Canadian Digests

Case Law Digests Or Summaries

Case digests and summaries constitute a useful resource for finding case law. Digests are organized alphabetically by subject and provide brief summaries of cases. They also provide citations to full-text versions of the cases. While many Canadian publishers compile digests of cases, the leading Canadian digest service is the Canadian Abridgment.

Some Digests

• Canadian Encyclopedic Digest (KE 156.2.C36x 1978). This is also available on Westlaw within the CED database. In fact this is a legal Encyclopedia, so see under Encyclopedias here.
• Canadian Current Law (KE 173.C36) continues the Canadian Abridgement. The Abridgement is also available on Westlaw in the ABRIDGMENT database. Case law digests are classified within 120 subject titles and are alphabetically arranged.
• Current Legislative Digest – Canada (Can Doc. 202.50): This is a useful legislative index.

The Canadian Abridgment (2nd and 3rd eds.)

The Canadian Abridgment digests the case law of the common law provinces from 1809 to the present. The publisher were engaged in the process of publishing the 3rd edition of the Abridgment incrementally one topic at a time. For some time, users needed to consult both the 2nd and 3rd editions.

Composition of the Canadian Abridgment

• Main Work -a number of hard-copy volumes organized alphabetically by subject. Soft cover supplements update each volume.
• Key and Research Guide – Each case digest in the main work is given a key number, according to the subject headings and subheadings under which the case is classified. Cases with the same key number are grouped together in the main work. Accessing the main work through the Key and Research Guide thus allows you to find several cases relevant to the particular point of law that you are researching.
• General Index – This is organized alphabetically, by key word, with citations to the corresponding key numbers in the main work. This indexes both the 2nd and 3rd editions.
• Consolidated Table of Cases – Cited C.C.L., this is an index of all the cases appearing in the main work. The hard cover volumes index cases appearing in volumes of the main work dated 1995 or earlier. The soft cover volumes index cases appearing in volumes dated 1996 or later, as well as those cases appearing in the soft cover supplements. The dates of the volumes of the main work are written on the spines.
• Canadian Current Law – A biweekly update of all the research features of the Abridgment, including the Case Law Digests and the Consolidated Table of Cases.

Additional Components of the Canadian Abridgment

• Words and Phrases (Revised ) – An alphabetical listing of words and phrases that have been judicially considered. This series provides excerpts from relevant cases, and notes the subject titles of the main work under which these cases are classified.
• Canadian Case Citations – Provides the case histories of selected cases that demonstrate specific points of law. The hard cover volumes, soft cover supplements and most recent periodic updates of the Canadian Case Citations should all be checked when updating a case, to ensure that the information located is still relevant.

Using the Canadian Abridgment

The following are procedures for finding cases in the Canadian Abridgment:

Searching by Case Name

• Look up the style of cause in the Consolidated Table of Cases.
• After the style of cause you will find citations to the reporters in which the full-text version of the case can be found and, at the end of the entry, references to digests of the case in the Abridgment.

Note: When digests of a case appear in several different volumes of the Canadian Abridgment , it could mean that the case raises more than one legal issue. You should remember that not all digests of a single case will be the same – different digests will focus on different legal issues.

You should conduct your search of the Consolidated Table of Cases in the following order:

• Hard cover index volumes. If there is a listing, make sure it refers to a volume of the main work dated 1995 or earlier (check the spine of the volume for its date). If the volume has been reissued since 1995, the reference you find will not be accurate. You will have to use the soft cover index volumes to find the updated listing.
• Soft cover index volumes. These volumes, replaced every year, list cases appearing in volumes of the main work published after 1995, as well as cases appearing in the soft cover supplements to the main work.
• Canadian Current Law. Cases that post-date both the main work and its supplements will be found in Canadian Current Law . Each issue of Current Law , up to the most recent issue, should be checked. There is a Table of Cases at the front of each issue, which will refer you to the location of the case within that issue of Current Law.

Searching by Subject – Key and Research Guide method

The organizational scheme of the C anadian Abridgment makes this kind of search relatively straightforward. Each case in the Canadian Abridgment is designated one or more key numbers, according to the subject headings and subheadings under which the case is classified. Cases with the same key number are grouped together in the main work.

To conduct a search using the Key and Research Guide, follow these steps:

• Turn to the “Subject Titles Table” at the beginning of the Key. Scan the list of titles and try to find the subject title most relevant to your topic.
• Once you have found an appropriate title, turn to that title in the Key and Research Guide . You can now narrow your search by finding more specific sub-titles. The ‘Scope Note’ at the beginning of each title will tell you what issues are included in the title and where related issues may be found.
• Make a note of the key number that corresponds to the title and subtitles you have located.
• Go to this key number in the main work of the Abridgment. You will find cases addressing the specific legal issue you are researching. The fact that cases addressing a certain issue are grouped together will help to ensure that your search is comprehensive.
• Check the soft cover supplement to the volume you are using, to see if any recent cases have been digested under your key number. Repeat this process using Canadian Current Law.
• Check the “Key Supplement” (on the yellow pages at the beginning of the key section), if there are any, under the relevant title for any changes in the classification system.

For example, under the Criminal Law title of the Abridgment , “test for obscenity in films and videotapes” is classified as key number VII.2.c.v:

Criminal Law (the general area of law) (Volume R9)
public morals and disorderly conduct (VII)
obscenity (2)
test for (c)
films and videotapes (v)

Searching by Subject – General Index method

• Locate the General Index binder of the Abridgment and look under the section entitled “General Index.” Locate the topic headings and sub-headings most relevant to your research. Beside each subheading are key numbers that will direct you to the relevant digests in the main work of the Canadian Abridgment .
• Consult the yellow pages at the end of the “General Index” to see if there is a supplementary index. The supplementary index directs you to digests in the soft cover supplements to the main work.
• To ensure that your search is completely up to date, you should consult the indexes in issues of Canadian Current Law that were released after the publication of the supplementary index. Canadian Current Law publishes a cumulative edition four times a year. Begin with the most recent cumulative supplement, then consult individual issues that post-date its publication.

Searching by Word or Phrase

At some point, you may need to determine how a word or phrase is legally defined. To search for a word or phrase in the Abridgment , you can use the following tools:

• The Words and Phrases (Revised) volumes of the Abridgment are comprised of an alphabetical list of words and phrases that have been judicially considered. The volumes excerpt portions of judgments, and provide references to applicable case digests in the main work.
• The General Index’ s Words and Phrases Table may contain more current information. The table is divided into two sections, the first of which lists words and phrases alphabetically and cites relevant digests in the main work. The second section is organized by subject title, listing words and phrases considered under each title.
• Whether you use Words and Phrases (Revised) or the General Index , it is important to ensure that the information you find is current. To do so, consult the “Words and Phrases” Table in the most recent cumulative edition of Canadian Current Law. Then, consult the same table in issues of Current Law that post-date the publication of the cumulative edition.

Other Case Digests

Many publications digest Canadian case law. The Abridgment is, however, the most comprehensive of these publications. Other digests include a much smaller selection of cases, which will limit the scope of your research. When searching for Canadian case digests, it is therefore suggested that you begin with the Canadian Abridgment , using other digests to supplement your research.

There are National and Topical digests, for example.

National Digests

Listed below are other useful digests of Canadian case law, starting by National Digests. In addition to the Canadian Abridgment , three other digest series are national in scope:

All Canada Weekly Summaries

Print: (Dig. Can. A2 A55). Online: Lexis-Nexis

The All Canada Weekly Summaries is a weekly digest of unreported civil cases from across Canada. The series consists of hard cover volumes and a binder containing current issues. A soft cover index is issued every six weeks. Cases can be accessed by case name using the consolidated Table of Cases, or using the table of cases found at the beginning of each volume. Cases can be accessed by subject using either the Consolidated Index or the indexes to individual volumes. The All Canada Weekly Summaries is available on Lexis-Nexis. Using the online version, you can retrieve full-text versions of recent cases.

Dominion Report Service

Online: QUICKLAW (Database: DRS)
This digest service, originally published in print by CCH Canada, is now only available online through QUICKLAW. The Dominion Report Service covers Canadian case law from 1986 to the present. Court cases discussing all types of law are included, but the decisions of boards and administrative tribunals are not.
Maritime Law Book’s Digest and Index System
Maritime Law Book Ltd., publisher of the National Reporter (Rpts./Can./B2/N37 LAW) and provincial report series, has adopted a common indexing system for all its reports that is similar to the “West’s Key System” that is employed in the United States (see the American Encyclopedia of Law for more information on American digests). Maritime has divided the law into more than 125 topics. Each topic is further sub-divided, so that each point of law is classified by a key number. Maritime identifies the points of law discussed by each case it reports, and a one-line headnote for the case is printed under each applicable digest key number.

For every ten volumes of the National Reporter published, a Digest and Index covering those volumes is produced. It includes several different indexes, including a table of cases, indexes to statutes and cases judicially noticed, and words and phrases judicially defined. Finally, a keyword index identifies the Maritime key number corresponding to a particular legal concept. This key number can be used to locate relevant cases in all of Maritime’s publications.

Canadian Topical Digests

There are numerous topical digests available online and in print. Some of the most useful are described below:

Supreme Court of Canada Reports Service (2nd ed.)

This service consists of case digests of all reported and unreported judgments of the Supreme Court of Canada since 1971. Volumes are divided by calendar year, with each year accompanied by a cumulative subject index and a Table of Cases.

Charter of Rights Annotated

Print: KF 4483.C5
The Charter of Rights Annotated provides a description and summary of Charter law, organized according to the sections of the Canadian Charter of Rights and Freedoms (1982). Each section is followed by its legislative history, comparable provisions in the Canadian Bill of Rights (1960), comparable provisions in the United States Constitution and annotations of principal U.S. Supreme Court decisions, and comparable provisions of the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms . This publication is an excellent resource for researching Charter law.

Charter of Rights Decisions

The Charter of Rights Decisions , cited C.R.D., provides digests of all decisions relating to the Canadian Bill of Rights and to the Charter . An index by Charter section, as well as by subject, is provided.

Weekly Criminal Bulletin

The Weekly Criminal Bulletin , cited W.C.B., provides a weekly digest of unreported criminal cases from across Canada. Both the bound volumes and the weekly issues contain tables of cases. The index at the back of each bound volume provides access to cases by subject. This index also gives a one-line summary of the issues discussed in each case.

Digest of Environmental Law and Environmental Assessment

Cited D.E.L.E.A., the Digest of Environmental Law and Environmental Assessment provides digests of cases relating to environmental law. It includes a table of cases, as well as prosecution and sentencing tables. Publication began in 1992.

Lawyers Weekly

The Lawyers Weekly is a weekly newspaper for Ontario lawyers that carries a digest of current unreported cases . Full-text versions are available upon request, for a fee. The digests are organized yearly into a Consolidated Digest volume. Cases can be accessed by case name through the Table of Cases, or by subject using the consolidated index or the indexes in individual current issues.

Other Secondary Legal Sources

• Treatises
• Directories
• Handbooks, Practice Guides and Nutshells
• Encyclopedias
• Dictionaries
• Indexes
• Associations
• Other Online Research Guides
• Helpful Links and Canadian search engines

Resources

See Also

Secondary Sources