NCA Legal Research and Writing in Canadian Context 1 — Questions and Answers
Question 1: In the Canadian legal citation system (McGill Guide), which format correctly cites a Supreme Court of Canada decision?
- R v. Smith (2023) SCC 15
- R v Smith, 2023 SCC 15 (Correct answer)
- R v. Smith [2023] 1 SCR 100
- Smith v. R, SCC 2023, para 15
Correct answer: R v Smith, 2023 SCC 15
The McGill Guide (Canadian Guide to Uniform Legal Citation) requires: party names in italics with no periods in abbreviations, year, court abbreviation, and decision number. e.g., R v Smith, 2023 SCC 15. Square bracket citations with reporter volumes are the older format for pre-neutral citation cases.
Question 2: Which database is the primary official source for Supreme Court of Canada decisions and provides free public access?
- Westlaw Canada (Thomson Reuters)
- LexisNexis Quicklaw
- CanLII (Canadian Legal Information Institute) (Correct answer)
- Heinonline
Correct answer: CanLII (Canadian Legal Information Institute)
CanLII (canlii.org) is a free, publicly accessible database operated by the Federation of Law Societies of Canada that contains legislation and case law from all Canadian jurisdictions, including SCC decisions. It is the official free source for Canadian legal research.
Question 3: In Canadian legal memoranda, the IRAC method stands for:
- Introduction, Reasoning, Analysis, Conclusion
- Issue, Rule, Application, Conclusion (Correct answer)
- Issue, Research, Arguments, Cases
- Introduction, Rule, Application, Commentary
Correct answer: Issue, Rule, Application, Conclusion
IRAC is the standard legal analysis structure: Issue (the legal question), Rule (the applicable law), Application (applying the law to the facts), and Conclusion (the answer to the issue). It is used in legal memoranda, facta, and examinations across Canadian law.
Question 4: When researching Canadian statutory law, which source provides consolidated federal statutes and regulations updated to reflect current amendments?
- The Canada Gazette, Part I
- The Justice Laws Website (laws.justice.gc.ca) (Correct answer)
- Hansard
- The Law Commission of Canada reports
Correct answer: The Justice Laws Website (laws.justice.gc.ca)
The Justice Laws Website (laws.justice.gc.ca) provides consolidated versions of federal statutes and regulations in Canada, updated to reflect recent amendments. The Canada Gazette publishes new legislation and amendments as they are enacted but is not a consolidated source.
Question 5: In legal writing, a 'factum' in Canadian courts refers to:
- A statement of admitted facts in a trial proceeding
- A written legal argument submitted to an appellate court that sets out the facts, issues, law, and submissions of a party (Correct answer)
- A formal statement of claim in a civil proceeding
- Minutes of settlement agreed to by the parties
Correct answer: A written legal argument submitted to an appellate court that sets out the facts, issues, law, and submissions of a party
A factum (plural: facta) is the written advocacy document submitted to Canadian appellate courts. It contains: a statement of facts, issues in dispute, the applicable law and argument, and the requested relief. Rules of court prescribe its format, page limits, and content.
Question 6: Under the doctrine of stare decisis in Canada, which court's decisions are binding on which courts?
- Only Supreme Court of Canada decisions are binding on all courts; Court of Appeal decisions are merely persuasive
- The Supreme Court of Canada binds all courts; provincial Courts of Appeal bind all courts within the province; trial courts are bound by all superior court decisions in their hierarchy (Correct answer)
- All courts are bound by all higher courts in all provinces
- Courts of Appeal decisions from one province are binding on courts in other provinces
Correct answer: The Supreme Court of Canada binds all courts; provincial Courts of Appeal bind all courts within the province; trial courts are bound by all superior court decisions in their hierarchy
The Canadian stare decisis hierarchy: the SCC binds all Canadian courts. Provincial Courts of Appeal bind all lower courts in the same province. Trial courts must follow Courts of Appeal from other provinces as highly persuasive but not binding. Horizontal stare decisis (courts bound by their own prior decisions) applies with some flexibility at the appellate level.
NCA Legal Research and Writing in Canadian Context 1
In the Canadian legal citation system (McGill Guide), which format correctly cites a Supreme Court of Canada decision?