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Working with Legal Citations

Working with Legal Citations. Statutes. Ontario Statute Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009 , SO 2009, c 23, s 2 . Statutes. Federal Statute Agreement on Internal Trade Implementation Act, SC 1996, c 17, s 2. Statutes.

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Working with Legal Citations

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  1. Working with Legal Citations

  2. Statutes Ontario Statute Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, SO 2009, c 23, s 2.

  3. Statutes Federal Statute Agreement on Internal Trade Implementation Act,SC 1996, c 17, s 2.

  4. Statutes Revised Statutes Ontario Occupational Health and Safety Act, RSO 1990, c O.1, s 1(1)

  5. Statutes Revised Statutes FederalAccess to Information Act, RSC 1985, c A-1.

  6. Regulations Ontario Regulation Health Care and Residential Facilities, O Reg 67/93.

  7. Regulations Revised Ontario Regulation Fees And Expenses Of Jurors And Crown Witnesses, RRO 1990, Reg 4.

  8. Regulations Federal Regulation 2010 Olympic and Paralympic Winter Games Remission Order, SOR/2008-306.

  9. Regulations Revised Federal Regulation BaieComeau Airport Zoning Regulations,CRC 1978, c 75.

  10. Judicial Decisions - Neutral Citation MacDonald v Taubner, 2006 ABQB 138.

  11. Reporter Abbreviation Every citation contains an abbreviation for a reporter. For example: SCR – Supreme Court Reports FCR – Federal Court Reports CCLT – Canadian Cases on the Law of Torts BCLR – British Columbia Law reports

  12. Court Abbreviation The reporter abbreviation is different from the court abbreviation: Compare:

  13. Reporters For Which The Year Constitutes the Volume Number. Chase v Campbell, [1962] SCR 425.

  14. Reporters Which Begin At Volume One Each Year Example: R. vMorgentaler, [1993] 3 SCR 463 Locate the year first, then volume.

  15. Reporters that are Organized by Series Example: Weber v Ontario Hydro (1992), 98 DLR (4th) 32. A number in round brackets after the reporter abbreviation is the series number. Locate the series first and then the volume number. For example: 45 OR 125 -Volume 45 of the first series 45 OR (2d) 125 -Volume 45 of the second series 45 OR (3d) 125 -Volume 45 of the third series 45 OR (4th) 125 -Volume 45 of the fourth series

  16. Reporters Organized By Volume Only Example: R. vMoolla (2008), 310 Sask R 254 (Sask CA). Reporters that are organized in this fashion are simple to locate using just the volume number provided in the citation.

  17. Case Citations from Online Systems Apple Computer Inc. v Mackintosh Computers Ltd., 1987 CarswellNat 675 (FC TD) (WL). Victorov v Davison, [1988] OJ No 190 (Ont HCJ) (QL). Doug Burns Excavation Contracting Ltd. v International Union of Operating Engineers, Local 721, 1999 CanLII 1081 (NS SC).

  18. What A Proper Case Citation Looks Like: Where the court, jurisdiction and year are obvious from the citation: R vMorgentaler, [1993] 3 SCR 463, 107 DLR (4th) 537.

  19. What A Proper Case Citation Looks Like: Where the court, jurisdiction and year are not obvious from the citation: R v Morgentaler (1991), 83 DLR (4th) 8, 66 CCC (3d) 288 (NS SC (AD)).

  20. What A Proper Case Citation Looks Like: Where a neutral citation is available (no year, court or jurisdiction needs to be added when using neutral citations): Reference re Securities Act, 2011 SCC 66 at para 2, [2011] 3 SCR 837.

  21. Creating a Case Citation There are several steps for creating a case citation. 1. Locate the best version of the case to use for citation purposes and for providing to a judge. Use the information provided below to decide what is the best version to use, for example: -is an official scanned version of the original available f or free online? If so, use it for all purposes. -was the decision released prior to 1998? If so, you must refer to a print version of the decision, or a scanned version of the print (paragraph numbers were not systematically applied to judgments pre-1998).

  22. Creating a Case Citation 2. Once you have a copy of the best version of the case to use, prepare a citation to it, using the McGill guide rules as your guide.

  23. Creating a Case Citation 3. Don't forget that a parallel citation must also be provided. The rules from the McGill guide, pages E-43 to E-44 tell us the following: -if a neutral citation is available use it, and place it first after the style of cause; -if a semi-official reporter citation is available, it is the next best citation to use; -if referring to a commercial reporter, reporters covering a larger geographic region are preferred (for example, DLR – Dominion Law Reports) -only use citations provided by online systems where no other citation is available.

  24. Creating a Case Citation 3. cont’d - To locate a variety of available citations for a particular judicial decision, the best option is to locate the case using Quicklaw, and then choose "Note Up with Quickcite". A full list of available parallel citations is provided at the top of the page.

  25. Creating a Case Citation Step 4. Review the information provided in the citations you've chosen. Example: 83 DLR (4th) 8, 66 CCC (3d) 288 Now look for the following: a) If the year of decision is not provided in any citation, place it just after the style of cause, but before the first comma: R v Morgentaler(1991),

  26. Creating a Case Citation Step 4. Review the information provided in the citations you've chosen, looking for the following: Example: 83 DLR (4th) 8, 66 CCC (3d) 288 b) If the jurisdiction in which the case was heard is not provided in any of the citations, place it in brackets at the end of the whole citation: R v Morgentaler (1991), 83 DLR (4th) 8, 66 CCC (3d) 288 (NS).

  27. Creating a Case Citation Step 4. Review the information provided in the citations you've chosen, looking for the following: Example: 83 DLR (4th) 8, 66 CCC (3d) 288 c) If the level of court is not provided in any citation, place it at the very end of the citation in brackets. R v Morgentaler(1991), 83 DLR (4th) 8, 66 CCC (3d) 288 (NS SC (AD)).

  28. Practice! Locate this Case Using Quicklaw: R vMorgentaler, [1993] 3 SCR 463 Choose “note up with Quickcite” at the top of the page. What is the best parallel cite to use from this list?

  29. Practice! Locate this Case Using Quicklaw: [1997] OJ No 2313 Prepare a full and proper citation to this case:

  30. Practice! Locate this Case Using Quicklaw: [2004] BCJ No 192 Prepare a full and proper citation to this case:

  31. Practice! Locate this Case Using Quicklaw: [1993] NSJ No. 355 Prepare a full and proper citation to this case:

  32. Practice! What is wrong with this citation: Ardoch Algonquin First Nations v Ontario (1997), 148 DLR (4th) 126, 33 OR (3d) 735 (CA).

  33. Practice! What is wrong with this citation (locate it to find out): Chartier v Chartier, 1999 SCC 7.

  34. Practice! What is wrong with this citation (locate it to find out): Murdoch v Murdoch [1975] SCJ No 153.

  35. Practice! • What is wrong with this citation: • R v Borden [1993], 124 NSR (2d) 163, 24 CR (4th) 184 (NSCA).

  36. Practice! • What is wrong with this citation: • R v Borden (1993), 124 NSR (2d) 163, 24 CR 184 (CA).

  37. Practice! • What is wrong with this citation: • R v Borden (1993), 124 NSR (2d) 163, 24 CR (4th) 184.

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