Legal Research

1. Legal Research Alberta Legislation

2. Today�s Menu Legal publishing and why that matters Legislative material Alberta legislation finding tools and sources

3. Legal Publishing Print Textbooks Looseleaf services Case reporters Legislation Journals Historical media. Judges would choose cases and then send them to legal publishers for head noting and publication Electronic Case reporters Legislation Integrated textbooks Journals Contemporary media � Print on demand. Courts publish cases (with some exceptions for privacy) on websites, legal publishers get cases from courts for head noting and publication in electronic and print sources Only a few because it is a small market Easier to do legislative research in print Electronic versions are not offical Confusion over in force dates and currencyOnly a few because it is a small market Easier to do legislative research in print Electronic versions are not offical Confusion over in force dates and currency

4. Legislation Bills Acts (a.k.a. Statutes) Regulations (a.k.a. Rules) Bylaws

5. Process of Legislation Government bills are approved government policy � party in charge � usually a cabinet minister sponsor start with #1+ Private members � something proposed by an MLA � government or opposition party � usually #200+; Not approved government policy Private Members Bills � always start #PR� - person or organization petitions the LegislatureGovernment bills are approved government policy � party in charge � usually a cabinet minister sponsor start with #1+ Private members � something proposed by an MLA � government or opposition party � usually #200+; Not approved government policy Private Members Bills � always start #PR� - person or organization petitions the Legislature

6. Acts Alberta acts are bills which have received Royal Assent Acts are published by the Alberta Queen�s Printer in several forms Annual bound volumes Revised Statutes Bound Looseleaf Consolidated statutes Incorporate the latest revision and any amendments Electronic format (subscription based and free)

7. Acts � yep, there�s more Coming into force Most important thing to know Three options On Royal Assent (default) On a date named in the act On proclamation Proclamations are published in the Alberta Gazette Part I The Table of Public Acts (pink pages) will give you hints about status of legislation as well as citation (finding it)

8. Regulations Acts are the What � Regulations are the How Acts give the authority for who and what kind of regulations are allowed Regs are the method that laws are carried out Regs are published in Alberta Gazette Part II Consolidated regulations are ONLY available electronically

9. Act Regulation Standard speed limit re school or playground zone 107(1) In this section, �school zone� and �playground zone� mean that portion of a highway identified as a school zone or a playground zone by a traffic control device in the manner prescribed by regulations. (2) Subject to a speed limit that is prescribed under section 108(1)(h) for a highway, (a) 30 kilometers per hour is the maximum speed limit within a school zone, other than a school zone referred to in clause (c), during the periods of time and the days provided for or otherwise specified in the regulations; �� and it goes on and on and on from there from Traffic Safety Act, RSA 2000, c.T-6 Subject to section 107(2) of the Act, where a portion of a highway is identified as a school zone by a traffic control device, the speed limit that is established or prescribed for that school zone is in effect during the following periods of time on any day that school is held: (a) the period between 8:00 a.m. and 9:30 a.m.; (b) the period between 11:30 a.m. and 1:30 p.m.; (c) the period between 3:00 p.m. and 4:30 p.m. �.and it also goes on and on from Use of Highway and Rules of the Road Regulation 304/2002 pursuant to the Traffic Safety Act

10. Bylaws The Municipal Government Act (a provincial act) gives municipalities (cities, towns, and municipal districts) the power to make rules specific to their jurisdiction � these are bylaws Example: City of Edmonton Zoning Bylaw www.edmonton.ca or direct: http://www.Edmonton.ca/zoningbylaw/

11. More on Bylaws �Bylaws are municipal legislation used to protect the health, safety and welfare of the citizens of Edmonton as well as promote community standards. Bylaws are passed by City Council and maintained by the City Clerks office. They include such concerns as smoking, parking, animal control, licensing and zoning regulations� from the City of Edmonton Website at www.edmonton.ca Bylaws are available from city clerks Every jurisdiction has its own bylaws. They look like statutes or regulation. They can contain topics that are found in regs or statutes, but they can�t conflict with other lawsEvery jurisdiction has its own bylaws. They look like statutes or regulation. They can contain topics that are found in regs or statutes, but they can�t conflict with other laws

12. Sources The Alberta Queens Printer offers two sites: Free - www.qp.gov.ab.ca Subscription - qpsource.gov.ab.ca worth every penny Both sites have Acts, Consolidated Acts, Regulations, Consolidated Regulations and other goodies The Alberta Legislative Assembly website is the source for Bills, Hansard, etc. (pending documents) www.assembly.ab.ca And www.canlii.org laws.justice.gc.ca www.parl.gc.ca/LEGISINFO

13. Paid Site vs Free Site

14. Legislative Assembly Bills link show text and status of documents it is NOT a search engine

15. Legislative Info on the Net CanLII � Canadian Legal Information Institute www.canlii.org Not-for-profit, funded by the Federation of Law Societies Material in the database is publicly available elsewhere This collection makes it easy to search across jurisdictional boundaries One search engine for all material Links to the Source are provided

18. Legal on the Net continued� Start with a Legal Research PORTAL http://www.lawlibrary.ab.ca http://www.ucalgary.ca/library/law/ http://www.library.ualberta.ca/subject/law/legislation/index.cfm A portal will give you links and often, �how to� information as well.

19. How to find currency �Pink pages� and tables Alberta Gazette Part I (CIF information and notices the gov�t must publish) Alberta Parliamentary Digest Alberta Gazette Part II (regs) Bills, Spring or Fall Sittings, Annual vols. and Loose-leaf versions

20. Noting up Currency Tables (pink pages) Judicial consideration WestlaweCarswell or LexisNexis Quicklaw Statutes of Alberta Judicially Considered (print!)

21. Statute Consideration on WeC

22. Statute Consideration on LNQL

23. Alberta Statutes Judicially Considered

24. TIP for finding legislation by subject If you start with only a subject area, use a textbook to give you language or links If you start with a specific document, also look for: An annotated version (like a textbook) Check for related documents (i.e. regulations or forms) Look for government guidelines or info sheets Remember to check the in force date!!!!!!!