hint: Check the WestlaweCarswell Directory to find relevant databases to search:
Figure 1: Default search page - WestlaweCarswell
The Find a Document Page
On the Find a Document page, you can click Publications List in the left frame to view a complete list of publications and abbreviations that can be used with Find.
The same publication abbreviations used in one country may also be used in other countries. To specify the jurisdiction from which you want to retrieve documents, select a country from the Publication Country drop-down list.
Click Find Tips in the left frame of the Find a Document page for additional information on Find.
In the right-hand frame, you can find a document by name or title. Enter full or partial names or titles, choose the jurisdiction in the drop-down menu, then click 'Go'.
Connectors
In WestlaweCarswell, Boolean operators are represented by these symbols: & = AND; space = OR; % = But not. The truncation symbol in WL is called the 'root expander' and is symbolized by the exclamation mark (!).
Try using the other symbols called proximity connectors to expand your search. For example, if you want to find terms within a few words of each other, use the /n where 'n' represents a number Or use the /s connector if you want to find terms within the same sentence or /p to find words in the same paragraph.
Examples:
personal /3 jurisdiction will find:
“her voluntary submission to the authority of the court has founded jurisdiction in a personal action in that court”
child /s custody will find:
“Stretching the boundaries in child access, custody and guardianship in Canada.”
hearsay /p utterance will find:
"Perhaps to give this doctrine a more modern and shiny patina, senior counsel for the pursuer preferred to refer to such statements as "excited utterances" and pointed out that in many other jurisdictions hearsay evidence of such spontaneous utterances is admissible.”
[Note: WL automatically retrieves plurals when you enter the singular form of a term. You can turn off plurals of a particular term by placing the # symbol in front of the term. To retrieve damage but not damages, type #damage.]
You can also combine several connectors and expanders, like in this example:
willful! /s misconduct /s disqualif! /s "unemployment compensation" will find:
“The court also found that the employee's refusal to enter the rehabilitation program was a willful violation of his agreement with his employer, constituting the kind of misconduct that disqualified an employee from receiving unemployment compensation.”
Noting Up Cases using KeyCiteCanada
KeyCiteCanada provides the following information:
- Direct appellate history of a case.
- Positive and negative citing references of a case.
- Citing references to cases and secondary sources on WestlaweCARSWELL that have cited a case.
- Citing references to cases that have cited a federal, provincial or international statute, or a Supreme
- Court of Canada, Federal Court, territorial or provincial rule.
- A status flag or other icon will appear on a decision, when applicable, to advise that history or other
citing references are available for that case.
· A status flag or other icon will appear on a section of legislation, when applicable, to advise that citing references are available for that section.
KeyCiteCanada for cases includes the full history of all Canadian reported cases back to 1867, plus
judicial treatments of Canadian and foreign cases discussed in Canadian decisions that fall within the
following coverage:
a) Selective coverage or reported cases prior to 1977
b) Comprehensive coverage of reported cases since 1977
c) Comprehensive coverage of unreported cases since 1986
Citing references to cases found in secondary sources are also available on WestlaweCARSWELL.
KeyCiteCanada for legislation includes judicial treatment of Canadian and foreign statutes in Canadian
decisions that fall within the following coverage:
a) Selective coverage or reported cases prior to 1977
b) Comprehensive coverage of reported cases since 1977
c) Comprehensive coverage of unreported cases since 1986
KeyCiteCanada also includes judicial consideration of the Rules of Court of the Supreme Court of
Canada, the Federal Court, the territories, and each province with the exception of Quebec.
KeyCiteCanada status flags and other icons advise that history or other citing references are available for your document.
A red flag warns that a case may not be good law, indicating that the decision has been reversed, or has not been followed within the same jurisdiction or by the Supreme Court of Canada.
A yellow flag warns that a decision has some negative history or treatment, but has not been reversed or overruled. A yellow flag is also displayed if a treatment has been recently added, and has not yet been editorially analyzed.
A blue H indicates that the decision has some direct history but it is not known to be negative history.
For cases, a green C indicates that the decision has no direct history, but there are treating cases or other citing references to the decision. A green C for a statutory provision indicates there are cases or other citing references to this provision.
Accessing KeyCiteCanada
There are several ways to access KeyCiteCanada:
· At the top of any page, click the KEYCITECANADA link to display the KeyCiteCanada page.
· On the Home page, in the Find/KeyCite a Document section, click the KeyCite radio button. Type
a citation in Citation box and click Go.
· In the document header of a displayed case, or section of legislation, or in a citation list, click the KeyCiteCanada status flag, if available, or click Related Info tab in the left frame to access KeyCiteCanada links.
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Next to 1.5.2: Using LexisNexis Quicklaw
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