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CML 3319  : Advanced Legal Research Winter 2011 Federal legislation

CML 3319  : Advanced Legal Research Winter 2011 Federal legislation. Colleen Addison, Law Librarian, Brian Dickson Law Library. Outline. Legislation How to find Laws Looking at the history of your law Legislative process. Laws. Divorce Act. Laws.

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CML 3319  : Advanced Legal Research Winter 2011 Federal legislation

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  1. CML 3319 : Advanced Legal ResearchWinter 2011Federal legislation Colleen Addison, Law Librarian, Brian Dickson Law Library

  2. Outline • Legislation • How to find Laws • Looking at the history of your law • Legislative process

  3. Laws • Divorce Act

  4. Laws • What are the reasons the law states for getting divorced? Intolerable cruelty? Marriage breakdown? Have they always been the same?

  5. Legislative research: Step 1 • Find secondary sources Legislative research entails many steps (finding laws, bills, debates, journals, older laws, amendments, etc.) Secondary sources can cut out some of these steps!

  6. One more secondary source • Library of Parliament Virtual Library • http://www2.parl.gc.ca/sites/lop/virtuallibrary/researchpublications-e.asp

  7. Another secondary source • Asksomeone

  8. Looking up laws • Three official places • Canada Gazette  • http://www.gazette.gc.ca/index-eng.html • Statutes of Canada (books) • Department of Justice website • http://www.justice.gc.ca/eng/index.html

  9. Divorce Act • 8. (1) A court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.

  10. Updatinglaws • Whatisit? • Even online acts are not totally up-to-date • You need to check to see if any changes have happened in ensuing time frame • Beingphased out as online sources become more and more up-to-date

  11. Updatinglaws Official method -Table of Public Statutes and Responsible Ministers On Department of Justice Laws website http://laws-lois.justice.gc.ca/eng/index.html Older editions available in print in SLR 4-1

  12. Updatinglaws Some other methods -Check LEGISinfo for sessional bills introducing recent or proposed amendments -For a more recent amendment, to see if it is in force, check also the “Table of Proclamations” in the Canada Gazette, Part III • Also consult individual editions of the Canada Gazette, Part II for most up-to-date proclamations

  13. Looking at the history of the law • Have the reasons always been the same? • Table of Public Statutes and Responsible Ministers • Department of Justice website • http://www.justice.gc.ca/eng/index.html

  14. Looking at the history of your law • s.11, 1997, c. 1, s. 1(1) • Statutes of Canada, 1997 • An Act to Amend the Divorce Act, c.1

  15. Looking at the history of your law • REMEMBER: Amendment acts are NOT on the Department of Justice website!

  16. Looking at the history of your law Divorce Act –R.S.C., 1970, c. D-8 ACT REPEALED 1986, c. 4, s. 32 CIF, 1986, c. 4 proclaimed in force 01.06.86 seeSI/86-70

  17. Looking at the history of your law • Divorce Act—R.S.C., 1970, c. D-8 • RSC vs. SC • RSC came out in 1952, 1970, 1985

  18. Looking at the history of the laws • You must look in print! • Repealed laws are NOT on the Department of Justice website! • 1970 • Grounds for divorce • Include adultery, sodomy, bestiality, rate, homosexual acts, marriage with someone else, intolerable cruelty

  19. Looking at the history of your law • What if I want to go further back than that? • Other jurisdictions may help • Private Acts may also help

  20. Bills and the Legislativeprocess

  21. How a bill becomes law (cont.)

  22. Looking up the legislativeprocess • Marleau and Montpetit (House of Commons Practice and Procedure) • Google « marleau and montpetit » • http://www.parl.gc.ca/compendium/web-content/c_g_parliamentaryprocedure-e.htm

  23. Other books • The Laws of Government – Craig Forcese & Aaron Freeman • Parliamentary Privilege in Canada – Joseph Maingot • Beauchesne’s Parliamentary Rules & Forms – Fraser, Dawson, Holtby

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