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 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/