By Alan Kilpatrick
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.
Over the past two weeks, we have learned how to note up statutes with the Saskatchewan Cases Search and the Canadian Statute Citations. This week, we will learn how to note up a statute with CanLII. CanLII is a searchable resource that provides free online access to Canadian law.
For example, let’s use CanLII to note up The Family Property Act, SS 1997, c F-6.3. A link to CanLII can be found on the Law Society of Saskatchewan Library homepage.
Let’s start by typing the name of the statute in the noteup search box.
The name of the statute will automatically appear in a drop down menu below the search box. Continue by selecting the statute name from the drop down menu.
Based on the results, the search located 560 Canadian cases that have considered the statute. For example, we can see that Phillips v. Phillips, 2010 SKCA 117 has considered this statute.
Let’s continue by making our search more specific. Let’s identify Saskatchewan cases that have considered section 22 of The Family Property Act, SS 1997, c F-6.3.
First, let’s select Saskatchewan from the jurisdiction menu on the left.
Second, let’s specify section 22 in the section box on the right.
Based on the results, the search located 88 Saskatchewan cases that have considered section 22 the statute.
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 have considered section 22 of the statute.
First, let’s select the Saskatchewan Court of Appeal from the court and tribunal menu.
Second, let’s specify the past three years from the date menu.
Based on the results, the search located 5 Saskatchewan Court of Appeal cases from the last three years that have considered section 22 the statute.
If you have any questions about noting up a statute with CanLII, please feel free to contact the library at firstname.lastname@example.org or (306) 569-8020.