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Canadian Legal Research Manual

This reference work was created by the Lederman Law Library to support Queen’s students learning legal research skills.

Legislation Research Stage

In any legal research task, it is crucial to determine if legislation governs the issue you are researching.

The most effective way to determine if statutes, regulations, or other legislation (e.g. bylaws) apply to your question is in the Exploratory Research Stage, where introductory sources and/or the person assigning your task are likely to point you towards relevant statutory authority. 

In this Stage, for each legislative provision you have identified:

  1. Locate and Read the Provision
  2. Update the Provision
  3. Note Up (Judicial Consideration)

1. Locate and Read the Provision

Once you have a citation for the relevant legislation, you should locate and read carefully the relevant statutes and/or regulations using official government sources.

►See Researching Statutes and Researching Regulations for more detail.

2. Update the Provision

Even once you have identified and located relevant legislation, you cannot rely on what it looks like at any given moment.

This is because legislation can be amended at any time—for example, a bill could be enacted that will amend, repeal, or add to your target provision. Once an amending act is passed and comes into force, there may still be a delay between when these changes appear in the official online version of an act. 

Every provision you use in your research must therefore be "updated"—you need to check for amendments that have been enacted and come into force in your jurisdiction. Depending on your research, you may only be interested in amending legislation that is in force (e.g. as of the date of your client's legal issue), or you may also be interested in upcoming amendments.

►See Researching Statutes and Researching Regulations for how to update legislation. 

3. Note Up (Judicial Consideration)

The final stage in legislative research is to note up your target provision, which is also known as looking for judicial consideration. Are there cases that have considered, applied, or interpreted this section? Have the courts commented on its constitutionality?

►See Noting Up Legislation for more information on finding judicial consideration. 

If there is applicable legislation for your research question, noting up will often be a good entry point into the Case Law Research Stage

Legal Research Stages

The legislation stage includes the following steps: locate and read the provision, update the provision, and note up (judicial consideration).

The 6 stages are depicted in order: topic definition feeds into exploratory research, which then leads into the three concurrent stages of in-depth secondary sources, legislation, and case law research. The last stage is to finalize research.