Noting Up a Statute – Part 2 (Tip of the Week)

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By Alan Kilpatrickstatute2_1

Noting up a statute is a crucial part of the legal research process.  It 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.

Last week, we learned how to note up a statute with the Saskatchewan Cases Search.  This week, we will learn how to note up a statute with the Canadian Statute Citations (CSC).  This is an authoritative print resource available in the Law Society of Saskatchewan Library.

“Canadian Statute Citations is a national statute citator, providing a list of Canadian federal, provincial and territorial statutes, as well as international and foreign statues which have been the subject of judicial consideration by Canadian courts and administrative tribunals.”

statute2_2CSC is arranged in several different volumes based on legal jurisdiction.  Each province has its own set of volumes.  For example, we can see some Saskatchewan volumes below.  Individual volumes are organized alphabetically by statute title.

The dark blue hardcover volume on the left is the CSC Saskatchewan volume for statutes beginning with the letters A-L.  It contains the judicial treatment of Saskatchewan statutes up to September 2004.  The light blue soft cover volume on the right is the CSC Saskatchewan Annual Supplement.  It contains the judicial treatment of Saskatchewan Statutes from September 2004 to the present.   As such, noting up Saskatchewan statutes with the CSC is a two-step process:

  • First, the hardcover CSC Saskatchewan volume must be consulted to determine the judicial treatment of a statute to September 2004
  • Second, the softcover CSC Saskatchewan Annual Supplement must be consulted to determine the judicial treatment of a statute from September 2004 to the present

Each CSC volume features a helpful user guide that explains how to use the resource.

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“Developments in the judicial treatment of any statute are indicated by symbols together with the style of cause, docket number and/or citation of the decision in which the statute was considered.  The symbols used and their meanings are as follows:”

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Let’s continue by learning how to use the CSC to note up The Family Property Act, SS 1997, c F-6.3.  First, let’s select the CSC volume for Saskatchewan statutes beginning with the letters A-L.  Next, let’s open the volume and flip through the pages until we find the statute we are searching for.

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On the right side of the page, we can see a list of cases that have generally considered this statute.  Let’s continue by checking the CSC Saskatchewan Annual Supplement next.  Let’s flip through the pages of the annual supplement until we find the statute we are looking for.

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We can see a list of cases that have generally considered The Family Property Act, SS 1997, c F-6.3 on the right side of the page.  The CSC can also be used to note up a specific section of a statute.  The CSC lists considerations of specific sections immediately after the general considerations.

If you have any questions about noting up a statute with the CSC, please feel free to contact the library at reference@lawsociety.sk.ca or (306) 569-8020.  Next week, we will learn how to note up a statute with CanLII.

 

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Source:

Canada Statute Citations – http://www.carswell.com/product-detail/the-canadian-abridgment-canadian-citations-canadian-statute-citations/

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