Legal Research

Historical Table of Public Statutes 1909–1978 Now on CanLII

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We proudly announced at the end of July the launch of the Historical Table of Public Statutes 1909–1978. This resource was painstakingly compiled and donated to the Law Society by Merrilee Rasmussen, Q.C. with the intention of reducing the time needed to conduct legislative research. Please see our previous blog post describing the process and project in more detail.

Now we are especially proud to announce that the resource is now available on CanLII. We hope that this makes this useful resource more accessible and easier to use. Please see the Commentary section for the Historical Table and other resources provided to CanLII by the Law Society, including Civil Appeals in Saskatchewan: The Court of Appeal Act & Rules Annotated and the Saskatchewan Builders’ Lien Manual.

Law Grad Receives Scholarship

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The 2019 E.M. Culliton Scholarship has been awarded to Ellen Bolger, currently in Vancouver, in the amount of $7,000.

Ellen Bolger graduated from the College of Law, University of Saskatchewan, in June 2017. She has completed her articles and has been offered admission to the graduate studies program at the University of British Columbia.

Ms. Bolger’s thesis will focus on the application of administrative law principles in correctional institutions in Canada; specifically, the level of deference accorded to institutional decision-makers by Courts of review.

The E.M. Culliton Scholarship was established in 1981 in honour of the former Chief Justice of Saskatchewan. It is awarded to graduates of the College of Law at the University of Saskatchewan for the pursuit of graduate studies in criminal law.

Recipients are selected on the basis of exceptional academic record, research potential and exceptional service to the practice of law in Saskatchewan.

Introducing the Historical Table of Public Statutes 1909-1978

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By Christine Muldoon, Resource Coordinator

We are pleased to announce – at long last – the publication of the Historical Table of Public Statutes 1909-1978. This resource was painstakingly compiled and donated to the Law Society by Merrilee Rasmussen, Q.C. As outlined in the Winter 2017 issue of Benchers’ Digest (at pp. 5-7), Merrilee began this project during her time as Legislative Counsel and Law Clerk at the Legislature during the 1980s. She recognized the difficulty that many of us, whether lawyers, librarians, or other researchers, have faced when trying to trace the history of a given Act: traditionally, we have been forced to work backwards, starting with the current iteration of a statute and tracing its history through historical notes.

Each statute revision in Saskatchewan has included tables of the history and disposal of statutes, but these do not indicate which provisions were amended. While Publications Saskatchewan does provide Tables of Public Statutes, Merrilee’s Historical Table collects them all in one place and provides more ample detail about the disposition of particular sections, making note of transitional provisions and coming-into-force dates.

The task of transcribing all the information from Merrilee’s recipe cards was time-consuming. There were also a number of statutes in the list that did not include a disposition. Since those of us at the Law Society Libraries in Regina and Saskatoon have convenient access to a complete set of Saskatchewan statute books (as well as Consolidated Ordinances of the North-West Territories – as it turns out, the years in the title of the Table are somewhat misleading), it made sense to us to try to fill in as many blanks as possible. So, in addition to all of our gratitude to Merrilee Rasmussen, Q.C., I want to extend my thanks to Ken Fox and Alan Kilpatrick (Reference Librarians in Saskatoon and Regina, respectively) and Pat Kelly (Library Tech in Saskatoon) for their meticulous research.

We sincerely hope that members find this resource helpful. I claim responsibility for any errors that may have crept in, and I invite readers to alert me if they find any. I can be reached at christine.muldoon@lawsociety.sk.ca.

 

New Journal Issues- March 2019

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By Sara Stanley, Library Technician

National Insolvency Review
Volume 36, Number 1 (February 2019)

Concordia: Novel Features in a CBCA Restructuring / Kevin J. Zych, Sean Zweig, and Preet K. Bell
New Judgement Clarifies When Bankruptcy Debt May Be Declared Non-Releasable / Oussim Tadlaoui

Canadian Journal of Family Law
Volume 31, Number 2 (2018)

Married Couple, Single Recipient: Understanding the Exclusion of Gifts and Inheritance from Default Matrimonial Regimes / Laura Cárdenas

Moral Evils v Health and Safety Evils: The Case of an Ovum “Obtained” from a “Donor” and Used by the “Donor” in Her Own Surrogate Pregnancy / Pamela M. White

Prestation Compensatoire Et Union De Fait En Droit Québécois : Étude Critique Du Discours Judicaire / Laurence Saint-Pierre

(Some) Mother Know Best: A Case Comment on MM v TB and the Plight of Indigenous Mothers in Child Welfare and Adoption Proceedings / Catherine Wang

Book Review: The Family in Law, Archana Parashar and Francesca Dominello / Mary Jane Mossman

The Advocates’ Quarterly
Volume 49, Issue 3 (February 2019)

The Editor Thinks / Ted Matlow

Reinventing Health Law: The Elusive Search for the Centre / Yola S. Ventresca

Humdrum Becomes a Headache: Lawyers Notarizing Organized Pseudolegal Commercial Argument Documents / Donald J. Netolitzky

A Purposive Approach to Privilege in the Context of Internal Investigations / Gerald Chan and Carlo Di Carlo

Beyond the Shadows of the Past: Eve and Medical Sterilization Reconsidered / Yola S. Ventresca

In the Bramble Bush: Implied Consent to Possession of a Motor Vehicle / Joshua J. A. Henderson and David Bierstone

Trust as a Factor in Designing Effective Mediation Processes / Shannon Moldaver

1704604 Ontario Ltd. v. Pointes Protection Association: Anti-SLAPP Motions – the Ontario Court of Appeal Points the Way / Taylor Hudson

Estates, Trusts & Pensions Journal
Volume 38, Number 2 (February 2019)

The Regulation of Ontario Retirement Homes: A Primer for Elder Law Advocates in Ontario / John Risk and Heather Hogan

The Increasing Exposure of Retirement Savings to Derivative Instruments / Scott McEvoy

Rights of Surviving Spouses on Death in Canada / Marni M.K. Whitaker

Conjugal Succession Rights in British Columbia and the Yukon / Amy Francis

Comparing Common Law and Marriage Succession Rights in Alberta / Nancy L. Golding

Spousal Succession Rights upon Death in Saskatchewan / Kimberley D. Visram

Entitlements of a Surviving Spouse in Manitoba / Gwen Muirhead

Rights of Married and Common Law Spouses in Ontario on Death / E. Llana Nakonechny and Zahra Taseer

McGill Law Journal
Volume 63, Number 2 (December 2017)

Law Enforcement Access to Encrypted Data: Legislative Responses and the Charter / Steven Penney and Dylan Gibbs

Origines et évolution du droit québécois de l’absence : de l’existence incertaine aux présomptions de vie et de mort / Étienne Cloutier

Le concept d’autonomie dans l’arrêt Carter c. Canada : Au-delà du libre-choix / Karine Millaire

Cabinet Immunity in Canada: The Legal Black Hole / Yan Campagnolo

Expanding the Parameters of Participatory Public Law: Right to Public Participation and the State’s Duty of Public Consultation / Mary Liston

Toward the Unity of Constitutional Value- Or, How to Capture a Pluralistic Hedgehog / Mark D. Walters

The Advocate
Volume 77, Part 2 (March 2019)

On the Front Cover: Caroline Nevin / Kerry L. Simmons

The Welcome Demise of the Fresh Consideration Rule in British Columbia / Thomas A. Posyniak

The Law of Causation: A Cause of Some Confusion / Kimberley A. Knapp

Second Annual Westminster County Bar Association’ Golf Tournament / Richard Molstad

Presentation Made to the Legal Aid Committee of the CBABC November 2018 Legal Aid Colloquium / Richard Peck

Health Law in Canada
Volume 39, Number 3 (March 2019)

Editorial / Rosario G. Cartagena

Fairness or Flaw? Ontario PHIPA Orders and Issue Estoppel in Privacy Breach Cases / Scott Robinson

A Brief History of Regulating Assisted Human Reproduction in Canada / Maria Aurora Nunez

National Creditor Debtor Review
Volume 34, Number 1 (March 2019)

Supreme Court of Canada Decision in Redwater: Early Implications / Melanie Gaston, Janice Buckingham, and Emily Paplawski

Receiver Gets Rapped: A Case Comment on Jaycap Financial Ltd. v Snowdon Block Inc. [2019] A.J. No. 134, 2019 ABCA 47 / Josef Krüger, Robyn Gurofsky, and Miles Pittman

Canadian Business Law Journal
Volume 61, Number 3 (March 2019)

Bank on It: Bank Act Restrictions on Use of the Terms “Bank” and “Banking”, A Case Study on Institutional vs. Functional Financial Services Regulation / Christopher C. Nicholls

Security Interests and Builders’ Liens: Two Solitudes or Complementary Systems? / Ronald C.C. Cuming

Protecting Low-Income Consumers: The Regulation of Rent-to-Own Stores / Gail E. Henderson and Lauren L. Malatesta

The Constitutional Validity and Applicability of the Seizure Provisions of the Securities Transfer Act / Elizabeth Edinger

Employment Lawyers – Check This Out!

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By Ken Fox, Reference Librarian

The Law Society Library is pleased to announce that, in cooperation with Thomson Reuters, we have added EmploymentSource to our WestlawNext platform, which now includes:

  • Criminal Source
  • Employment Source
  • Estates & Trusts Source
  • Family Source
  • Labour Source
  • Law Source
  • Canadian Encyclopedic Digest
  • Canadian Abridgment
  • Index to Canadian Legal Literature

All Saskatchewan lawyers can access these services through the Member Resource Section – look for the WestlawNext Canada heading and the list of direct links to the services which follows.

What does EmploymentSource include?

Well, first and most importantly, it includes up-to-date editions of the following online texts:

  • Canadian Employment Law (Ball)
  • Canadian Health and Safety Law (Keith)
  • Employee Obligations in Canada (D’Andrea)
  • Illness and Disability in the Workplace (D’Andrea)
  • Law of Dismissal in Canada, 3rd Edition (Levitt)

It includes all issues of Levitt’s Dismissal and Employment Law Digest, and an Employment Bulletin, to which new items are added from time to time.

Under Finding Tools, there is a Wrongful Dismissal Quantum Service. So if I enter the term “harassment” in the search, I get a full report on notice periods related to that concept, replete with tables, graphs, and case digests with links to full-text judgments.

Also under Finding Tools, you will find A-Z indices to the all of the above-mentioned online textbooks. The texts are searchable, of course, but there are still situations where an old-school index will get you where you need faster than a search.

What does EmploymentSource exclude?

Yes, unfortunately, we are not able to offer you the full range of titles on display on the EmploymentSource home page. Specifically, we currently don’t have access to any of the texts listed under the heading “eLooseleafs on ProView.” If you see a title or two among those, or anything else, that you think we should invest in, please let us know!

Reminder: Check Us Out on SlawTips

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For the last two years, some of the best legal research and technology tips from our Legal Sourcery team have also been featured on SlawTips. Every Tuesday, Wednesday and Thursday, SlawTips features advice you can use on technology, practice and research. If you want to receive these tips directly, you can sign up with email or RSS, and you can follow @SlawTips on Twitter. Excerpts also appear each Tuesday on Slaw.ca for the week’s most recent entries.

Recent SlawTips include:

How to Save a Specific Paragraph from a Decision from CanLII on Lexbox

The Verb Summons: A ‘Horrible Expression’?

Printing Clean Versions of Web Pages

A full list of all 125 of our legal research tips so far can also be found under the ‘Tip of the Week’ category on the right hand side of our blog or by following this link. Our technology tips are listed under ‘Technology’ or can be found here.