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PBSC Research Scenario for Trainers 2013-2014, Prezi Presentation prepared by Susan Barker

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Susan Barker

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Transcript of PBSC Research Scenario for Trainers 2013-2014, Prezi Presentation prepared by Susan Barker

We thank:

Professor Allan Hutchinson, Osgoode Hall Law School
Cynthia Hill, 3L Law Student, Osgoode Hall Law School
Susan Barker, Digital Services /Reference Librarian University of Toronto

for their support.
Westlaw® Canada Support for PBSC

Pro Bono Research Checklist
Technical Support/Research Support: 1-800-387-5164
PBSC Support Materials and Westlaw® Canada Tutorials (www.westlawcanada.com/students )
Bonnie.preece@thomsonreuters.com
Key Takeaways: 5 Research Tips
1. It’s okay (and important) to ask questions
2. Always update and note-up
3. Remember the 10 to 15 minute rule*
4. Keep track of your research**
5. Efficiency is essential

*If after 10 to 15 minutes you aren’t getting anywhere, return to #1, visit your Law Librarian
**Review the Research Trail functionality in Westlaw Canada
Step 4: Additional Authorities
Secondary Sources
Librarians – check again
Government Departments
Associations
Google
Primary Sources
Laws from other jurisdictions (e.g. U.S.)
Step 2B: Legislation - Regulations


Don’t forget you may need to look at regulations as well
Like statutes, regulations are a form of legislation and like statutes they have force of law
However, statutes state broad principles while regulations provide the practical details that make those statutes work.
Regulations are enacted by the executive bodies that the parliament or legislature has authorized
Regulations cannot be made outside the purview of the enabling legislation
The easiest place to locate regulations for all jurisdictions is CanLII (www.canlii.org) or on the relevant government websites under the name of the enabling statute
Step 2A: Locating Case Law
Using Case Law Digests

The value of a digest is in its subject classification. Each case is assigned one or more subject headings so you can easily and efficiently locate all cases that touch on like or similar points of law
Each digest provides a brief synopsis of the case and its disposition as well as a link to the full text of the case if available. You can read through the digest quickly to see if it appropriate to include in your research
Step ID – Look for Journal Articles
You can also search full text journal databases by keyword using terms and connectors

HeinOnline
Law Reports Articles and Journals (WLC)
WORLD-JLR (WLC)
All Canadian Legal Journals (QL)
Full Text Journal databases enable you to search by complete articles by keyword. This is useful if you are looking for a narrow topic or specific situation rather than a broad general topic.
Searching full-text Westlaw Canada and QuickLaw/LexisNexis is similar to searching the Indexes. Just key in your terms and or concepts and view the results. The search interface for Hein is somewhat different than the other two.

Step 1: Secondary Sources

A. Start with Textbooks and Loose-leaf Services:
Patrick J. Monahan, Constitutional Law
Peter Hogg, Constitutional Law of Canada
Robert J. Sharpe & Kent Roach, The Charter of Rights and Freedoms
B. Move to Encyclopedias (search terms – broad to narrow)
Canadian Encyclopedic Digest
Halsbury’s Laws of Canada
C. Then move to Journals (search terms – broad to narrow)
Index to Canadian Legal Literature on WLC & QL
Law Reports, Articles & Journals (WLC)
Journals & Commentary (QL)
Legaltrac, HeinOnline
Plan Before You Start
Understand the assignment
Chart a plan of action & write-down initial thoughts
Ask your librarian to assist with your planning
Keep track of every step
WESTLAW® CANADA
PBSC Research Session
2013-2014 Academic Year

Prepared under the direction of Professor Allan Hutchinson, Osgoode Hall Law School
Research: Susan Barker, Digital Services and Reference Librarian, University of Toronto Bora Laskin Law Library, University of Toronto Faculty of Law
Research: Cynthia Hill, 3L Law Student, Osgoode Hall Law School
Key PBSC Support Materials
Step 2A: Full Text Case Law Search Results (WLC)
8 search results are produced after narrowing the search
Step 2: Primary Sources
Primary Sources

[A] Case Law
[B] Legislation (Statutes & Regulations)
Step 1C – Search for Journal Articles (QL)
Results – 2 documents
Step 1C – Search for Journal Articles (QL)
Select “All Canadian Legal Literature Indexes”
You can also search the All Canadian Legal Literature Indexes on Quicklaw
Step 1C – Search for Journal Articles (WLC)
Enter “panhandling” as a keyword search
Start by searching the Index To Canadian Legal Literature
Step 4: Additional Authorities
Step 3: Example “Noting-Up” using QuickCITE
R. v. Banks, [2007] O.J. No. 99
View the QuickCITE entry
Enter Citation in the search box
Step 3: Updating or “Noting-Up”
Cases
KeyCite (Westlaw Canada) (colourful flags)



QuickCite Case Citator (QL) (colourful signals)





Statutes and Regulations
KeyCite (Westlaw Canada)
QuickCite Statute Citator (QL)
Step 2B: Legislation – Regulations
The Safe Streets act has no attendant regulations but the Safe Drinking Water Act has 13
Step 2A: Full Text Case Law Search Results (QL)
This search located 7 cases
Click on the Court Cases tab and search for “pandhandl!” /p “homeless” AND “Charter”
Step 2A: Full Text Case Law Searching (QL)
Step 1D – Look for Journal Articles
HeinOnline Results (28 results – more than the ICLL)
Step 1D – Look for Journal Articles
Also search HeinOnline Law Journal Library
Search panhandling and charter in text and canada in country
Conduct the same search in Halsbury’s Laws of Canada
charter and streets and (panhandl! or squeegee)
Step 1B –Search a Legal Encyclopedia (QL)
Enter search terms
Step 1B – Search a Legal Encyclopedia (WLC)
1 result
Reference to relevant legislation and caselaw
Results – 1 Entry
Start by searching the CED (Canadian Encyclopedic Digest)
search for: “charter and streets and (squeegee or panhandl!)”
Step 1B –Search a Legal Encyclopedia (WLC)
Enter search terms
Start by looking in a leading text or treatise
Search using, tables of contents or indexes, or if online – search by keyword (e.g. “panhandling”)
Even if you do not locate anything on point you may find key terms or concepts that will help you frame/limit your question
Step 1A – Textbooks and Loose-Leaf Services
Is it a question of jurisdiction?

Monahan’s Constitutional Law on the sources of municipal powers
Is it a question of rights?

Sharpe & Roach’s Charter of Rights and Freedoms on freedom of expression
Sample Research Question
You have been asked to provide a general research memo on whether the Constitution allows Canadian municipalities to place any limits on panhandling or can ban panhandling altogether in a geographic area.
Luncheon Agenda
Welcome and Introductions
Research Process
Support Materials
Questions
Step 3: Example “Noting-Up” using KeyCite
Follow up by looking at R v B (T)
Reference to R v Banks in R v B (T)
Step 3: Example “Noting-Up” using KeyCite
Method 1: Enter the citation 84 OR (3d) 1 with KeyCite
Method 2: Hit yellow flag for KeyCite while in the case
How to note up R v Banks
Step 2A: Locating Case Law
Case Digests – The Canadian Abridgment on Westlaw Canada
Results – 4 subject areas
Subject Titles
Step 2A: Locating Case Law
Case Digests – The Canadian Abridgment on Westlaw Canada
Search for panhandl! and constitution
Sample Research Map
Charting a Plan & Initial Thoughts
Areas of law:


Possible Search terms:



Legislation

Case Law

Textbooks:
Areas of law:
Charter rights, freedom of expression, constitutional law, municipal law

Search terms:
Panhandle, panhandling, homelessness, begging, beggar, economic rights

Legislation:
Charter sections

Case Law:
case about squeegeeing

Textbooks:
Hogg on Constitutional Law, Monahan on Constitution Law
Step 2B: Legislation - Statutes
The easiest place to locate legislation for all jurisdictions is CanLII (www.canlii.org) or on the relevant government websites. You will find the most recent current consolidations of the statutes on these sites however you must be aware that they are only considered official in a few jurisdictions and you may need to refer to the print versions.
Search for Safe Streets Act in Ontario
Result: Current Consolidated Version of the Statute
Step 2A: Full Text Case Law Searching (CanLII)
Step 2A: Full Text Case Law Searching (WLC)
A search of the cases database for “panhandl!” /p “homeless” yields 18 results so narrow the search with “Charter” by using the “Locate in Result” link
This search yields 8 Documents
Step 1C – Search for Journal Articles (WLC)
Results - 3 docs which include the search term: “panhandling”
3 relevant documents
Link to Full Text
Subject Headings
Step 1B – Search a Legal Encyclopedia (QL)
Reference to relevant legislation and caselaw
Results – 1 Entry
Step 2A: Administrative Tribunals
Cases from Administrative Tribunals do not have precedential value in the courts
It might, however, still be useful to pro bono researchers preparing for a hearing before a tribunal to see how issues have been previously decided
In QL Click on the Tribunal Cases Tab
In CanLII, select the Jurisdiction and then link to the Tribunal
In WLC, Tribunal cases are included case law searching unless the Decision Type is limited to Tribunal Decisions Only
number of times this article has been cited
Full transcript