This is covered in section 6.1.2 of the COAL Guide.
CITATION ELEMENTS: Case name, | CanLII citation, | parallel citation | pinpoint [if required] | (database used) [only in specified circumstances] | (jurisdiction and level of court)| [short form if required].
EXAMPLE: Dickson v Royal Bank of Canada, 1975 CanLII 148, [1976] 2 SCR 834 (SCC).
Let's examine each part of the citation for a case with a CanLII citation to understand how it is constructed:
The considerations are identical to a case with a neutral citation.
example: Dickson v Royal Bank of Canada
Use the CanLII citation in cases where the issuing court has not assigned a neutral citation. If you do not know what a CanLII citation looks like, see our explanation.
example: Dickson v Royal Bank of Canada, 1975 CanLII 148
Include a pinpoint if you are citing to a particular passage in the judgment. Use the page or paragraph numbers assigned by CanLII so long as they are displayed in HTML form on the web browser.
example: Dickson v Royal Bank of Canada, 1975 CanLII 148 at p 836.
Since the CanLII version of this case indicates page numbers, we use the page number (836) as the pinpoint citation. Page is abbreviated to "p" and paragraph to "para".
If no neutral citation is available and a CanLII citation is available, then both a CanLII citation and a parallel citation are required. Any parallel citation is acceptable, but preference should be given to the official reporters, and case summaries and paywalled database citations should be avoided. For more information and examples, see section 6.4.
example: Dickson v Royal Bank of Canada, 1975 CanLII 148, [1976] 2 SCR 834
The parallel citation is to the Canada Supreme Court Reports (SCR), which is an official reporter, according to Section 6.4 of the COAL Guide.
Note: If you choose to pinpoint to your parallel citation rather than the CanLII version, the pinpoint will follow the parallel citation. Pinpointing to the parallel citation will also affect whether you need to include database information (please see #5, below).
When you pinpoint to a case, it becomes necessary to alert your reader to which version you are referring, as pages/paragraphs can vary between databases. Here are the rules that flow from this requirement:
DO NOT INCLUDE the database used in the following circumstances:
example: Dickson v Royal Bank of Canada, 1975 CanLII 148, [1976] 2 SCR 834
example: Dickson v Royal Bank of Canada, 1975 CanLII 148 at p 839, [1976] 2 SCR 834
Here, the placement of your pinpoint make it clear you are citing to the version you retrieved on CanLII.
DO INCLUDE the database used in the following circumstances:
example: Dickson v Royal Bank of Canada, 1975 CanLII 148, [1976] 2 SCR 834 (CanLII).
example: Dickson v Royal Bank of Canada, 1975 CanLII 148, [1976] 2 SCR 834 at p 836 (Lexis).
Here, you are pinpointing to the SCR version you consulted on Leixs, rather than the version on CanLII.
A case citation should always indicate both the jurisdiction and court level. Neutral citations take care of this requirement, but for any cases that don't have a neutral citation, you will need to include this information in parentheses at the end of the citation.
Use the abbreviations from CanLII's Primary Law Databases page to determine the abbreviations for jurisdiction and court (under "Code").
example: Dickson v Royal Bank of Canada, 1975 CanLII 148, [1976] 2 SCR 834 (SCC).
When citing a case (or similar) more than once in a document, add a shortened case name in square brackets at the end of the citation the first time the case is cited. In subsequent citations of this case, only the shortened case name (and pinpoint, if applicable) is needed.
To create a shortened case name, typically use the name of the first party, or, if the first party is the Crown, use the name of the party that is not the Crown. See 6.11 of the COAL Guide for more information.
example: Dickson v Royal Bank of Canada, 1975 CanLII 148, [1976] 2 SCR 834 (SCC) [Dickson].