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Writing a legal research paper Canada

Legal citation – The Canadian Legal Research and Writing Guide Legal citation – The Canadian Legal Research and Writing Guide
Home / Writing & Analysis / Legal citation Legal citation. General rules about citing Canadian cases and secondary sources are set out below. The citation examples are based on the 7th edition of the Canadian Guide to Uniform Legal Citation (the McGill Guide), as adapted by the British Columbia Court of Appeal in Citation of Authorities (Civil ...

Writing a legal research paper Canada

If the jurisdiction or court level are apparent from the name of the reporter, you do not need a full reference to the court. Note that each citation indicates the year, jurisdiction and court. This table shows the case with citations to two different reporters, broken down into the various elements that comprise a traditional legal citation.

Court of appeal requires the citation to indicate if the appellate decision was made in chambers. Parties should provide citations for any paper versions of the decision in addition to the citation of the electronic database. Some of these elements are reviewed in more detail below.

A pinpoint reference refers to a paragraph number or page number. The alberta courts have adopted the 7th edition of the  , including the elimination of periods, but also require that the style of cause be bolded. Ontario superior court of justice takes a stricter approach, and contains the following requirements regarding decisions from electronic databases copies of judicial decisions obtained from databases dedicated to the publication of judicial decisions, such as ql and canlii, are acceptable for filing if the copy has paragraph numbering consistent with the paragraph numbering in the decision as released by the court.

General rules about citing canadian cases and secondary sources are set out below. However, this has been changed in the 8th edition, which requires the citation to include the update release information, as in the example above. A parallel citation lists another source, either print or electronic, where the case has been published.

For example, british columbia courts recently adopted the 7th edition of the   but require periods to remain in citations. Sometimes you must cite to a case that has no neutral citation, is not reported in print, and is not available electronically. For example, a pinpoint reference to page 320 in the b.

Similarly, since the supreme court reports only publishes decisions of the supreme court of canada, it is not necessary to add (s. The ontario court of appeal did not introduce numbered paragraphs in its judgments until may 1997. The date on which a court started to assign its own paragraph numbers varies considerably depending on the court the b. Citation of canadian legislation is covered within the recommends some changes to accepted citation practice. The page number may be followed by a pinpoint reference to a particular page in the decision.


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Writing a legal research paper Canada

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Writing a legal research paper Canada However, this has been changed in the 8th edition, which requires the citation to include the update release information, as in the example above. The ontario court of appeal did not introduce numbered paragraphs in its judgments until may 1997. Those unsure about whether to adopt the changes recommended in the 7th edition should review the list in the of law reviews and courts that have adopted the 7th edition. It is therefore consistent across all published versions of the decision. Bulletproof company that guarantees customer support & lowest prices & money back. Following the if a decision has been assigned a neutral citation, then instead of using the unreported citation format you should cite the case using the neutral citation. This must be modified for loose-leaf publications to show the date of the most recent release in the publication that was consulted. However, if the electronic source is non-obvious from the citation then the source should be identified by adding ql, wl or canlii at the end of the citation.
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    For example, if the judgment referred to above was reproduced from canlii, the citation would be as follows this additional electronic source information is no longer required by the british columbia courts. Parties should provide citations for any paper versions of the decision in addition to the citation of the electronic database. Some of these elements are reviewed in more detail below. General rules about citing canadian cases and secondary sources are set out below. Court of appeal was using paragraph numbering in its judgments as early as 1993.

    The alberta courts have adopted the 7th edition of the  , including the elimination of periods, but also require that the style of cause be bolded. For example, since a neutral citation already indicates the jurisdiction and court, it is not necessary to add this information again at the end of the citation. Fisher, forest & range agreements and the provincial crowns duty to accommodate, bill braithwaite, regulators consider policy that would allow poison pills to remain unchallenged (5 december 2011), online canadian securities law. Similarly, since the supreme court reports only publishes decisions of the supreme court of canada, it is not necessary to add (s. A citation should not contain more information than is necessary.

    An example is states that the citation should refer to the date on which the loose-leaf was consulted. The supreme court of canada and the british columbia courts have also adopted the citation style shown in the example above. The date on which a court started to assign its own paragraph numbers varies considerably depending on the court the b. For example, british columbia courts recently adopted the 7th edition of the   but require periods to remain in citations. Make sure that any pinpoint references you make are consistent with the electronic or print version of the case that you are citing to and providing to the court. Another suggestion is to review the practice directions and recent decisions from the courts in your jurisdiction to see whether these changes have been adopted. The page number may be followed by a pinpoint reference to a particular page in the decision. This provides important information for assessing the relevance and weight of a case. Include the series number for reporters published in series, such as the british columbia law reports and the dominion law reports. However, if the electronic source is non-obvious from the citation then the source should be identified by adding ql, wl or canlii at the end of the citation.

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