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Essential Legal Research with the Law Society Library Alan Kilpatrick, Reference Librarian Law Society Library (Regina) Ken Fox, Reference Librarian Law Society Library (Saskatoon)

with the Law Society Library - LibraryCanuck · •The Canadian Abridgment Digests ... Two undercover police constables enter a bar where they believe drugs are being sold. ... them

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Essential Legal Research with the Law Society Library

Alan Kilpatrick, Reference Librarian Law Society Library (Regina)

Ken Fox, Reference Librarian Law Society Library (Saskatoon)

Overview

• Introduction Alan Kilpatrick

• Exploration of Secondary Sources

Alan Kilpatrick

• Break 10:30 – 10:50

• Online Research Skills

Ken Fox

Why Legal Research?

http://legalresearch.org/essentials/importance-of-legal-research/

• Legal research is essential. It will help you find, understand, and apply the law

• “A litigator who has not conducted sufficient research faces the possibility of being sued by his client, and also censure by the court itself through an award of costs … Failure to understand the law or conduct the research necessary … will result in personal liability to the client.”

• Lougheed Enterprises v ArmBruster, [1992] 63 (2d) 316 • World Wide Treasure v Trivia Games, [1987] 16 BCLR 135 • Gibb v Jiwan [1996] OJ No 1370

Who Are We?

• A tool to enhance lawyer competence, which is a part of the mandate of the Law Society

• A key component in maintaining administration of justice by collecting, cataloging, creating, and distributing legal information

• Our goal is to facilitate access to legal resources, no matter the location

Law Society Library Services

• Members and articling students can access: • Comprehensive collection of texts, loose-leafs, journals,

statutes, and other legal reference materials • Online subscription resources through the Law Society

Members’ Section • High-quality research services from experienced research

librarians

• Saskatchewan-focused legal publications

lawsociety.sk.ca

lawsociety.sk.ca/library

lssmember Btdtgats

lsslib.wordpress.com

• Phone: 306-569-8020 306-933-5141 (Regina) (Saskatoon)

• Email: [email protected]

• In person: Regina Library Saskatoon Library

2425 Victoria Ave 520 Spadina Cres E

Questions?

Exploration of Secondary Sources

Alan Kilpatrick, Reference Librarian Law Society Library (Regina)

Overview

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation – Important Tools

Overview

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation – Important Tools

What is the CED?

• Comprehensive legal encyclopedia

• Excellent starting point for legal research

• Broad overview, leading cases, and current legislation

• The CED is made up of over 200 subject titles

• Each title covers a broad topic like Children or Banking

Paragraph

Footnote

Canadian

Abridgment Link

CED Strategies

• Three Strategies:

• Browsing

• Keyword Searching

• Through Case Law

Overview

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation – Important Tools

What is the Abridgment?

• Collection of case law digests

• Covers almost every reported decision since the 1800s

• Locate digests of every case dealing with a particular legal topic

Abridgment Classification

• A topical classification system

• Digests are organized across fifty broad subject areas • Locate digests on a point of law by identifying where the topic

lies in the classification

Digest

Full Text

Link

Citations

Abridgment Strategies

• Three Strategies:

• Through the CED

• Through Case Law

• Searching or Browsing

Abridgment Strategies

• Three Strategies:

• Through the CED

• Through Case Law

• Searching or Browsing

Secondary Sources Scenario

Scenario 1:

Two undercover police constables enter a bar where they believe drugs are being sold. They notice two young men (the accused and a friend) who look suspicious, approach them and ask to buy some cocaine. The accused them sells them a small amount of power cocaine. The next day the constables arrest the accused and charge him with drug trafficking. Given that the police asked to buy drugs, is entrapment a viable defence?

Overview

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation – Important Tools

Source Products

• CriminalSource, FamilySource, and LabourSource

• Collections of case law, annotations, and commentary

• Practice-specific “one-stop shop”

• Over 30 ebooks and online loose-leafs on your desktop

• Browsing

• Keyword Searching

Overview

• The Canadian Encyclopedic Digest (CED)

• The Canadian Abridgment Digests

• Source Products and Commentary

• Legislation – Important Tools

Saskatchewan Legislation

• Qp.gov.sk.ca

• Online access to Saskatchewan legislation

• Growing collection of historical legislation

• Maintain legislative tables – important finding aid for legislation

Legislative Table of Acts

• Lists all public acts and regulations alphabetically

• Provide an overview of the status of Acts and Regulations, including name, chapter number, CIF date, amendments, and effective date

• The last statute revision was RSS 1978

s.72, 2001, c.33 ……………….May 17/2002 s.43, 2011, c.1 (new) ….Oct 1/2011

2000, c A-5.3, s13; 2015, c.24, s.9

Federal Legislation

• Laws.justice.gc.ca

• Online access to official Federal legislation

• Consolidated, bilingual, and point-in-time legalisation

• Maintain legislative tables – important finding aid for legislation

S. 17, 2001, c 32, s. 52

S. 57, 2005, c 10, s. 16

CIF, 1996, c.19, in force 14.05.97 CIF, 2001, c.32, ss 47, 49 to 53 in force 07/01/2002

• Phone: 306-569-8020 306-933-5141 (Regina) (Saskatoon)

• Email: [email protected]

• In person: Regina Library Saskatoon Library

2425 Victoria Ave 520 Spadina Cres E

Questions?