All Our Research Tips
Look at the Headnote
Headnotes – a brief summary, comment, or explanation, often prepared by an editor and pladed at the beginning of a court decision. In the opinion of this librarian – the value added information about a decision that quickly and succinctly gives a hint of it’s relevance to an immediate legal research question.
Today’s Tip is a pointer that the definition of headnote applies to CanLII in a new and useful way.
What happens when you select “show headnote” for this decision from the SCC? In addition to the court prepared summary that is embedded in a Supreme court of Canada decision, CanLII has long provided links to related decisions, legislation cited that is available on CanLII and decisions that are cited in the case. In addition to those value added features showing the headnote on CanLII now offers a link to the new CanLII Connects service. You will see:
“Visit CanLII·Connects – summaries and opinions from the legal community on selected cases”
For this decision, there are currently 3 case comments from registered CanLII Connects members – lawyers, scholars and others with professional competency in legal analysis who have offered CanLII Connects content for the information of anyone who wishes to read it – See more about CanLII Connects.
I appreciate the ability to see commentary about decisions. This innovation with add more ‘social’ to legal commentary. The legal community speaking to each other through published case commentary has been wonderful. The legal community offering select commentary to our own clients and through our own websites has also been very useful. It will be interesting to see how socializing legal commentary with this offer of case comments easily available to all impacts the legal information space.
Thanks to Colin and Sarah at CanLII for this new tool, and to all the firms and lawyers who took the time and continue to contribute to this resource.
Consider a US Address
I really want to ty Google Glass. I am not kidding. I think there is excellent potential that this tech – or something like it – will be an innovation bump that directly impacts legal research.
On Monday, a message from Google told me:
As we mentioned this past weekend, we’re opening up a few spots in the Glass Explorer Program this week. One thing we want to clarify is that spots in the program are for US residents only.
While we’d love to bring Glass to our friends around the world (we promise we are working on this), the usual restrictions still apply. Just a reminder, all Glass Explorers must:
- Be US residents
- Be 18 years or older
- Purchase Glass for $1,500 + tax
- Provide a US shipping address
I don’t like to cheat the system – well not always – but there is a way to manage the disappointing trend of not being able to access technology as quickly if you are outside of the US. Consider acquiring some property in the States so that you have a mailing address there. My banker wishes I was kidding.
The questions I need to answer that only a personal tst of GG will do: how does it react when browsing Canadian commercial legal research sites; how does it work for CanLII searching; what about my firm’s website; is this a tech that will have an impact on how we do business.
Plus, I just want it. I am not kidding.
Internet Archive – More Than Just the Wayback Machine
It may be a rare Slaw Tips reader who has not plugged a website URL into the Wayback Machine offered by the Internet Archive. We have mentioned Internet Archive in a couple of previous tips here and here.
Today’s tip is a reminder that Internet Archive is more … much, much, more than just an archive of the web. For a small slice of discovery, check out the Texts portion of this amazing collection. Did you know this collection has the 1906 Revised Statutes of Canada? It also has the RSC 1970.
There is a ton of cool and useful research material in this collection.
Watch the Law Library Blog
The Law Society of Saskatchewan has a new blog.
“Legal Sourcery” helps you navigate through the jumble of legal resources. Follow us for useful legal research tricks, interesting legal research news and what’s happening at the Library.
Law library blogs offer research tips, highlights of the specific resources they have to offer, and interesting polls.
Law libraries in many jurisdictions and from many library types have blogs. Check out the Legal Research & Law Libraries Blogs category at lawblogs.ca.
If you like the posts from Legal Sourcery, come to Winnipeg May 25-28 for the Canadian Association of Law Libraries annual conference. I guarantee you will have an opportunity to meet Melanie Hodges Neufeld, Director of Legal Resources, Law Society of Saskatchewan and Legal Sourcery blogger.
Use 3rd Party Sites
I absolutely love resources like legisalture and parliament websites that offer details about current and historical legislation and it’s progress. I also love government websites that offer the full text of various government publications. Sometimes those sites don’t offer the quick way to exactly what you need.
Today’s Tip: Don’t be afraid to use 3rd party collections of things rather than their original source.
Think about all of the Open Data initiatives – open data websites collect from a variety of sources into a clearinghouse website. Like a library but without a decent reference desk – great for experienced gatherers who know what they are looking for though. I recently peeked at openparliament.ca which is an excellent umbrella search tool.
How to Read Case Citations
An important legal research tanslation skill is the ability to look at a case citation and understand what it means. Today’s Tip is in honour of the forthcoming 8th edition of the Canadian Guide to Uniform Legal Citation.
There are plenty of excellent resources on legal citation, but these tips will help when you decipher citations:
- round brackets at the beginning of a citation give you the year that the decision was released
- square brackets at the beginning of a citation mean that you need the year in order to find the correct volume of the reporter to locate the case
- digests case citations look the same as citations for full text decisions (ACWS is a digest – All Canada Weekly Summaries; so is AWLD – Alberta Weekly Law Digest)
- neutral citations are generally only available for decisions from 1998 and newer
- if you can’t figure out what is being cited, search the Cardiff Index to Legal Abbreviations
- cases sometimes change names as they move through various levels of court
Did I miss any tips?
Look a Little Harder
Today’s Tip is inspired by my colleague Jane Symons. As we occasionally do, Jane zipped out to another library to borrow a book for one of our lawyers – yes folks, print is still necessary for legal research. She was looking for something in a government documents collection – yes folks, that is correct, not all government documents are on the interweb. The item was not where it was supposed to be on the shelf.
Jane says the library gods were smiling on her when after carefully scanning each item on the surrounding shelves she happened to glance a several stacks away and noticed the item on the shelf. I say she was practicing excellent librarianship by not stopping her search when the item wasn’t where it was expected to be.
Never give up, never surrender. While that phrase quotes an ongoing joke from a fictional TV show, it does reflect the persistence that searchers should bring to legal research tasks.
Check the Facts
This post first appeared on Slaw July 2, 2009 and it is still relevant advice.
In this world of super fast document retrieval it is sometimes important to remember the basics. I was just asked for a decision where the style of cause and the citation both contained errors. The “help I can’t find this case” is usually one of my favourite problems. This Thursday after a mid-week Canada Day off is a lot like a Monday.
The citation that was given to me was a 1983 case from the O.L.R.s – obviously that was incorrect as the Cardiff Index to Legal Abbreviationreports that the Ontario Law Reports was published between 1901-1931 only. Rather than plugging in a citation in to the for fee electronic research service of your choice, remember to check the facts. (Yes I will be writing off the find fee).
The style of cause had a spelling error. What I should have remembered to do once I identified that the citation had an error is browse the Canadian Case Citations or the Canadian Abridgment Table of Cases for the style of cause to identify the case. Browsing a compact list like the CCC would have quickly showed a close match to the case name AND provided the proper citation. Knowing that the good research skills of the lawyer who gave me the problem would have included a full text search on CanLII for elements of the style of cause as a full text proximity search should have been a clue that there was a typo.
Just a few tips for this fine summer Thursday.
Enjoy this Winter Wednesday research tip redux.
Today’s Tip: wait with patience.
I often find myself using curse filled phrases when everything (websites, videos, my Blu-ray player, my Starbucks app) is too slow to load. That little rotating circle symbol, the hour glass, even PayPal’s rounded square that ticks away while the web does its thing drive me nuts, nuts, nuts. When my children slide the symbol to answer my phone calls and don’t speak immediately, we have (annoying to them) conversations about appropriate telephone etiquette.
This 4:11 YouTube clip of comedian Louis C.K. with Conan O’Brien “Everything’s Amazing and Nobody’s Happy” shared by Jason Thomas in his LegalTech 2014 keynote was a fantastic reminder to have a little patience.
One of the things we don’t talk about much on the legal research side of things here at Slaw Tips are Regulations. Regulations are a form of delegated legislation made in the exercise of powers conferred by a statute. Regulations are the how to a Statute’s what. and are usually found online attached to the act that they are made from.
A fairly common question arises about the in force date of a regulation. In Alberta, the day it is filed with the Registrar of Regulations, unless a later day is specified. For federal regulations, section 9 of the Statutory Instruments Act reminds us that most federal regulations also come into force on the date that they are registered.
Regulations can be simple or complex and there can be a well documented process for creating them. The bottom line is that though regulations are subordinate delegated legislation, they are still law.