourth level is the Federal Court system, which includes the Federal Court, Federal Court of Appeal, and the Tax Court. These courts have civil jurisdiction expressly conferred by federal statute and deal with interprovincial and federal-provincial disputes, intellectual property, citizenship appeals, Competition Act cases, and cases involving Crown corporations or government departments. The federal government has also established specialized federal courts, such as the Tax Court of Canada and courts serving the Military Justice System, including the Court Martial Appeal Court.
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Frequently asked questions
Some sources for researching case law in Canada are CanLII, Quicklaw Lexis+ Canada, and Westlaw International.
CanLII (Canadian Legal Information Institute) is a free legal information website that provides access to court judgments from all Canadian courts, including the Supreme Court of Canada, federal courts, and the courts in all Canada's provinces and territories.
To look up a case in CanLII, enter the case name or citation into the search box, or bring up the case and click on "cited by" to see how many documents cite that case.
If you are researching a specific legal topic, you can use CanLII's AI-generated subjects to narrow your search to broad areas of the law. You can also search using keywords, but this method is generally not recommended for finding cases by legal topic.
