• The average legal assistant salary in the province varies widely, ranging between $25,000 and $105,000, with most assistants receiving a salary between $56,000-$75,000 per year.
• Pay is significantly higher ($85,000+) for paralegals and legal assistants who have over 20 years of experience, particularly in Edmonton and Calgary.
• Without knowing the number of participants who responded with a location outside of the main city centres, it appears, and makes logical sense, that those who work in smaller towns or cities are making a lower annual salary compared to those working in Edmonton and Calgary.

References

Alberta Association of Professional Paralegals. (2023). Salary survey. https://alberta-paralegal.com/wp-content/uploads/2025/08/2023-Salary-Survey-Combined-Report.pdf

Bovill, C. (2013). An investigation of co-created curricula within higher education in the UK, Ireland and the USA. Innovations in Education and Teaching International, 51(1), 15–25. https://doi.org/10.1080/14703297.2013.770264

Government of Alberta. (2023). Occupation profile: Lawyer. https://alis.alberta.ca/occinfo/occupations-in-alberta/occupation-profiles/lawyer/

Scace, M. (2023, November 8). $100,000 a year is no longer a living wage for a family in Calgary: Report. Calgary Herald. https://calgaryherald.com/news/local-news/calgary-families-struggling-living

• Alberta Rules of Court, Alta Reg 124/2010
• Fees and Expenses for Witnesses and Interpreters Regulation, Alta Reg 227/2021
• Justices of the Peace 2017 Compensation Commission Regulation, Alta Reg 61/2017
• Justices of the Peace 2021 Compensation Commission Regulation, Alta Reg 64/2021
• Provincial Court Judges and Applications Judges 2021 Compensation Commission Regulation, Alta Reg 65/2021
• Surrogate Rules, Alta Reg 130/1995
• Transcript Fees and Format Regulations, Alta Reg 167/2010

• In the first panel, the man is visibly frustrated as he uses a laptop and says, "I can't find anything!"
• In the second panel, someone is saying to him, "Try using Boolean search terms..."
• In the third panel, the man is enthusiastically using the laptop and saying out loud, “PIZZA AND ROBOTS OR NINJAS NOT ZOMBIES!!!”

• In the first panel, "Case law consists of written decisions by judges."
• In the second panel, "A case has key elements like the purpose, facts, issues, and decision."
• In the third panel, "Stare decisis means to stand by things decided."
• In the fourth panel, "Learning to read cases is an important skill for paralegals."

• Top textbox: In the common law in Canada, judges must follow the principle of stare decisis, which requires that judges follow the previous rulings (i.e. precedents) of other judges in higher courts in their province or territory and the Supreme Court of Canada on the same issue.
• Bottom left textbox: A judge must follow similar decisions of the higher courts in the same jurisdiction. This means the judge would be bound by that precedent.
• Bottom middle textbox: The judge is bound by the precedent unless there are substantive factors that differentiate the case from the precedent.
• Bottom right textbox: A judge may follow similar decisions of courts in other jurisdictions if they find those decisions persuasive. The judge is not bound by the decision, but it can be used to persuade.

• A header spans the top of the first and second panels:  A PARALEGAL ETHICALLY USES ARTIFICIAL INTELLIGENCE
• In the first panel, the paralegal is seated using a desktop computer, and the monitor displays an image of a robot that says, "Of course! I've generated a letter addressed to opposing counsel."
• In the second panel, the paralegal is saying, "I need to review this letter for accuracy and ensure that any references to case law are not hallucinations before I forward this to my supervising lawyer.
• In the third panel, the paralegal is seated at a computer and speaking on a phone, "Good morning, lawyer! I've confirmed the information on the letter. Do you want to review it before I send it out?"
• In the fourth panel, the paralegal is with the lawyer and says, "Here is the final letter for your review." The lawyer responds, "Great work!"

• Issue: What is the legal issue I am addressing?
• Law: What does the legislation and case law say?
• Analysis: How do the facts apply to the law?
• Likely Outcome: What is the most likely result and why?

Introduction

Online Searches vs. Print Searches

Merits of Online Databases

Online databases have significantly simplified the legal research process. Online information is accessible through free sources such as CanLII. Finding tools like keyword searches and hyperlinked tables of contents helps to locate specific information quickly. Accessibility to information is much easier through electronic sources, without the need to purchase physical copies of law books. Often, online textbooks are offered at a reduced price or are available for free. Copies of this information are transportable by using hard drives or a cloud-based storage platform, making them more accessible than print sources. Many online sources are accessible from anywhere with an internet connection. Another reason online sources are helpful is that website moderators can update the information more efficiently and more frequently, resulting in a more accurate source. Online legal databases are equipped with note-up software that ensures the legislation is the most up-to-date version and that case law has not been repealed. In the same scenario, the print source cannot be updated, and a new volume of the print source would need to be published. As a result, the book would become outdated quickly, and new versions would need to be purchased often. If the old version continues to be relied on, a decision that proves a legal argument may be appealed, which can be detrimental to a case. Commonly used online resources are listed in the drop-down menus below:

Search Strategies

Plain or Natural Language

Boolean Searching

Plain Language Search vs. Boolean Search

Boolean Search

Terms and Connectors

Logical Operators Summary

[caption id="attachment_130" align="aligncenter" width="1024"] Figure 3.2 Three Venn diagrams showing Boolean search operators. [Image description – See Appendix A Figure 3.2]. Source: Original image by Elyse Kuhn and Kassandra Rueker, CC BY-NC 4.0.[/caption]

Narrowing Your Search

Proximity Connectors

Proximity connectors are used in search queries to specify the closeness of keywords within a text. These connectors allow users to refine their searches by determining how closely words must appear together, which can enhance the precision of search results. By using proximity connectors, researchers can find documents where the relationship between terms is more relevant, thereby improving the accuracy and relevance of the information retrieved. Proximity connectors function like the AND operator and keyword order is only restricted with certain connectors. Different databases may treat the same connector with slightly different parameters, as outlined below.

Table 3.1 Proximity connectors

CONNECTOR	PROXIMITY	EXAMPLE
/n	Keywords are within "n" distance to each other to a maximum of 255 words.	For words within 10 words of each other, it would be landlord /10 eviction.
/s	Keywords are within the same sentence[footnote]Within LexisNexis, the /s operator actually searches within 25 words and is not restricted to the exact sentence.. [/footnote].	cat /s purring
/p	Keywords are within the same paragraph[footnote]With LexisNexis, this will search within 75 words as each other, not necessarily within the same paragraph.[/footnote].	dog /p training
+n[footnote]Not available in Canlii. [/footnote]	The first keyword must precede the second keyword within "n" words to a maximum of 255 words.	For results with landlord no greater than 10 words prior to eviction, it would be landlord +10 eviction.
+s[footnote]Not available in Canlii.[/footnote]	The first keyword must precede the second keyword in the same sentence.	The search legal +s fees will only return results where the term legal precedes fees.
+p[footnote]Not available in Canlii.[/footnote]	The first keyword must precede the second keyword in the same paragraph.	The search medical +s malpractice will only return results where the term medical precedes malpractice within the same paragraph.

Searching Phrases

When searching for a specific phrase, a result will automatically be generated from that alone; this is very similar to a natural language search. For example, if a search is done for the phrase interim support, the database search will function similar to an OR search with results containing either the keyword interim or support. In order to narrow the search and receive results containing the exact phrase, place the phrase into quotation marks, “interim support.” This will generate results that only include that exact specific phrase (AustLII, n.d.).

Variant Spellings or Tenses

To accommodate the words in the English language that are spelled in different ways with similar meanings, some databases employ a substitution symbol within the word to search for all possible spellings or variations of that word. Westlaw uses an asterisk (*), also known as a wildcard symbol, to take the place of a single variable letter. Whereas, LexisNexis uses a question mark to take the place of a single variable letter. For example, entering wom*n in Westlaw or wom?n in LexisNexis in a search will find instances of both “woman” and “women,” effectively covering both singular and plural forms. Similarly, behavio*r or behavio?r can be used to retrieve results for both “behavior” and “behaviour,” accommodating differences in American and British spellings. Verb tenses can also be accommodated with this method with words such as “ran” or “run” both being results of the search r*n or r?n. However, this type of usage may also result in unintentional unrelated results such as “rin,” an outdated Japanese monetary unit. Overall, this method is particularly useful for identifying terms that share a common root but may differ in spelling, tenses, or regional usage, thereby broadening the scope of search results.

Truncation and Wildcard Searches

Many root words have multiple endings in the English language. For example, to avoid having to search for harassed, harassing, harassment, or harasses, databases allow for truncation of searches by using wildcard search operators. Unlike the substitution within words that is restricted to subscription sources, Canlii and most other free sources also use wildcard searches for the ending of words.

Structuring Your Boolean Search

Additional Resources

References

Introduction

Recall that the primary sources of Canadian law are legislation and case law. Both are integral to successful legal research. This chapter focuses on learning to read case law. In particular, it defines case law and common case law terms, considers the format of a case, and discusses why it is important to learn to read a case. It also demonstrates an effective case-reading technique and gives the reader the opportunity to apply that technique. Learning these skills are vital to conducting proper legal research, as will be shown in this chapter and in the chapters to come.

Defining Case Law

Common Legal Terms

Stasiewich (personal communication, March 2024) introduces many common legal terms to students in her Legal Research and Analysis course materials. Several of these terms are explained below.

A [pb_glossary id="1151"]legal proceeding[/pb_glossary] may be a motion, a trial, an appeal, or a hearing. A motion is an application by a party to a court or a judge to obtain an order for some kind of relief. A hearing is a formal meeting at which a decision-maker receives evidence, considers the oral arguments of the parties, and makes a decision. An appeal is an application to a higher court to review a judgment to determine whether any errors of law occurred within it, and if so, to have the decision upheld, overturned, or altered. A proceeding may also be identified as either civil or criminal, depending on whether it flows through the civil or the criminal court system.

An [pb_glossary id="1152"]administrative proceeding[/pb_glossary] is a written or an oral hearing involving either an individual and/or a company, or individuals or companies and the government, regarding statute-based rights and obligations. A tribunal is an agency that operates like a court to decide disputes between the parties of an administrative proceeding (Nastasi et al., 2020).

Stasiewich (personal communication, March 2024) also differentiates between the titles of the parties in the different types of proceedings. In a motion or a hearing, the applicant is the party that files the application and the respondent is the party that answers or defends the application. In an appeal, the appellant is the party who files the application and the respondent is again the party that answers or defends an appeal. In civil litigation, the plaintiff is the party that initiates the civil action and the defendant is the party that responds to or defends the action. And lastly, in criminal cases, the Crown or Crown Counsel (identified as “R” for Regina or Rex) is the party that prosecutes the offence and the defendant or the accused is the party that answers or defends the offence. Many of these terms are encountered when reading cases, and the common formats are described next.

Having defined case law, reviewed some common case law vocabulary, and described various formats of cases or decisions, the importance of reading case law is explained in the next section.

The Importance of Case Law

Case law is important as it guides a researcher through the process of determining (and may actually determine) the validity of a client’s case. Blatt and Kurtz (2020) state it can help identify whether the client has a cause of action; if so, what evidence is necessary to prove it; their chances of succeeding at it; and, what relief they may be awarded should they succeed [or penalty should they fail]. Stare decisis, binding, and persuasive authority play an important role in determining the above factors.

Recall that Canada has a common law legal system (except for Quebec, which has a codified system) where judges must follow the doctrine of stare decisis which means “to stand by things decided” (Blatt & Kurtz, 2020, p. 86). This means that similar cases should be decided in a similar way. The principle requires judges to follow previously made decisions (precedents) with similar facts and legal issues from higher courts within their province or territory and from the Supreme Court of Canada. The precedent cases are said to have vertical binding authority—the courts within that jurisdiction are compelled to follow the higher courts and to decide their cases in a similar manner (University of Toronto, n.d., Primary Sources of Law: Canadian Case Law section). It is important to note that any Supreme Court of Canada decisions, as the highest court in the country, are binding on all other courts in the country. It is also important to note that Canada enforces a concept of horizontal stare decisis that applies to following the previous decisions of the same court in which the current case occurs, although it is not considered binding (Rowe & Katz, 2020). A case may, however, be distinguished from either of these authorities by having facts or legal issues that significantly differentiate it from the precedent. In this circumstance, the precedent (and thereby stare decisis) would likely not apply as the cases would not be sufficiently alike to be considered similar.

Cases may also have persuasive authority. These are decisions with similar legal issues from the same or higher level of court in other provinces or territories (or other jurisdictions) that a court may choose to follow—assuming they do not contradict any relevant binding authority. They, too, may predict and influence how a case is decided if the facts and legal issues are sufficiently similar.

See the diagram below for a brief review of the concepts of stare decisis, as well as binding and persuasive authority.

[caption id="attachment_198" align="aligncenter" width="1024"] Figure 4.2 The principle of stare decisis in Canadian common law. [Image description – See Appendix A Figure 4.2]. Source: Adapted from Koenig. B., January 2023, as cited in Stasiewich, A., personal communication, March 2024.[/caption]

An Effective Case-Reading Technique

Trying to read through a case—especially a long one—may seem like a daunting task. However, by employing a commonly used case-reading technique, the task may be broken down into manageable steps, systematically worked through, read, and understood. This section will demonstrate how to apply an effective case-reading technique.

Recall that the format of a case mirrors the structure of a proceeding. The decision-maker’s reasoning in a decision also typically mirrors the structure of a court or tribunal proceeding. Therefore, by walking through the steps of the actual proceeding, the researcher may identify and read their way through the key elements of the judgment and the decision-maker’s reasoning.

Style of Cause

A proceeding typically starts with the parties, their representatives or lawyers, and the decision-maker or judge being introduced. This introduction is represented in the [pb_glossary id="1153"]style of cause[/pb_glossary], which is located at the top of the first page of a written case.

The style of cause identifies:

• a citation for the case
• the date the decision was released and/or the date of the hearing
• the court file or action number
• the level of court and its jurisdiction
• the parties involved (and their counsel)
• the name of the judge or the decision-maker (Note that the “J” after the decision-maker’s name stands for Justice.)

The style of cause is used to locate the case in a printed report and on an online database.

Headnote and Summary

The [pb_glossary id="1154"]headnote and summary[/pb_glossary] (when used) are positioned just below the style of cause. These are not always included in a case, nor are they considered a part of the proceeding. However, they may still be useful to the researcher. The headnote and summary include catch lines and condensed information about the decision that follows. They are written by the editor of the law reporter or database that publishes the case. The headnote contains words and phrases (catch lines) used to identify key aspects of the case, which may be used as an initial screening device to determine the relevancy or similarity of the case. The catch lines may also be employed as search words for further case law research of similar cases. An example, taken from Weston v Regan, 2006 ABQB 624, would be as follows:

Family law — Damages for loss of consortium and servitium — Wife seeking damages — General principles

The summary is a brief description of the case. Multiple short summaries may be included, one for each issue in the case.

Please note a warning about headnotes: Blatt and Kurtz (2020) state that they are not always accurate as they are written by an editor and not the decision-maker. Therefore, they should never be relied on in isolation—if the case looks like it might be relevant, read the entire case.

Table of Authorities

The [pb_glossary id="1155"]table of authorities[/pb_glossary] is placed just below the headnote and summary (or where they would be if they are absent). This is another element that is sometimes, but not always, included in a case. The table of authorities is a list of the case law and any legislation or secondary sources considered by the decision-maker in making the decision. It is another source of search information for the researcher. See the example below, from Weston v Regan, 2006 ABQB 624:

[caption id="attachment_200" align="aligncenter" width="1024"] Figure 4.3 Screenshot of the Table of Authorities showing cases and statutes considered by Justice C. L. Kenny, including five cases and the Highway Traffic Act, R.S.A. 1980, c. H-7. Source: Weston v. Regan, 2006 ABQB 624, Westlaw Canada. Image included on the basis of fair dealing.[/caption]

Purpose

After the introductions have been made, the judge moves into discussing the key elements of the case, beginning with the [pb_glossary id="1156"]purpose[/pb_glossary] of the proceeding. The purpose is positioned after the headnote and summary (or directly following the style of cause if they are absent). It is typically the first paragraph of the case. The purpose is the reason or the cause of action for the case before the court. It may be phrased as, “This is a claim for damages arising from…,” “On appeal from the judgment of…,” or it may simply state, “Action for damages for negligence.” It leads into the facts of the case.

Facts

The judge then reviews the [pb_glossary id="1157"]facts[/pb_glossary] of the case. The facts are “the who, what, why, when, and how” of the legal scenario presented to the court. In a trial or hearing, they include the parties to the dispute, the events that led up to and created the cause of action, and the evidence submitted to prove each party’s case.

The facts also sometimes include events that occurred after the origin of the cause of action that may affect the decision-maker’s interpretation of the events and the application of law to the events. An example might be mitigating circumstances where a party attempts to reduce the negative impact of the cause of action either for the other party or for themselves.

Also, in an appeal, the decision being appealed is included with the facts.

It is important to pinpoint the relevant facts in a case. An effective way to do this is to identify the key issues in the case (discussed next) and then track which case facts the decision-maker has attached to these issues.

Issues

Following a review of the facts, the judge identifies the [pb_glossary id="1158"]issues[/pb_glossary] of the case. The issues are the questions that the decision-maker must answer in order to reach a decision. There are two types of issues recognized. The first are factual issues, such as when there is a lack of information required to establish the facts or where the parties do not agree on the stated facts of the case. For example, in a negligence case, the judge may need to determine “whether Balboa was the horse involved in the accident?” This type of question requires a factual answer, not a legal answer. The second type recognized are legal issues and involve legal questions “that arise from the specific facts of a client’s legal problem” (McCarney et al., 2019, pp. 2-9). An example is, having determined that Balboa was the horse involved in the accident, “[w]hether the defendant is liable in negligence either (a) for a breach of duty created by municipal regulations, or (b) for a breach of duty at common law.” Both types of issues must be resolved to decide a case, but the legal issues are the ones to focus on when researching what law is applied to the circumstances of a case.

The legal issues are what the entire case revolves around, so it is imperative to identify them and to understand what they are. Below are some helpful tips for identifying them:

• The decision-maker usually formulates the issues as a subtitle (“Issues”) or as a question (often beginning with the word “whether”).
• After stating the issue, the decision-maker typically follows up with a review of the facts that apply to the issue.
• After stating the issue, the decision-maker usually identifies the law related to the issue, including any factors or tests that need to be met to apply it.

Please note that while some decision-makers disclose the legal issues in a comprehensive list following the facts of a case, others “scatter them throughout their reasons” (Blatt & Kurtz, 2020, p. 47) and the researcher must then search through the text to find them and their related facts. Following the tips outlined above should help ease this process. Conversely, most decision-makers do consistently relay the law applicable to the issues directly after identifying them, and that is what will be discussed next.

Law and Lines of Authority

After identifying the issues that need to be addressed in the proceeding, the decision-maker sets out the existing law for each issue. The authorities relied upon and cited in the proceeding may include legislation (statutes, regulations, and bylaws), case law, and secondary sources such as law journals and textbooks. Both parties typically cite or present their own [pb_glossary id="1159"]line of authority[/pb_glossary], which are “sets of cases that share the same or similar viewpoint over a period of time” (Blatt & Kurtz, 2020, p. 47). These are lists of cases and other sources of law that follow a similar decision-making rationale or set of legal principles over time, and support each party’s position on the issues of the case. The judge often reviews one or two cases or law sources from each party’s line of authority. They then pursue the line of authority that best or most fairly relates to the specific legal issue(s), apply it to the facts of the case, and make a decision. This is called the ratio decidendi and is described next.

Please note that it is important for a researcher to record the line of authority pursued in a relevant or similar case as its cited law becomes a resource list from which further research for their client’s case may be initiated.

Ratio Decidendi and Decision

The [pb_glossary id="425"]ratio decidendi[/pb_glossary] (or ratio) is the “reason for deciding.” It is the most important element in a case for researchers— it is the law that is set out when the case is cited in research. It is a statement that contains both the identified principle of law that the decision-maker uses to decide an issue and the application of that principle to the facts of the case. The ratio decidendi should be written following the discussion of each issue in the case. Therefore, if there are multiple issues discussed in the case, there should also be multiple ratio decidendi provided in the case. There should be one ratio decidendi that explains the final outcome of the case as well.

Please note that if the proceeding is an appeal and there are dissenting reasons, where not all the judges on the panel agreed with the final decision, this is a minority opinion, and the ratio decidendi for these reasons are not relevant for research. In contrast, if there are varying reasons with multiple decision-makers on a panel and most or all of them agree to the decision, this is a majority opinion, and there may be a variety of ratio decidendi presented for the same decision, thereby providing the researcher with numerous options for research.

Identifying a ratio decidendi may be somewhat difficult. It is helpful to look for phrases such as I am of the view…, I have concluded…, or The court is satisfied that… at the beginning of a sentence or paragraph. Indeed, the ratio decidendi often consists of only a single sentence or a short paragraph.

Examples of ratio decidendi are: I am satisfied therefore on a balance of probabilities that Mr. Smith was negligent in the operation of his motor vehicle; In my opinion, a threat to invade the bodily integrity or otherwise apply force to the victims is itself a hostile act; and The defendant ought to have known that the plaintiff’s privacy was being so thoroughly invaded as to cause a reasonable man to be worried…I have no hesitation in saying that he is violating the privacy of the person.

While the ratio decidendi is the rationale or reason for the decision regarding the issue, the decision is the decision-maker’s final verdict on the issue or case. It is usually located after the ratio decidendi, although it may sometimes be written before it. Examples of decisions include: The negligence of one driver is not more than the other; I conclude that the trial judge did not err in convicting the accused of sexual assault upon his victims; and The defendant is liable for the injury. After the ratio and decision are presented, the disposition is declared.

Disposition

At the very end of the proceeding or case, the [pb_glossary id="1161"]disposition[/pb_glossary] is announced. The disposition is an order from the court that states the final outcome of the entire proceeding. The disposition provides the researcher with potential outcomes for their client’s case. How successful or unsuccessful are they likely to be? Examples include: This action is dismissed; The appeal is allowed and the judgment of the trial is set aside; and I fix damages at $1,000. The disposition may also discuss further administrative procedures that should occur, such as how and when to make submissions on costs.

Obiter Dicta

A final element (while not a key element) to be discussed in reading a case, is [pb_glossary id="1162"]obiter dicta [/pb_glossary](or obiter) meaning “words by the way” (Blatt & Kurtz, 2020, p. 48). This is information that a decision-maker includes in the written judgment that is not directly related to the decision. The decision-maker might voice an opinion about a situation, provide a definition that clarifies a factual issue, or tell an anecdote that will not have any bearing on the decision. It is “commentary in a judicial decision that does not constitute a legal principle but that may provide a useful context for the decision” (McCarney et al., 2019). This information is generally not useful to the researcher.

Case-Reading Technique Summary

To summarize the case-reading technique, the researcher needs to identify each of the key elements in the case, in particular: the purpose, the facts, the legal issues, the law, the ratio decidendi, the decision, and the disposition. Recall that the FILAC research method used to describe case format near the beginning of the chapter also contains most of these elements. Applying that acronym may also be a good reminder of what to look out for when reading a case. And remember, if the researcher walks their way through a typical legal proceeding, they should be able to identify the various elements in the case.

Being able to read a case is critical to legal analysis as well as to locating other relevant cases. It requires some skill, but most cases follow a similar format, and after reading numerous cases, the researcher should become adept at identifying the important information in a case.

Summary

Learning how to read case law is an essential skill for legal researchers. Case law refers to written decisions that are made by court and tribunal decision-makers. Researching case law helps to determine whether the client has a case, what evidence needs to be provided to prove the case, and what the odds are of winning their case. It helps the researcher to identify precedents with binding or persuasive authority and to anticipate the weight a judge might assign to a cited case. Reading case law also provides potential relevant lines of authority and the cases (and legislation) that may be used to find other relevant case law (and legislation) to support the client’s case.

The format of a case typically mirrors that of the proceeding itself and can thereby simplify locating important information in the written decision. Applying an effective case-reading technique further clarifies the process of identifying the key elements of a case—that is, the purpose, the facts, the issues, the law, the ratio decidendi, the decision, and the disposition. The more a researcher practices this technique, the more efficient and adept they will become at it.

Researching case law can be time-consuming and sometimes frustrating, but putting in the work to find the best case law for your client’s issue(s) is worth the effort. Competently reading case law helps ensure that the most similar, relevant, and applicable case law authority is employed in supporting a client’s case and helping their case succeed. Learning to use case citations to identify and search for case law in printed and online law reporters and databases is also key to this endeavour and will be discussed in the next chapter.

Activity: Reading a Case – R v Brown

Read through the following case, R. v Brown, 2016 ABPC 110, and practice identifying the key case elements and important case information. Please note that this case is one where the issues are scattered throughout the text, so the reader may have to search for some of them. Also, it is probably easiest to copy the text to a Word document and work from that.

State the paragraph numbers where the case elements listed below are found.

• the purpose
• the facts
• the issues
• the law
• the ratio decidendi for each issue and for the case
• the decision for each issue and for the case
• the disposition

Next, highlight (or otherwise identify), within the paragraphs specified above, the specific text that states each of the elements listed above.

Finally, summarize (but do not paraphrase) the highlighted sections that directly relate to:

• the facts
• the issues
• the law

Compare your work to the answers in the drop-down menu below.

Answers to Reading a Case – R v Brown

1. State the paragraph numbers where the following case elements are found:
   • the purpose: para. 1
   • the facts: paras. 2-5
   • the issues: paras. 6, 19-20, and 19 and 25
   • the law: paras. 9-16, 19-23, and 26-3
   • the ratio decidendi for each issue identified: paras. 17, 24, and 33
   • the decision for each issue identified: paras. 18, 24-25, and 34
   • the disposition: para. 34
2. Highlight (or otherwise identify), within the paragraphs specified above, the text that states each of the elements listed above:
   • The Purpose
     • The defendant is charged with performing or engaging in a stunt on a highway in contravention of section 115(2)(e) of the Traffic Safety Act, R.S.A.2000, c. T-6. (para. 1)
   • The Facts
     • Park Warden Lucas Habib gave evidence that on July 20, 2015, he saw the defendant and four others longboarding down a steep hill on Highway 93A in Jasper National Park. They had a vehicle behind them with its hazard lights on. There was no vehicle in front of them. The Warden gave evidence that he observed a few vehicles that had pulled over as the longboarders had gone by. (para. 2)
     • Warden Habib pulled the group over at the bottom of the hill and issued a ticket to the defendant for stunting. He gave evidence that no permit is available for this activity. (para. 3)
     • The defendant gave evidence which I accept. He is an experienced skateboarder having more than eight years’ experience. The only place available to train is down a paved hill. He was wearing protective equipment. He travelled in the correct lane, did not exceed the speed limit and was able to slow down and stop upon request. (para.4)
     • The defendant acknowledged he had been warned not to longboard in Jasper National Park, but gave evidence that he did not believe that he was distracting, startling or interfering with other users of the highway. (para. 5)
   • The Issues
     • Issue 1
       • I …[need] to determine if longboarding in the manner that he did is illegal in Jasper National Park. (para. 6)
     • Issue 2
       • However, the matter does not stop here as the accused was charged under section 115(2)(e) of the Traffic Safety Act. Section 115(2)(e) states:
         • A person shall not do any of the following:
           • (e) perform or engage in any stunt … (para.19)
       • [T]he question as to what constitutes stunting…(para. 20)
     • Issue 3
       • Section 115(2)(e) of the Traffic Safety Act. Section 115(2)(e) states:
         • A person shall not do any of the following:
           • (e) perform or engage in any…other activity that is likely to distract, startle or interfere with users of the highway. (para. 19)
       • I must next consider whether the defendant’s engagement in the activity of longboarding constitutes an “other activity” that is likely to distract, startle or interfere with users of the highway. (para. 25)
   • The Law
     • For Issue 1
       • The Crown produced no evidence that there is any regulation that prohibits longboarding in Jasper National Park. (para. 9)
       • The Canada National Parks Act, S.C. 2000, c. 32 provides that Canada’s National Parks are dedicated to the public. Section 4(1) states:
         • The national parks of Canada are hereby dedicated to the people of Canada for their benefit, education, and enjoyment, subject to this Act and the regulations, and the parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations. (para. 10)
       • Section 47(2) of the National Parks Highway Traffic Regulations, C.R.C., c. 1126 states:
         • No person shall skate, roller skate, roller blade, roller ski or ride a skateboard on any highway or sidewalk in a town, visitor centre, or resort subdivision. (para. 11)
         • A “highway” is defined in section 2 of the Regulations as including “a road, street, avenue, parkway, driveway, lane, square, bridge, viaduct, trestle or other place within a park intended for use by the public for the passage or parking of vehicles.” (para. 12)
         • While a longboard is not specifically listed in section 47(2) it is similar to a skateboard. (para. 13)
       • Section 47(3) of the Regulations provides:
         • Every person who roller blades or roller skis on a highway outside a town, visitor centre or resort subdivision shall travel as close as possible to the left-hand edge or curb of the highway and, when roller blading or roller skiing with other persons, shall travel in single file. (para. 14)
         • Skateboarding is not referred to in section 47(3) of the Regulations. (para. 15)
       • I have found no other provision in any other Regulations made under the Canada National Parks Act which specifically prohibits a person from skateboarding or longboarding in a National Park. (para. 16)
     • For Issue 2
       • Traffic Safety Act, Section 115(2)(e) states:
         • A person shall not do any of the following:
           • (e) perform or engage in any stunt or other activity that is likely to distract, startle or interfere with users of the highway. (para. 19)
       • The word “stunt” is not defined in section 1(1) or elsewhere in the Traffic Safety Act. It is also not defined in Alberta’s Interpretation Act, RSA 2000, c. I-8. The question as to what constitutes stunting has been considered by courts in Alberta and Saskatchewan. (para. 20)
       • In R. v. Tremblay (1974), 1974 CanLII 1138 (AB CA) at para. 10, [1975] 3 W.W.R. 589 (Alta. C.A.), the Alberta Court of Appeal relied on the definition of the word “stunt” set out in the Shorter Oxford English Dictionary, 3rd revised edition:
         1. An “event” in an athletic competition or display; a feat undertaken as a defiance in response to a challenge; an act which is striking for the skill, strength, or the like, required to do it; a feat, something performed as an item in an entertainment.
         2. In recent use, an enterprise set on foot with the object of gaining reputation or signal advantage. In soldiers' use often vaguely: An attack or advance, a “push,” “move.”
         3. In wider use, an enterprise, performance. Hence Stunt: to perform stunts; spec. of a motorist, an airman, etc., to perform spectacular and daring feats. Stunter, Stuntist. (para. 21)
       • The Alberta Court of Appeal relied upon this definition of “stunt” in R. v Jones, 1983 ABCA 70 (CanLII), [1983] 4 W.W.R. 144 (Alta. C.A.). So did Justice of the Peace McIlhargey in R. v James (2004), 4 M.V.R. (5th) 231 (Alta. Prov. Ct.) and Justice Moore in R. v Burton (1984), 29 M.V.R. 229 (Sask. Q.B.). (para. 22)
       • The Canadian Oxford Dictionary, 2nd edition, defines “stunt” as follows:
         • (1) Something unusual done to attract attention;
         • (2) An act notable or impressive on account of the skill, strength, or daring, etc., required to perform it; an exciting or dangerous trick or manoeuvre. (para. 23)
     • For Issue 3
       • Traffic Safety Act, Section 115(2)(e) states:
         • A person shall not do any of the following:
           • (e) perform or engage in any … other activity that is likely to distract, startle or interfere with users of the highway. (para. 19)
       • McIlhargey in James (para. 14) in my opinion does a particularly good analysis of the law in this regard and I adopt his analysis. McIlhargey in James, concludes: “It is clear that the subject of concern in section 115(2)(e) is not the conduct itself but the effect of that conduct on users of the highway.” (para. 26)
       • In Jones (paras. 12 and 14), the Alberta Court of Appeal considered the meaning of “startle,” “distract,” and “interfere” in what was then section 104(1) of the Highway Traffic Act, R.S.A. 1975(2), c. 56. Prowse J.A. explained the Shorter Oxford English Dictionary, revised 3rd ed. (1973), defines “startle” as follows: “to cause to start; to frighten; to surprise greatly; to shock”. “Distract” is defined as “turning aside in a different direction; to perplex or to confuse; to derange the intellect”. The word “interfere” means “to run into each other; to intersect; to interpose so as to affect some action; to intervene.” (para. 27)
       • Justice Prowse (Jones, para. 15) held:
         • the ordinary meaning of these words leads me to conclude that the legislation was not directed at activities that merely drew attention to oneself or excited towards oneself pleasurable emotions of those whose attention is drawn to them. A distraction must be more serious than an attraction. If such were not the case, one could envision everyday activities which would fall within this section, in fear that those activities might divert the attention of some careless drivers. (para. 28)
       • McIlhargey J. P. in James expressed at paragraph 18:
         • I am satisfied that section 115(2)(e) is directed at conduct occurring on or near a highway that adversely impacts the exercise by a driver of the due care and attention that is required for the safe operation of a vehicle on the highway. The conduct complained of must be of a compelling nature, such that the effect or consequence of that conduct on the users of the highway is or is likely to be serious and significant. (para. 29)
       • After considering the decision in Tremblay, Justice Currie in R. v Beaudoin, 2009 SKQB 113, at para. 18, opined the use of the phrase:
         • “that is likely to” indicates that the legislature intended to entirely prohibit this kind of activity on highways, regardless of whether in a particular case the activity had affected another driver, and regardless of whether in a particular case it could be established that another driver was nearby. (para. 30)
       • According to Justice Currie (para. 19):
         • The focus of s. 214(2) [of Saskatchewan’s The Traffic Safety Act] is on the driving activity that has the potential to create a hazard on a highway, not on whether a hazard actually has been created by the driving activity on any one occasion. This focus is consistent with the overall purpose of the statute, which is to ensure traffic safety. (para. 31)
         • The wording of section 214(2) of Saskatchewan’s Traffic Safety Act mirrors that of section 115(2) of Alberta’s Act, with the exception that section 214(2) applies specifically to a “driver.” (para. 32)
   • The Ratio Decidendi for Each Issue Identified
     • For Issue 1
       • The manner in which the defendant engaged in the longboarding does not appear to constitute “prohibited conduct” as defined in section 32(1) of the National Parks General Regulations, SOR/78-213. No evidence was submitted during the trial indicating whether the Superintendent has designated longboarding as a prohibited activity under section 7(1) of the General Regulations. As indicated above, the Park Warden did give evidence that no permit is available authorizing a person to longboard in Jasper National Park. (para. 17)
     • For Issue 2
       • The defendant’s actions in longboarding down a steep hill, along a highway in Jasper National Park, in the manner that he did, in my opinion, does not constitute “stunting” within the meaning of section 115(2)(e) of the Traffic Safety Act. The evidence establishes that he and his companions were travelling in a careful and prudent manner. There is no evidence that they were racing or performing tricks or doing anything unusual to attract attention. (para. 24)
     • For Issue 3
       • McIlhargey in James {at para. 14}in my opinion does a particularly good analysis of the law in this regard and I adopt his analysis. McIlhargey in James, concludes: “It is clear that the subject of concern in section 115(2)(e) is not the conduct itself but the effect of that conduct on users of the highway.” (para. 26)
       • After giving consideration to the reasoning of Justice Currie in Beaudoin, the Crown has not satisfied me beyond a reasonable doubt that the accused’s engagement in longboarding, in the manner that he did, was so compelling that it had or was likely to have a serious and significant effect on other users of the 93A Highway. (para. 33)
   • The Decision for Each Issue Identified
     • For Issue 1
       • …Unless a person is longboarding on a highway or sidewalk “in a town, visitor centre or resort subdivision” longboarding is not in and of itself illegal in Jasper National Park. (para. 18)
     • For Issue 2
       • I find the defendant did not commit the offence of stunting. (para. 34)
     • For Issue 3
       • The evidence establishes that he and his companions were travelling in a careful and prudent manner. There is no evidence that they were racing or performing tricks or doing anything unusual to attract attention. (para. 24)
   • The Decision for the Case
     • The Crown has failed to establish its case. (para. 34)
   • The Disposition
     • I acquit the defendant. (para. 34)
3. Summarize (but do not paraphrase) the highlighted sections that directly relate to:
   • The Facts
     • Park Warden Lucas Habib gave evidence that on July 20, 2015, he saw the defendant and four others longboarding down a steep hill on Highway 93A in Jasper National Park. They had a vehicle behind them with its hazard lights on. There was no vehicle in front of them. (para. 2)
     • Warden Habib pulled the group over at the bottom of the hill and issued a ticket to the defendant for stunting. He gave evidence that no permit is available for this activity. (para. 3)
     • [The defendant] is an experienced skateboarder having more than eight years’ experience. The only place available to train is down a paved hill. He was wearing protective equipment. He travelled in the correct lane, did not exceed the speed limit and was able to slow down and stop upon request. (para. 4)
     • The defendant acknowledged he had been warned not to longboard in Jasper National Park, but…he did not believe that he was distracting, startling or interfering with other users of the highway. (para. 5)
   • The Issues
     • …[I]f longboarding in the manner that he did is illegal in Jasper National Park. (para. 6)
     • A person shall not do any of the following:…perform or engage in any stunt…that is likely to distract, startle or interfere with users of the highway. (para. 19) The question as to what constitutes stunting… (para. 20)
     • …Whether the defendant’s engagement in…longboarding constitutes an “other activity” that is likely to distract, startle or interfere with users of the highway. (para. 25)
   • The Law
     • Section 47(2) of the National Parks Highway Traffic Regulations, C.R.C., c. 1126 states:
       • No person shall skate, roller skate, roller blade, roller ski or ride a skateboard on any highway or sidewalk in a town, visitor centre or resort subdivision. (para. 11)
       • A “highway” is defined in section 2 of the Regulations as…“a road, street, avenue, parkway, driveway, lane, square, bridge, viaduct, trestle or other place within a park intended for use by the public for the passage or parking of vehicles.” (para. 12)
     • “[P]rohibited conduct” as defined in section 32(1) of the National Parks General Regulations, SOR/78-213. (para. 17) [Which, when looked up, states the following:
       • 32 (1) No person shall, in a Park,
         • (a) cause any excessive noise;
         • (b) conduct or behave in a manner that unreasonably disturbs other persons in the Park or unreasonably interferes with their enjoyment of the Park; or
         • (c) carry out any action that unreasonably interferes with fauna or the natural beauty of the Park.]
     • Section 7(1) of the General Regulations [when looked up, states the following regarding “Prohibited Activities”:
       • 7 (1) The superintendent may, where it is necessary for the proper management of the Park to do so, designate certain activities, uses or entry and travel in areas in a Park as restricted or prohibited.] (para.17)
     • Section 115(2)(e) of the Traffic Safety Act…states:
       • A person shall not do any of the following:
         • (e) perform or engage in any stunt or other activity that is likely to distract, startle or interfere with users of the highway. (para. 19)
     • The word “stunt” is not defined in section 1(1) or elsewhere in the Traffic Safety Act. (para. 20)
     • It is also not defined in Alberta’s Interpretation Act, RSA 2000, c. I-8. (para. 20)
     • R v Tremblay (1974), 1974 CanLII 1138 (AB CA) at para. 10:
       • the Alberta Court of Appeal relied on the definition of the word “stunt” set out in the Shorter Oxford English Dictionary, 3rd revised edition:
         1. An “event” in an athletic competition or display; a feat undertaken as a defiance in response to a challenge; an act which is striking for the skill, strength, or the like, required to do it; a feat, something performed as an item in an entertainment.
         2. In recent use, an enterprise set on foot with the object of gaining reputation or signal advantage. In soldiers’ use often vaguely: An attack or advance, a “push,” “move.”
         3. In wider use, an enterprise, performance. Hence Stunt: to perform stunts; spec. of a motorist, an airman, etc., to perform spectacular and daring feats. Stunter, Stuntist. (para, 21)
     • R v James (2004), 4 M.V.R. (5th) 231 (Alta. Prov. Ct.) at para 14:
       • “It is clear that the subject of concern in section 115(2)(e) is not the conduct itself but the effect of that conduct on users of the highway.” (para. 26)
     • R v Beaudoin 2009 SKQB 113 at para. 18:
       • [regarding section 1152)(e) of the Traffic Safety Act]: “that is likely to” indicates that the legislature intended to entirely prohibit this kind of activity on highways, regardless of whether in a particular case the activity had affected another driver, and regardless of whether in a particular case it could be established that another driver was nearby. (para. 30)
     • R v Beaudoin 2009 SKQB 113 at para 19:
       • The focus of s. 214(2) [of Saskatchewan’s The Traffic Safety Act] is on the driving activity that has the potential to create a hazard on a highway, not on whether a hazard actually has been created by the driving activity on any one occasion. This focus is consistent with the overall purpose of the statute, which is to ensure traffic safety. (para. 31)
     • [S]ection 214(2) of Saskatchewan’s Traffic Safety Act mirrors that of section 115(2) of Alberta’s Act, with the exception that section 214(2) applies specifically to a “driver.” (para. 32)

Reflection Questions

• When reading a case, which part do you find most difficult to identify and why? How might practicing with more case readings help improve this?

• Think about the concept of precedent. How would identifying whether a case is binding or persuasive affect your ability to support your supervising lawyer’s legal argument?

• Imagine you are researching a case for a client who is self-represented. How would you explain the relevance of reading and understanding case law in plain language?

References

Blatt, A., & Kurtz, J. (2020). Legal research: Step by step (5th ed.). Emond Publishing.

Bueckert, M. R., Clair, A., Cote, M., Khan, Y., & Ostick, M. (2018). The Canadian legal research and writing guide. Canadian Legal Information Institute. https://www.canlii.org/en/commentary/doc/2018CanLIIDocs161#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQByAYRW1SYAEbRS2ONWpA

Cambridge Dictionary. (n.d.). Leading case. In Dictionary-Cambridge.org. Retrieved March 25, 2024, from https://dictionary.cambridge.org/dictionary/english/leading-case

Daly, P. (2015). The principle of stare decisis in Canadian administrative law (2015 CanLIIDocs 325). CanLII. https://canlii.ca/t/287c

Fitzgerald, M. (2022, July). Legal problem solving: Reasoning, research and writing (8th ed.). LexisNexis.

McCarney, M., Kuras, R., & Demers, A. (with Kierstead, S.). (2019). The comprehensive guide to legal research, writing and analysis (3rd ed.). Emond Publishing.

Nastasi, L., Pressman, D., & Swaigen, J. (2020). Administrative law: Principles and advocacy (4th ed.). Emond Publishing.

National Self-Represented Litigants Project. (2016). The CanLII Primer: Legal research principles and CanLII navigation for self-represented litigants (2016 CanLIIDocs 235). https://canlii.ca/t/27tb

R. v Brown, 2016 ABPC 1. https://canlii.ca/t/gmvfh

Rowe, M. J., & Katz, L. (2020). A practical guide to stare decisis. Windsor Review of Legal and Social Issues, 41, 1–27. https://advance.lexis.com/api/document?collection=analytical-materials&id=urn%3acontentItem%3a605H-X981-JFSV-G03C-00000-00&context=1519360&identityprofileid=FV7WGS58424

University of Toronto. (n.d.). Legal research for the public researcher. Henry N.R. Jackman Faculty of Law Library. https://library.law.utoronto.ca/step-2-primary-sources-law-canadian-case-law-0

Weston v Regan, 2006 ABQB 624. https://canlii.ca/t/1p5l7

Introduction

Legal professionals need to understand the fundamentals of the law to know where to begin their legal research to find answers for a client’s legal issue or concerns (Blatt & Kurtz, 2020). The Canadian Constitution and its role in guiding the interactions between all levels and branches of government is introduced at the beginning of this chapter. The levels of courts in Alberta and Canada and their interactions with each other are then discussed. Knowing what law governs a client’s problem will help legal professionals know what can be done and what choices to give the client about how to proceed (Blatt & Kurtz, 2020, p. 11). At the end of the chapter, the four primary sources of law in Canada are introduced, and the categories of law are explained in detail.

Canadian Government

The Canadian Constitution

The Canadian Constitution is the supreme law of Canada. The Constitution consists of a combination of

• Principles of democracy inherited from Britain as traditions;
• The Constitution Act, 1867 (formerly called the British North America Act, 1867); and
• The Constitution Act, 1982.

Two parts of the Constitution determine the validity of laws passed by the federal and provincial governments and municipal bylaws—the division of powers and the Charter of Rights and Freedoms (Nastasi et al., 2020).

Division of Powers

According to Nastasi et al. (2020), the Constitution allocates law-making powers to the federal and provincial governments based on the subject matter. If one level of government passes a law that regulates an area granted to another by the Constitution, the law is considered invalid. Furthermore, laws are referenced in the Constitution Act as follows:

• Section 91 of the Constitution Act, 1867 sets out the subjects governed by federal law, including criminal, bankruptcy law, and patent law.
• Section 92 of the Constitution Act, 1867 sets out the subjects governed by provincial law, including property and civil rights, municipal laws, the administration of justice, and the court system.

For ease of reference, the expandable lists below summarizes the powers of the federal government and the provincial governments, according to the Government of Canada (2021), The Constitutional Distribution of Legislative Powers:  

The Charter

The Canadian Charter of Rights and Freedoms was incorporated into the Constitution in 1982 and sets out a list of fundamental rights and freedoms belonging to all persons (Department of Justice Canada, 2022). The Charter is divided into seven categories: fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, official language rights, and minority language educational rights (Department of Justice Canada, 2022). Any law or government action that infringes these rights to a greater extent than can be justified in a free and democratic society is either invalid or has no effect to the extent that it infringes these rights (Nastasi et al., 2020).

Aboriginal and Treaty Rights

[pb_glossary id="245"]Aboriginal Rights: [/pb_glossary] Refer to Aboriginal peoples’ historical occupancy and use of the land [pb_glossary id="247"]Treaty Rights: [/pb_glossary] Rights set out in treaties entered into by the Crown and a particular group of Aboriginal people The Constitution recognizes and protects both Aboriginal rights and treaty rights (Department of Justice Canada, 2021b). Section 35 of the Constitution Act affirms Aboriginal and treaty rights of Indigenous peoples in Canada and recognizes them as legally binding. Indigenous laws are incorporated into these rights and form an essential part of the tapestry of Canadian law (Queen’s University, 2017). Indigenous Services Canada (ISC) administers many pieces of legislation, either in whole or part. ISC develops and enforces regulations under authority delegated by the legislation that directly impacts First Nations, Inuit, Métis, and Northerners (Indigenous Services Canada, 2026).

Levels of Government

Canada’s system of government is divided into three levels: federal, provincial or territorial, and municipal, outlined as follows:  

Branches of Government

Canada’s system of government has three branches: the legislative, the executive, and the judicial. Each has separate powers and responsibilities defined in the Constitution: the legislative branch passes laws, the executive branch implements them, and the judicial branch interprets them (Parliament of Canada, n.d.b). Every level of government has an executive branch and a legislative branch. The federal, provincial, and territorial governments are all responsible for the judicial system in Canada and have their own judicial branches. Municipal governments, on the other hand, do not have a judicial branch.

Alberta Courts

Canada’s court system is composed of courts and administrative tribunals. People involved in the court process include justices seen in the Alberta Court of Justice and Alberta Court of King’s Bench, judges in the Alberta Court of Appeal, Supreme Court of Canada, and Federal Court, and adjudicators seen in administrative tribunals (Blatt & Kurtz, 2020, p. 44).

Federally enacted laws, regulations, and decisions bind all lower courts in every province and territory; this principle is called stare decisis. [pb_glossary id="248"]Stare decisis[/pb_glossary] refers to the doctrine of precedent formed by judges in previous decisions to be applied in similar cases to ensure consistency and certainty in the law. It evolves from common law judicial decisions, where each court decision binds upon all lower courts when the circumstances of the case are exceedingly similar (Brierley, 2015). For example, a decision made by the Alberta Court of Appeal must be followed for almost identical cases seen later in the Alberta Court of King’s Bench or the Alberta Court of Justice. However, if the Supreme Court or the Alberta Court of Appeal sees an additional almost identical case, it is not required to follow the previous Alberta Court of Justice or Court of King’s Bench decision, as they are lower courts than the Supreme Court of Alberta or the Alberta Court of Appeal. Provincially or territorially enacted decisions, statutes, or regulations are not binding in other provinces or territories but can pose persuasive authority to those courts (Blatt & Kurtz, 2020, p. 86). For example, a decision from Saskatchewan may have similar facts and legal issues, but it would be considered persuasive rather than binding upon the decision maker. [pb_glossary id="249"]Binding Law:[/pb_glossary] A pre-existing statute, regulation, or case law that must be followed by lower courts (Blatt & Kurtz, 2020, p. 86). [pb_glossary id="250"]Binding Decision: [/pb_glossary] An existing court decision that lower courts must follow if the case in question is exceedingly similar (Blatt & Kurtz, 2020, p. 86).

Alberta Court of Justice

The Alberta Court of Justice (ABCJ), previously known as the Alberta Provincial Court, is the lowest court in Alberta. It is split into four divisions: Civil, Criminal, Family, and Youth (Alberta Court of Justice, n.d.a). Choosing the Alberta Court of Justice over the Alberta Court of King’s Bench for some matters can be appealing for many reasons. The Alberta Court of Justice is more accessible for people who may not have the funds to retain a lawyer for the entirety of a family or civil proceeding, as self-represented litigants are allowed. This allows parties to maneuver the court process at a reduced cost (Lyn, 2023). Furthermore, paralegals and legal agents can represent clients in traffic and summary conviction matters in the Court of Justice, but not in the Court of King’s Bench. The Alberta Court of Justice provides fair, accessible, and efficient justice to all Albertans (Alberta Court of Justice, n.d.a). There are 21 base point locations and 51 circuit point locations. This means 21 courthouses in Alberta are full-time Alberta Court of Justice locations. [pb_glossary id="252"]Circuit point[/pb_glossary] locations are secondary courthouses that offer most, but not all, services as the base point locations. On the Alberta Courts website, you can view the Alberta Court of Justice court practice and schedules and the locations map.  

Civil Division

Civil law is when private individuals and/or businesses choose to sue another individual or business by beginning a court action. The Alberta Court of Justice Civil Division provides an accessible, affordable, simplified means to resolve private matters. Parties to the action may choose to represent themselves or hire a lawyer at their own expense. The maximum amount to claim in the Alberta Court of Justice is $100,000, although not all civil matters within this amount are heard in the Court of Justice. Any claim higher than that amount must be brought before the Alberta Court of King’s Bench (Alberta Court of Justice, n.d.b). Civil litigation matters can evolve from the following, but are not limited to (see Table 1.2):

For the court to find in favour of a party in civil litigation, the case must be proven on the [pb_glossary id="253"]balance of probabilities[/pb_glossary] (Alberta Court of Justice, n.d.b).

Criminal Division

All criminal court appearances start in the Alberta Court of Justice, where pleas, bail hearings, and preliminary inquiries are entered. Only less serious indictable and summary conviction offences can be heard in the Alberta Court of Justice Criminal Division (Alberta Court of Justice, n.d.c).

Family Division

The Alberta Court of Justice hears applications for child and spousal support, parenting arrangements, guardianship, and child protection matters. This court does not have jurisdiction to decide divorce or property claims arising out of divorce (Department of Justice Canada, 2024). On the Alberta Court of Justice website, numerous brochures and information pamphlets are available to assist self-litigants in the family process (Alberta Court of Justice, n.d.d).

Youth Division

In Canada, offenders aged 12 to 17 must be tried in the youth justice system. The Youth Criminal Justice Act (YCJA) was created for young offenders to outline their applicable consequences that are separate from the Criminal Code, which is adult-specific. The Youth Criminal Justice Act focuses on rehabilitation and the prevention of [pb_glossary id="258"]recidivism[/pb_glossary]. Youths are also held in a separate remand centre from adults, but are transferred if they are held in custody past their 18th birthday (Alberta Court of Justice, n.d.e).

Alberta Court of King’s Bench

The Alberta Court of King’s Bench is the province’s Superior Court. This court hears complex criminal matters, family matters, civil matters dealing with more than $100,000, surrogate matters regarding wills, estates, and guardianships, and appeals from the Alberta Court of Justice (Court of King’s Bench of Alberta, n.d.). To present a matter in this court, natural persons are entitled to represent themselves or to retain a lawyer, whereas corporations must retain a lawyer (Lyn, 2023). The 11 base point locations for the King’s Bench include Fort McMurray, Peace River, Grande Prairie, Edmonton, St. Paul, Wetaskiwin, Red Deer, Calgary, Drumheller, Lethbridge, and Medicine Hat. Additionally, two circuit point locations assist within their jurisdiction. High-Level circuit point assists with Peace River jurisdiction, and the Hinton circuit point helps with the Edmonton jurisdiction. Every additional base point location manages all cases within its specified jurisdiction (Court of King’s Bench of Alberta, n.d.). The circuit point locations only have King’s Bench Justices on a scheduled travelling rotation from the central seating location, meaning they are not readily available in either location.

Alberta Court of Appeal

The Alberta Court of Appeal (ABCA) is the highest Alberta court, with two locations, each in Calgary and Edmonton. An [pb_glossary id="259"]appeal[/pb_glossary] is not simply another chance at trial. Instead, judges review the previous decision and evaluate if an error of fact or law appeared in the case (Court of Appeal of Alberta, n.d.). Depending on whether the appeal is in criminal or civil law, the process for an appeal differs and is discussed in depth in the Alberta Rules of Court. Not only does the Alberta Court of Appeal evaluate criminal, civil, and family cases from both the Alberta Court of Justice and Alberta Court of King's Bench, but it also appeals from administrative boards or tribunals (Court of Appeal of Alberta, n.d.).

Supreme Court of Canada

The Supreme Court of Canada (SCC) is the highest appeal court in Canada, located in Ottawa. In most cases, to appear for an appeal in the Supreme Court, an appellant must seek [pb_glossary id="261"]leave[/pb_glossary] from the court. Leave is only generally received if the case involves a significant issue of the law or an issue of public importance (Blatt & Kurtz, 2020, p. 86). However, leave to appeal is not required in certain cases. These include appeals from opinions issued by courts of appeal on matters referred by a provincial government. In some criminal cases, an appeal may also proceed as of right, such as when one judge in the court of appeal dissents on a point of law (Supreme Court of Canada, 2025). Lastly, the SCC hears references when the federal government seeks an advisory opinion, often on the constitutionality of proposed or existing legislation. Past references have addressed issues such as climate change, same-sex marriage, and Senate reform (Supreme Court of Canada). The Supreme Court of Canada consists of nine judges and hears between 65–80 appeals per year involving five, seven, or nine judges. Judgments are published in both French and English in the Canada Supreme Court Reports (Supreme Court of Canada, 2017).

The Federal Court System

The federal court system specializes in federal laws, such as intellectual property, maritime law, and tax assessments. It includes the Federal Court, the Tax Court, and the Federal Court of Appeal (Parliament of Canada, n.d.b).

Federal Court

The Federal Court is Canada’s national trial court. It hears and decides federal legal disputes whose subject matter has been assigned to the Court by Parliament (Department of Justice Canada, 2021). The Court is based in Ottawa, but its members travel throughout Canada to hear cases and render decisions (Federal Court, 2022).

Tax Court of Canada

The Tax Court of Canada is a superior court that determines cases and appeals about matters that arise under federal tax and revenue legislation, as defined under the Tax Court of Canada Act. It is independent of the Canada Revenue Agency and all other government departments (Department of Justice Canada, 2021a).

Federal Court of Appeal

The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada and judicial reviews of certain federal tribunals. Like provincial and territorial courts of appeal, its decisions can only be appealed to the Supreme Court of Canada (Department of Justice Canada, 2021a).

Administrative Tribunals

Administrative tribunals, called commissions or boards, operate like courts in deciding disputes over statute-based rights, entitlements, and duties (Nastasi et al., 2020). They make decisions on behalf of the federal or provincial governments when it is impractical or inappropriate for the government to do so themselves. Because they engage in fact-finding and have the power to impact personal rights, tribunals are often seen as "[pb_glossary id="263"]quasi-judicial.[/pb_glossary]" The courts may review their decisions (Kuttner et al., 2020). In Alberta, administrative tribunal decisions are reviewed by the Court of King’s Bench of Alberta (Court of King’s Bench of Alberta, n.d.a). Alberta examples include the Alberta Human Rights Commission, the Appeals Commission for Alberta Workers’ Compensation, and the Tribunal Office of the Law Society of Alberta. This list is not exhaustive.

Sources of Law

Canada has four primary sources of law: statutes, regulations, bylaws, and case law. Lawyers, paralegals, and legal assistants must be familiar with these sources of law. When clients seek legal advice, they need to know what statutes, regulations, bylaws, and case law apply to their legal situation and how they will be affected (Stasiewich, 2023).

Statutes

[pb_glossary id="268"]Statutes[/pb_glossary] set out the law and state methods of doing things that are required or permitted, along with creating penalties for not doing what is required or for doing what has been prohibited (Blatt & Kurtz, 2020, p. 14).  

Subordinate Legislation

Regulations

Regulations are the second primary source of law in Canada. Regulations, also called subordinate or delegated legislation, are rules made under the authority of an enabling statute that gives the power to make regulations (Stasiewich, 2023). Alberta regulations include the Alberta Rules of Court, Alta Reg 124/2010 and the Judgment Interest Regulation, Alta Reg 215/2011. Federal regulations include the Access to Information Regulations, SOR/83-507, and the Gasoline Regulations, SOR/90-247. Because Canadian society is so complex, it would be nearly impossible for lawmakers to deal with all the laws’ details (Department of Justice Canada, 2021b). As a result, enabling statutes deal with general principles and objectives, while regulations under the statute are concerned with procedural and administrative aspects of the law. The enabling statute, or framework legislation, sets out the purpose, and the regulations set out the details. Because regulations do not need to be brought before Parliament or the legislature to be voted on, the government can create and amend them more quickly and efficiently than statutes can (Blatt & Kurtz, 2020, p. 34). For example, the Alberta Rules of Court’s enabling statute is the Judicature Act, RSA 2000, c J-2. The Judicature Act sets out the jurisdiction and powers of the courts, while the Alberta Rules of Court sets out rules of procedure and processes. It is essential to read regulations in accordance with the statutes to gather the whole meaning of each provision. Just like statutes, regulations require, prohibit, or permit specific actions and set out methods of doing what is required or permitted. They also create penalties for not doing what is required or for doing what is prohibited (Blatt & Kurtz, 2020, p. 35).

Consolidated Regulations

Like statutes, the consolidated regulations database contains point-in-time versions of the Alberta Regulations (“Alta Reg”) enabled by a consolidated statute, starting on February 17, 2003. CanLII cites these regulations by their Alta Reg number, for example:

• Alberta Rules of Court, Alta Reg 390/1968
• Dangerous Goods Transportation and Handling Regulation, Alta Reg 157/1997

These are “posted versions,” meaning versions of the text as it was posted on the official printer’s website and downloaded by CanLII at a specific date (CanLII, n.d.b).

Bylaws

The third primary source of law in Canada is bylaws. Bylaws are laws made by a governing body that a legislature grants the power to do so (Blatt & Kurtz, 2020, p. 28). In Alberta, the Municipal Government Act authorizes municipalities like Edmonton and Calgary to legislate on a range of matters for their municipality to maintain the health, safety, and wellness of their communities (City of Edmonton, n.d.). Many cities and municipalities have some or all of their recent bylaws available online. LawCentral Alberta provides online resources for finding municipal bylaws (Law Central, n.d.). For example, Edmonton’s bylaws and Calgary’s bylaws are found on their respective city websites.

Case Law

The fourth primary source of law in Canada is case law. Case law comprises written decisions by decision-makers like judges, adjudicators, or justices of the peace in court and tribunal proceedings. Each decision, or “case,” is a written record of individual legal proceedings created by the decision-maker summarizing the most important details of the proceeding, whether it be a trial, motion, hearing, or decision (Blatt & Kurtz, 2020, p. 44). Examples of influential case law that have changed Canadian society include R. v Stinchcombe, [1991] 3 SCR 326, R. v Marshall, [1999] 3 SCR 456, and United States v Burns, [2001] SCR 287 (Ontario Justice Education Network, 2006). R v Stinchcombe dramatically changed the criminal trial process, improved trial fairness, and helped to protect against wrongful convictions by stating that the Crown must disclose all relevant information to the accused prior to trial (Ontario Justice Education Network, 2006). R v Marshall is a landmark ruling in Indigenous treaty rights in Canada. The Supreme Court recognized the hunting and fishing rights promised in the Peace and Friendship Treaties signed between the British and Mi’kmaq, Wolastoqiyik, and Peskotomuhkati in 1760-1761 (Conn, 2020). United States v Burns is a ruling by the Supreme Court of Canada stating that it is a breach of section 7 of the Charter to send individuals to countries where they may face the death penalty. Many people believe that this decision guarantees that the death penalty will never be brought back into the Canadian justice system (Ontario Justice Education Network, 2006).

Categories of Law

Common Law and Civil Law

Quebec is the only province or territory that follows the civil law system. Courts in the civil law system first examine the civil code, based on the French Code Napoléon. Discussion of the civil law system is outside the scope of this textbook, as that system does not apply to the rest of Canada (Department of Justice Canada, 2021b). *Note: The Civil Law System and Civil Law Divisions, as a category of law, are not the same. The common law system that the majority of Canada follows is not written as legislation. Instead, it evolved based on [pb_glossary id="264"]precedent[/pb_glossary]. Other countries that use the common law system include the United States, Australia, and England (after 1949) (Blatt & Kurtz, 2020, p. 89).

Procedural Law and Substantive Law

Procedural and substantive law complement each other’s work. [pb_glossary id="265"]Substantive law[/pb_glossary] sets out the rights and obligations of members in society where laws are enforced (McShane, 2013). For example, criminal law is concerned with society’s order, safety, and protection. [pb_glossary id="266"]Procedural law[/pb_glossary] is the step-by-step process of how a case moves through the court system and how to enforce laws properly. For example, criminal law is enforced through the Criminal Code, and the offender must be properly arrested, given their rights, and the investigation and hearing of their charges handled correctly in a court setting. In the law firm, paralegals and legal assistants are expected to know some substantive law, but there is a greater emphasis on knowledge of procedural law. Lawyers typically take only one class on procedural law during law school. They are expected to have expert knowledge of substantive law, relying upon their support staff to assist with the procedure (Stasiewich, 2023).

Law of Evidence

[pb_glossary id="269"]Law of evidence[/pb_glossary] regulates the proof of fact before a court. It forms from federal and provincial legislation and gains power from the Canada Evidence Act. An example of the application of the law of evidence is witness testimony. Before a witness testifies in court, they must swear or affirm to tell the truth, as per section 13 of the Canada Evidence Act. Discussion of the law of evidence is complex and outside the scope of this text. For further reading on this topic, the book Proof - Canadian Rules of Evidence, written by Paul Atkinson, is highly recommended (Atkinson, 2021).

Public Law

Laws are divided into two classes: [pb_glossary id="270"]public law[/pb_glossary] and [pb_glossary id="272"]private law.[/pb_glossary] Public law governs the relationship between individuals and a body of government (Blatt & Kurtz, 2020, p. 5). Its primary purpose is to keep society running by dealing with human rights and protection cases. Criminal law is a very well-known type of public law (Gulycz & Kelly, 2018, p. 5) The following seven categories of law all fit under public laws:  

Private Law

[pb_glossary id="272"]Private law[/pb_glossary] sets out rules between individuals and/or businesses by settling disputes among the parties and compensating victims. Private law is also known as civil law because the dispute is between civilians, not the government (Legal Information Institute, 2022). The following seven categories of law all fit under private laws:  

Summary

The Canadian Constitution is the supreme law of Canada; as such, it outlines the basic principles that all laws in Canada must follow. Laws are created by either federal or provincial governments, depending on which section of the Constitution Act the division of power relates to. Canada’s court system is composed of courts and administrative tribunals. Federally enacted laws, regulations, and decisions bind all lower courts in every province and territory. Following the principles of stare decisis, each court decision binds upon all lower courts if the case is exceedingly similar. However, provincially or territorially enacted decisions, statutes, or regulations are not binding in other provinces or territories but can be persuasive to those courts (Blatt & Kurtz, 2020, p. 86). Laws are divided into either public or private law. Private law sets rules between individuals and/or businesses by settling disputes among the parties and compensating victims. Public law is between individuals and the government. Its primary purpose is to keep society running by dealing with human rights and protection crises. Private and public law are both substantive law, which outlines the rights and responsibilities of individuals during the legal process, and procedural law, which sets out rules for how a case proceeds through the legal system (Gulycz & Kelly, 2018, p. 7). Canada has four primary sources of law:

• Statutes - written laws created by Parliament or provincial legislatures that state the law, methods of procedure, and consequences for such misbehaviour (Blatt & Kurtz, 2020, p. 14).
• Regulations - rules created under the power of an enabling statute
• Bylaws - laws made under a provincial or territorial power given to a community to maintain health, safety, and wellness (City of Edmonton, n.d.).
• Case law - written decisions by decision-makers that summarize significant details that can affect future decisions (Blatt & Kurtz, 2020, p. 44).

Reflection Questions

• Think about a legal matter you have worked on or learned about in class. Which level of government had jurisdiction over it, and how would knowing that help you locate the right laws for your supervising lawyer?

• How could understanding the difference between binding and persuasive decisions improve the quality and accuracy of the legal research you prepare?

• Reflect on a task you might complete that involves both substantive law and procedural law. How would your role in gathering information or preparing documents depend on understanding both?

• Why is it important for paralegals and legal assistants to be familiar with all four primary sources of law? Give an example of how relying on only one source might lead to incomplete or inaccurate information for a client matter.

• How might awareness of Indigenous and treaty rights under section 35 of the Constitution Act help you work more effectively with Indigenous clients or on files involving Indigenous communities?

• Consider the categories of public and private law. Which do you think you encounter more often in your work, and why?

Additional Resources

Centre for Public Legal Education Alberta - Court System in Alberta Public vs. Private Law | Definition, Differences & Examples Substantive Law and Procedural Law Substantive Law vs. Procedural Law | Differences & Examples Supreme Law - Home - Constitution The Government of Canada's Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government The Impact of the Charter on the Public Policy Process and the Department of Justice  

Introduction

This chapter will focus on the uses of AI in the workplace and the importance of ethics when using AI tools in the legal field. AI is a new and evolving technology, and it is important to know what generative AI is, what its potential uses are in the law office, and what the law society rules are when it comes to using AI for tasks. It is also important to understand the ethics involved in using generative AI and the consequences it can have when misused.

What is Generative AI?

Generative artificial intelligence, or [pb_glossary id="315"]Generative AI[/pb_glossary], is defined by the Law Society of Alberta (2024) as being a “type of artificial intelligence that can create new content, such as text, images, or audio, based on some input or prompt” (p. 1). Simply typing in precisely what you would like the AI tool to do and it will create that within minutes of receiving your instructions. One way to think of how generative AI technology works is that there are three stages: the input, analysis, and output (Queen’s University, 2025a). This technology can drastically improve the overall efficiency of a task, as it will take minutes to complete a task that could have otherwise taken hours or even days to complete, depending on the complexity. AI can be used for many things in the law office, including drafting documents or correspondence and researching a legal issue. The Law Society of Alberta suggests that generative AI can be used to proofread documents, summarize complex documents, and generate ideas for writing a document. Although AI can improve the overall efficiency of work, it also has drawbacks and risks that must be considered. The University of Alberta (2025) lists some of the issues to consider when using Generative AI, such as:

• [pb_glossary id="321"]Hallucinations[/pb_glossary]: This term describes when AI produces information that does not exist. The AI tool creates false cases that relate to the information it was given. It is important to fact-check the cases that the AI tool produces to ensure that they are real and not AI hallucinations.
• Errors: When using AI, it is important to check for errors, as it can produce inaccurate or biased information depending on the given information.
• Tasks: Although generative AI is seen as a tool that can do virtually anything, it does have its limits. There may be some tasks that AI cannot complete, depending on the advancement of the program you are using.

It is important to keep these points in mind as you explore the uses of AI and how it can benefit you and the work you conduct. Generative AI can simplify tasks and increase efficiency. However, it is also important to double-check the information it produces, as there are risks and limitations to what it can do.

How To Use Generative AI

Using Prompts with Generative AI

AI is a new and evolving technology, constantly changing as technology advances. It may seem like a daunting task to figure out how to use AI and how to utilize it in a law office; however, there is a quick guide created by the University of Alberta (2025) that can be used to assist in creating the right prompts to generate the information needed. The University of Alberta (2025) recommends using the [pb_glossary id="323"]5P method[/pb_glossary]. The 5Ps each represent a category that can be used when writing a prompt for the generative AI to produce information. The 5Ps are as follows:  

Assessing Generative AI Information

After obtaining the information provided by the AI tool, it is important to learn how to assess the information to validate its accuracy properly. As discussed previously, AI has limitations and can produce hallucinations, errors in data, and potentially biased information. So, although it can be a helpful tool when conducting tasks, it is important to know how to assess the accuracy and validity of the information AI is giving you. Queen’s University (2025b) suggests using five steps to measure the AI-generated content. The steps are as follows:

Assess System Limitations

This step analyzes how the AI system works, which in turn helps us understand how it generates the data it gives us. One way to look at this is by using the three-layer model (Queen's University, 2025b). The three layers comprise the input, analysis, and output layers. The input layer consists of the data on which the system operates. Consider how current the data the system uses is and whether there is any human bias in the data. The second layer is the analysis layer, where the system interprets the data given. Again, be sure to consider if there is any bias in the data and whether the system tells you how it analyzes the data. The last layer is the output layer, which is the result that the system gives you after inputting the initial data. Consider again if there is any [pb_glossary id="325"]bias in AI[/pb_glossary] data, if anything is missing from the results, and if you can train the AI tool to help it learn how to perform tasks. Overall, assessing the AI system itself is important to ensure that it will give you accurate, current, and non-biased data. The three-step method suggested by Queen’s University is an excellent way to assess the system you are using.

Verify Information

As mentioned previously, AI can generate hallucinations, which are inaccurate information or cases that do not exist (Queen’s University, 2025b). It is important to double-check the sources and information the AI tool gives you to verify that the cases and information exist. One way to do this is to find the information in a legal database such as CanLII or Westlaw, review the source to ensure the reference is accurate, and then note the source to refer to in your reference guide.

Compare with Other Sources

Although generative AI is helpful, conducting separate research to find your own information is important, as you should not rely solely on the AI content. With this step, be sure to research legal databases such as CanLII and Westlaw to find additional information that can help aid or verify your legal research.

Update for Currency

Do not assume that the information given to you by the generative AI is current (Queen’s University, 2025a). Not all systems will rely on the most current information, so it is important to do additional research to ensure that the data is current or if there is a new law or information that should be referenced instead. Some AI platforms may show how current the information is, but this is not always the case, so more research may be necessary.

Take Steps to Address Bias

The last step that Queen’s University (2025a) suggests is to check to see whether any bias is evident in your given data. It is important to check for bias in your initial prompt as well as within the output—both can affect the outcome of the results. These steps suggested by Queen’s University can help in the process of using AI tools. AI can help streamline legal research, but it is important to ensure the information you are given is valid, accurate, and free from error and bias. Following the above steps will aid in that process to ensure the information provided by AI is accurate. AI is an effective tool, but it should not be the only source of information used when conducting research. It is still important to fact-check the information you are given and to do your additional research.

AI Databases

Many different types of generative AI databases can be used, and each has advantages and disadvantages depending on the task you need completed. Before using a platform to conduct your task, ensure that it is reliable and can accurately complete the task you need. In addition, some platforms require a subscription. If your law firm has a subscription to a generative AI platform, it would be beneficial to take advantage of this tool. However, if your law firm has no subscription, there are numerous platforms available  free for public use. Below is a list of different platforms that can be used.

AI Policies in the Workplace

With the use of AI becoming more prevalent in the workplace, it should be used responsibly in a professional legal setting. One way to ensure that all employees within a work setting are using AI responsibly is to develop an [pb_glossary id="326"]AI policy[/pb_glossary] within the law firm so that everyone knows how to use AI appropriately (Law Society of Alberta, 2024). If your firm does not already have a policy in place, the Law Society of Alberta has a reference guide on what information should be included in an AI policy. Within the Law Society of Alberta’s (2024) guide, they suggest including:

• Examples of Permitted Use – Explain what an employee can use generative AI for and give examples of what this may look like.
• Examples of Prohibited Use – Explain what an employee should not use the generative AI tool for.
• Liability – What happens if an employee inappropriately uses the AI?
• Disclosure – Be open with clients when generative AI is used in their case.
• Monitoring – Have a clause stating that the firm can monitor how AI is used.
• Confidentiality and Privacy – Have a clause that states the importance of confidentiality and privacy of client information. Ensure that sensitive information does not get breached.

These are just a few examples of clauses that can be implemented into a law firm's policy on the use of AI. Each firm will have its own policies that its employees must follow. What should remain the same, however, is that the AI tool is used responsibly and the client’s interests are at the forefront, and they can rely on the services they are paying for.

Summary

AI is a rapidly evolving technology that is increasing in use. This is a tool that, when used effectively, can drastically improve work output, but it must be used appropriately to ensure that the information produced is accurate. At the forefront, the clients’ interests should be the number one priority; they are entrusting the law firm to help them with their legal matters during a time of need, so they should get the quality service they are paying for. Using generative AI can be a great tool to improve the work needed for the client’s case, but it must be used appropriately to protect their interests.

Reflection Questions

1. Can you think of a situation in which relying too heavily on generative AI might create risk for a legal professional or their client? What would be the consequences?
2. After reading about the cases where lawyers submitted hallucinated case law, how do you think legal regulators should respond to such incidents?
3. How can a law firm balance the efficiency offered by AI with its obligation to act ethically and competently for clients?
4. As a paralegal or legal assistant, how might your use of generative AI tools, both responsibly and irresponsibly, impact the lawyer you work with? Consider how your actions could influence the lawyer’s reputation, ethical obligations, or the outcome of a client’s matter.

Short-Answer Questions

1. What is one major benefit of using generative AI in a law office?
2. What are two common risks of relying on generative AI for legal research?
3. What does the “Prime” step in the 5P method involve?
4. Why is it important to verify AI-generated information using legal databases like CanLII or Westlaw?

Introduction

Practical Steps: Defining and Answering a Research Question

The Writing Process

Ethical Considerations

Analyzing Research Findings

Once you have collected sources, the next step is to analyze the material. Analysis means going beyond summarizing the law and requires identifying patterns, drawing connections, and evaluating the weight of each authority. For example, a Supreme Court of Canada (SCC) decision carries greater precedential value than a provincial court decision (like one made in the Court of Justice, for instance). Similarly, legislation will generally prevail over case law where the two conflict; case law is used to interpret the legislation.

Legal assistants and paralegals cannot provide independent legal advice, but you can analyze sources to highlight how they connect to the research question. Consider the following:

• Does the case establish a binding precedent, or is it persuasive?

• Do multiple cases point in the same direction, or do they conflict?

• What facts in the case are analogous (similar) to your client’s or lawyer’s situation?

• How does the legislation apply to the identified facts?

This type of analysis prepares the foundation for a lawyer to apply the law to the client’s issue.

The Writing Process (Writing)

Developing a Draft

• Identify main arguments and supporting points from the planning stage
• [pb_glossary id="373"]Freewriting[/pb_glossary]: write freely to explore concepts in depth, focusing less on “perfection”
• Use research notes to support arguments
• Track citations while writing, using a research log (e.g., index cards, tables, templates) or citation management software, is helpful for this step
  • Research Logs: Templates
    • Research Resource Worksheet (Illinois Eastern Community College)
    • Scholarly Research Log (Capella University)
  • Citation Management Software and Tools
    • Zotero
    • EndNote
    • Mendeley
• Visualize connections between ideas: create mind maps or brainstorms
• Arrange sources in order of relevance and importance
• Ask questions about your written material to uncover new perspectives
• Identify gaps in arguments that need additional support (argumentative writing)

• Writer’s block → combat with timed writing sessions or a change in environment
• Information overload → create detailed outlines to organize thoughts
• Incoherence → use transition sentences and paragraphs effectively
• Weak arguments → return to research and find stronger supporting evidence

Use Plain Language

• omit surplus words
• use base verbs, not nominalizations
• use short sentences
• arrange your words with care
• choose your words with care
• avoid language quirks
• punctuate carefully

• revisit the overall structure, ensuring the organization flows logically
• topic discussion: general → specific
• clear organization also makes the revision process easier

• The Writing Process (Purdue OWL)
• Resources for Writing: The Writing Process (MIT)

Reporting Your Findings

The objective of your research could be, for example, to record the results of your research in the form of a memo, submit a deliverable, gather more information on a legal matter, or answer an inquiry. Ensure that the content and organization of the final draft fulfill the predetermined goal or objective. Research findings may be communicated in several written formats. These may include:

• Legal Memorandum: This is a structured, formal document for lawyers that includes issues, brief answers, detailed analysis, and a conclusion.

• Case Brief or Case Note: This is a short summary of a decision, including facts, issues, decision, and reasoning – useful when multiple cases are being compared.

  • Note: This is less likely to be a common reporting method in the future due to the advancement of AI technology and CanLII's AI-generated case summary feature.

• Client Correspondence: This can be a plain-language letter or email explaining updates, next steps, or the outcome of research. It must avoid legal advice but can summarize the law in accessible terms. If working under the supervision of a lawyer, do not send client correspondence outlining findings without the lawyer’s oversight.

• Internal Email or Summary Note: These are concise updates to colleagues or supervising lawyers, often highlighting deadlines, sources found, and recommendations for further research.

• Be Prepared: Review your notes in advance and identify the key issue, the most relevant authorities, and your conclusion.

• Be Concise: Begin with a direct summary of your findings with a conclusion. This is the most important!

• Support with Key Sources: Be ready to reference the legislation or cases that support your answer, including citations.

• Highlight Limitations: If further research is needed, or if there are conflicting authorities, state this clearly so the lawyer is aware of the limits of your findings.

• Follow Up in Writing (Optional): After the meeting, consider sending a brief email or note summarizing what you discussed. This ensures accuracy, provides a record, and allows the lawyer to revisit your findings later.

Communicating verbally in this way requires confidence, accuracy, and brevity. The goal is not to provide every detail of your research but to give the lawyer the essential information needed to proceed, while still respecting your professional boundaries as a legal assistant or paralegal.

Effective Revision Strategies (Revising)

Revision Strategies

• Take breaks between drafts to gain a fresh perspective
• Read your work aloud to check flow and coherence
• Get feedback from peers or writing groups
• Focus on one aspect (structure, argument, evidence) per revision

Final Polish (Revision)

• Check for logical flow and argument consistency
• Verify all citations and references
• Review formatting and style requirements
• Proofread for grammar, spelling, and punctuation

Online Resources to Help with Citation and Formatting

• Copy Editing vs. Proofreading: What’s the Difference?
• How to Edit a Paper: Step-by-Step Guide & Examples
• How to Revise Effectively: A Step-by-Step Guide to Revising Your Writing

• Steps for Revising Your Paper
• Feedback

• Revising Essays & Research Papers (Writing Support Services, University of Calgary)

Summary

Reflection Questions

1. Think of a time when you were given instructions for a task that were unclear. How did that affect your ability to complete the task? How does this compare to the importance of defining a clear research question before starting legal research?

2. When reporting research findings, how might your approach differ when writing to a supervising lawyer compared to writing to a client?

3. What are some risks of failing to distinguish between presenting factual research and providing legal advice? How might this impact your role as a paralegal or legal assistant?

4. How do you personally balance the need for detail with the need for conciseness when writing?

Introduction

Legal research relies on both primary and secondary sources of law. Primary sources, such as the Constitution, statutes, regulations, bylaws, and case law, form the foundation of Canada’s legal system and create binding authority. Secondary sources, including books, legal research services, digests, articles, and commentaries, provide context, interpretation, and analysis that help researchers understand, evaluate, and apply the law. This chapter introduces the major categories of primary and secondary sources, explains where they can be accessed, and outlines how to use them strategically at different stages of the research process. Although a small component, this chapter also emphasizes the importance of proper citation practices to ensure clarity, accuracy, and credibility in legal writing.

Primary Sources

[caption id="attachment_391" align="aligncenter" width="361"] Figure 2.1 An AI-generated image describing primary sources of law. [Image description – See Appendix A Figure 2.1]. Source: Adapted by Stasiewich, A. from OpenAI. (2025). ChatGPT-5 [Image generator].[/caption]A [pb_glossary id="1096"]primary source[/pb_glossary] is the first source from which the information comes, whether you have witnessed it or found it in case law, legislation, or government documents. Primary sources create the law and are heavily relied upon when conducting legal research (Blatt & Kurtz, 2020, p. 7). Examples of primary sources are legislation, government documents, and jurisprudence (case law). There are many online resources to find primary sources, such as CanLII and Westlaw/Lawsource. This is where you can find past legal precedents and decisions that are essential for conducting legal research. Primary sources include:

• Statutes
• Regulations
• Bylaws
• Case Law

These primary sources give legal researchers specific information they may need when conducting legal research. Each source is important in its own way and, when used effectively, can improve the overall quality of the research; this, in turn, results in compelling evidence related to the legal issue presented.

Constitution

The Canadian Constitution is Canada’s highest law, and every law must be consistent with the Constitution (Fitzgerald, 2016, p. 38). The Constitution outlines “who can make laws, who will enforce the laws, and who interprets the laws” (Fitzgerald, 2016, p. 39). Sections 91 and 92 of the Constitution establish a separation of powers between the federal and provincial governments. The federal government’s powers are established in section 91 of the Constitution, which includes matters of national interest that include national defence, currency, and criminal law (Government of Canada, 2021). The provincial government’s powers are established in section 92 of the Constitution, which includes prisons and education administration of civil/criminal justice (Government of Canada, 2021). Every law created falls below the Constitution and must be consistent with the highest law in Canada to be considered a valid law. Note: Visit the Department of Canadian Heritage website to view, download, or order the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

Legislation

Legislation, also called Statutes or Acts, is created by the Canadian Parliament or through a provincial legislature (Blatt & Kurtz, 2020, p. 14). They set out the law about a matter, state the method of doing or not doing things, and set out penalties if someone does something prohibited (Blatt & Kurtz, 2020, p. 14). The chart below provides a brief overview of the similarities between the legislative processes at the federal and provincial levels.

Accessing statutes is a critical step in legal research because it requires the researcher to first determine the correct jurisdiction and whether the issue falls under provincial or federal legislation. Identifying the proper jurisdiction ensures that the correct body of law is being applied. Once jurisdiction is established, the researcher must locate the specific statute that governs the client’s legal issue, as this will provide the applicable law for the matter. Once a statute comes into force, it is available online and in print. Every statute created in a particular year for both Parliament and the provincial legislature is collected and compiled into a series for that specific year (Blatt & Kurtz, 2020, p. 16). Each series assigns a chapter number to the statutes in the order they were passed that year. The Alberta King’s Printer allows for ordering printed materials if a physical copy of a statute or legislation is required. There is a fee associated with ordering physical copies of materials, but online materials are available for free.

[caption id="attachment_381" align="aligncenter" width="1024"] Figure 2.2 Screenshot of the Alberta Rules of Court, Alta Reg 124/2010, from CanLII on August 26, 2025. [Image description – See Appendix A Figure 2.2]. Source: Alberta Rules of Court, Alta Reg 124/2010. https://canlii.ca/t/56k9m. Image included on the basis of fair dealing.[/caption]In Canada, laws must be made publicly accessible so that citizens are aware of the rules they are required to follow. This principle of transparency is essential to the rule of law: individuals cannot be expected to comply with laws that are hidden or unavailable. To fulfill this obligation, governments publish legislation and regulations through official sources such as the Canada Gazette and the Alberta Gazette. In addition, open-access platforms like CanLII provide free online access to statutes, regulations, and case law, ensuring that both legal professionals and the public can consult the law. These resources reflect the democratic principle that the law must be known and accessible in order to be effective.

Regulations

are the “rules made under the authority of an enabling statute” (Blatt & Kurtz, 2020, p. 34). The regulations establish how the enabling statute should be carried out and what the overall purpose of the statute is. The enabling statute also authorizes who is allowed to create the regulations; this can be ministry officials, departments, or the governor in council (p. 34). Like statutes, regulations are available in both print and online formats. A physical copy of the regulations can be ordered from the Alberta King’s Printer for a fee or found online through legal databases, such as CanLII and Westlaw. When searching the legal databases, regulations can be searched on their own, or they can be found connected to each statute on a separate tab titled “Regulations” when looking at the specific statute. For example, the Alberta Rules of Court is one regulation of many, with the overarching statute, the Judicature Act. See the list of regulations under the Judicature Act in the image below. [caption id="attachment_383" align="aligncenter" width="1024"] Figure 2.3 Screenshot of the Judicature Act, RSA 2000, c J-2 from CanLII on August 26, 2025, displaying a list of seven "In force" regulations. [Image description – See Appendix A Figure 2.3]. Source: Judicature Act, RSA 2000, c J-2. https://canlii.ca/t/561bs. Image included on the basis of fair dealing.[/caption]The regulations contain the rules that authorize the statute, state what actions are permitted, required, and prohibited, and also describe penalties when a prohibited act is committed (Blatt & Kurtz, 2020, p. 35). This is why it is essential to review the regulations in addition to the overarching statute in your legal research process.

Government Documents: Parliamentary and Non-Parliamentary Documents

According to the University of Calgary (2024), official publications of government documents can be divided into [pb_glossary id="1097"]parliamentary[/pb_glossary] and [pb_glossary id="1098"]non-parliamentary papers[/pb_glossary]. Parliament uses parliamentary papers to conduct its everyday business, and the Members of Parliament use them, as well as their staff and the public. These papers are a permanent record of the business conducted in Parliament, such as debates and decisions made, and can be used to follow Parliament and its day-to-day business.

• Parliamentary papers include committee documents, journals, minutes of proceedings, and bills.
• Non-parliamentary papers are any papers a government department produces intended for use outside of Parliament.

These papers can be found electronically on the House of Commons website and are helpful when conducting legal research, as they allow you to see what information is being discussed in Parliament and bills proposed to the House of Commons. This information may be crucial to the legal issue at hand, especially if a proposed bill could change the law that applies to your client’s situation.

Bylaws

are laws created by a municipal government, and they are delegated this power by the provincial legislature (Blatt & Kurtz, 2020, p. 28). Municipal governments can create bylaws for business licensing, structures, animals, health, and safety (p. 28). Most municipalities will have their bylaws on a database that the public can search; however, if the bylaw cannot be located, then it is recommended to contact the municipality office for a paper version of the most recent bylaw that pertains to the legal research (Blatt & Kurtz, 2020, p. 29). Linked below are the websites for Edmonton and Calgary’s bylaws:

• City of Edmonton Bylaws
• City of Calgary Bylaws

Case Law

Researching [pb_glossary id="1100"]case law[/pb_glossary] is a crucial part of legal research. Case law, also known as [pb_glossary id="1101"]jurisprudence[/pb_glossary], consists of decisions that judges make regarding a legal proceeding (Blatt & Kurtz, 2020, p. 44). The decision-maker hears both sides of a case, where the opposing parties present evidence and arguments regarding the facts of the legal matter. After hearing both sides, the decision-maker will favour one of the presenting parties (p. 45). Case law is beneficial if the facts and issues in the case are similar to those of your client matter, as this allows you to determine the probable outcome if the case proceeds, what evidence needs to be presented, and what the client may be awarded in damages (Blatt & Kurtz, 2020, p. 45). Cases that are similar to your legal issue are called “analogous cases.” When researching cases, it is important to pay attention to the jurisdiction where the case is decided, as this will determine if it is binding or persuasive. When a case is binding, the court must follow the decision made by the judge of a higher-level court ([pb_glossary id="1107"]vertical stare decisis [/pb_glossary]). Although exceptions apply and [pb_glossary id="1109"]horizontal stare decisis[/pb_glossary] is also applicable, its complexity extends outside the scope of this chapter (Blatt & Kurtz, 2020, p. 45). The concept of stare decisis is elaborated further in another chapter of this textbook.

Secondary Sources

[caption id="attachment_395" align="aligncenter" width="438"] Figure 2.4 An AI-generated image describing secondary sources. [Image description – See Appendix A Figure 2.4]. Source: Adapted by Stasiewich, A. from OpenAI. (2025). ChatGPT-5 [Image generator].[/caption]As an essential tool in legal research, [pb_glossary id="1104"]secondary sources[/pb_glossary] provide analysis and insight into primary sources of law. The thoroughness and efficiency of legal research can be significantly enhanced by understanding how to navigate and use secondary sources effectively. Unlike primary sources, secondary sources discuss information first presented elsewhere. Secondary sources are also important as they represent another interpretation of a primary source (Byellin, n.d.). In other words, if you are researching a legal issue or area of law that you are unfamiliar with, it is helpful for you to first consider secondary sources to review the interpretation of the law before reviewing the primary sources. While secondary sources are invaluable research tools, they should not be cited as a binding authority for legal research purposes, but they are helpful—and often found in a List of Authorities—in assisting with the interpretation of primary law. Always verify and cite the primary sources referenced by secondary sources. Examples of secondary sources include legal treatises, legal-specific encyclopedias, dictionaries, journals, periodicals, commentaries, or articles. To find secondary sources, there are many online resources such as articles, commentaries, legal databases, and digests linked in CanLII and Westlaw (Pobojewski, 2019). These secondary sources are often found in the “commentary” sections of legal research platforms. Also, secondary sources include books, legal research services, encyclopedic digests, articles, blogs, and websites, as outlined in the Canadian Guide to Uniform Legal Citation. Legal research services such as Thomson Reuters Canada and LexisNexis provide broad coverage of legal topics, while encyclopedic digests like the Canadian Encyclopedic Digest (CED) organize case law and statutes by subject, making them an excellent starting point for unfamiliar areas of law. Articles often provide commentary or critical analysis and may include a DOI, while blogs and websites can also offer valuable insights and up-to-date information.

Finding and Using Relevant Material

When it comes to finding and using relevant material, we normally take a look at legal commentary, which is included in secondary sources mentioned above. These resources offer in-depth analysis and interpretation of legislation and judicial decisions. There are multiple online legal databases that are used to interpret legislation. One of the best ways to find what is relevant is by “[pb_glossary id="388"]noting up[/pb_glossary]” the legislation; this is sometimes referred to as “finding judicial consideration” of a statute or regulation, which involves the process of finding cases that have been applied or discussed based on a particular statute, regulation or section of either (Law Society of Ontario, n.d.). Another way of finding and using relevant materials is through legal databases, such as Westlaw Canada and LexisNexis. These databases provide a search of relevant materials, which offer comprehensive access to case law, secondary materials, and tools for legal research. Additionally, CanLII is another source for Canadian case law and other precedents for interpreting legislation. Additionally, it is important to take a look at the “[pb_glossary id="1113"]Annotated Statutes[/pb_glossary],” “Words and Phrasing,” and “Digests” that are available. “Words and Phrases” are sets that have been judicially interpreted or that have been legally defined in court and administrative decisions; they show the context in how they have been judicially defined by including, relevant excerpts from the decision, and case citations (University of British Columbia Library, n.d.). For example, "Words and Phrases" are found on Westlaw under "Finding Tools". “Digests” are based on case law and are collections of case summaries that are organized by hierarchical subject classification. They offer a comprehensive overview of the principles throughout different legal subjects. While digests are based on case law, they do not contain all cases on a topic, and they cannot keep pace with the release of new decisions. However, they are a useful starting point that highlight the most significant cases or statutes (University of Victoria, n.d.). There are two main digests used in Canada—legal encyclopedias and the Canadian Abridgment Digests—and both can be found on Westlaw and LexisNexis.

Using Secondary Sources to Locate Primary Sources

Secondary sources serve as a useful tool in finding primary sources by providing citations to relevant cases, statutes, and regulations. Often, secondary sources will identify leading cases in specific areas of law and offer cross-references to related legal topics. Many secondary sources will separate relevant points of law from referenced primary sources, potentially saving a lot of time and energy in the early stages of the research process (Byellin, n.d.). It is always preferable to cite directly to the original source where possible. Consult specific source sections for the original/authoritative source for document type, as the original source varies by type (i.e., legislation, jurisprudence, etc.).

Using Secondary Sources for Background Information

Throughout the research process, secondary sources can be used strategically to increase efficiency and further understanding. Secondary sources can be used to explain primary sources, supporting a more comprehensive understanding by discussing, analyzing, or restating primary sources (Byellin, n.d.). Using secondary sources to provide context typically results in a more complete understanding of the law itself. Additionally, using secondary sources expands one’s perspective with diverse interpretations and analyses of the law (Byellin, n.d.). Secondary sources are strategically useful at different stages of legal research. At the beginning of the research process, they help grasp fundamental legal principles, understand complex concepts, gain an overview of a topic, identify key terms, and develop a research plan. They are also valuable for evaluating key issues and arguments. When updating research, secondary sources can track recent developments, highlight emerging trends, and point to new primary sources.

Summary

Primary sources form the basis of Canadian law and include the Constitution, statutes, regulations, bylaws, and case law. These sources establish legal rules and provide binding authority that legal professionals must follow. Secondary sources, such as books, digests, research services, and articles, interpret and analyze primary sources, making them valuable tools for understanding complex legal issues and identifying relevant cases or legislation. Using secondary sources strategically can help researchers begin their work, refine their focus, and update findings with recent developments. Both primary and secondary sources are accessed through official government publications and online databases like CanLII, Westlaw, and LexisNexis. Finally, accuracy in legal citation is crucial to maintaining professional credibility, ensuring transparency, and enabling readers to track the sources relied upon in legal research and writing.

Reflection Questions

• Why is it important for primary sources to be publicly accessible in a democratic society?

• How can secondary sources save time and improve efficiency when beginning legal research?

• What risks might arise if a researcher relies only on secondary sources without verifying the primary sources?

• How does understanding the separation of powers in the Constitution affect legal research?

• In your view, which type of secondary source (articles, digests, legal research services, etc.) is most helpful to a new researcher, and why?

Additional Resources

• An Introduction to Legal Research
• How to find legal cases by citation (archived version)
• Laws of Alberta | LawCentral
• Large Primary Source Databases - Primary Sources - Subject Guides at University of Alberta Libraries

Introduction

The law shapes everyday life in more ways than we often realize (Government of Canada, 2021a). Signing a lease to rent an apartment, applying for a marriage license, or driving with valid registration and insurance are all governed by legal rules. These requirements are not just technicalities—they exist to protect individual rights and maintain order in society. Laws establish clear rules but also safeguard important protections, such as workplace safety, consumer rights, and fair treatment. They also create access to benefits like workers’ compensation, unemployment insurance, health care, and student loans. Because laws touch nearly every aspect of daily life, understanding how statutes and regulations are interpreted is essential. Interpretation ensures that the protections and responsibilities written into law are applied fairly, consistently, and in line with their legislative purpose.

The Relationship Between Statutes and Regulations

Statutes

Statutes, also known as Acts, are laws debated and passed by elected officials in federal and provincial legislatures (Alberta Justice, 2008). In Alberta, Members of the Legislative Assembly (MLAs) are responsible for passing statutes. These laws form the foundation of the legal system by defining rights, responsibilities, and prohibitions.

Statutes can set out what conduct is prohibited and the penalties for breaking the law. For example, criminal statutes define specific offences and the punishments that may apply, such as fines or imprisonment (Justice Laws Website, 2025b). Statutes also regulate the powers of government by clearly defining the responsibilities of agencies and officials, ensuring authority is distributed appropriately, and preventing misuse of power.

Within statutes, [pb_glossary id="1166"]substantive provisions[/pb_glossary] establish the core legal rules, rights, and obligations that individuals and organizations must follow (Ervine, 2023). These differ from [pb_glossary id="266"]procedural law[/pb_glossary], which governs how laws are enforced—for instance, court procedures or evidentiary rules.

Examples of important statutes include:

• The Criminal Code of Canada, which defines criminal offences, penalties, and trial procedures to ensure consistency across the country

• The Canada Labour Code, which sets workplace rights and standards, protects employees from unsafe conditions, and is enforced through inspections and penalties by Employment and Social Development Canada

Because statutes cannot anticipate every situation, courts play a crucial role in interpreting them. Judicial rulings resolve ambiguities, apply statutes to real-world cases, and shape their meaning through precedent, or “judge-made law” (Ontario Justice Education Network, 2013). Using principles such as stare decisis and legislative intent, judges clarify unclear provisions and adapt older laws to new contexts. Over time, these interpretations become part of the common law and guide how statutes are applied and enforced.

Regulations

[pb_glossary id="632"]Regulations[/pb_glossary] are detailed rules created under the authority of a statute to explain how the statute is applied, which govern the application or procedure of the law (Alberta Justice, 2008). For example, regulations dictate how police officers are allowed to make arrests. They set out when police can and cannot use force, when they can search individuals or property, what they must do with any evidence they come across, and more. In this specific example, the Police Act, RSA 2000, c P-17 sets a foundation for the Police Service Regulation, Alta Reg 356/1990. Both the statute (Police Act) and the regulation (Police Service Regulation) work hand in hand to set out what is required of law enforcement officers and what steps to take if there is misconduct by law enforcement officers.

Bills and Statutes: The Legislative Process

Although the public is not directly involved in drafting or passing laws, our voices are represented through our elected officials. Members of the Legislative Assembly (MLAs) are chosen by voters to represent their constituents in the law-making process. We elect MLAs based on our values and beliefs, and those MLAs vote on bills in the Legislature with the perspectives of their constituents in mind.

Regulations are enforced by the government department or agency responsible for the enabling legislation. Enforcement can include inspections, administrative orders, or fines, and in some cases, prosecution. Unlike statutes, regulations are generally not enforced by police unless the regulation creates an offence tied to criminal or quasi-criminal conduct (e.g., traffic violations). For example, workplaces themselves do not enforce regulations; rather, they must comply with them. Human rights protections in the workplace, such as the right to be free from discrimination based on religion, are enforced under the Alberta Human Rights Act, RSA 2000, c A-25.5, by the Alberta Human Rights Commission, not by individual employers. Employers must follow the law, but the Commission is responsible for investigating and enforcing compliance.

Statutory Interpretation Principles

Tracking Amendments and Updates in Legislation

• Canada Gazette
• LEGISinfo (Parliament of Canada)
• Justice Laws Website
• Canadian Legislative PULSE® | LexisNexis

• The Alberta Gazette
• Bills and legislation | Government of Alberta

Defining Legal Terminology

Summary

Reflection Questions

• Why is it important to distinguish between statutes and regulations when interpreting legislation?

• How do substantive provisions in statutes affect your daily life, and how are they different from procedural law?

• Think of an example where a statute might be unclear or outdated. How might a court’s interpretation help resolve this ambiguity?

• How does the doctrine of precedent (stare decisis) influence the interpretation of statutes, and in what ways does considering legislative intent provide additional context for applying the law?

Identifying Research Objectives and Effective Research Steps

Legal Writing

Identifying Research Objectives (Planning)

• What are the legally relevant facts?
  • The who, what, when, and where of the client’s claim
• What is the client asking?
  • The client’s question on what they can do about their situation
• What area of law is relevant to the issue?
  • Is it a general area of law or a specific area of law?
• What legal issues have been identified?
  • Are there any keywords that helped you conclude this?
• What is the objective of the legal research task?
• Are there any hidden issues that need to be addressed?
  • Issues that may not be obvious but are relevant to the situation
• Is any further information required?
  • Does a follow-up with the client need to be conducted to gather more information?

• What legislation and case law are relevant to the legal issues identified?
  • How are these sources relevant?

• How does the law relate to the facts of the client's situation?

1. Step one is to conduct research and gather evidence. The more research and evidence collected, the easier it will be to begin writing.
2. Step two is to organize the research into topics that will help you see which information can be discussed together.
3. Step three is to decide in what order the topics should be discussed in the paper to best convey your point.
4. Step four is to fill in the gaps by adding where you want to put your sources, quotes, and any additional information that will help to support the paper.
5. Step five is to review the outline and identify areas that need improvement or additional evidence to support the topic. Also, check whether the paragraph order makes sense or needs rearranging to better convey your point to the reader.

References

Blatt, A. & Kurtz, J. (2020). Legal Research: Step by Step (5th edition). Emond Montgomery Publications.

Ellis, M. (2022, September 26). How to Write an Outline in 5 Steps. Retrieved March 25, 2025, from https://www.grammarly.com/blog/writing-process/how-to-write-outline

Fitzgerald, M. F. (2016). Legal Problem Solving – Reasoning, Research and Writing: Reasoning, Research and Writing (7th edition). LexisNexis Canada.

McCarney, M., Kuras, R., Demers, A., & Kierstead, S. (2016). The Comprehensive Guide to Legal Research Writing & Analysis (2nd edition). Emond Montgomery Publications.

The student partners who contributed to this project played an invaluable role in its success. Some worked as volunteers, others were supported through project funding, and many of the chapter authors themselves were students who took on the challenge of creating content that would outlive the classroom. Their dedication, insight, and ability to break down complex areas of legal research into simple, practical explanations made the material more accessible for legal assistants and paralegals, ensuring that each chapter reflects the needs of those learning and working in these roles.

Long before there was a finished textbook to review, these students trusted me enough to engage with my wild and (sometimes) crazy ideas, even when the final vision was still uncertain. Their creativity, patience, and belief in the potential of this work made it possible to turn an idea into a living resource. By taking on responsibilities ranging from research and writing entire chapters to developing resources and exploring new approaches as AI reshapes the field, they have shaped a textbook that reflects the experiences and needs of aspiring legal professionals.

A special thanks to the following students, whose dedication went far beyond research tasks. These student partners spent countless hours meeting with me, even late at night over Zoom or Teams, engaging in thoughtful conversations about legal research, the role of paralegals and legal assistants, and identifying gaps in the literature and resources available. Their efforts and insights were instrumental in shaping this project.

• Sam McDowell - 2024 Research Assistant
• Ashley McDonald - 2025 Research Assistant

I am deeply and continuously grateful for each student's hard work on this project, their curiosity, and—most of all—their faith in this project before it truly existed. Their efforts ensure that future learners (both academic and industry) will have access to a resource created not just for them, but by those who once stood in their place.

Peer Reviewers

Peer review is essential to the integrity of any educational resource, and I owe immense gratitude to the reviewers who dedicated their time and expertise to this project. Their thoughtful feedback, careful critique, and constructive suggestions strengthened the clarity, accuracy, and accessibility of the text. The reviewers’ contributions ensured that this resource meets the needs of its intended audience while maintaining high academic and professional standards. Thank you for your careful attention and for helping us make this resource the best it can be.

• Aimee Auclair
• Kristine Jeffels
• Samantha Jones
• Vanessa Wilson

Funding

This project would not have been possible without the generous support of MacEwan University. Their commitment to advancing open-access education in Alberta has made it possible to create a resource that is freely available to students, legal professionals, and members of the public. Funding for this project provided the time, tools, and infrastructure needed to collaborate with students and industry professionals in developing the first edition of this textbook.

As a sessional instructor, opportunities to access project funding are limited, and the risk of investing in such projects is often perceived as high by universities. For that reason, I am especially grateful to the Centre for Teaching and Learning’s Teaching Impact Fund and the MacEwan Library’s Open Textbook Grant, which both took a risk on me and dedicated funds and mentorship to make this project possible. Their support not only helped launch the first edition of this text but also affirmed the value of collaborative, student-driven scholarship. I am forever grateful for their investment in open education and their confidence in this work.

Some chapters in this textbook were authored by students as part of their final assignment in LEGL 200: Paralegals and the Legal Environment, while others were created by students who volunteered their time or worked as paid research assistants. From the beginning, the goal of this project has been more than simply producing a textbook—it is about giving students a meaningful platform to contribute to their profession. This process provided an authentic learning experience, where students took ownership of their work and recognized that their final product would impact the broader legal community beyond the classroom (Lubicz-Nawrocka & Bovill, 2021, p. 1746). At its core, this project is about empowerment: by embracing open access legal information and creating space for students to shape the resources they and their peers will use, we can cultivate a stronger, more knowledgeable, and more effective legal profession—particularly among paralegals and legal assistants.

As the supervising instructor, I worked closely with students, often guiding them through several iterations of their chapters until we reached a product worthy of publication. My role was to oversee the process, edit for clarity and quality, and add an element of instructional design to make the content more engaging. The primary goal, however, was always to uplift future legal professionals by giving them both a platform and a published chapter to add to a growing body of information created by legal professionals for their own demographic. For this reason, I am listed as an editor and, in some cases, a secondary author. It is important to emphasize that I am not the author of each chapter—these students did the hard work. The bulk of the ideas, analysis, and writing belongs to them.

Industry Partnerships

References

Lubicz-Nawrocka, T., & Bovill, C. (2021). Do students experience transformation through co-creating curriculum in higher education? Teaching in Higher Education, 28(7), 1744–1760. https://doi.org/10.1080/13562517.2021.1928060

The decision to feature a woman was intentional. The paralegal profession in Canada, as in many jurisdictions, is predominantly female. The Law Society of Ontario’s 2024 Annual Report notes that 68% of licensed paralegals are women, and although Alberta’s paralegals remain unregulated, a similar demographic trend is likely to apply. This gender imbalance has deep historical roots, tied to the profession’s evolution from legal secretarial work and the persistent undervaluing of feminized labour in law. By visually centering a woman in a position of expertise and professionalism, the cover challenges these historical narratives and affirms the intellectual and professional legitimacy of paralegal work.

The image also embodies the principles of open access and educational equity that guide this project. Open-access resources like this textbook remove barriers to learning and professional development—barriers that disproportionately affect women and underrepresented groups in the legal field. By making knowledge freely available, we take a step toward greater inclusion, diversity, and recognition within the profession.

Ultimately, the cover serves as both a representation and a reminder that legal research is not confined to lawyers alone—and that empowering paralegals and legal assistants through accessible, high-quality education strengthens the legal system as a whole.

In this chapter you will be presented with a legal scenario from a potential client. The purpose of this scenario is to learn how to gather evidence from the client in order to conduct legal research to answer the legal question at hand.

Legal Scenario

Your law firm has been approached by a 25-year-old potential client, currently a student at MacEwan University, who has a complaint about receiving a distracted driving ticket. The client explains that on October 16, they were driving northbound on Stony Plain Road at approximately 8:30 a.m. The client was running late for their university class and was due to write a midterm that morning. They quickly checked their phone to see if they had received any email notifications from their professor, as they had emailed them before leaving their house to explain that they would be a few minutes late for the midterm. The client then further explained that after quickly checking their phone, they were pulled over by an Edmonton Police officer. The client explained the situation to the police officer, but was charged with distracted driving under section 115.1(1)(a) of the Traffic Safety Act and issued a $287 distracted driving ticket and three demerits on their license. The client explained that they had only turned their phone on for a brief second to check if they had received a notification from their professor about being late for the midterm. They stated they were following the speed limit and not driving recklessly. The client believes it is unfair that they received a harsh fine and demerits on their license, as they only checked their phone for a few seconds, and that the police officer acted unfairly. The client wishes to fight their ticket.

Factual Analysis 

After listening to the client explain their situation and gathering all the facts, the next step is to identify the legal research that needs to be conducted and develop a plan for that research. Following the method suggested by Blatt and Kurtz (2020), the following relevant facts can be gathered.

1. What are the legally relevant facts? The who, what, when, and where of the client’s claim.
   • Who: A 25-year-old MacEwan University student and an unnamed police officer are involved.
   • What: The client was pulled over for using their phone while driving and was charged with distracted driving under section 115.1(1)(a) of the Traffic Safety Act.
   • When: The incident occurred on October 16, at 8:30 a.m.
   • Where: The client was pulled over while driving on Stony Plain Road heading toward MacEwan University in Edmonton.
2. What is the client asking?
   • The client wants to fight their distracted driving ticket as they believe the fine of $287 and three demerits on their license is too harsh of a penalty. They want to either lessen the penalty or abolish it altogether.
3. What area of law is relevant to the issue? 
   • It is quasi-criminal, specifically, traffic.
4. What legal issues have been identified? What keywords help to conclude this? 
   • The legal issue concerns distracted driving, specifically whether briefly looking at, or holding, your phone constitutes a distracted driving violation.
   • The key words in the client’s statement used to identify this legal issue are distracted driving, phone, ticket, and holding.
5. What is the objective of the legal research task?
   • To identify if the client has a defence to their distracted driving ticket.
6. Are there any hidden issues that need to be addressed? Is any further information required? 
   • What were the police officer’s observations, and in what context? Could they see through the window from their vehicle or sidewalk (if applicable)?
   • What were the weather and traffic conditions at 8:30 a.m. on Stony Plain Road where the incident took place?
   • What kind of vehicle was the client driving?
   • Did the officer lose sight of the individual at any point, considering the traffic conditions? (For example, were the vehicles at a standstill during rush hour, or were they moving consistently, and were there multiple vehicles similar to the client’s on the road?)

It is essential to address the underlying issues before proceeding to the next step. To verify the above information, additional interviews with the client may be necessary. In this scenario, we are defending the client. As a result, we must obtain all officers’ notes from the incident that led to the issuance of the violation ticket, also known as disclosure from the Crown Prosecutor’s Office. From there, we must review the police officer’s notes to determine what a potential defence might be for the client. After reviewing the police officer’s notes, it was found that the police officer was standing on the sidewalk and had been tasked with specifically looking for distracted drivers. Additionally, his notes state that it was a clear morning with no visibility issues resulting from the weather when looking for distracted drivers. Furthermore, despite the timing of 8:30 a.m. on a school day, the traffic was relatively light, with only a few cars on the road. The client’s red Maserati vehicle was easily distinguishable from other vehicles in the officer’s sight. The officer was able to clearly see the client holding their cellphone through the windshield of the vehicle, prompting them to flag the client over for distracted driving. This information is important because it provides additional details that were necessary for us to understand the incident and its surrounding circumstances more comprehensively. We now know that the officer had no visibility issues on the morning of the incident and was directed to screen for distracted drivers. Therefore, the officer was seeking clear signs of a driver engaging in an act that might constitute distracted driving. At this point, it is beneficial to create a list of the facts that have been gathered so far. Review the facts in the table below.

After gathering and organizing the relevant facts of the case, the next step is to frame the legal issue. McCarney et al. (2016) suggest the best approach is to frame the legal issue as a question and to apply the law to the facts of the case. In this particular scenario, the relevant law governing the case is the prohibition on using a cellphone while driving under the Traffic Safety Act. We then need to apply this law to the facts of the case. With all of this information in mind, the legal issue can be framed as follows:

Whether the client is guilty of distracted driving under s. 115.1(1)(a) of the Traffic Safety Act for holding their phone while driving a motor vehicle on the highway.

You must frame the legal issue before you start your research, as this will help narrow the scope of the research that needs to be conducted. It is also important to use concise language in the legal issue, as this will help to identify what factors you are looking for, and if there are cases that have similar facts. After the legal issue is identified, the next step is to begin the research process using legal databases such as CanLII or Westlaw.

Legal Research 

Now that the legal issue has been identified, the next step is to conduct legal research. One way to begin legal research is to start by using CanLII as it is a free, open resource. It is also important to note that when relying on primary sources the source must be accessible to everyone. An initial search in CanLII of “Distracted Driving and Alberta” can be helpful to start the search for primary sources. Boolean operators are also a great tool to use when conducting research and can help to narrow or widen your results. Boolean operators are discussed in detail in an earlier chapter. After entering this into the CanLII search bar, you can specify your search to look at cases or legislation. From here, I would click on legislation so that we can learn more about Alberta’s rules on distracted driving. [caption id="attachment_1173" align="aligncenter" width="1024"] Figure 9.1 Screenshot of an initial search in CanLII using the search terms “distracted driving and Alberta”. Source: CanLII. https://www.canlii.org/. Image included on the basis of fair dealing.[/caption] By scrolling through the links that appear, it is evident that the Traffic Safety Act is a recurring piece of legislation. The next step would be to review the Traffic Safety Act and determine if it contains any information on distracted driving laws in Alberta. Scrolling down the same page, it can be seen that there is a link to the Traffic Safety Act. [caption id="attachment_1247" align="aligncenter" width="1024"] Figure 9.2 Link to the Traffic Safety Act, RSA 2000, c T-6. Source: CanLII. https://www.canlii.org/. Image included on the basis of fair dealing.[/caption] The link should then take you to the Traffic Safety Act, RSA 2000, c T-6. Tip: Make sure to check that you have the correct jurisdiction for the location of the offence. Once on this screen, you can review the legislation and find the information you need on what Alberta considers distracted driving. One of the easiest ways to look for information within a long document is to use the “Find in Document” function on CanLII. [caption id="attachment_1232" align="aligncenter" width="1024"] Figure 9.3 Using the “Find in Document” function on CanLII. Source: Traffic Safety Act, RSA 2000, c T-6. https://canlii.ca/t/5696w. Image included on the basis of fair dealing.[/caption] Once you click on this icon, it will give you a search bar that will allow you to type in keywords to help narrow your search. Tip: Make sure to spell the word you are looking for correctly; otherwise, it will be unable to find the keyword you are looking for. [caption id="attachment_1235" align="aligncenter" width="1024"] Figure 9.4 Using keywords to help narrow your search within a CanLII document. Source: Traffic Safety Act, RSA 2000, c T-6. https://canlii.ca/t/5696w. Image included on the basis of fair dealing.[/caption] Typing the word “distract” into the search bar has a few results. Scrolling through the results, by using the arrows, leads to Section 115, which discusses the prohibited operation of vehicles. [caption id="attachment_1237" align="aligncenter" width="1024"] Figure 9.5 Using the arrows to scroll through the keyword results. Source: Traffic Safety Act, RSA 2000, c T-6. https://canlii.ca/t/5696w. Image included on the basis of fair dealing.[/caption] Scrolling through this section, it lists many different reasons for what is considered reckless driving. Further down, there is a section on the use of cellular telephones. Section 115.1(1)(a) states that no person is allowed to operate a vehicle while simultaneously “holding, viewing, or manipulating a cellular telephone.” [caption id="attachment_1246" align="aligncenter" width="1024"] Figure 9.6 Cellular telephones, electronic devices, etc. Section 115.1(1)(a). Source: Traffic Safety Act, RSA 2000, c T-6. https://canlii.ca/t/5696w. Image included on the basis of fair dealing.[/caption] This is an excellent example of a primary source that can be relied upon for continued research. It is legislation that describes the law around distracted driving and explains that an individual is not allowed to hold or view a cellular device while driving. The next step is to look at any applicable cases that may be relevant to our case. By clicking on the bubble with the pencil beside section 115.1, it provides the option to view “citing documents” that may have referenced this section of the legislation. [caption id="attachment_1244" align="aligncenter" width="1024"] Figure 9.7 Option to view “citing documents”. Source: Traffic Safety Act, RSA 2000, c T-6. https://canlii.ca/t/5696w. Image included on the basis of fair dealing.[/caption] Clicking on this link will direct you to cases that have addressed the offence of distracted driving, particularly in relation to the use of a cellphone while operating a vehicle. Reading through these cases will help your legal research on how this section of the Act has been used in court. Finding cases that have similar facts to your case will support your argument and help form a defence.

Analysis

There are two cases that can be used to compare against our client’s case. The case of R v Ahmed, 2019 ABQB 13 and R v Gagne, 2019 ABPC 188. A table can be used to compare the facts and outcome of each case and how it relates to our client’s case for ease of understanding on what the likely outcome will be for our client.

Both of the cases above demonstrate that the courts strictly interpret Section 115.1 of the Traffic Safety Act, which addresses the use of cellphones while driving. It states that any act involving the viewing or holding of a phone in any manner is prohibited and can result in a person being charged with distracted driving.

Conclusion 

Our legal research indicates that the legislation and case law reviewed would most likely support our client being found guilty of distracted driving. The final step would be to write a legal memo or report that presents the information clearly and concisely, referencing all primary and secondary sources used, and then present it to the responsible lawyer. Although this scenario was conducted in a step-by-step procedure, it is important to note that conducting legal research is not a linear process. Oftentimes, you may be unable to find cases that match the facts to your legal scenario. This results in finding cases that are similar but may have different facts. It also may result in having to use cases outside of your jurisdiction, which results in using persuasive cases instead of binding cases. As stated above, legal research is not a linear process and can be challenging at times. It is important to know that there are resources available to assist you during your search. Some of these resources are listed below:

• Refer to your responsible lawyer for questions
• Contact a law librarian through the Law Library Legal Research Guides
  • Alberta Law Libraries – Research Guides
• If self-representing, you can contact legal clinics/organizations near you as they can provide simple legal advice.

References

Blatt, A., & Kurtz, J. (2020). Legal research: Step by step (5th ed). Emond Publishing. McCarney, M., Kuras, R., Demers, A., & Kierstead, S. (2016). The Comprehensive Guide to Legal Research Writing & Analysis (2nd edition). Emond Montgomery Publications. R v Ahmed, 2019 ABQB 13. R v Gagne, 2019 ABPC 188.

Attribution