Citations to Foreign Law in the Supreme Court of Canada

Waiting for Globalization: an Empirical Study of the McLachlin Court’s Foreign Judicial Citations

Peter McCormick

41 Ottawa Law Review 209

From the abstract:

…This paper explores the Supreme Court of Canada’s citations to judicial authority since 2000. The paper argues that the notion of non-Canadian citation must be disaggregated into three component parts – English, American and everything else. – before it can usefully be examined, these three exhibiting quite different patterns; an d its concludes that in none of them can the “expanding globalization” thesis be sustained. … Finally, it looks at the kinds of cases that tend to include non-Canadian citations, and suggests that not only are we still waiting for globalization, but to the extent that we are focusing primarily on rights-based jurisprudence, we may also be looking in the wrong place.

Indigenous Rights Case Law Database from CEPMLP

Court Interpretation of Indigenous Agreements: Database

The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) – University of Dundee (Scotland)

http://www.dundee.ac.uk/cepmlp/mining/indigenous/

From the database description:

This database has been compiled from over 200 cases and articles from courts/tribunals in Australia, Canada, New Zealand and the United States of America. The decisions collated for the database are those that interpret or apply documents involving indigenous parties. The database records, for each decision:

  • a brief summary of the decision (including URL where available);
  • the details of the document(s) involving indigenous parties; and
  • a summary of the court’s/tribunal’s engagement with that document.

The database’s search function allows users to focus and find decisions and articles according to particular need. For example, if researching the relevance of fiduciary obligations in relation to indigenous agreements, the database allows quick collation of all materials relevant to that.

 

 

 

 

 

Legal Research Guide to Canadian Statutes

Legal Research Guide to Statutes

Eric B. Appleby

Maritime Law Book, 2007

http://www.mlb.nb.ca/site/ffiles/statute.pdf

From the introduction:

This legal research guide is meant to provide instruction on how to find cases that are relevant to an issue in the law of statutes and statutory interpretation. This guide does not provide instruction on how to find statutes or regulations.

Table of Contents

1. The language of statutes – common terms defined

2. Operation and effect of statutes

3. Operation and effect, on earlier statutes

4. Interpretation of Statutes

5. Remedial Statutes

6. Penal Statutes

Hat tip: Ted Tjaden.  One of many nuggets in his excellent book “Legal Research and Writing,” 3rd Edition.

Article: The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

SSRN has posted an article on the use of foreign law by constitutional and supreme courts. The author looks at the use of foreign law in constitutional law cases by courts in Australia, Austria, Canada, France, South Africa,  and Switzerland. The article is only available in Spanish.

The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

Rodrigo Brito Melgarejo

In Dret, Volume 2 (2010)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1639031

http://www.indret.com/pdf/720_es.pdf

Abstract:

Despite the relevance of comparative law in constitutional adjudication has repeatedly been at the center of heated debates, in recent years, an increasingly transnational constitutional dialogue between justices has developed in many countries. Some members of a large number of constitutional courts have embraced the possibility of considering the constitutional decisions of other nation’s courts because the potential benefits of comparative constitutional learning are many. Considering other national court decisions or explaining disagreements with them, for example, may stimulate judges to rethink principles or priorities in ways that alter their own constitutional perspective and to find new valuable arguments that renew its own stock of constitutional ideas.

This paper aims at analyzing the way some constitutional courts are using foreign decisions in constitutional interpretation and tries to demonstrate that comparative constitutional reasoning tends every day more vigorously to universality.

Article: The Common Law and the Constitution as Protectors of Rights in Australia

Interesting article comparing fundamental rights, judicial review, and  parliamentary supremacy in Australia, the United States, Canada, New Zealand, and Britain.

The Common Law and the Constitution as Protectors of Rights in Australia

Anthony Gray (University of Southern Queensland)

39 Common Law World Review 119 (2010)

Available online via LexisNexis.

Best Guide to Canadian Legal Research

Catherine Best, a research lawyer at Boughton Law Corporation, maintains the eponymous Best Guide to Canadian Legal Research. This is an easy to navigate site that not just lists resources, but also includes explanatory notes for specific titles or databases.  Both free and pay sites are discussed. Additional guides are available for Australia, European Union, International Law, New Zealand and the UK.  

Hat tip to George W. for finding this great site.

Best Guide to Canadian Legal Research

http://legalresearch.org/

New resources for keeping up with class action litigation and global class action developments

 

I’ve raved and raved about the Bloomberg Law Reports (only because our faculty keep telling me how good they are).  I’m pleased to see a new subject enter the arena:  Bloomberg Law Reports: Class Actions.  Vol. 1, no. 1 is dated September 2008.

The “Featured Article” is “Class Actions in Canada,” by Sean P. Wajert.

For those of you interested in class actions worldwide, we have a new resource here at Stanford, the Global Class Actions Exchange (which also has a paper about Canadian class actions — as well as papers covering many other countries).