The enactment of the Canadian Charter of Rights and Freedoms does not follow the usual path of Canadian legislation. Tracing its evolution involves research in two jurisdictions – Canada and the UK – since the power to change our Constitution and incorporate new constitutional measures such as the Charter did not lie in our hands but rather with the Crown. This can cause a lot of confusion when searching for source law on the Charter.
For this reason, we have created a LibGuide that aims to guide the researcher in their pursuit to locate and identify legislative intent for the Charter as well as to help form a basic understanding of the legislative pathway the Charter underwent to be enacted. This LibGuide provides the dates and direct links to the British and Canadian Hansards and identifies some helpful secondary and primary source material concerning the Charter. The territories of this LibGuide include:
The Charter: A Brief Legislative History
The Hansards: The Charter in Canada
The Hansards: The Charter in the United Kingdom
Secondary Resources at the Great Library
And the LibGuide is now live! Much like the other LibGuides produced by the Great Library, the Charter LibGuide will be periodically updated. Visit the Great Library Research Guides to find this and other helpful LibGuides produced by the Great Library staff.
This post focuses on the final stage of the research process – writing. The importance of this stage is self-evident – all of the hard work you’ve put into researching your client’s legal problem will be wasted if you can’t effectively communicate your findings and analysis.
Here are a few tips to keep in mind during the writing stage of a research assignment:
Practice time management
Make sure you leave enough time in your research process for writing. Clear writing and thorough editing may take you as much time as researching. Plan according to your deadline. Don’t fall into the trap of dragging out your research to avoid nailing down your analysis and beginning to write.
Edit in stages
Tackle the crucial task of editing and revising your work in stages so that you can focus on one aspect of your document at a time. Start by reviewing the big picture – the overall purpose, structure and flow. Go back and edit for clarity and style. Lastly focus on the details. Proof read for typos, grammar, citations, links, etc. Check out this helpful tutorial on editing your own work using a 5-layered strategy.
Get guidance
Writing well is a career-long pursuit. Achieving the goal of clear, concise, accessible and compelling written work takes time, practice and also guidance. Where possible ask for feedback on your writing and accept constructive criticism.
Other Resources
There is also a plethora of helpful writing about legal writing that you can use to improve your skills in writing research memos, opinion letters, pleadings, contracts and, most importantly in daily practice, client communications. There’s lots to explore, but here’s manageable selection of practical resources to start with:
straightforward, readable advice on fixing legal writing deficiencies. The book’s working title, Please Don’t Write like a Lawyer, says it all.
Justice John I. Laskin, “Forget the Wind-up and Make the Pitch”, Ontario Court of Appeal (originally published in Advocates’ Society Journal, Summer 1999)
In October, the Ontario government announced that they would be raising the claim limit for Smalls Claim Court from $25,000 to $35,000 in the New Year. This is part of an access to justice initiative to make it faster, easier, and more affordable for people and businesses to resolve their disputes in front of a judge.
Currently, all claims that exceed $25,000 must seek redress through the Superior Court of Justice— one of the busiest courts in Canada. By increasing the Smalls Claim Court claim limit, more litigants will be able to bring their disputes to a court where cases are often resolved in less than a year, and where the use of less expensive legal representation such as paralegals, law students, and self-representation is available. This will also help free up the Superior Court of Justice to focus on more pressing family and criminal law cases as more civil cases are diverted to Small Claims Court.
Along with this change also comes the increase in the minimum amount of a claim that may be appealed to Divisional Court from $2,500 to $3,500. Additionally, litigants who started a claim in the Superior Court can seek to transfer their case to Small Claims Court if the claim falls within the monetary threshold.
Legislation Responsible:
O. Reg 343/19 was the regulation responsible for amending O.Reg 626/00, Small Claims Court Jurisdiction and Appeal Limit (regulation under the Courts of Justice Act) to change the maximum claim amount from $25,000 to $35,000. It also increased the minimum amount of a claim that may be appealed to Divisional Court from $2,500 to $3,500. O.Reg 343/19 comes into force on January 1, 2020.
As of December 12 the Legislative Assembly of Ontario stands adjourned for the winter recess and does not plan to return until February 18th. As promised, we have compiled a list of those bills which have progressed through the House this fall (October 28-December 12) and have identified the latest stage they reached before the winter recess.
First Reading
Bill 134, Caribbean Heritage Month Act, 2019 Bill 135, La Francophonie Act, 2019 Bill 137, Franco-Ontarian Community Act, 2019 Bill 139, Caribbean Heritage Month Act, 2019 Bill 140, Defibrillator Registry Act, 2019 Bill 143, Health and Safety at Work Day Act, 2019 Bill 146, Stop Cyberbullying in Ontario Day Act, 2019 Bill 148, Doored But Not Ignored Act, 2019 Bill 149, Dyslexia Awareness Month Act, 2019 Bill 151, Smoke-Free Ontario Amendment Act (Vaping is not for Kids), 2019 Bill 155, Rent Control Act, 2019 Bill 158, Defibrillator Training and Access Act, 2019 Bill 160, Education Amendment Act (Use of Seclusion and Physical Restraints), 2019 Bill 161, Smarter and Stronger Justice Act, 2019 Bill 162, Public Accountability and Lobbyist Transparency Act, 2019 Bill 163, Food Day Ontario (Food Day Canada in Ontario) Act, 2019 Bill 164, Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2019 Bill 165, Ontario Climate Crisis Strategy for the Public Sector Act, 2019 Bill 166, Great Lakes Protection Amendment Act, 2019 Bill 167, Legislative Assembly Amendment Act, 2019 Bill 168, Combating Antisemitism Act, 2019 Bill 169, Home Warranties to Protect Families Act, 2019 Bill 170, Protecting Passenger Safety Act, 2019
Second Reading
Bill 125, Making Northern Ontario Highways Safer Act, 2019
• Lost on division Bill 133, Buy in Canada for Mass Transit Vehicles Act, 2019
• Lost on division Bill 156, Security from Trespass and Protecting Food Safety Act, 2019
• Debate
Committee Stage
Bill 112, Lupus Awareness Day Act, 2019
• Ordered referred to Standing Committee on General Government Bill 130, Combatting Litter for the Environment and Nature Act, 2019
• Ordered referred to Standing Committee on General government Bill 141, Defibrillator Registration and Public Access Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 142, Highway Traffic Amendment Act (Air Brake Endorsements), 2019
• Ordered referred to Standing Committee on Social Policy Bill 144, Northern Health Travel Grant Advisory Committee Act, 2019
• Ordered referred to Standing Committee on Regulations and Private Bills Bill 145, Trust in Real Estate Services Act, 2019
• Ordered referred to Standing Committee on General government Bill 147, Public Safety Related to Dogs Statute Law Amendment Act, 2019
• Ordered referred to Standing Committee on General government Bill 150, Ensuring Transparency and Integrity in Political Party Elections Act, 2019
• Ordered referred to Standing Committee on General government Bill 152, Occupational Safety and Health Day Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 153, Long-Term Care Homes Amendment (Till Death Do Us Part) Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 154, Stop Cyberbullying in Ontario Day Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 157, COPD Awareness Day Act, 2019
• Ordered referred to Standing Committee on Social Policy Bill 159, Rebuilding Consumer Confidence Act, 2019
• Bill considered by Standing Committee on Social Policy
Royal assent
Bill 6, Poet Laureate of Ontario Act (In Memory of Gord Downie), 2019 (SO 2019, c 16) Bill 116, Foundations for Promoting and Protecting Mental Health and Addictions Services Act, 2019 (SO 2019, c 17) Bill 123, Reserved Parking for Electric Vehicle Charging Act, 2019 (SO 2019, c 18) Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (SO 2019 c 12) Bill 132, Better for People, Smarter for Business Act, 2019 (SO 2019, c 14) Bill 136, Provincial Animal Welfare Services Act, 2019 (SO 2019, c 13) Bill 138, Plan to Build Ontario Together Act, 2019 (SO 2019, c 15)
That’s all for now, folks! Come back the end of February for the next “House of Bills: A Weekly Update on Ontario Bills” post.
