1. CANADIAN JURISPRUDENCE

1.1 Introduction

Whereas Parliament votes on laws, the courts interpret these laws during proceedings and make decisions which then form jurisprudence - the body of case law on a topic.

A judicial decision is always rendered by a judicial or administrative court and is always documented although not necessarily published. A decision that is published in a reporter is described as a reported decision whereas an unreported decision will not appear in a printed format in a reporter. However, unreported decisions are often available in online research services like Quicklaw or WestlaweCarswell. 

The criteria in deciding whether a judicial decision should be published can vary from publisher to publisher. Some considerations include whether:

·A new principle of Law is identified

·An old principle of Law  is applied to new circumstances

·An old principle of Law that is reconfirmed

·A published decision is reversed or criticized

·A contradictory decision is rendered

·A decision interprets a law

·Current legal provisions are criticized

·Legal provisions are examined and presented

·There are special points of  interest for the members of the profession

·It is a legal question of public interest

A short glossary of terms :

judgment: The official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination. In a more strict sense, the term can refer to a decision from a court of first instance.

opinion: An evaluation or judgment based on special knowledge and given by an expert.

adjudication: The final and binding decision of an arbitrator or arbitration tribunal.

style of cause : (or title of proceedings) identifies the parties to the dispute. The names of the parties are always italicized. The name of the Appellant appears first and the name of the Defendant appears second, separated by v. (in English) and c. (in French).

                  See CGULC, 6th ed., p.E-56.

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