doing library research at durham college legal focus nicole doyle, legal librarian...

Doing Library Research at Durham CollegeLEGAL FOCUSNicole Doyle, Legal Librariannicole.doyle@dc-uoit.ca

What You’ll Learn TodayHow to do library research at

Durham CollegeDoing Legal Research at Durham

College and elsewhereWhere to find legal materials

◦in the library◦on the website

The Research Process

Step One: Identify and Articulate

Step Two: Find Information

Step Three: Analyze and Evaluate

Step Four: Present

STEP ONE: IDENTIFY AND ARTICULATE

On the basis of the FLIR readings, and other tips, the RCMP get a search warrant and find both marijuana and guns in Walt’s house – he is charged with various drug and weapons offences.

Walt has a grow-op in his house. Acting on a tip, the RCMP fly over his house in an airplane equipped with a Forward Looking Infra-Red ("FLIR") camera to detect the heat emanating from the house.

Recall….

Trial A: Walt is found guilty and convicted.

Ontario Superior Court, Thomson J (oral reasons only – no case report)

More about Walt’s Case…

Trial B: Walt appealsFly-over with FLIR camera violated his

privacy and his right to be free from unreasonable search and seizure guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms.

The court agrees and Walt is released.

R v. Tessling 63 O.R. (3d) 1. Ontario Court of Appeal

Trial C: The Crown isn’t going to give up

Case moves to Supreme Court. Walt’s right to privacy does not extend to

patterns of heat distribution on the external surfaces of his house. FLIR heat profile did not expose any intimate details of Walt’s life, information about his core biographical data, and therefore his constitutional rights were not violated, and he is guilty as originally charged.

R v. Tessling 2004 3 SCR 432 – Supreme Court of Canada

R. v. Tessling

News/Popular

Commentary

Appeal?Supreme Court Ontario Court

Case reports

Legalarguments

Key issues

Charter of Rights

Google

USING THE LIBRARY TO FIND LEGAL MATERIALS

Selected Print Legal MaterialsStatutes and Regulations

◦Federal, Ontario◦Revised, Annual

Cases in print reporters◦ Jurisdiction: Ontario Reports, Supreme

Court Reports◦Subject: Canadian Criminal Cases,

Reports of Family Law◦Canadian Abridgement

Legal DictionariesLegal Textbooks

Print Materials in the LibraryMain floor: Legal Reference

Collection (at far east end of building)

◦Current laws, regulations, casesMain floor: Reference Section

◦KE call number range (books)2nd floor Circulating collection

◦KE call number range (books)3rd floor Special Collections

◦older materials

The Library Website

Use the Library Catalogue to Find PRINT Legal Materials in the

Library

To look up cases in these books, you need to understand how citation works….

Use Tessling citations as examples

Magazine Citation in MLA Style:

Harris, Ronald. “Prime-Time Violence.” Maclean’s 7 Dec. 1999: 40-50.

Legal Citation:

R. v. Askov, 37 C.C.C. (3d) 289

Legal Citation

Harris, Ronald

“Prime-Time Violence.”

Maclean’s7 Dec. 1999

40-50.

Author Article Title Issue

Magazine Title Page

MLA Citation Style – used in humanities and literature courses.

R. v. Askov, 37 C.C.C. (3d) 289.

Style of Cause Volume Series

Reporter Name Page

C.C.C. = Canadian Criminal Cases

Legal Citation

R. v. Askov, [1990] 2 S.C.R. 1199.

Style of Cause Volume Page

Reporter NameYear of Reporter

S.C.R. = Supreme Court Reports

More help on the library website

FINDING ELECTRONIC LEGAL MATERIALS

Good Reference Books

Selected Electronic ResourcesCanLII

◦Statutes, cases, etc. by jurisdictionE-Laws

◦Ontario StatutesJustice Canada

◦Canadian StatutesLexum

◦Supreme Court of Canada Decisions

GOOD LUCK ON YOUR ASSIGNMENT!