CML 1101: Principles of Legal Research (Fall 2009)
ALL SECTIONS
Student #:______Course Section:______
: : Assignment #4 : :
Westlaw Canada and LexisNexis/Quicklaw comparison – CanLII –
Legal research resources review
( 10% )
Please type your answers into this document, or on a separate sheet of paper.
If you must handwrite, please make sure all answers are legible.
Due at the beginning of class during the week of Nov. 23-27.
Please hand it in directly to your professor for this course.
When indicated, cite your answers using the McGill Law Journal’s Canadian Guide to Uniform Legal Citation, 6th ed. (Toronto: Carswell, 2006).
Part A (WestlawCanada & LexisNexis/Quicklaw)[5 points]
1. What major component of WestlawCanada is not available in LexisNexis/Quicklaw?[1 point]
2. Search both databases using this citation: 2008 SCC 40. Once the appropriate case appears in full-text in front of you in each database, answer the questions below.[3 points]
a.What is the style of cause (case name) in:
WestlawCanada ______
LexisNexis/Quicklaw ______
b.Locate the list of citations and parallel citationsfor this case. What is the very first citation that appears in:
WestlawCanada ______
LexisNexis/Quicklaw ______
c. Describe how you would note up the case in each database (i.e., what is the name and where do you find the noting-up feature in each system?):
WestlawCanada ______
LexisNexis/Quicklaw ______
3. Describe your experience so far in using both WestlawCanada and LexisNexis/Quicklaw. For example, is there one that you prefer? If so, why? Do you find themuser-friendly, intuitive to use? etc. Please write about 2-3 sentences.
[1 point]
Part B (CanLII)[3 points]
CanLII ( is a non-profit organization whose goal is to make Canadian law accessible for free on the Internet, and can be a valuable resource when searching for Canadian case law and legislation.
4.Using CanLII, for the case mentioned in Question 2 above, please answer the following:
a. Locate CanLII’s list of citations and parallel citationsfor this case. Give the full, complete citation to this case, putting the citations given by CanLII in their proper order according to the hierarchy outlined in the McGill Guide. [Hint: Don’t forget to include the S.C.R. citation which is included at the top of the page next to the name of the case!] [2 points]
b.Is it possible to note up the case using CanLII (that is, find a list of other cases that have cited this case)? If so, what is the name and where do you find the noting-up feature in CanLII? [1 point]
Part C (Legal research resource review)[12 points]
Using the appropriate legal resource, answer the following questions. For each question, please also indicate what source(s) you used or how you went aboutfinding the answer.
5.Find and cite an article written by Kent McNeil in 2000 about section 88 of the federal Indian Act. [2 points]
6.The Canadian Inuit population has been preoccupied for many years by the destruction of fish habitat in the Arctic.
a)Using a law database other than Westlaw Canada and LexisNexis/Quicklaw, find and citea fairly recent (i.e., within the last 15 years or so) article that discusses this issue. [2 points]
b)Find and provide a statutory definition for “fish habitat”, as defined by federal legislation. Cite the federal law in which you found this statutory definition. [Hint: Don’t forget to pinpoint the exact section of the law where the definition is given!] [2 points]
c)Within the last decade, there was a case on this topic that, in particular, dealt with the existence or construction of a diamond mine. Find and cite this case (no parallel references are necessary, but make sure you cite the most official reporter according to the hierarchy outlined in the McGill Guide).[2 points]
7.Montfort Hospital (“Montfort”), located in the east end of Ottawa, is the only hospital in Ontario which provides French-language services. In 1997, following a province-wide review of health services, Montfort was directed to substantially reduce its services. It appealed this direction to the Ontario Divisional Court. In 2001, the Ontario Court of Appeal upheld the Divisional Court’s quashing of the directions, saying that, while the commission had not violated the equality rights of francophones under s. 15 of the Canadian Charter of Rights and Freedoms, it had failed to consider the unwritten constitutional principle of respect for and protection of minorities (Lalonde v. Ontario (Commission de restructuration des services de santé) (2001), 56 O.R. (3d) 577 (C.A.)).
You have been asked to conduct some research on the issue of minority language rights and constitutional principles. Give the full citation to 2 specific sourceswith which you might start your research, and for each one, advise whyyou would consult that source. [Hint: Your sources should be specific – e.g., cite a book or other source on the topic, rather than just stating “I would search for case law in Westlaw Canada.”][4 points]
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