Cecilia Tellis, Law LibrarianBrian Dickson Law Library

CML 3319 : Advanced Legal ResearchWinter 2011

Federal legislation

Colleen Addison,Law Librarian, Brian Dickson Law Library

Outline

Legislation– Legislative Process (cont’d)– Bills– Hansard– Regulations

Bills and the Legislative process

What do you know?

How does a bill go through Parliament? How many types of bills are there? What are they? Where can you find bills? What about older bills?

Tobacco Act

1988 Joe Camel is introduced1991 study was published by the Journal of

American Medical Association1994 Mangini v. R. J. Reynolds Tobacco Co. Joe Camel contributed to the growing number of young smokers1997 R. J. Reynolds Tobacco stops Joe Camel advertisements

Looking up bills

Tobacco Act, s 22– Subject to this act, …a person cannot advertise a

tobacco product ..[with] lifestyle advertising or advertising that could be construed on reasonable grounds to be appealing to young persons.

Why would you look up a bill? To find out more about…

– Upcoming changes– Loopholes in a statute– Purpose of a statute– Clarify meaning of a statute

Similarly, you may wish to look up the legislative process.

What type of bill are you looking up? Public Bills

– Government Bills– Private Member’s Public Bill

Private BillsAll bills are looked up in the same way!

Looking up bills

New Bills – Legisinfo (2001-)

• http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E

– Parliament of Canada site (1998-)• http://www.parl.gc.ca/common/index.asp

Older Bills

Looking up older bills

You need to know five things: – Bill name– Bill number– Bill year– Parliament and session

Either the Canada Gazette or, more usually, the Statutes of Canada

Looking up older bills

In print, in Parliamentary documents Not catalogued per se, but bound by

Parliament and session, and by bill number

i.e. 2nd Session, 35th Parl.– Bill 71 – 81– 1996

Comparison of bill and law

Tobacco Act, s 18 Promotion– This part does not apply to …a promotion that a promotion by a

tobacco grower or a manufacturer that is directed at tobacco growers, manufacturers, persons who distribute tobacco products or retailers but not, either directly or indirectly, at consumers.

V.S. Bill C-71, s 18 Promotion

– This part does not apply to…a promotion that is directed solely towards a person who distributes tobacco products or a retailer.

Why would you look up the legislative process? Same reasons as bill but in more

depth– Upcoming changes– Loopholes– Purpose of statute– Clarify meaning

The legislative process: How a bill becomes law In both houses

– First Reading– Second Reading– Committee Stage (mostly in House of Commons)– Report Stage (mostly in House of Commons)– Third Reading

Royal Assent Proclamation

Looking up the legislative process Hansard

– Journals– Debates– Google « Hansard » – http://

www2.parl.gc.ca/housechamberbusiness/ChamberSittings.aspx?View=H&Language=E&Mode=1&Parl=40&Ses=3

Also included on the Chamber of Business Home Page Committees

– Also catalogued in our library (with INDEX)– Or on Department websites

Also included on the Chamber of Business Home Page Order and Notice papers House agenda (items which MAY be

considered by the House) Catalogued in our library (with

INDEX)

Looking up this material in print Everything is in our library AND

everything has an index

Control over lives

“When you do not give people the jobs they need, when you cut their unemployment insurance and when all they have left is welfare, you should at least have the decency to let them have a smoke with their feet up on the wood stove. Taking away their right to smoke would be the last straw.”

Debates

A problem with tobacco companies sponsoring cultural events– “I do not wish to come to the defence of tobacco companies. I do not

smoke, but sports and cultural events are very important to the cultural and economic life of Quebec.”

– “The health minister, in response to questions in and outside the House yesterday, repeated that his bill had only one objective: to improve the health of Canadians and Quebecers alike, particularly that of young people…He said that his bill had nothing to do with sport or culture, and that is why he could afford to ban tobacco advertising at these events.”

Ontario legislation

Ontario legislation

E-laws sitehttp://www.e-laws.gov.on.ca/navigation?file=home&lang=en

Ontario legislation

1st reading 2nd reading Committee Report from committee 3rd reading Royal Assent Coming into force

Ontario legislation

Note there is only one house in provincial parliaments!

Ontario legislation

Legislative Assembly of Ontariohttp://www.ontla.on.ca/web/home.do

Quebec legislation

Quebec portal– http://

www.gouv.qc.ca/portail/quebec/pgs/commun/gouv/loisreglements/?lang=en#educaloi

Quebec legislation

Publications du Québec http://www.publicationsduquebec.gouv.qc.ca/fre/categories/Catalogue

National Assembly of Quebechttp://www.assnat.qc.ca/en/index.html