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Difference between revisions of "How Do I Find the Laws That Concern My Legal Problem?"
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How Do I Find the Laws That Concern My Legal Problem? (view source)
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Legislation is the laws passed by governmental legislative bodies, such as the Legislative Assembly of BC. A legislative law is also referred to as an '''act''' or a '''statute'''. '''Regulations''' are rules or laws, made under the authority of a specific statute, and are also considered legislation. Regulations may include information about fees, procedures and forms. An example is the ''Hunting License Regulation'' under the ''BC Wildlife Act''. | Legislation is the laws passed by governmental legislative bodies, such as the Legislative Assembly of BC. A legislative law is also referred to as an '''act''' or a '''statute'''. '''Regulations''' are rules or laws, made under the authority of a specific statute, and are also considered legislation. Regulations may include information about fees, procedures and forms. An example is the ''Hunting License Regulation'' under the ''BC Wildlife Act''. | ||
==Searching for the | ==Searching for the law on a specific topic== | ||
As mentioned in the section, [[How_the_Law_Works_in_Canada#What_is_case_law.3F | What is Case Law]], we have a system of law in Canada (other than [http://www.justice.gouv.qc.ca/english/sujets/glossaire/code-civil-a.htm Quebec]) that is known as '''common law'''. This means that our law comes from both legislation, and decisions from the courts (case law). Because law comes from more than one source, it can be tricky to find the law that applies to a specific subject area. | As mentioned in the section, [[How_the_Law_Works_in_Canada#What_is_case_law.3F | What is Case Law]], we have a system of law in Canada (other than [http://www.justice.gouv.qc.ca/english/sujets/glossaire/code-civil-a.htm Quebec]) that is known as '''common law'''. This means that our law comes from both legislation, and decisions from the courts (case law). Because law comes from more than one source, it can be tricky to find the law that applies to a specific subject area. | ||
For example, someone may want to see the law about child support. This is complicated because a federal act, provincial act, and federal regulation all cover this topic. There are also many variables discussed in case law. This means it’s not possible to look at one law and know everything that applies to child support issues. And this is why when you’re looking for the law on a specific area, it’s best to look at a secondary source first because they will describe any relevant legislation as well as sources of further help. See the section in this guide [[Secondary Sources and How to Find Them]]. | For example, someone may want to see the law about child support. This is complicated because a federal act, provincial act, and federal regulation all cover this topic. There are also many variables discussed in case law. This means it’s not possible to look at one law and know everything that applies to child support issues. And this is why when you’re looking for the law on a specific area, it’s best to look at a secondary source first because they will describe any relevant legislation as well as sources of further help. See the section in this guide [[Secondary Sources and How to Find Them]]. | ||
==Searching for a | ==Searching for a known law== | ||
You will generally want to find the most up to date laws, which are available on the site [http://www.bclaws.ca/ BC Laws] for BC legislation, and [http://laws.justice.gc.ca/eng/ Justice Laws] for federal legislation. | You will generally want to find the most up to date laws, which are available on the site [http://www.bclaws.ca/ BC Laws] for BC legislation, and [http://laws.justice.gc.ca/eng/ Justice Laws] for federal legislation. | ||
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*Now you can look at the Act, some of the Regulations and past versions of the Act. | *Now you can look at the Act, some of the Regulations and past versions of the Act. | ||
==Finding a | ==Finding a law as it read on a certain date== | ||
You might need to see what the law was at a certain point in time. For example, if you need to see how the ''Strata Property Act'' looked in 2012 when you bought your condominium, you can go to the [https://www.canlii.org/en/index.html CanLII] site. When you search for the Strata Property Act, you will see it offers older versions of the Act as well. | You might need to see what the law was at a certain point in time. For example, if you need to see how the ''Strata Property Act'' looked in 2012 when you bought your condominium, you can go to the [https://www.canlii.org/en/index.html CanLII] site. When you search for the Strata Property Act, you will see it offers older versions of the Act as well. | ||