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Law

Guide to research sources for Canadian and BC law.

How to note up legislation

What is "noting up"?

The law does not stand still. Canadian society changes, and so does the law. New laws are passed – and existing laws amended – by the federal Parliament and provincial legislatures every year. Judges interpret the appropriate application of the legislation in cases. 

To find out how a specific piece of legislation has been treated by the courts, you will need to locate important cases which have interpreted or applied that statute (or piece of legislation). This process is called "noting up" the legislation.

"Good law [is] a term used to indicate that a statute, regulation, or judicial decision is current and still applicable. A statute cannot be good law if it has been repealed or declared unconstitutional. A regulation cannot be good law if it exceeds the statutory delegation of authority or is inconsistent with the statute. A judicial decision cannot be good law if it has been overruled or reversed, or if the statute on which it was based has been changed."

Source: Glossary of Legal Research Terms by Diane Murley, Southern Illinois University Library, 2006. [Archived at: http://fliphtml5.com/hxav/awrf/basic]

Noting up legislation

Noting up legislation in CanLII: Two methods

Method 1

1. Open CanLII and click in the 3rd search box to noteup by title (or citation) of the legislation.

 

2. Start typing the title or citation of the legislation. CanLII will suggest matches. Choose the correct match. ​​​​​

3. Enter the specific section number you wish to noteup

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4. You can filter the citing documents by type and/or jurisdiction.

 

Method 2:

1. Open CanLII and click in the 2nd search box to search for the title or citation of the legislation.

2. Start typing the title or citation of the legislation. CanLII will start to suggest matches. Choose the correct match.

 

3. The full text of the legislation will display. Scroll to the section you wish to noteup (or use the Table of Contents to jump there quickly). In this example, I'm noting up section 94.1 of BC's Motor Vehicle Act.

4. Click on the bubble ("paragraph tool"), then select "Citing Documents".

5. You can filter the citing documents by type and/or jurisdiction.