CML 3319 : Advanced Legal Research Winter 2011 Federal legislation

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

2. Outline • Legislation • Legislative Process (cont’d) • Bills • Hansard • Regulations

3. Bills and the Legislativeprocess

4. What do you know? How does a bill go through Parliament? How many types of bills are there? What are they? Where can you find bills? What about older bills?

9. Tobacco Act 1988 Joe Camel isintroduced 1991 studywaspublished by the Journal of American Medical Association 1994 Mangini v. R. J. Reynolds Tobacco Co. Joe Camel contributed to the growingnumber of youngsmokers 1997 R. J. Reynolds Tobacco stops Joe Camel advertisements

10. Looking up bills • Tobacco Act, s 22 • Subject to this act, …a person cannot advertise a tobacco product ..[with] lifestyle advertising or advertising that could be construed on reasonable grounds to be appealing to young persons.

11. Whywouldyou look up a bill? • To find out more about… • Upcoming changes • Loopholes in a statute • Purpose of a statute • Clarifymeaning of a statute Similarly, youmaywish to look up the legislativeprocess.

12. What type of bill are youlooking up? • Public Bills • Government Bills • PrivateMember’s Public Bill • Private Bills All bills are looked up in the sameway!

13. Looking up bills • New Bills • Legisinfo (2001-) • http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E • Parliament of Canada site  (1998-) • http://www.parl.gc.ca/common/index.asp • Older Bills 

14. Looking up older bills • You need to know five things: • Bill name • Bill number • Bill year • Parliament and session • Either the Canada Gazette or, more usually, the Statutes of Canada

15. Looking up older bills • In print, in Parliamentary documents • Not catalogued per se, but bound by Parliament and session, and by bill number • i.e. 2nd Session, 35th Parl. • Bill 71 – 81 • 1996

16. Comparison of bill and law • Tobacco Act, s 18 Promotion • This part does not apply to …a promotion that a promotion by a tobacco grower or a manufacturer that is directed at tobacco growers, manufacturers, persons who distribute tobacco products or retailers but not, either directly or indirectly, at consumers. V.S. • Bill C-71, s 18 Promotion • This part does not apply to…a promotion that is directed solely towards a person who distributes tobacco products or a retailer.

17. Whywouldyou look up the legislativeprocess? • Samereasons as bill but in more depth • Upcoming changes • Loopholes • Purpose of statute • Clarifymeaning

18. The legislativeprocess: How a bill becomeslaw • In both houses • First Reading • Second Reading • Committee Stage (mostly in House of Commons) • Report Stage (mostly in House of Commons) • Third Reading • Royal Assent • Proclamation

19. Looking up the legislativeprocess • Hansard • Journals • Debates • Google « Hansard » • http://www2.parl.gc.ca/housechamberbusiness/ChamberSittings.aspx?View=H&Language=E&Mode=1&Parl=40&Ses=3

20. Also included on the Chamber of Business Home Page • Committees • Also catalogued in our library (with INDEX) • Or on Department websites

21. Also included on the Chamber of Business Home Page • Order and Notice papers • House agenda (items which MAY be considered by the House) • Catalogued in our library (with INDEX)

22. Looking up this material in print • Everything is in our library AND everything has an index

23. Control over lives • “When you do not give people the jobs they need, when you cut their unemployment insurance and when all they have left is welfare, you should at least have the decency to let them have a smoke with their feet up on the wood stove. Taking away their right to smoke would be the last straw.”

24. Debates • A problem with tobacco companies sponsoring cultural events • “I do not wish to come to the defence of tobacco companies. I do not smoke, but sports and cultural events are very important to the cultural and economic life of Quebec.” • “The health minister, in response to questions in and outside the House yesterday, repeated that his bill had only one objective: to improve the health of Canadians and Quebecers alike, particularly that of young people…He said that his bill had nothing to do with sport or culture, and that is why he could afford to ban tobacco advertising at these events.”

25. Ontario legislation

26. Ontario legislation • E-laws site http://www.e-laws.gov.on.ca/navigation?file=home&lang=en

27. Ontario legislation • 1st reading • 2nd reading • Committee • Report from committee • 3rd reading • Royal Assent • Coming into force

28. Ontario legislation • Note there is only one house in provincial parliaments!

29. Ontario legislation • Legislative Assembly of Ontario http://www.ontla.on.ca/web/home.do

30. Quebec legislation • Quebec portal • http://www.gouv.qc.ca/portail/quebec/pgs/commun/gouv/loisreglements/?lang=en#educaloi

31. Quebeclegislation • Publications du Québechttp://www.publicationsduquebec.gouv.qc.ca/fre/categories/Catalogue • National Assembly of Quebec http://www.assnat.qc.ca/en/index.html