1. Doing Library Research at Durham College LEGAL FOCUS Nicole Doyle, Legal Librarian nicole.doyle@dc-uoit.ca

2. What You’ll Learn Today How to do library research at Durham College Doing Legal Research at Durham College and elsewhere Where to find legal materials ◦ in the library ◦ on the website

3. The Research Process Step One: Identify and Articulate Step Two: Find Information Step Three: Analyze and Evaluate Step Four: Present

4. STEP ONE: IDENTIFY AND ARTICULATE

5. On the basis of the FLIR readings, and other tips, the RCMP get a search warrant and find both marijuana and guns in Walt’s house – he is charged with various drug and weapons offences. Walt has a grow-op in his house. Acting on a tip, the RCMP fly over his house in an airplane equipped with a Forward Looking Infra-Red ("FLIR") camera to detect the heat emanating from the house. Recall….

6. Trial A: Walt is found guilty and convicted. Ontario Superior Court, Thomson J (oral reasons only – no case report) More about Walt’s Case…

7. Trial B: Walt appeals Fly-over with FLIR camera violated his privacy and his right to be free from unreasonable search and seizure guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms. The court agrees and Walt is released. R v. Tessling 63 O.R. (3d) 1. Ontario Court of Appeal

8. Trial C: The Crown isn’t going to give up Case moves to Supreme Court. Walt’s right to privacy does not extend to patterns of heat distribution on the external surfaces of his house. FLIR heat profile did not expose any intimate details of Walt’s life, information about his core biographical data, and therefore his constitutional rights were not violated, and he is guilty as originally charged. R v. Tessling 2004 3 SCR 432 – Supreme Court of Canada

9. R. v. Tessling News/Popular Commentary Appeal?Supreme CourtOntario Court Case reports Legal arguments Key issues Charter of Rights

10. Google

11. USING THE LIBRARY TO FIND LEGAL MATERIALS

12. Selected Print Legal Materials Statutes and Regulations ◦ Federal, Ontario ◦ Revised, Annual Cases in print reporters ◦ Jurisdiction: Ontario Reports, Supreme Court Reports ◦ Subject: Canadian Criminal Cases, Reports of Family Law ◦ Canadian Abridgement Legal Dictionaries Legal Textbooks

13. Print Materials in the Library Main floor: Legal Reference Collection (at far east end of building) ◦ Current laws, regulations, cases Main floor: Reference Section ◦ KE call number range (books) 2 nd floor Circulating collection ◦ KE call number range (books) 3 rd floor Special Collections ◦ older materials

14. The Library Website Use the Library Catalogue to Find PRINT Legal Materials in the Library

22. To look up cases in these books, you need to understand how citation works…. Use Tessling citations as examples

23. Magazine Citation in MLA Style: Harris, Ronald. “Prime-Time Violence.” Maclean’s 7 Dec. 1999: 40-50. Legal Citation: R. v. Askov, 37 C.C.C. (3d) 289 Legal Citation

24. Harris, Ronald “Prime-Time Violence.” Maclean’s 7 Dec. 1999 40- 50. AuthorArticle TitleIssue Magazine TitlePage MLA Citation Style – used in humanities and literature courses.

25. R. v. Askov,37C.C.C.(3d)289. Style of CauseVolumeSeries Reporter NamePage C.C.C. = Canadian Criminal Cases Legal Citation

26. R. v. Askov,[1990]2S.C.R.1199. Style of CauseVolumePage Reporter NameYear of Reporter S.C.R. = Supreme Court Reports

27. More help on the library website

29. FINDING ELECTRONIC LEGAL MATERIALS

32. Good Reference Books

33. Selected Electronic Resources CanLII ◦ Statutes, cases, etc. by jurisdiction E-Laws ◦ Ontario Statutes Justice Canada ◦ Canadian Statutes Lexum ◦ Supreme Court of Canada Decisions

48. GOOD LUCK ON YOUR ASSIGNMENT!