The purpose of this research guide is to introduce the user to researching Canadian statutes, cases, and secondary sources. Canada is a common law jurisdiction with both federal and provincial law, and in this sense it is similar to the U.S., with its federal and state law. However, there are important jurisdictional differences. For example, whereas family law and corporate law are largely state law topics in the U.S., they are both subjects of federal jurisdiction in Canada.
Canada acquired a written constitution when the Charter of Rights and Liberties was adopted in 1981. However, Canada acquired sovereignty as an independent country at some point between the Treaty of Versailles ending World War I and the Statute of Westminster of 1931. The latter enacted into law the principle that Imperial statutes of the British Parliament could not extend to Canada without Canada's consent. It also abolished the prohibition on Canadian amendments to existing Imperial statutes, which derived from the Colonial Laws Validity Act of 1865.
The standard contemporary treatise on Canadian constitutional law is Constitutional Law of Canada, 5th ed. (2007) by Peter Hogg (KE4219 .H64).
The Canadian Encyclopedic Digest,4th edition, available on Westlaw, is a comprehensive encyclopedia of federal and provincial law. It is accessible through a table of contents as well as through free-text searching.
The Dictionary of Canadian Law, by Daphne A. Dukelow, 4th ed., 2011 (KE183.D85 2011). Includes 31,000 definitions of legal terms in Canadian law drawn from case law, treatises, journal articles, and both federal and provincial statutes. Includes citations to authority and cross-references referring the user to more specific applications.
Canadian Guide to Uniform Legal Citation, 8th ed., 2014 (KE259 .C36).
The Canadian Legal System, 5th ed., 2004, by Gerald Gall et al. (KE444 .G34 2004) covers all aspects of Canada's legal system and its legal institutions. Beginning with the nature and sources of Canadian law, the author examines the constitutional division of legislative powers, and the impact of the Charter on legislative authority. Separate chapters detail the role and hierarchy of the courts, the role of judges and lawyers, and the principle of stare decisis in shaping judge-made law with a special chapter on the Quebec legal system.
The Canadian Justice System: an Overview, 3rd ed., 2013, by Paul Atkinson.
Looking at Law: Canada's Legal System, 6th ed., 2010, by Patrick Fitzgerald, et al. (KE445 .F58 2010) This is a basic overview of the Canadian legal system, with an emphasis on the common law jurisdictions.
Introduction to the Law and Legal System of Canada, by Nancy McCormack and Melanie R. Bueckert.(KE444 ..M33 2013)
Many Canadian law reviews are indexed back to 1980 in the Index to Legal Periodicals and Books, and many Canadian law reviews are accessible through Lexis, Westlaw, and the HeinOnline Law Journal Library. The Library also has a print edition of the Index to Canadian Legal Literature, 1985 - 2005 (Index Table KE1 .I53) in the ALF. This 12-volume index includes author and subject indexes as well as an index of book reviews.
The Library also selectively acquires books on all topics of Canadian law. The best way to search for this material in IUCAT is to combine the subject keyword 'Canada' with keywords from the title, e.g., 'torts' or 'contracts'.
Practical Guide to Canadian Legal Research, 4th ed., 2015, by McCormack. This is a concise introduction to Canadian resources which includes checklists to follow in researching.
Legal Research Handbook, 6th ed., 2013, by MacEllven et al. This title contains lists of primary sources and an extensive treatment of Canadian law databases. It also provides research check lists.
La Recherche Documentaire en Droit, 6th ed., 2008, by Le May et al. Covers federal and Québec provincial legal research, with some information about other provinces.
Essential Sources of Canadian Law, 2008, by Eaton and Le May (KE 1 .E28). This title is a subject guide to primary and secondary sources on over 100 different subjects.
There are also two electronic research guides worthy of note. Best Guide to Canadian Legal Research, by Best, provides a tutorial on Canadian legal research. Researching Canadian Law, by Ted Tjaden, includes an introduction to the Canadian legal system and information about both print and online resources.