Canadian legal decisions in APA citation style

INFORMATION LITERACY SKILLS DEVELOPMENT CANADIAN LEGAL CITATIONS IN APA

Updated January 2015 | Instructional and Research Librarian | 1

1 LEGAL MATERIALS: SPECIAL GUIDELINES AND EXAMPLES

The Publication Manual of the American Psychological Association (6th ed., 2010) provides information for citing American law and government documents only. This handout provides guidelines for the types of Canadian legal materials that students might consult: court decisions, statutes, and other legislations. Because Canadian legal documents have no author, provide the first few words of the reference list entry and the date in the in-text citation.

COTR students are encouraged to consult with their instructors for any preferences or requirements that may vary from the guidelines in this handout.

The following examples integrate guidelines for both APA documentation style and Canadian legal citations.

2 COURT DECISIONS | COURT CASES

Citing judges' decisions from court cases. Note that juries do not write reasons for their decisions and that judges at the provincial level do not write up and publish all of their decisions.

R. v. Bernardo, 31 C.R. (5th) 368, 130 O.A.C. 388 (Ont. Ct. App. 2000). Retrieved from CanLII database.

1st citation 2nd citation

Explanation: This opinion was rendered by the Ontario Court of Appeals in 2000 and can be found in volume 31 of Criminal Reports (5th ed.), starting on page 368. This court decision can also be found in volume 130 of Ontario Appeal Cases, beginning on page 388. When more than one citation is given for a court decision, provide at least the first two in your reference entry and separate the citations with a comma.

In the body of the paper, cite the name of the case in italics and the year of the court decision. There is no need to cite a page number, even with direct quotes, unless the instructor requests this option. Please consult with your instructor.

Corresponding in-text citations

“At trial, the accused’s spouse testified that she was suffering from battered woman syndrome” (R. v. Bernardo, 2000).

OR

In the case of R. v. Bernardo (2000), the accused’s spouse defended her actions, citing battered woman syndrome.



2.1 CIVIL, SUPREME COURT OF CANADA

Reference List Entry In-text Citation

CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13, McLachlin CJC.

(CCH Canadian Ltd v Law Society of Upper Canada, 2004, at paras 52-60 [CCH])

See p. 217 of the APA guide.

2.2 CRIMINAL, PROVINCIAL COURT Reference List Entry In-text Citation

CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13, McLachlin CJC.

(CCH Canadian Ltd v Law Society of Upper Canada, 2004, at paras 52-60 [CCH])


2.3 UK PRIVY COUNCIL (COURT OF FINAL APPEAL FOR CANADA UNTIL APRX. MID-20TH CENTURY),

RETRIEVED FROM BAILII Reference List Entry In-text Citation

Henrietta Muir Edwards and others (Appeal No. 121 of 1928) v The Attorney General of Canada (Canada) [1929] UKPC 86 (BAILII).

Henrietta Muir Edwards and others v The Attorney General of Canada, 1929 [Edwards])




3 STATUTE IN A FEDERAL CODE

In the body of the paper, cite the Act to which you are referring and the year. Cite a page number only if your instructor requests it. Please consult with your instructor.

Corresponding in-text citation (Youth Criminal Justice Act)

Section 29 of the Youth Criminal Justice Act (2006) stipulated that “a youth justice court judge or a justice shall not detain a young person in custody prior to being sentenced as a substitute for appropriate child protection, [or] mental health or other social measures” (p. YC/17).

Corresponding in-text citation (Canadian Charter of Rights and Freedoms)

“Everyone has the right to be secure against unreasonable search or seizure” (Canadian Charter of Rights and Freedoms, 1982).

Corresponding Reference list entry

Canadian Charter of Rights and Freedoms. (1982). Retrieved from the Government of Canada,

Department of Justice Canada website: http://laws.justice.gc.ca/en/charter

/const_en.html#charte

Because the Charter was accessed at the large and complex Government of Canada website, note that the host organization and the relevant department are identified before the URL.



4 SAMPLE REFERENCE LIST

References

Canada. Department of Indian Affairs and Northern Development. (2003). Basic departmental data.

Ottawa: Author.

Canada. Department of Indian and Northern Affairs. (1986, 18 December). Federal

comprehensive land claims policy announced. Ottawa: Author.

Canada. Parliament. “Part I of Report of the Department of Indian Affairs.” In Sessional papers,

1893, Vol. 9, Paper no. 14. pp. 1-402. Ottawa: Author.

Canada. Royal Commission on Aboriginal Peoples. (1996). Renewal: A twenty-year commitment (Vol.5).

Ottawa: Canada Communications Group.

Daigle, P. (2012). Fortitude under fatigue: Assessing the delivery of care for operational stress

injuries that Canadian forces members need and deserve. Retrieved from National

Defence and Canadian Forces Ombudsman website: http://www.ombudsman.forces.gc.ca

/assets/OMBUDSMAN_Internet/docs/en/fortitude.pdf

Divorce Act, R.S.C. 1985, c. 3 (2nd Supp), (retrieved June 24, 2014 from CANLII).

Hughes, T. (2014a). The legacy of Phoenix Sinclair: Achieving the best for all our children,

Vol.1. Retrieved from Commission of Inquiry into the Circumstances Surrounding the

Death of Phoenix Sinclair website: http://www.phoenixsinclairinquiry.ca/rulings

/ps_volume1.pdf

Hughes, T. (2014b). The legacy of Phoenix Sinclair: Achieving the best for all our children,

Vol.2. Retrieved from Commission of Inquiry into the Circumstances Surrounding the

Death of Phoenix Sinclair website: http://www.phoenixsinclairinquiry.ca/rulings

/ps_volume2.pdf

Spalding, A. National Museum of Man, National Museums of Canada. (1979). Eight Inuit myths: Inuit

unipkaaqtuat pingasuniarvinilit. Ottawa: Canadian Ethnology Service.

Canadian legal decisions in APA citation style

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