Noting Up a Statute (Tip of the Week)

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By Alan Kilpatrick

Over the coming weeks, we will explore a variety of ways to note up a statute.  This is a crucial part of the legal research process that allows you to identify the judicial treatment and interpretation of a statute.  Noting up a statute allows you to locate cases that have discussed the meaning and application of that statute.  Regulations can be noted up as well.

There are a variety of resources that can help you note up a statute quickly and effectively.  This includes the Saskatchewan Cases Search, CanLII, and the Canada Statute Citations.  This week, we will look at the Saskatchewan Cases Search.  This is a database that was created by the Law Society of Saskatchewan Library in 1999.  It is updated and maintained by library staff on a frequent basis and is a great legal resource.

For example, let’s use the Saskatchewan Cases Search to note up The Family Property Act, SS 1997, c F-6.3.  A link to the database can be found on the library homepage.

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Let’s start by typing the statute name in the statute considered box and then clicking the search button.  This will conduct a search for Saskatchewan cases that have considered this statute.

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The search located 381 cases that have considered the statute.  A statute considered box is included with each of the results.  For example, we can see below that Propp v. Propp, 2014 SKCA 5 has considered this statute.

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Let’s continue by making the search more specific.  Let’s note up section 22 of the statute by typing family property act & 22 in the statute considered box.

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This new search located 94 cases that considered section 22 of the statute.  For example, we can see that Hamblin v Masniuk, 2013 SKQB 66 has considered section 22 of the statute.

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Let’s continue by making the search even more specific.  Let’s identify cases from the Saskatchewan Court of Appeal from the last three years that considered section 22 of the statute.  We can specify the date range and court level below.

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This search located five Saskatchewan Court of Appeal cases from the past three years that considered section 22 of the statute. For example, we can see Tanner v. Jones, 2012 SKCA 68 below.

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If you have any questions about noting up a statute with the Saskatchewan Cases Search, feel free to contact the library at reference@lawsociety.sk.ca or (306) 569-8020.

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Sources:

  1. Bora Laskin Law Library – Step 3: Noting Up – Legislation
  2. Law Society of Upper Canada Resource Centre – How to Note Up Statutes and Regulations
  3. Queen’s University Lederman Law Library – Statutes Considered
  4. Best Guide to Legal Research – Statutory Research

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