Nova Scotians are subject to laws set out in legislation and in case law. Legislation is found in published collections of federal or provincial statutes or acts, or of local by-laws. Case law is contained in law reports, in print or electronic format.
Here are some sources and resources for finding and consulting laws and case law, and to get you started in your legal research.
Research guides
The Canadian Legal Research and Writing Guide offers an approach to the process of legal research and tips to conducting legal research, finding and using secondary sources, finding and analyzing court cases, lists of sources and resources for finding different kinds of legal information, and guidance on writing about and citing your legal research.
Legal Research Principles and CanLII Navigation for Self-Represented Litigants. Developed by the National Self-Represented Litigants Project, this "CanLII Primer" helps people who are representing themselves use CanLII as a free legal research resource. CanLII offers free access to case law (court decisions), as well as case law commentary.
pdf Reading and Understanding Case Reports: A Guide for Self-Represented Litigants (1.53 MB) . Developed by the National Self-Represented Litigants Project, the goal of the Reading and Understanding Case Reports Guide is to give self-represented litigants the tools they need to understand and make good use of reported court decisions (case law or "case reports") when doing legal research and preparing to present their own case in court.
Go to representingyourselfcanada.com for information about the National Self-Represented Litigants Project, including more resources for people who are representing themselves in court.
Basic Legal Research Fact Sheet , provided by the Dalhousie University's Sir James Dunn Law Library, is a clear, step-by-step flowchart for doing legal research. A great starting point.
Legislature
Federal
The Government of Canada’s Justice Laws website provides the full text of federal acts and statutes. These online versions of the acts and statutes are official.
The Canada Gazette publishes regulations made under federal acts or statutes.
LegisINFO provides information on the status of bills before Parliament.
Nova Scotia
The Legislation section of the Nova Scotia legislature website provides access to Nova Scotia acts and statutes.
The Royal Gazette publishes regulations made under acts or statutes of Nova Scotia.
The Nova Scotia Registry of Regulations provides a Consolidated regulations database of all regulations made under Nova Scotian acts and statutes.
The Bills section on the Nova Scotia Legislature website provides information on the status of the bills before the Nova Scotia Legislature.
The Proclamation page on the Nova Scotia Legislature website lists the acts and statutes of Nova Scotia and amendments to these, along with the date on which they came into force (proclamation).
Municipal
You can find information on your municipality’s by-laws by consulting your local municipality’s website (see the Interactive map on the Municipal Affairs page of the Province of Nova Scotia website to find your local municipality).
Case Law (Court decisions)
The Canadian Legal Information Institute (CanLII) provides case law by province and at the federal level. CanLII also provides unofficial versions of Canadian and provincial legislation and commentaries on legal topics.
pdf Reading and Understanding Case Reports: A Guide for Self-Represented Litigants (1.53 MB) . Developed by the National Self-Represented Litigants Project, the goal of the Reading and Understanding Case Reports Guide is to give self-represented litigants the tools they need to understand and make good use of reported court decisions (case law or "case reports") when doing legal research and preparing to present their own case in court.
The following websites provide past decisions of their respective courts.
- Supreme Court of Canada
- Federal Court of Canada
- Federal Court of Appeal
- Tax Court of Canada
- Federal Court Reports on the Office of the Commissioner for Federal Judicial Affairs website.
- The Courts of Nova Scotia
Charter of Rights
Charterpedia, produced by Canada's Department of Justice, is a good place to start for legal information about the Charter and information about the purpose of each section of the Charter, including relevant case law.
Government information and service
The Parliament of Canada website provides information on the House of Commons and the Senate, the bills and legislature before the government, and information on the parliamentary system in Canada.
Canada’s Department of Justice website provides information on federal services and initiatives regarding various legal issues.
Nova Scotia’s Department of Justice website provides information on services and initiatives from the province of Nova Scotia regarding various legal issues.
Court rules (Nova Scotia)
Each court has its own set of rules and forms used in that court. Go to courts.ns.ca or contact the court you are dealing with for information about court rules and forms.
- Supreme Court of Nova Scotia and NS Court of Appeal: The Nova Scotia Civil Procedure Rules are procedural rules and forms made by judges, outlining the practical processes and paperwork for going to the Supreme Court of Nova Scotia (including the Supreme Court-Family Division) and the Nova Scotia Court of Appeal. The Civil Procedure Rules on the Courts of Nova Scotia website are searchable and include interactive online versions of court forms so that they can be filled out on a computer.
- Provincial Court Rules & forms - criminal court rules
- Family Court Rules & forms - Family Court deals with all family law issues except divorce and dividing up property
- Small Claims Court Forms & Procedures Regulations
Libraries
These libraries hold a wide variety of collections and resources on legal topics.
- Nova Scotia Barristers’ Society Library Services
- Nova Scotia Legislative Library.
- Sir James Dunn law library at Dalhousie University’s Schulich School of Law.
- Your local public library. Visit the Nova Scotia Provincial Library website to find the public library near you.
How Law is Made
Law in Canada and in Nova Scotia
Nova Scotians are subject to laws set out in legislation and case law. Legislation is made by legislatures (elected legislative bodies). When a case comes to court, a judge interprets what the law means and how it applies, and these court decisions are called "case law".
Indigenous Laws and Traditions
Colonialism disrupted the transmission of Indigenous laws and traditions in Canada. It is the goal of Indigenous Nations, such as the Mi’kmaq Nation in Nova Scotia, to rejuvenate these legal principles and values once again through sharing and the passing along of the language and traditional knowledge, such as decision-making processes and teachings, held by the Matriarchs and Elders of the Nations. The resurgence of Indigenous laws has already begun in Canada and will continue to flourish as Indigenous persons and Nations begin to heal and thrive by focusing on self-empowerment and rejuvenation of their language, culture and traditional teachings, values and laws. Twelve of the thirteen Mi’kmaq Bands in Nova Scotia are self-governing in the area of education, which means they can pass their own education laws (and policies), without approval from the Federal or Provincial Governments. They have created a self-governing authority and hired staff to work collectively on their collective education governance matters: https://www.kinu.ca
On October 1, 2008, the thirteen First Nation Chiefs signed a Mi’kmaq Nationhood Proclamation representing a commitment from the Mi’kmaq of Nova Scotia to develop a system of governance to enhance the quality of life for the Mi’kmaq.
Legislation
There are several types of legislation in Nova Scotia:
- First Nation legislation: Laws passed by First Nation Governments/Bands located on federal Indian reserves in Nova Scotia, about matters relating to "Indians", "Indian" Bands and "Indian" reserve lands in Canada. Examples include:
- local governance laws,
- matrimonial real property laws. The Confederacy of Mainland Mi'kmaq has information about matrimonial real property laws for the following communities: Bear River First Nation, Millbrook First Nation, Paqtnkek Mi’kmaw Nation, Pictou Landing First Nation and Sipekne’katik,
- Indian Act Band by-laws (must be approved by Indigenous Services Canada before they can be enforced). A First Nation or band by-law is a local law that is passed by a First Nation Government/Band to regulate affairs within its community. These by-laws apply to everyone on the reserve, regardless of whether they are a band member or whether they actually live on the reserve.
- Statutes of Canada, which are laws passed by the Canadian Parliament;
- Statutes of Nova Scotia, which are laws passed by the Nova Scotia Legislature;
- By-laws, which are laws passed by municipalities that have law-making powers given to them by the provincial law. By-laws deal with local issues such a parking and zoning.
Acts or Statutes usually include a section appointing a person or body to make regulations in relation to that law. Regulations provide details about how the Act is applied. They are part of the law and have as much force as the Act itself. For example, Nova Scotia’s Consumer Protection Act has regulations outlining specific rules about gift cards, payday lenders and online shopping contracts.
When a regulation is passed, it must be filed and published. At the federal level, the regulation is filed with the Clerk of the Privy Council and is published in the Canada Gazette. Exceptions to this rule are listed in Part II – Consolidated Index of the Canada Gazette. At the provincial level, regulations must be filed with the Registrar of Regulations. In Nova Scotia, regulations are published in the Royal Gazette, Part II.
Case law
Case law is also known as common law, judge-made law or case reporting. It mainly comprises all previous decisions and judgments made by all levels of court across Canada. For example, the Canadian Charter of Rights and Freedoms says that an accused is entitled to a trial within a reasonable time. Judges have interpreted what a “reasonable time” means - the Supreme Court of Canada did so in a 2016 case called R v. Jordan. As the Supreme Court of Canada is the highest court in Canada, the legal principles set out in the Jordan decision are law and now govern how that Charter right is to be interpreted and applied.
The development of case law is an ongoing process.
In Canada, with the exception of Quebec and Indigenous laws and traditions, many laws have their origin in English common law. William the Conqueror developed common law in England after the Norman conquest in 1066. At the time, there were few written laws in England, and William sought to establish a uniform system of law. The King’s court travelled around England and selected the best local customs, common traditions accepted as binding on all members of the community. These customs were made law, and this new legal system became known as the common law.
Eventually the common law evolved into a formal system based on the rule of precedent. The rule of precedent is the custom of judges standing by previous judges’ decisions. It is also known as stare decisis (which means to stand by things decided). When making a decision, judges refer to the principles and decisions made by judges in previous cases. These are called “precedents”. Precedents are examples of how laws or by-laws have been interpreted and applied.
The authority or importance of a particular precedent depends on the level of court and the jurisdiction in which the original decision was made. A precedent-making decision can only be changed by a court higher than the court which made the original decision. The higher the court, the more weight will be given to its decisions. However, courts are not bound by the decision of the following courts:
- Other courts lower than the supreme court of a province;
- Courts outside the jurisdiction or province (the exception is Supreme Court of Canada decisions);
- Courts of equal jurisdiction (for example, a judge of the Nova Scotia Court of Appeal will not be bound by a previous decision of a judge sitting on the same court - but may be persuaded by it).
In all cases, the court’s decision can still be persuasive, even if it does not follow the precedent.
A judge may also consider decisions from other countries, in particular, other common law jurisdictions such as Britain and the United States. Different decisions on the same subject matter may conflict. In reaching a decision, a judge may have to choose which previous decision or principle to follow. In doing so, the judge may either overrule one of the decisions as being bad law or may distinguish one of the cases based on the case facts.
Case law is contained in law reports, in print or electronic format.
The Constitution and Charter of Rights
A constitution is a document that sets out a country's system of government and the civil rights of its residents and citizens. In Canada, the Constitution Act was proclaimed on April 17, 1982. This Act consolidated the British North America Act of 1867 and 30 other constitutional Acts, and forms the core of the Canadian Constitution. The Constitution can be altered, but it is a long and complicated procedure.
The Constitution Act contains the Charter of Rights and Freedoms, which sets out the rights and freedoms to be enjoyed by all Canadian citizens, and extends some of these rights and freedoms to all Canadian residents. These rights and freedoms are not absolute or limitless. As indicated in Section 1 of the Charter, they are subject to reasonable limits laid down by law which can be shown to be justified in a free and democratic society. The courts must decide what amounts to “reasonable limits”. They must strike a balance between individual rights and the needs of society.
Charter rights only apply to federal, provincial and municipal government actions; they do not apply to the actions of private individuals, such as a dispute between neighbours, or between a homeowner and a contractor. The Charter also protects Canadians from the actions of agencies regulated and/or funded by government, such as the Royal Canadian Mounted Police (RCMP).
The federal Parliament, provincial legislatures and municipal governments have the power to declare, within clearly defined limits, that a piece of legislation is not subject to some provisions of the Charter. This power is rarely used.
The Charter is a reminder to all governments and legislators that their powers are limited and must be exercised with respect for the rights of individual citizens. The courts must see that legislation or government actions do not violate the rights and freedoms set out in the Charter. The courts also play an important role in deciding the provisions of the Charter, for example by interpreting what the rights and freedoms in the Charter mean, what they cover, and how far they extend.
Legal authority, or Jurisdiction, is set out in Sections 91 and 92 of the Constitution Act, and list areas in which only the federal or the provincial government may make laws. For example, under section 91 (27), only the federal Parliament may make criminal laws and set the criminal procedure for the courts. Or, section 92 (14) says that only a province may make laws for the purpose of administering courts in that province.
In general, the federal government has the power to make laws for the peace, order and good government of Canada, and laws regulating trade and commerce. Provinces have the authority to make law with respect to property and civil rights within their province, in matters of a local or private nature.
Some of the powers set out in sections 91 and 92 are narrowly defined. For example, section 91 (9) makes it clear that the federal Parliament may make legislation about Sable Island off the east coast of Nova Scotia. However, most of the powers referred to in sections 91 and 92 are so broad that courts have been asked many times to decide whether the federal or provincial government has jurisdiction over a particular area.
The publication How Canadians govern themselves, written by former Senator Eugene Forsey, provides more information on the Constitution and our system of government.
Policy
Policy is a set of rules or procedures that guide how decisions should be made with regards to public affairs. Policy is not law. If a policy is contrary to the statute or regulations, it can be challenged.
For example, the work of income assistant caseworkers is governed by Nova Scotia’s Employment Support and Income Assistance Act. The Employment Support and Income Assistance Policy Manual details practical procedures caseworkers use in carrying out their work.
Government policies are often available to the public, either online or in paper format at government offices. If a policy is not already available, you can make an access to information request, at the federal or provincial level, depending on the policy. Requests to federal departments are made under the Access to Information Act. Requests to Nova Scotia’s provincial departments are made under the Freedom of Information and Protection of Privacy (FOIPOP) Act.
Is it a reliable online legal resource?
When you do legal research, you want to be sure the information you get comes from reliable and trustworthy sources. You want to be sure the information is accurate and up to date. Here are some things to consider when it comes to the reliability of online sources and searching for legal information
- Is the site Canadian and is the legal information relevant to your needs? For example, is it information on Canadian law or Nova Scotia law? Remember laws differ from country to country and often differ from province to province.
- Who is providing the material? Who owns the website? Is it a government department or institutional website such as a court, university, library or hospital? Is it produced by a reputable nonprofit? Is the website trying to sell you information or services?
- Does the site give the date when the information was last updated? Does the site provide a mailing address, phone number, and e-mail address?
- Does the site look professional? For example, are there lots of spelling mistakes? Are there broken links?
- Are you linking to the site from a site that you trust? Did you learn about the site from someone you trust?
- Does the site have a clear privacy policy?
Last updated: September 2017