Working with Legal Citations FALL 2009

1. Working with Legal CitationsFALL 2009 Yemisi Dina Associate Librarian/Head of Public Services Email: ydina@osgoode.yorku.ca Daniel Perlin Assistant Librarian Email: dperlin@osgoode.yorku.ca Karen Cohen Librarian Email: kcohen@osgoode.yorku.ca This session covers how to work with legal citations using the style for the Osgoode Hall Law School found in the Canadian Guide to Uniform Legal Citation (McGill Guide). I have covered how to cite case law, statutes, books/journal articles and electronic resources. I have also given some basic information about other citation styles being used at York University and other jurisdictions such as the United States and the United Kingdom.This session covers how to work with legal citations using the style for the Osgoode Hall Law School found in the Canadian Guide to Uniform Legal Citation (McGill Guide). I have covered how to cite case law, statutes, books/journal articles and electronic resources. I have also given some basic information about other citation styles being used at York University and other jurisdictions such as the United States and the United Kingdom.

2. What are citations? Citations are rules that guide a writer when referring to materials they have used in their work. Materials include but not limited to books, reports, journal articles and most recently digital materials. Legal citations are different because they include more than just books and journal articles but also legal materials such as cases, legislation. Each jurisdiction has its own rules and the rules being followed by Canadian law schools are found in the McGill Guide. Legal citations help you to identify the name of a case, statute, book , journal article or online resource for easy location. Chapter 1 of the McGill Guide covers general rules on how to write your bibliographies, footnote rules, in-text references for factum and memo. It is very helpful to read through this chapter beforehand.

3. Case Law Highlights Chapter 3 Rules 3.1 – 3.10.2.3 Covers citation of Canadian cases as well as cases from other jurisdictions Note when to use square brackets and round parentheses (See insert in slide 9) Citation of decisions for Administrative Bodies and Tribunals Citing electronic resources Statutes Formula style of cause neutral citation [if available] date [if not indicated by a neutral citation] law report volume number law report series page number court [if applicable] Examples Hopp v. Lepp, [1980] 2 S.C.R. 192. Clearbrook Iron Works Ltd. v. Letourneau, 2006 FCA 42, 46 C.P.R. (4th) 241. R. v. Smith (criminal case brought by the Crown) Smith v. R. (a private case brought against the State) Buckman v. M.N.R. (The Minister of National Revenue is the government agent involved) 

4. Case Law cont’d Neutral Citation Lovelace v. Ontario has the neutral citation 2000 SCC 37 Date: Round brackets v. Square brackets R. v. Carosella (1995), 26 O.R. (3d) 209 (C.A.).  Hopp v. Lepp, [1980] 2 S.C.R. 192. (note that the comma follows directly after the style of cause) Volume Number Ontario Hydro v. Ontario (Labour Relations Board) (1993), 107 D.L.R. (4th) 457 (S.C.C.) Ontario v. Ontario (Labour Relations Board), [1993] 3 S.C.R. 327 Law reporter abbreviations 85 D.L.R. (4th) 214 (Ont. C.A.)   Court R. v. Carosella (1995), 26 O.R. (3d) 209 (C.A.). Hopp v. Lepp, [1980] 2 S.C.R. 192. Clearbrook Iron Works Ltd. v. Letourneau, 2006 FCA 42, 46 C.P.R. (4th) 241. Parallel Citations R. v. Carosella, [1997] 1 S.C.R. 80, 142 D.L.R. (4th) 595, 112 C.C.C. (3d) 289. Case History R. v. Carosella, [1997] 1 S.C.R. 80, rev'g (1995), 26 OR (3d) 209 (C.A.), aff'g (1994), 25 C.R. (4th) 301 (G.D.). Electronic Databases R. v Bajwa, 2007 BCCA 181 (WL Canada). Bank of Nova Scotia v. Visentin, [1996] O.J. No. 4563 (Gen. Div.) (QL). 

5. Case Law cont’d Internet Butler v. Nenqayni Treatment Centre Society (28 October 2002) CHRT D.T. 12/02, online: CanLII <http://www.iijcan.ca/ca/cas/chrt/2002/2002chrt10001.html>. Unreported Cases Stephenson v. Stephenson (6 December 1984), Nanaimo 5920/004143 (B.C.S.C.). Pinpoint References Masson v. Kelly (1991), 85 D.L.R. (4th) 214 (Ont. C.A.) at 225. R. v. Latimer, [1997] 1 S.C.R. 217 at para. 27. Case Citation Examples Queen v. Cognos Inc., [1993] 1 S.C.R. 87. the Queen v. Cognos case was reported in volume 1 of the 1993 Canada Supreme Court Reports, beginning at page 87. The decision was rendered by the Supreme Court of Canada. Queen v. Cognos Inc. (1993), 99 D.L.R. (4th) 626 (S.C.C.). This citation indicates that Queen v. Cognos can also be found in volume 99 of the fourth Series of the Dominion Law Reports, beginning at page 626, and that it is a decision of the Supreme Court of Canada. Electronic Databases Examples Bank of Nova Scotia v. Visentin, [1996] O.J. No. 4563 (Gen. Div.) (QL). This case was not reported in any print reporters, and it has no neutral citation. Therefore, it is cited to the case identifier assigned by LexisNexis Quicklaw. The "O.J." indicates that it is a case from Ontario but does not indicate the court level; therefore, the "Gen. Div." is needed at the end. Finally, the "QL" shows that the case was retrieved from LexisNexis Quicklaw.

6. Statutes Highlights Chapter 2 Rules 2.1.1 – 2.9.2 Covers citation of Canadian statutes, regulations, gazettes, Orders in Council, Proclamation, municipal by-laws, rules of court Citing electronic resources Examples Statutes Formula short title abbreviation for the volume, chapter number, section number Employment Standards Act, R.S.O. 1990, c. E.14. Canada Elections Act, R.S.C. 1985, c. E-2.  Arbitration Act, 1991, S.O. 1991, c. 17. Employment Standards Act, R.S.O. 1990, c. E.14, as am. by S.O. 1991, c. 16 and S.O. 1991, c. 43, s. 2.This citation refers to the Employment Standards Act, chapter E.14 which has been amended by two different 1991 statutes, chapter 16 and chapter 43, s. 2. Regulations Competition Tribunal Rules, SOR/87-373. O. Reg. 45/91.

7. Books Highlights Chapter 6.2 – 6.12 Citing single, joint authors, editorial works, proceedings, collection of essays, dictionaries, encyclopedic digests, book reviews, case comments and comments on legislation, historical legal materials, unpublished manuscripts, theses & dissertations, course materials etc. Examples

8. Journal articles, Newspapers Highlights Chapter 6 Rules 6.1 – 6.1.8 (Journals) Chapter 6 Rules 6.13 (Magazines) Chapter 6 Rules 6.14 – 6.15 (Newspapers, newswires, editorials & news releases) Examples Journal articles Formula author's name title of article year volume and issue number journal or review page number P. Hughes, "Women, Sexual Abuse by Professionals, and the Law: Changing Parameters" (1996) 21 Queen's L.J. 297. P. Monture, "A Vicious Circle: Child Welfare and the First Nations" (1989) 3 C.J.W.L. 1.   M.G. Bridge, "Discharge for Breach of the Contract of Sale of Goods" (1985) 28 McGill L.J. 867 at 913.

9. Government Documents Highlights Chapter 4 Rules 4.1 – 4.8 Covers citation of Canadian and international government documents such as debates, minutes, parliamentary papers, sessional papers, non-parliamentary papers, reports of inquiries and commissions Covers citation of Internet sites Examples Government Documents Formula (Print) Issuing Agency. Subgroup(s) of Issuing Agency. Title proper: Subtitle. Personal Author(s) and Corporate Author(s). (Agency Report Number) (Medium). Edition. Place of publication: Publisher, Date. (Series). Notes. Formula (Electronic) Similar to that used for print source, except that “Medium” and “Notes” are required parts of the citation

10. Government Documents Examples Parliamentary Print Canada. Parliament. House of Commons. Debates, 35th Parliament, 2nd Session, 1996-1997, vol. 134, No.151, April 8, 1997. Ottawa: Canadian Government Publishing, 1997. Electronic Canada. Parliament. House of Commons. Debates, 36th Parliament, 1st Session, vol. 135, issue 121A, June 18, 1998. (Online). Available: http://www.parl.gc.ca/common/Chamber_House_Debates_load.asp?Language=E&Parl=36&Ses=1&Dte=121A_1998-06-18-E. (via WWW) [July 30, 2004]. Legislative Print Bill C-3: An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts. 1st Reading, September 25, 1997, 36th Parliament, 1st Session, 1997. Ottawa: Public Works and Government Services Canada, 1997. Legislative Electronic Bill C-49: An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management. 1st Reading, June 11, 1998, 36th Parliament, 1st Session, 1997-1998. (Online). Ottawa: Public Works and Government Services Canada, 1998. Available: http://www.parl.gc.ca/common/Bills_House_Government.asp?Language=E&Parl=36&Ses=1#C-49 . [July 30, 2004]. 

11. Government Documents Standing Committees Print Canada. Parliament. House of Commons. Standing Committee on Canadian Heritage. Evidence. (Issue No. 58, February 23, 1995) 35th Parliament, 1st Session, 1994-1995. Ottawa: Public Works and Government Services, 1995. Electronic Canada. Parliament. House of Commons. Standing Committee on Environment and Sustainable Development. Minutes of Proceedings. (Meeting No. 60, June 8, 1998) 36th Parliament, 1st Session. (Online). Available: http://www.parl.gc.ca/InfoCom/CommitteeMinute.asp?Language=E&Parliament=1&Joint=0&CommitteeID=110. [July 30, 2004].  Commissions Print Canada. Royal Commission on Aboriginal Peoples. People to people, nation to nation: Highlights from the report of the Royal Commission on Aboriginal Peoples. Ottawa: Supply and Services Canada, 1996. (Cat. No. Z1-1991/1-6E). Electronic Canada. Commission of Inquiry on the Blood System in Canada: Final Report. (Online). Ottawa: Public Works and Government Services Canada, 1997. (Cat. No. CP32-62/3-1997E). (Commissioner: The Honourable Mr. Justice Horace Krever). Available: http://www.hc-sc.gc.ca/english/protection/krever/ . [July 30, 2004]. 

12. International Materials Highlights Chapter 5 Rules 5.1 – 5.3 Covers citation of treaties, UN documents, European Parliament materials, WTO, OAS, GATT, PICJ, ICJ, ECHR, International Criminal materials etc Covers citation of Internet sites Examples International Covenant on Civil and Political Rights, 19 December 1966, 999 U.N.T.S. 171, arts. 9-14, Can. T.S. 1976 No. 47 (entered into force 23 March 1976). Convention on the Rights of the Child, 20 November 1989, 1577 U.N.T.S. 3, online: United Nations Treaty Collection http://untreaty.un.org.

13. Sample Citations This sample is taken from Ted Tjaden’s book Legal Research & Writing which is also available as an ebook.This sample is taken from Ted Tjaden’s book Legal Research & Writing which is also available as an ebook.

14. Other Citation Styles Legal United Kingdom Oxford Standard for Citation of Legal Authorities United States of America The Bluebook KF 245 D86 2000 General APA Formatting and Style Guide MLA Formatting and Style Guide The Chicago Manual of Style

15. Additional Readings Cohen, Morris.L and Olson, Kent C. Legal research in a nutshell (St. Paul: Thomson/West , 2007). KF 240 C6 2007 Gibaldi, Joseph. MLA handbook for writers of research papers (New York : Modern Language Association of America, 2009). LB 2369 M43 2009 Kavass, Igor I. World dictionary of legal abbreviations (Buffalo, N.Y.: W.S. Hein,1991). K 89 K38 Publication manual of the American Psychological Association (Washington, DC : American Psychological Association, 2010). BF 76.7 P83 2010 Raistrick, Donald Index to legal citations and abbreviations (London : Sweet & Maxwell, 2008) KF 246 R24 2008 Tjaden, Ted Legal research & writing (Toronto: Irwin Law Inc., 2004). KF 240 T53 2004 The Chicago manual of style (Chicago: University of Chicago Press, 2003). Z 253 C57 2003 The listed titles are recommended readings.The listed titles are recommended readings.