So far as I know, there are no practice directions on this subject in Manitoba (though the Court of Appeal does have a practice direction on the use
of neutral citations).
This does not include any restriction on the use
of neutral citations used by PacLII, whether or not developed by PacLII.
Following on from this (from 2002) came the use
of neutral citations where by each case was given a neutral citation to identify it.
For the view from Manitoba, here is a link to the Practice Direction from the Manitoba Court of Appeal regarding the use
of neutral citations in documents filed with the Court.
This explains the primacy
of the neutral citation as well, since essentially all cases with a neutral citation are available on CanLII — although this does not explain the disfavouring of the CanLII citation.
I'm all for the use
of the neutral citation, exclusively, when a neutral citation is available.
The use
of the neutral citation is one smarter way.
Importantly, it recognizes the supremacy and sufficiency
of the neutral citation, noting that «[a] dditional (parallel) citations are optional.»
The true revolution in citation practice was the development
of the neutral citation; this is where we find uniformity and clarity.
This compares very favourably with the Courts» average publication timelines, from the assignment
of a neutral citation to posting on the Court website, of one to two days.
Is it not misleading to students new to legal research who do not understand the limited utility and relative newness
of the neutral citation?
In the case
of the neutral citation, the argument has been persuasively made that the Guide was right to look to the future when it advocated the use
of the neutral citation well before its time.
This last one goes too far [alert: grumpy person now about to complain]: I am all for simplicity and am a huge fan
of neutral citation, but unless you advocate the removal of all periods (such as the end of sentences), it doesn't make sense to remove the periods after a person's initials — Professor Waddams is Stephen Michael as represented by his initials.
Also, although they do mention the McGill Guide, they refer to the 4th not the 6th edition, and there is no mention
of neutral citation at all.
Other useful guides are the Canadian Judicial Council's Practice Direction on the Use
of Neutral Citation for Case Law (2008) and Legal Research Materials: Legal Citation prepared by the William R. Lederman Law Library at Queen's University.
The recently released British Columbia Court of Appeal's practice directive on the Citation of Authorities (Civil & Criminal Practice Directive, 30 May 2013) is a strong statement in favor of the precedence
of the Neutral Citation standard for case law, which allows for a significant move towards the simplification of most citation practices..
Not exact matches
I would love to see your
citations in support
of this: «it is almost unanimous that it has been historically either highly beneficial or
neutral.
A Standardized Data / Markup Model to Support
Neutral Citation of Court Cases, Legislation, and Regulations includes references from 1995 up to and including mid-January 2014.
Or maybe CANLII needs to revisit whenever technology makes it possible to make a
neutral citation, «official» and final which
of course, nearly suggests PDF version to get around the pagination and even paragraph identifiers.
The problem with the
neutral «
citation» is that it could refer to any number
of published versions
of the decision or the original judgment itself.
The document accompanying the
neutral citation (i.e. the PDF or paper form
of the judgment) is usually subject to editorial revision before being published in the official reporter.
The
neutral citation is essentially the birth certificate
of the judgment and exists before anything is reported or made available online.
That being said, I think it is silly to require parallel
citations at all and would rather see courts require a static URL in addition to one
citation for a case,
neutral cite first, any other
citation second and in the form that the publisher
of that second
citation produced it in.
The
neutral citation serves the purpose
of bringing the whole system under one roof again because it is a creation
of the judicial system itself, like the docket number, etc..
CLEBC style is to use the
neutral citation in the text, but include all parallel cites in the table
of cases.
The
neutral citation probably was conceived with the idea
of bringing some order to the proliferating «
citation» systems in mind: OJ, QJ, SCJ, CarswellOnt, AZ, JE, Lexis, ad infinitum.
I completely disagree with arbitrarily changing a
citation to strip it
of periods so that it looks consistent with a
neutral citation.
Specifically it directs the reader to refer to the
Neutral Citation, then to print reporters that are increasingly available only in databases, and only last and seemingly least to the primary sources
of case law — the online services
of Lexis, Carswell, Azumet and Canlii.
For any case for which no
neutral citation is available, a print
citation provides a common point
of reference from which a user or automated software can determine which case is being referenced.
CanLII has created its own
citation system to address certain historical limitations
of the system, but CanLII cites follow the
neutral citation very closely.
in scanned PDF format, all freely available on AustLII, but also in developing a uniform and vendor -
neutral system
of legal
citation for them.
In March 2010, Ivan Mokanov
of the Université de Montréal, wrote on VoxPopuLII about
neutral citation practices in Canada.
He pointed out that «nearly three quarters
of citations to recent case law [in Canada] use the
neutral citation».
Print
citations, on the other hand, are publically accessible, work well in all
of the databases, and are database -
neutral such that they do not lock subsequent readers into using particular database or another.
The bulk
of the article is devoted to developing
neutral citation for state laws, but one detail attracted my attention.
In contrast to Canada, where
neutral citation has been widely adopted for caselaw, the practice is still not very widespread South
of the border:
For case law cited in the BC Court
of Appeal, or if you're dealing with federal laws, online is fine: the Court
of Appeal's Practice Directive on the
Citation of Authorities from 2013 accepts electronic sources with
neutral cites; and Justice Canada made online acts and regulations official in 2009.
She discusses the spread
of universal, or vendor -
neutral,
citation in the United States.
For a case law database, «comprehensive» means that within our continuous coverage (which is clearly stated) we have all the judgments which can be identified by one
of these four approaches: — The court website (when applicable); — The
neutral citation (some courts use a strict sequence
of numbers); — The
citations found in the Reflex set
of 33 report series; — The
citations found in CanLII documents.
I think
of law's parallel cites to judgments: wouldn't it be handy to have the
neutral citation, e.g., point somehow to all
of the reports, online and off; and so forth.
I'm compiling a list
of Supreme Court decisions and one
of the data I'm collecting for each is the
neutral citation.
And one
of the big issues had to do with the vendor -
neutral citation.
The same is true
of case
citations, I feel, I agree there should be a generic
neutral case name and
citation, and a unique numeric identifier, so that case can be found easily.
Adopted by all courts and many tribunals, the
neutral citation allows for the unique identification
of a decision, as soon as it is released and regardless
of the specific database or report in which it is published.
There are two
neutral citation sources for first instance family judgments below the Supreme Court and Court
of Appeal (each
of which report their own family cases): judgements
of Family Division judges (EWHC (Fam)-RRB- and
of other family court cases (EWFC).
And though I wouldn't argue for the effort
of devising a fuzzy logic search for misspelled names, I would like to see CanLII amend its
citation recognition algorithm to bring in the obvious (wrongful) variations on the
neutral citation scheme and the commercial publisher
citations as well.
The best part
of this guide is that it includes a jurisdiction table that shows dates when
neutral citation was implemented.
It seems to me that CanLII ought to be able to entail good alternative
citations into its count
of cases that cite X, including Quicklaw
citations; and I suspect that with a bit
of work it should be able to catch the messed up
neutral citations, perhaps by running a double - check against the case names.
however, in the grand scheme
of things, court decisions which do not include a
neutral citation will tend to become less available and thus less cited.
Is it just that particular format
of citation, for example (the
neutral citation)?