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Note Up Older Legislation

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Noting up legislation is straightforward. On CanLII you enter the name or citation of the act in the note up field; in Lexis Advance you enter the citation of the section you are interested in preceded by cit: (e.g. cit: SBC 2011 c 25 s 160) and in Westlaw Canada you enter the citation of the section you are interested in preceded by kc: (e.g. kc: SBC 2011 c 25 s 160).

However if you note up only the current version of the legislation you may miss out on some older but still relevant cases.

In order to note up the equivalent section in an older act you will need to know what the correct citation is. Section numbers change from consolidation to consolidation since acts are renumbered when a revised consolidation is produced. Section 27 of the R.S.C. 1985 version of an act may not refer to the same thing as section 27 of the R.S.C. 1970 version of that act. How you determine the correct section number depends somewhat on the jurisdiction of the legislation.

Keep in mind that the section of an act referred to by an older case may read dramatically differently from how it does now. If you find an older case that appears to be relevant, you should confirm how the legislation read at that time.

Susannah Tredwell


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