1. Criminology 330: Legal Research at SFU Library Yolanda Koscielski (Burnaby) and Shane Plante (Surrey), Liaison Librarians for Criminology January 19 th and 20 th, 2012 ysk6@sfu.caysk6@sfu.ca spa61@sfu.ca

2. PART 1 1. Finding cases a) By topic b) By known citation 2. Locating journal articles and commentaries (by lawyers and other writers) on your topic PART 2 3. Experience searching 5 legal databases

3.  Legal Information guide  http://tinyurl.com/3pm2sk3  “Research by Publication Type” legal research web pages  http://www.lib.sfu.ca/help/publication-types  Browse databases by subject area – Law  http://tinyurl.com/3exwmlb

4.  Searching directly for case law by keyword is usually not recommended  Keyword = 1000s of unrelated hits  Exception: very unique terminology, e.g., transgendered  Starting with secondary legal sources and/or specialized legal research tools is recommended  Specialized legal research tools include subject- based finding aids like the Canadian Encyclopedia Digest and the Canadian Abridgment Digest

5.  Secondary legal sources can…  be a more efficient way to search, pointing you to specific cases on your topic  provide a broad overview of a legal topic  help you identify precedent-setting cases in Canadian law

6.  Secondary legal sources may include:  Textbooks  (Legal) journal articles  Newspapers  Case summaries  Encyclopedias  Legal commentary

7.  Not sure if we have a journal @ SFU Library ?  Books, Journals, Media (Catalogue) > select “Journal Title” from drop-down menu and search by journal title  Above method searches both print and online  Especially for idiosyncratic legal resources, please do not rely on Library Search or Fast Search – neither is 100% comprehensive

8.  Some sources for secondary legal literature:  Index to Canadian Legal Literature, aka ICLL  Books/Textbooks  HeinOnline’s Law Journal Library (indexed via Fast Search)  QuickLaw’s journal collection & commentary, e.g., Alan Gold’s Criminal Law Netletter  Criminal Spectrum, e.g., Criminal Law Quarterly  Newspaper and magazine databases, e.g., Canadian Newsstand, CBCA

9.  Use the Canadian Encyclopedic Digest (CED).  The CED will always point you to major cases which have established the legal points in question. It provides a comprehensive statement of the law (legislation + case law)  The CED is available electronically through LawSource.

10.  The terms Case Law, Reasons for Decisions, Judgment (*no ‘e’!) are often used interchangeably  Reasons for Decisions = case law before officially published by a court reporter or legal database. Check court website.  Main content of published case law/judgments should be identical, regardless of reporter  Case Law/judgments available through both free and subscription sources

11.  Style of cause = plaintiff and defendant  This report can be found in the 69th volume of the Dominion Law Reports on page 433  The "2nd" tells you that the DLR has been published in multiple series; the second series was 1956-68  SCBC indicates this was a Supreme Court of British Columbia decision

12. Wells v. Newfoundland (1997), 156 Nfld. & P.E.I.R. 271, 483 A.P.R. 271, 5 Admin. L.R. (3d) 113, (N.L.C.A.) The same citation as seen online in LawSource: 1997 CarswellNfld 199

13.  A way to cite case law that is vendor-neutral  Adopted by *some* jurisdictions  Elements of a neutral citation:  style of cause  year  court  number (court-assigned sequential number)  Pinpoint (i.e., paragraph number, “at para. 18”)  Once a case is reported, use neutral citation followed by reporter citation

14. From: Best Guide to Canadian Legal Research, http://legalresearch.org/docs/process13.html http://legalresearch.org/docs/process13.html

15.  Significant overlapping coverage in case law cases covered in various databases  Free sources (e.g. CanLii) are easily accessible  Subscription sources often include more value- added tools, enhanced interface options, e.g.,  LawSource contains the Canadian Abridgment Digest and the Canadian Encyclopedic Digest for finding case law by topic

16.  Free  CANLii (Canada) (includes RefLex Record *not comprehensive )  Subscription (SFU)  Law Source (includes KeyCite Canada)  CriminalSource (KeyCite Canada)  CriminalSpectrum  BestCase  QuickLaw (includes QuickCITE)  Demo: Wells v. Newfoundland (1997), 156 Nfld. & P.E.I.R. 271, 483 A.P.R. 271, 5 Admin. L.R. (3d) 113, (N.L.C.A.)

17.  Means you are researching a case to see if…  It has been cited, including “followed”, in subsequent cases  the decision has been overturned in a higher court  The note up tools have different names, depending on the database you use  Ensure you have found the most recent (i.e., legally relevant) version of a case using the note up tools

18.  Reveals which cases have followed, explained, mentioned, or cited in dissenting opinion the case you are researching  According to QuickCite, the citator “provides the comprehensive case history and treatment coverage necessary to assess the strength of cases” and is updated daily

20. Case Law Federal and Provincial Legislation Index to Canadian Legal Literature (ICLL) Canadian Encyclopedic Digest (CED) Canadian Abridgment Digest (CAD) Words and Phrases Judicially Defined

21.  Multiple products on one platform that can be browsed/searched separately  Browse functions on the left, search on the right  Browsing trees can also be searched  Click on LawSource (or CriminalSource) tab to revert to main search screen  Quirk: default search operator is usually “OR”, not “AND”.  Solution: use quotation marks to search as a phrase or add the word “AND” between each search term

22. Case Law Canadian Criminal Legislation Canadian Sentencing Digest Criminal Reports Criminal Law Evidence, Practice and Procedure Disclosure and Production in Criminal Cases Watt’s Manual of Criminal Evidence Canadian Criminal Law Review National Journal of Constitutional Law

23.  Busy interface! Note Search Templates for different products/info types on left, including All CriminalSource Content  Access law digests (i.e., case abstracts/summaries) from the bottom links ( Carswell's Criminal Law Digest )  When keyword searching for specific titles, use quotation marks or AND in-between your search terms  Browse a particular source with left-hand option of “other commentary”; an empty search is possible if you’d like to browse commentary sources by date

24. Criminal Law Quarterly Canadian Criminal Procedure Criminal Pleadings & Practice in Canada Martin’s Criminal Code Key texts and journal content in Commentary section Case law Criminal Legislation

25.  Search on the right, browse on the left  Browse individual books/journals (e.g., Drug Offences in Canada) in the Commentary section, left-hand side  Martin’s Criminal Code is found under Commentary>Criminal Legislation> Martin’s Criminal Code and Related Legislation

26. Canadian Criminal Cases (C.C.C.) Dominion Law Reports (D.L.R.) Many law reports

27.  Search for cases by citation in the Case Law Section  e.g., 258 C.C.C. (3d) 144  Follow the prescribed format for case law searching  Search for cases by style of cause  E.g. R v. Punko  Search for cases by phrase in the case  Catchline: searches topical classification & short, telegraphic phrases  Full-text: searches “matches in the body of the decision”

28. Case LawLegislation Canadian International Legal Journals Alan Gold’s Criminal Law NetLetter Commentary Canadian Rules of Court Canadian Legal Words and Phrases

29.  Note Quick Search boxes  E.g., Find a case by name, find a case by citation  Note Tab Searching option  E.g., Legislation, Journals, etc.; brings up search templates  Need to find a particular book, journal, or other title?  Enter keywords of source title in Find a Source  Many ways to get to the same content in QuickLaw

30.  Style of cause (Appellant + Respondents)  Year of Decision  Volume number of law report  Law reporter (Newfoundland and Prince Edward Island Reporter)  Page number in law reports  Other law reporters (parallel citations)  Series number of law report, as applicable  Court the case was tried in Q1. Wells v. Newfoundland (1997), 156 Nfld. & P.E.I.R. 271, 483 A.P.R. 271, 5 Admin. L.R. (3d) 113, (N.L.C.A.)

31.  Court categorizes heavy equipment as real property in (Oct. 2008) 28 Lawyers Wkly. No. 21, 11-12 Or  (Annot.) in MAPLE Leaf Foods Inc. v. Robin Hood Multifoods Inc. 17 B.L.R. (2d) 8617 B.L.R. (2d) 86

32.  Yolanda Koscielski, Liaison librarian for Criminology at Burnaby ysk6@sfu.caysk6@sfu.ca  Shane Plante, Liaison Librarian for Criminology at Surrey spa61@sfu.caspa61@sfu.ca  AskUsDesk  AskAway  TextUs