For detailed information about Canadian courts and case law research, refer to the Cases pages of our Canadian Legal Research Guide.
See also the Finding Cases on a Topic page in our Canadian Legal Research Guide.
We subscribe to a specialist report series, the Canadian Native Law Reporter, which reports all significant and noteworthy Aboriginal law cases from all Canadian courts and jurisdictions. We hold this series in print only, from its first volume in 1979 to current.
To find cases that have considered a particular section of legislation:
SELECTED / LEADING CASES
Use secondary sources such as books and commentary. For example, the commentary on each topic in Canadian Aboriginal Law on Halsbury's Laws of Canada (Lexis Advance - UniMelb staff & student access) lists and links to leading cases.
In CANLII (open access):
In WestlawNext Canada (UniMelb staff & student access):
TIP: while most of the same cases will be found in both the above databases, they will have slightly different coverage - so if you want to find as many cases as possible on your legislative provision, use both databases! for example, in the above example of s 35 of the Constitution Act 1982, in CANLII there are less cases citing s 35 and all its sub-sections than in Westlaw. However, CANLII has more cases citing sub-section 35(2) than Westlaw.
NOTE: the online databases referred to above generally only have coverage from the 1990s to current. To find older cases considering statutory provisions, you will need to use the print Canadian Statute Citations (previously called the Statutes Judicially Considered).
For more information on judicial consideration of statutes, see the Queen's University Library Legal Research Manual - Statutes Considered.