Federal Statutes Judicially Considered

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Copyright © 1995-2008 Catherine P. Best
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Various tools enable you to ascertain whether a federal statutory provision or regulation has been judicially considered.
 
bulletKeyCite on WestlaweCARSWELL is an electronic tool for finding judicial consideration of Canadian statutes and regulations. You can search by name or by citation for the KeyCite result. It is based on Canadian Statute Citations and has the same historical depth and treatment codes.
bulletCanadian Statute Citations is published as part of the Canadian Abridgment. It covers judicial consideration of statutes from all Canadian jurisdictions. It is published in regional segments. To find judicial consideration of a federal statute, check the Canada/International volumes in the set, and then update using the monthly paper parts. Coverage is quite comprehensive. No digest of the case is provided. For this reason, it may be more efficient to first look through those citators or annotated statutes providing digests of the citing cases, and then go through this publication.
bulletCheck whether an annotated version of your statute exists. The annotation will contain references to judicial consideration of each statutory provision, and may also cover legislative history of each provision. Sometimes the annotation will contain additional information on the section, including the policy behind it and an analysis of cases considering it. If there is an annotated version of your statute available, this is a good place to start.
bulletCCH may have published a consolidated version of your statute with commentary for each section, such as the Canada Corporations Guide. Check for CCH publications on your topic using the CCH Rapid Finder Index. Updates to CCH binders may not be interfiled. They are usually put under a tab for recent developments. Be sure to always check the material under this tab, as the main volume may not contain current information.
bulletThe Canada Statute Citator primarily contains legislative history information. However, it does include some coverage of judicial consideration. It is a quick source to check for judicial consideration, but should never be the only place you check.
bulletQuicklaw can be used to find judicial consideration of a statute using QL search syntax.
bulletIndices to case reporters usually contain a table for statutes judicially considered. For example, the National Reporter is published with cumulative indices containing a table for both statutes and regulations judicially considered. Topical reporters also contain this type of information.
 

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This page was last modified  August 15, 2008
Copyright © 1995-2008 Catherine P. Best
Conditions and terms of use