doing library research at durham college legal focus nicole doyle, legal librarian...
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Doing Library Research at Durham CollegeLEGAL FOCUSNicole Doyle, Legal [email protected]
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
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!