1. Federal Legislation Edmonton Law Libraries Association HeadStart Program June 17, 2010 Linda Harmata Edmonton Librarian Alberta Law Libraries

2. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 2 Acknowledgments Eve Poirier – Formerly Regional Librarian for the Prairie Offices of Canada Justice Excellent Resource…. – Alberta Law Libraries Research Guides to Research LegislationResearch Guides Research Legislation

3. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 3 We will cover … Federal Legislation – Generally Constitution and Primary Authority Finding Legislation Regulations and Subordinate Legislation Desktop Access – Considerations for use

4. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 4 Federal Legislation – Two questions … What are you looking for? – Status of an amendment? – Official copy for list of authorities? – Legislative intent? – Judicial consideration? – Commentary? Do you have the correct version for your issue… point-in-time?

5. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 5 Generally Federal legislation includes: – Statutes enacted by the Parliament of Canada, – Subordinate legislation (regulations, rules, orders). Statutes – broad in scope. – Specifics come from the statutory instruments: regulations, orders, rules. (e.g. Price of a stamp)Price of a stamp A statute may have dozens of regulations made pursuant to it, or it may have none.

6. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 6 Constitution of Canada Defined by s. 52(2) of the Constitution Act, 1982 – over 20 separate pieces of Legislation Core: Constitution Act, 1867 Charter of Rights is Part 1 of the Constitution Act, 1982 Constitution Act, 1867, s. 91 and 92 distribute the legislative powers between the Federal and Provincial governments.

7. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 7 Relevance? Constitutional questions continue to arise in the courts. Despite s. 91 and s. 92, there is local contextual interplay between federal and provincial legislation and jurisdiction. Example: Yellowknife (Public Denominational District Educational Authority) v. Euchner, 2008 NWTCA 13 Good sources for constitutional law issues: – R.S.C. 1985, Appendix II – Hoggs Constitutional Law of Canada, 5 th ed.

8. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 8 Primary & Secondary Sources of Law Primary Sources – Raw Law – Legislation: Including statutes, regulations, orders – Case law: Decisions of courts and tribunals: sometimes termed Judge-made law or common law – The evidence for your argument Secondary Sources – Textbooks, articles, papers, etc., analyzing, commenting on, criticizing, explaining the law

9. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 9 Finding Federal Statutes Analysis is not required to find legislation Locating statutes is driven by the process by which legislation is made Interpretation of the statute within the context and facts of your issue is your job: – Ordinary meaning – Technical meaning – Legislative purpose – Judicial interpretation (consideration)

10. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 10 Statutes are located and cited by TIME Statues are enacted, amended, revised and repealed in a linear, time-defined sequence. Statutes passed in a specific calendar year are bound together. These are sequenced publications (part, volume number, chapter). Private Acts (usually dealing with a named corporation or association) are in Part II of the annual statute volumes. Statutes are cited to the year they were assented to by Parliament, i.e.; Youth Criminal Justice Act, S.C. 2002, c. 1. (… unless …)

11. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 11 Revised Statutes An official arrangement, revision and consolidation, enabled by the Legislation Revision and Consolidation Act, R.S.C. 1985, c. S-20, s. 5. Irregularly produced: Most recent R.S.C. 1985 ANY statute contained in a revision MUST be cited to that revision regardless of amendments made since then. For example: proper citation for the Criminal Code is R.S.C. 1985, c. C-46.

12. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 12 How did the section read on this date? May be a critical issue in a legal matter Point in Time legislation – Depending on the service, since approx. 2003 Prior to that, use your satellites, the Revised Statutes, as your reference points. Then, use the Table of Public Statutes and Responsible Ministers (orange pages) to locate amendments to a section. Check in force (CIF) information for amendments! Each section in a Revised Statute gives the history: the previous statute section that read the same way.

13. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 13 Table of Public Statutes and Responsible Ministers Bank Act R.S., 1985, c. B-1 (Banques, Loi sur les) ACT REPEALED 1991, c. 46, s. 604 CIF, 1991, c. 46 in force 01.06.92 see SI/92-90 Bank Act 1991, c. 46 (Banques, Loi sur les) Minister of Finance Part I: s. 2, 1991, c. 46, s. 572, c. 47, s. 756(1)(a), c. 48, s. 494(a); 1992, c. 51, s. 29; 1993, c. 28, s. 78 (Sch. III, item 4), this amendment was repealed before it came into force by 1999, c. 3, s. 12 (Sch., item 2); 1993, c. 34, s. 5(F), c. 44, s. 22; 1998, c. 30, par. 13(a) and 15(a); 1999, c. 3, s. 14, c. 28, s. 1; 2000, c. 12, s. 3; 2001, c. 9, s. 35, c. 27, s. 206; 2002, c. 7, s. 81(E); 2005, c. 54, s. 1; 2007, c. 6, s. 1 s. 2.1, added, 1999, c. 28, s. 2 s. 2.2, added, 2001, c. 9, s. 36 s. 2.3, added, 2001, c. 9, s. 36 s. 2.4, added, 2005, c. 54, s. 2

14. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 14 History notes: Access to Information Act, R.S.C. 1985, c. A-1, s. 16.5 HTML version (online consol.) Public Servants Disclosure Protection Act 16.516.5 The head of a government institution shall refuse to disclose any record requested under this Act that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act. 2005, c. 46, s. 55; 2006, c. 9, s. 221. PDF version (online consol.) Public Servants Disclosure Protection Act 16.5 The head of a government institution shall refuse to disclose any record requested under this Act that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act. 2005, c. 46, s. 55; 2006, c. 9, s. 221.

15. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 15 NEW! Official Consolidations Note from the Department of Justice Canada: As of June 1, 2009, the consolidated Acts and regulations on the Justice Laws Web site are official, meaning that they can be used for evidentiary purposes. Amendments to the Legislative Revision and Consolidation Act, R.S.C. 1985, c. S-20, contained in Part 5 of S.C. 2000, c. 5, were brought into force as of June 1, 2009. (P.C. 2009-828 May 28, 2009)

16. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 16 Quiz time! Question: On the Justice Canada Laws site, how many federal statutes are available? 690 As of June 15, 2010

17. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 17 The Legislative Process Primary difference between the Federal process and the Provincial process is that the Feds have 2 houses. All laws begin as bills. Bills originating from the HofC begin with C-, all bills originating in the Senate begin with S- Royal assent does not necessarily bring an Act into force.

18. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 18 Legislative Process Idea Bill First Reading: Introduction of Bill; No debate Second Reading: Debate – This is where you may locate legislative intent. – May be sent to Committee (Standing or Ad Hoc) – You can access minutes, evidence, reports if they exist. LegisInfo: http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index. asp?Language=E http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index. asp?Language=E

19. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 19 Does your Bill pre-date LegisInfo? (pre-2002) This same information is available in print in the Hansard, also known as the Official Report of the Debates of the House of Commons/Senate Each session is indexed by subject, bill, speaker. Some volumes contain the handy tables Progress of Legislation. (Also in Abridgment: Can. Current Law Legislation) Some Hansard (after 1994) is available online through the Parliament website: http://www.parl.gc.ca/common/Chamber_Senate_Debates.asp? Language=E&Parl=40&Ses=2 http://www2.parl.gc.ca/housechamberbusiness/ChamberSitting s.aspx?View=H&Language=E&Mode=1&Parl=35&Ses=1 http://www.parl.gc.ca/common/Chamber_Senate_Debates.asp? Language=E&Parl=40&Ses=2 http://www2.parl.gc.ca/housechamberbusiness/ChamberSitting s.aspx?View=H&Language=E&Mode=1&Parl=35&Ses=1

20. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 20 Legislative Process – 3 rd Reading Must pass 3 readings in BOTH House of Commons and Senate Royal Assent Chapter number assigned Published in Canada Gazette Part III In force? (Usually in last section of Act): – If silent, then on assent. (Interpretation Act, R.S.C. 1985, c. I-21, s. 5(2)) – May state the date the Act comes into force. – May require Proclamation. – Some combination of the three.

21. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 21 Proclamation Notes Located in the Statute EXAMPLE #1 Railway Continuation Act, 2007 ( 2007, c. 8 ) COMING INTO FORCE Coming into force 21. This Act comes into force on the expiry of the twenty-fourth hour after the time at which it is assented to. EXAMPLE #2 An Act to amend the Canadian Environmental Protection Act, 1999, S.C. 2008, c. 31 COMING INTO FORCE 6. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Not in force until September 28, 2009. SI 2009/0052

22. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 22 The Table of Public Statutes – Your Best Friend! Table of Public Statutes is the index to all amendments of all federal statutes. It lists the statute by name and each amendment made to that statute by section number. The table will guide you to the location (TIME) of the amendment and tell you when that amendment came into force. http://laws.justice.gc.ca/PDF/TOPS_E.pdf

23. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 23 Quiz Time! Which statute provides for the coming into force of an Act on assent, if there is no other in force provision named in the Act? Interpretation Act, R.S.C. 1985, c. I- 21, s. 5(2))

24. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 24 EXAMPLE #3 – Entry in the Table of Public Statute Anti-terrorism Act -- 2001, c. 41 (Loi antiterroriste) Minister of Justice Canada CIF, 2001, c. 41, ss. 1, 24, 25, 47, 48, 76 to 86 and 119 to 145 in force on assent 18.12.2001 see s. 146; ss. 2 to 23.1, 26 to 46, 49 to 51, 53, 65 and 66, ss. 67(1) and (4) to (9), ss. 68 to 73, 75 and 87 to 118 in force 24.12.2001 see SI/2002-16; sections 52, 67(2) and (3) and 74 in force 12.06.2002 see SI/2002-86; ss. 54 to 64 in force 06.01.2003 see SI/2002-164

25. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 25 Subordinate Legislation: Canada Gazette Part II Regulations are made under the authority of an Act. Regulations are NOT subjected to the legislative process. Regulations contain the DETAIL. Federally – Regulations are found in the Canada Gazette Pt. 2 (Statutes Pt.3). Linear and time cited. SOR/2005-200 – Means that this statutory order and regulation is the 200 th such order of 2005. It will be located in the bound volume for 2005 chronologically.

26. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 26 Regulations are amended and repealed. This information is contained in the index portion of the Gazette the regulation is published in. Consolidated Index of Statutory Instruments http://canadagazette.gc.ca/partII/2008/20080331- c/html/index-e.html http://canadagazette.gc.ca/partII/2008/20080331- c/html/index-e.html The index is organized alphabetically by the title of the STATUTE. Regulations and other statutory instruments (orders, instruments, rules) can be located by their own title in a separate index, which will identify their statutory authority to exist.

27. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 27 Online Canada GazetteCanada Gazette Online PDF version official since April 1, 2003 The online PDF format of the Canada Gazette has been official since April 1, 2003. The first official issue was published on April 5, 2003, for Part I, April 9, 2003, for Part II, and May 14, 2003, for Part III. Search function is quirky. Arranged by time, so easier to use if you have a specific SOR or SI to locate.

28. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 28 MORE Online Canada Gazette! Available from Library and Archives CanadaLibrary and Archives Canada Please note that the digitization of this material, which began in 2007, is still underway. Not all issues are currently in the database. As of August 2009, the database now contains over 80% of all issues of the Canada Gazette.

29. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 29 Consolidated Regulations Last print consolidation, C.R.C. 1978 Electronic consolidations available, but would not have been considered official NEW! Consolidations published on the Justice Canada Laws site are official Revision in the future???

30. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 30 Quiz time! Question: On the Justice Canada Laws site, how many regulations are available? 3428 As of June 15, 2010

31. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 31 Other Electronic Resources for Legislation Statute consolidations for REFERENCE purposes only Finding judicial consideration CanLII LN Quicklaw Westlaw Canada

32. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 32 CanLIICanLII – Legislation upgradeLegislation

33. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 33 CanLII Legislation – Currency, Point-in- Time, Note-up, Regulations – Oh my!

34. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 34 CanLII – Judicial Consideration

35. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 35 Judicial consideration of this section… 2 results

36. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 36 LexisNexis QuicklawQuicklaw

37. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 37 Currency cites to Gazette…

38. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 38 QL Judicial Consideration

39. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 39 QL Judicial consideration of this section: … 44 cases …

40. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 40 Westlaw CanadaWestlaw Canada: LawSource Statute offered over time…

41. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 41 The section, with currency date citing Gazette (… not as current as QL …)

42. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 42 Westlaw Canada: … 39 cases citing this section … 5 secondary source refs

43. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 43 Couldnt I also do this in print? Absolutely! Canada Statute Citator (Canada Law Book) – Good for checking to see if you have all the amendments – Some leading citing case law (check last release date though) Canadian Statute Citations (Carswell Canadian Abridgment), bound volumes plus supplements

44. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 44 Should I do this in print? It depends… – Yes – If you need an official version of your statute at a point-in-time not covered by the official online resources. (Canada Justice Laws, Canada Gazette) Online services can be a reference point to help you be sure you found everything. – Yes – if you need to show/prove the history of changes to a section of an Act – Yes – If you need to be absolutely completely comprehensive. (Updated legislation; judicial consideration) – Yes – If your principal/justice/supervisor says so. – Yes – If something about your online results seems odd. – Yes – If online is off-line!

45. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 45 Quiz Time! Which reading of a Bill in Parliament generates documents that could help you ascertain legislative intent? Second Reading!

46. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 46 Helpful things Annotated statutes: Criminal Codes (Martins, Tremeears, Golds, Snows), Bennett on Bankruptcy, etc. Crankshaws Criminal Code: a goldmine for history/development of sections of the CC Do a library catalogue search for the title of your Act. There are sometimes law reform publications that can help you get at legislative intent for amendments, etc. Your local librarian!

47. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 47 Wrap Up Ask yourself what you are looking for? – Status of an amendment? Go To > Table of Public Statutes; LegisInfo – Copy of the legislation for insertion in a list of authorities? Go To > Justice Canada Laws; Official bilingual copy from Canada Gazette Pt. III (paper or.pdf); Revised and/or Annual statute volumes – Legislative intent? Go To > Parliamentary Committee Reports and debates – Judicial Consideration? Go To > Commercial databases – Commentary? Go To > Secondary Source material (book, article, etc.)

48. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 48 Wrap-up continued…. What is the correct official version of an Act for your issue in terms of its TIME sequence? – Go To > Table of Public Statutes What are the CIF dates that affect the legislation you seek and does this have an impact on you? – Go To > Table of Public Statutes The best way to ascertain that you have the correct sequenced version of the legislation you require is to perform the research in PAPER – it is dependable, correct and an accepted authority – with online assistance!

49. ELLA - Edmonton Law Libraries AssociationHeadStart 2010 49 Thank you!