Readers not familiar with legal research would have a fairly good chance of finding the case (or CanLII) through Googling and sophisticated researchers will know that they can
use the neutral citation to find the case in multiple locations.
Getting everyone to
use the neutral citation for a case will surely be a process that gets slower and slower the closer it gets to perfection.
There is no reason not to
use a neutral citation to cite a case when such citation is available.
He pointed out that «nearly three quarters of citations to recent case law [in Canada]
use the neutral citation».
All these sources have excellent search engines, and it is an easy matter to
use the neutral citation as a search term and thereby find the case.
CLEBC style is to
use the neutral citation in the text, but include all parallel cites in the table of cases.
However, I agree that
using the neutral citation (when available) generally solves this problem.
It would be a positive development if we were all moving towards
using the neutral citation as the default citation.
You are right Gary, that's why citation exists, but the best way to achieve that is by
using the neutral citation and I guess that is why the McGill Guide's authors prominently recommend it.
Anybody can see the point: the author
uses the neutral citation instead or in addition to a proprietary citation, anybody will find the cited case in her favorite database (commercial or not) or in a printed report series.
To make Supreme Court of Canada judgments easier to reference, on January 1, 2000, the Court started
using the neutral citation standard on its judgments.
Not exact matches
If a decision has a
neutral citation, it must be
used.
I'm all for the
use of the
neutral citation, exclusively, when a
neutral citation is available.
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.
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.
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.
The
use of the
neutral citation is one smarter way.
I have spent the last few years trying to train students to
use the McGill guide and now this practice direction seems to have ignored the movement towards
neutral citations for all decisions.
I welcome this development as well, but share some of many of your concerns: only the
neutral citation is necessary for CanLII cases, lawyers should be encouraged to
use CanLII versions of cases, and it's unnecessary to add the date a decision was accessed to an electronic database
citation.
Is there any comprehensive list of Canadian courts abbreviations
used in
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.
Courts have been tremendously supportive of open access by adopting the
neutral citation, by
using reproduction - friendly templates and by adopting favourable dissemination policies.
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.
My real point, which I may not have expressed clearly, is that
neutral citations represent less than 5 % of
citations seen or
used by legal researchers.
Following on from this (from 2002) came the
use of
neutral citations where by each case was given a
neutral citation to identify it.
This does not include any restriction on the
use of
neutral citations used by PacLII, whether or not developed by PacLII.
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 is why we are advocating that the
neutral citation be always
used when citing a decision.
Prior to 2010, the Reflex database was updated manually based on reporter
citations for cases published in several commonly -
used case reporters, as well as
neutral citations.