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  • Asked & Answered: When did sessional statute volumes start including tables of legislative changes?

    by Megan Smiley | Jan 26, 2017
    Asked & Answered is a collection of answers to tricky legal research questions, written by Courthouse Libraries staff. Search Asked & Answered here.

    WHEN DID SESSIONAL STATUTE VOLUMES START INCLUDING TABLES OF LEGISLATIVE CHANGES?
     

    FEDERAL

    Tables of legislative changes have been included in the Acts of the Parliament of Canada in one form or another since 1899. However, the way the information was organized and represented changed over the years until 1918 when the first Table of Public Statutes as we currently know it was published.

    1899 – 1914

    The first table of statutory amendments was included in the 1899 sessional volume under the name Table of Changes. This table shows amendments made that year to all public acts and all acts from the Revised Statutes of Canada, 1886. Subsequent tables follow this convention up to and including the 1914 sessional volume.

    1914/1915 – 1917

    The 1914/1915, 1916 and 1917 sessional volumes show amendments in two separate tables. The Table of Acts shows amendments to acts contained in the Revised Statutes of Canada, 1906 and the Table of Public Statutes shows amendments to all other public acts made between 1907 and 1917.

    1918 – Present

    The 1918 sessional volume was the first time that amendments to all public acts from revision years and annual volumes were reflected in a single table under the name Table of Public Statutes. The table shows amendments to RSC 1906 and all other public acts made between 1907 and 1918. From that point on, the format and content of the table is consistent.

    Where is it within the text?

    The table of changes is always situated in between the Public General Acts and the Local & Private Acts. In the earlier volumes, this tends to be towards the middle, but from 1918 on, it tends to be closer to the back of the volume. In the mid-sixties they started using different paper to help differentiate the table allowing it to be found more easily within the text.

    Pre-1899

    Before tables were included, finding amendments involved looking at each volume’s index. From 1892 to 1898 amendments are listed in the index under “ACTS, amended or repealed”. Pre-1892 amendments can only be found by looking through the index of each sessional volume under the name of the act or by subject of the act.

    BRITISH COLUMBIA

    1912-Present

    Tables of legislative changes have been published in the Statutes of the Province of BC since 1920. That first table in 1920 shows amendments to acts from the Revised Statutes of BC, 1911 and all public acts from the annual volumes for 1912 to 1920. From that year forward all sessional volumes include a Table of Public Statutes (or Table of Legislative Changes as it is now called).

    The table is located at the end of the volume after both the Public and the Private & Local Acts and has always been printed on differently colored paper making it easy to find at a glance.

    Pre-1912

    From 1893 to 1911, amendments from each year were listed in the index at the back of the sessional volume under the name of the act they amended. Pre-1893, there was no detailed index at the back of sessional volumes – only a title index at the beginning. Amending acts were noted there.

    Links

    Statutes of the Province of BC KP22 - https://opac.courthouselibrary.ca/Catalogues/CatView.aspx?id=8507&noAuthRedir=1

    Acts of the Parliament of Canada KP2.S7
    https://opac.courthouselibrary.ca/Catalogues/CatView.aspx?id=7847&noAuthRedir=1

  • What Happened to the Changes to Fast Track Costs and the Civil Tariff?

    by Tracy McLean | Jan 24, 2017

    In February 2016, it was announced that there would be changes to the BC Supreme Court Civil Rules covering fast track costs (rule 15-1(15)) and the civil tariff (Appendix B), coming into force in July 1, 2016.

    Specifically, sections 2 and 6 of BC Reg. 3/2016, repealed and replaced rule 15-1 (15) and Appendix B (Party and Party Costs) of the BC Supreme Court Civil Rules (BC Reg. 168/2009).

    The changes were designed to help winning parties more fully recover the true expense of the legal proceedings.

    Are the changes in force?
    No.

    The amendments to costs for fast track actions and changes to the civil tariff being brought in by BC Reg. 3/2016, were repealed by BC Reg. 87/2016 on March 31, 2016 - before they came into force.

    Why?
     According to a Vancouver Sun article in May 2016, Attorney General Suzanne Anton said that ICBC’s pleas (that the changes would cost them more than $250 million) were heard by the finance ministry and the “unexpected consequences to ICBC and possibly others out there in the world” came to light, causing her to reconsider.

    Has there been any fallout?
    All judicial members of the Supreme Court Rules Revision Committee and three lawyer members of the Committee resigned following Cabinet’s repeal of the amendments on March 31, 2016.

    The remaining lawyer members of the Committee informed the Attorney General that without judicial representation, the Committee was essentially defunct. 

    So the Supreme Court Rules Revision Committee has been defunct since April 2016.

  • Asked & Answered: What is a McKenzie Friend?

    by Megan Smiley | Jan 18, 2017
    Asked & Answered is a collection of answers to tricky legal research questions, written by Courthouse Libraries staff. Search Asked & Answered here.

    WHAT IS A MCKENZIE FRIEND?

    A McKenzie friend is a person who sits alongside someone appearing in court without a lawyer – a ‘self-represented litigant’. Their role is to provide practical and emotional support during the court process by helping to keep the self-represented litigant organized, calm and focused.  Anyone can act as a McKenzie Friend but generally it is a trusted family member or friend, and ultimately their presence in the courtroom is allowed only at a judge’s discretion. 

    What can a McKenzie friend do?

    If a judge does give permission, a McKenzie Friend can sit at the front of the courtroom and:

    • take notes;
    • assist in organizing documents and pass them along when needed;
    • pay attention to the courtroom discussion;
    • communicate with the self-represented litigant via notes or whispering (as infrequently as possible to avoid being perceived as disruptive by the judge).

    McKenzie Friends may do all or just some of the above, but above all it is important to decide on their roles and your expectations beforehand.

    How to ask permission for a McKenzie friend?

    The National Self-Represented Litigants Project’s publication The McKenzie Friend: Choosing and Presenting a Courtroom Companion provides a practical guide to choosing the right person and asking permission from a judge. This resource includes an example of a self represented litigant’s request to have a McKenzie Friend in the courtroom, an explanation of what judges must consider in allowing one, and a list of reasons why a judge may decide to refuse.

    The most important thing to keep in mind is that a McKenzie Friend is there as a support person, not to take the place of a lawyer. They are not able to give legal advice, or speak directly to the court except in very rare cases where a judge deems it appropriate. Even in cases where language comprehension is an issue, each circumstance is judged on a case-by-case basis. There are no predictable outcomes or set of criteria that determines whether they will be permitted or to what degree they may assist, and a self-represented litigant should be prepared to go it alone in case the judge denies the request.

    Links:

    Bring a Friend to Court: A Guide (McKenzie friend and BC Supreme court chambers) -
    http://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/79/attachments/original/1401251986/Bring_a_Friend_to_Court_Guide.pdf?1401251986

    The McKenzie Friend: Choosing and Presenting a Courtroom Companion -
    https://representingyourselfcanada.files.wordpress.com/2016/03/mckenzie-friend-final.pdf


TRACY MCLEAN

Tracy is the manager of Information Services at our Vancouver library.

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