Small ideas on legal practice, research and technology

Archive for ‘Research & Writing’

Coming Into Force of Statute Revisions

One of the (many) confusing things about historical legislative research is the fact that revised statutes don’t necessarily come into force in the year of their citation. For example R.S.C. 1985, which consolidates the text of the statutes in force on December 31, 1984, came into force almost four years later on December 12, 1988. Any changes made after December 31, 1984 to Canadian statutes were published in the supplements to R.S.C. 1985.

Courthouse Libraries BC has put together a list of the in force dates for the revised statutes of the following jurisdictions:

Posted in: Research & Writing

Is That In– or Un–?

The question of –able or –ible a few weeks ago got me thinking of other spelling conundrums. Is a course of action inadvisable or unadvisable?

Either, actually – but usage is changing and now seems to favour inadvisable.

Is there a rule for determining this? Sort of, but it’s not very helpful (like the one for –able versus –ible).

The general rule is where the word is fully English, go with un–.  Example: unwholesome. Where the root is Latin (or more immediately so), the negated form generally takes in–, as in ineffable or …

Posted in: Research & Writing

Ask Yourself These Four Questions About Any Digital Collection

Whenever you set out to use any electronic research source, be it a public web search or a specialized database, there are a few questions you should always ask – four to be exact. You may say there are really five or six important questions, or maybe you think there are only three, and that’s ok. But for me, not three but four is the magic number.

So here are my four questions you should always ask, with examples drawn from some of our favourite databases.

1. What is the SCOPE of the database?

Or what is its reach? How …

Posted in: Research & Writing

Your Queries Answered, Part 3

From the mailbag.

Baffled in British Columbia enquires, ‘I have this feeling that I shouldn’t use “hopefully” in the way that I do. Can you shed some light?’

Let there be light, Baffled.

The standard meaning of hopefully is ‘in a hopeful manner’. Example: The articling student started work hopefully, confident that she would find the answer.

There is a second – and more controversial – sense to the word, when it’s used to mean ‘It is hoped (that)’ or ‘I hope (that)’.  As in, The partner told the associate, “Hopefully, you’ll be finished this task before

Posted in: Research & Writing

Finding Cases on CanLII by Name of Counsel

The following is based on a post made by John Sadler of Western University on the CALL listserv.

CanLII does not offer a custom field that permits searching by counsel.  However, there is a technique for finding cases in which a particular lawyer appeared for one of the parties. It relies on the fact that most cases follow a uniform syntax when identifying counsel. For example in a case in which Ms June L. Carter was counsel, the reasons for judgment will say something like the following at the beginning:

               June L. Carter, for the respondent

To search for Ms.

Posted in: Research & Writing

Should That Be –Able or –Ible?

Or even –uble?

Perhaps not one of the burning questions of the day, but I bet you’ve hesitated over this at least once.

I did recently, when trying to Google an antiques dealer who had a well-priced early 20th-century silver snuffbox. The dealer used the form collectibles in its business name, it turned out.

This is the (mostly) US spelling of the preferable (but disappearing) collectable, which means ‘that may be collected’ (Violators are subject to a fine collectable on summary conviction) or ‘(thing) worth collecting, sought after by collectors’ (Silver snuffboxes are highly

Posted in: Research & Writing

Legal Research Video Series From Courthouse Libraries BC

Are you looking to develop more effective legal research skills?  Consider checking out Legal Research Essentials: Finding Cases on Point from Courthouse Libraries BC.  This is a hands-on legal research course consisting of several video modules.  The video modules visually demonstrate how to search free legal resources like CanLII.  You can find the course online at Courthouselibrary.ca.

The course is hosted by Alex McNeur, a reference librarian with Courthouses Libraries BC.  Alex explains in the introductory video that the course is designed to help practising lawyers learn how to locate case law based on a particular …

Posted in: Research & Writing

It Could Go Either Way

English is a very difficult language to learn – and not just for those whose mother tongue is something else.

Native speakers may, in fact, have a harder time, because they may have picked up the rules (more or less accurately) by osmosis, rather than having them clearly articulated.

This is complicated by English spelling, which is fluid. Before the early 1700s, you could spell things more or less how you felt – which largely meant phonetically. There were, for example, 20-odd variants of Shakespeare in use during the playwright’s lifetime (and his own spelling of the name was inconsistent).…

Posted in: Research & Writing

When Do Regulations Come Into Force?

Regulations generally come into force on either a date specified in the regulation itself or, if no date is specified, on the date that regulation was filed. (Note that this is not the case for Newfoundland, Prince Edward Island, or Québec.)

The coming into force provisions for a regulation are usually found in the Regulations Act (or equivalent) of a jurisdiction:

  • Federal: “Every enactment that is not expressed to come into force on a particular day shall be construed as coming into force … (b) in the case of a regulation, on the expiration of the day immediately before the
Posted in: Research & Writing

Between and Among

This one may surprise you.

Purists often say that between must – MUST! – refer only to a relationship involving two parties or things, and no more. The –tween bit does have the same origin as the number two, after all.

Among, the purists say, is to be used when the relationship involves three or more persons or things.

The purists are too pure. The Oxford English Dictionary and Fowler’s Modern English Usage have long warned that this supposed distinction between between and among is mere ‘superstition’.

According to OED, ‘between has been, from its earliest …

Posted in: Research & Writing