Look for link, Note up with QuickCite, when you are viewing a case. CanLII's historical case law coverage isn't nearly as comprehensive as Quicklaw and WestlawNext Canada, so it is worthwhile to note up a case using one of these as well. For some trials, there is unfortunately no written case law available.
Case law is essentially the written reasons for decision of a judge or judges, yet the decisions are not always written. Here are four scenarios where there may not be a written decision:. In a juried case, the judge might nevertheless provide written information on his or her sentencing decision. These are called quantums. Please note the publication of these quantums is sporadic and the decision to write them up is also based on the judge's discretion. They would in theory be written up for notable cases, but in practice, their production is quite sparse.
If there is no written decision for the case, you might still be able to find some more information. Here are some options:. To cite legal cases, please see Legal Information: Citing and Writing. The library has a number of books on Canadian legal research. How to find legal cases by citation. Note: There are no parentheses or brackets around the year of decision in this example as the year is represented in the neutral citation - a format which doesn't require either. See the Lederman Law Library's guide on legal citation for a detailed description of these kind of citation nuances.
The Crown of Canada aka Regina is thus a party to the case. Example: Wong v. Pippen would be a case name. Depending on the level of court and the type of case, the parties to the case might be called the plantiff s and defendant s , petitioner s and respondent s , or appellant s and respondent s. The case name is also more technically referred to as the Style of Cause. When a database asks for the case citation, you can usually enter just the latter.
These law reports consist primarily of the judge's reasons for decision. The text of the decision will always be the same, regardless of law reporter. However, law reports will also usually include helpful headnotes summarizing a case.
Case details can be used to track down the case law in other databases. TIP: Try a search for your topic keywords combined with the keyword "judgment". Note: There is no "e" in judgment when referring to legal judgments. Search the policy papers of think tanks, government agencies, non-profits and others for in-depth analysis on a Canadian legal issue and references to key cases on your topic.
Finding Canadian legal content can be a bit challenging, and even moreso if you are focussed on a particular geographic area of Canada. Other scholars at SFU! Search the work of graduate students - theses and dissertations - via SFU Summit, our institutional repository.
Articles can point you to key cases and hot topics in Canadian law. Don't forget about books! Online or print, books can provide an accessible entry point for learning about your research legal topic and for finding related cases. Particular cases may be discussed in the body of the text or listed in bibliographies or appendices.
Often, individual chapters within books, anthologies, or textbooks can provide a broad overview of a legal issue and may be less technical or less high include specific than academic journal articles. Books can also include treatises which treat legal issues in-depth. Search the catalogue to find print and e-books. For example, a keyword search for euthanasia Canada law limiting to books brings up several useful books.
Video tutorial Crankshaw's Criminal Code of Canada allows you to find important cases as they relate to sections of the Criminal Code of Canada. Easy-to-understand case digests are provided under the various sections. Finding legal cases by topic. For example: all cases on cyberbullying in Canada that have been tried since cases on intimate partner violence that were heard in the Supreme Court of Canada. For information on how to track down a specific, known legal case, e. These links are inserted automatically by our hypertext markup software, which uses complex heuristics to determine exactly which documents a citation might refer to.
In most cases the links are correct, however sometimes errors are made due to the nature of English writing, and legal writing in particular. You should also bear in mind that links to acts go to the current version of the act, not necessarily the version of the act that applied to the facts of the case.
You normally do this if you want to continue browsing for additional cases. For details on using our search engine, see our online Search Help. This will display all other cases which refer to this case.
Note that this option only appears when you have used the AustLII search engine to find the decision. When searching for cases, particularly older cases, you should check the AustLII databases page to ensure that we hold cases from the court or tribunal and for the years in which you are interested.
Alternatively, you can check the individual case database "index" or home pages for this information. Each cases database includes a database "last updated" date on the database index page. This is the date that AustLII last updated the database and does not necessarily indicate currency. The database is updated from data received from the court or tribunal. Although some courts and tribunals send their data in batches, many provide their data as soon as it is available.
Once AustLII has received the data, it is generally available on our website within 24 hours. AustLII also provides a tool which will show you, at a glance, the realtime update status of all the cases databases which it provides along with the approximate update frequency for each database.
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