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Essential Legal Researchwith the

Law Society Library

Alan Kilpatrick, Reference LibrarianLaw Society Library(Regina)

Ken Fox, Reference LibrarianLaw Society Library(Saskatoon)

Overview

• IntroductionAlan Kilpatrick

• Exploration of Secondary SourcesAlan Kilpatrick

• Break20 Minutes

• Online Research SkillsKen Fox

Why Legal Research?

www.rollingalpha.com/2013/03/13/the-perils-of-online-trading-platforms-intrade-com/

Why Legal Research?

http://www.legal500.com/assets/pages/client-insight/welcome-to-the-jungle.html

Why Legal Research?

https://www.lawsociety.sk.ca/lawyer-regulation/code-of-professional-conduct/

Why Legal Research?

http://legalresearch.org/essentials/importance-of-legal-research/

• Lougheed Enterprises v ArmBruster, [1992] 63 (2d) 316• Counsel has a duty to be aware of all cases on point.

• World Wide Treasure v Trivia Games, [1987] 16 BCLR 135• Counsel applied an injunction without first researching or

understanding the law. As a result of the negligence, significant solicitor-clients costs were awarded against the counsel personally

• Gibb v Jiwan, [1996] OJ No 1370 • Counsel has an obligation to practice competently, give

clients advice based on sound research, and let the court know about all on point cases

Why Legal Research?

http://legalresearch.org/essentials/importance-of-legal-research/

• Wilson v Bobbie, 2006 ABQB 22

• Since neither counsel cited the binding decisions of the Court of Appeal (or indeed, any authority at all), neither party is entitled to costs of this motion.

Why Legal Research?

Catherine Bestlegalresearch.org/essentials/importance-of-legal-research

• “A litigator who has not conducted sufficient research faces the possibility of being sued by his client, and also censure by the court itself through an award of costs … Failure to understand the law or conduct the research necessary to gain an understanding of it will result in personal liability to the client.”

Who Are We?

Who Are We?

Who Are We?

• A tool to enhance lawyer competence, which is a part of the mandate of the Law Society

• A key component in maintaining administration of justice by collecting, cataloging, creating, and distributing legal information

• Our goal is to facilitate access to legal resources, no matter the location

Law Society Library Services

• Members and articling students can access:

• Comprehensive collection of texts, loose-leafs, journals, statutes, and other legal reference materials

• Online subscription resources through the Law Society Members’ Section

• High-quality research services from experienced research librarians

• Saskatchewan-focused legal publications

• Notable Projects and Initiatives:

• CanLII digitization project

• Access to justice initiatives

• Saskatchewan Queen’s Bench Rules Annotated eBook

Law Society Library Services

lawsociety.sk.ca

lawsociety.sk.ca/library

lssmemberBtdtgats

lsslib.wordpress.com

• Phone: 306-569-8020 306-933-5141 (Regina) (Saskatoon)

• Email: reference@lawsociety.sk.ca

• In person: Regina Library Saskatoon Library

2425 Victoria Ave 520 Spadina Cres E

Questions?

Exploration of Secondary Sources

Alan Kilpatrick, Reference LibrarianLaw Society Library(Regina)

Secondary Sources

Primary Law

Legal Research Process

legalresearch.org/essentials

Overview

• Subject Resource Lists

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation

Overview

• Subject Resource Lists

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation

Subject Resource Lists

• Provide the titles of key texts, ebooks, CPD materials, journals, legal encyclopedias, and provincial and federal legislation for a particular area of the law.

• The guides are intended to be used by those starting new legal research projects and to ensure that obvious resources are not missed.

Overview

• Subject Resource Lists

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

What is the CED?

• Comprehensive legal encyclopedia

• Excellent starting point for legal research

• Broad overview, leading cases, and current legislation

• The CED is made up of over 200 subject titles

• Each title covers a broad topic like Children or Banking

Paragraph

Footnote

Canadian

Abridgment

Link

CED Strategies

• Three Strategies:

• Browsing

• Keyword Searching

• Through Case Law

Overview

• Subject Resource Lists

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation

What is the Abridgment?

• Collection of case law digests

• Covers almost every reported decision since the 1800s

• Locate digests of every case dealing with a particular legal topic

Abridgment Classification

• A topical classification system

• Digests are organized across fifty broad subject areas

• Locate digests on a point of law by identifying where the topic lies in the classification

Digest

Full Text Link Citations

Abridgment Strategies

• Three Strategies:

• Through the CED

• Through Case Law

• Searching or Browsing

Quick Scenario

Scenario 1:

Two undercover police constables enter a bar where they believe drugs are being sold. They notice two young men (the accused and a friend) who look suspicious, approach them and ask to buy some cocaine. The accused them sells them a small amount of power cocaine. The next day the constables arrest the accused and charge him with drug trafficking. Given that the police asked to buy drugs, is entrapment a viable defence?

Overview

• Subject Resource Lists

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation

Source Products

• CriminalSource, FamilySource, and LabourSource

• Collections of case law, annotations, and commentary

• Practice-specific “one-stop shop”

• Over 30 ebooks and online loose-leafs on your desktop

• Browsing

• Keyword Searching

Overview

• Subject Resource Lists

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation

Publications Saskatchewan

• The authoritative online source for Saskatchewan legislation

• A comprehensive collection of current legislation

• A growing collection of historical legislation

• Legislative tables – important research tool

• http://www.publications.gov.sk.ca/freelaw/

Historical footnote for section 7:2000, c.A-5.3, s.7; 2005, c.65, s.2; 2001, c.33, s.22

Publications Saskatchewan

• Legislative Table of Acts and Regulations:

• Lists all public acts and regulations alphabetically

• Provide an overview of the status of acts and regulations, including name, chapter number, CIF date, all amendments, and effective date

• The last statute revision was RSS 1978

s.30, 2001, c.33 ……………….May 17/2002s.43, 2011, c.1 (new) ….Oct 1/2011

Can we view The Adult Guardianship and Co-Decision Making Act, SS 2000, c A-5.3

as it appeared when it was originally passed?

Secondary Sources

Primary Law

Legal Research Process

• Phone: 306-569-8020 306-933-5141 (Regina) (Saskatoon)

• Email: reference@lawsociety.sk.ca

• In person: Regina Library Saskatoon Library

2425 Victoria Ave 520 Spadina Cres E

Questions?