Noting Up Cases – Part 3/3 (Tip of the Week)
October 10, 2014By Alan Kilpatrick
Noting up is a basic legal research skill. It allows you to locate other decisions that have or have not followed or considered a particular case. This will enable you to determine whether a case is still good law or whether it has been overruled or criticized.
Over the past two weeks, we have discovered how to note up case law with the Saskatchewan Cases Search and CanLII. This week, we will note up case law with the Canadian Case Citations (CCC). This is a print resource in the Law Society of Saskatchewan Library in Regina.
The CCC describes itself as a national case citator. It provides the case history and significant treatment of all reported federal and provincial decisions from 1867 to the present. Unreported decisions are included in the CCC from 1986 to the present. The CCC is contained in several red volumes on the library shelf. It is arranged alphabetically by style of cause.
The red hardcover volume on the left is the CCC volume for cases beginning with the letters R v L to R v Q. It contains the treatment of cases from 1867 to 2006. The red soft cover volume on the right is the CCC Annual Supplement for cases beginning with these letters. It contains the treatment of cases from 2007 to the present. As such, noting up cases with the CCC is a two-step process:
- First, the hardcover CCC volume must be consulted to determine the history and treatment of a case from 1867 to 2006
- Second, the softcover CCC Annual Supplement must be consulted to determine the treatment of a case from 2007 to the present
The CCC uses a variety of symbols to illustrate case history and treatment. A table at the front of each CCC volume defines these symbols:
The CCC explains that, “history entries record prior and/or subsequent developments in the appellate history of a case. Treatment entries record the judicial consideration of one decision by another.”
Let’s continue by learning how to use the CCC to note up R v Lewko, 2002 SKCA 121. First, select the hardcover CCC volume for case law beginning with the letters R v L to R v Q. Let’s open this volume and flip through the pages until we find the case we are searching for.
In the centre of the page, we see a list of cases citing R v Lewko, 2002 SKCA 121. Note the history and treatment information. Let’s continue by checking the softcover CCC Annual Supplement next. Flip through the pages of the annual supplement until we find the case we are looking for.
Again, we see a list of cases that have cited R v Lewko, 2002 SKCA 121.
If you have any questions, ask a Law Society Librarian. We are pleased to provide legal research assistance to Saskatchewan members in person, on the telephone, or by email.
Email reference@lawsociety.sk.ca
Call 306-569-8020 in Regina
Toll-free 1-877-989-4999
Fax 306-569-0155
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