A reader called, upset that in one of my columns, I discussed a case originating from his home community. In his opinion the people involved had suffered enough in their complicated court battle and didn’t need more reminders of the dispute. Even though I usually change names or use initials when discussing cases, as far as the reader was concerned mere mention of the name of the case meant everyone in his area knew who I was writing about. In his view, mentioning the case was unnecessary, especially since the case had not been mentioned before in the media. Further, he argued that The Western Producer is not a paper noted for engaging in sensational journalism.
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As a law columnist, I see my role as providing people with information on the law. In finding the law, we look to two sources: laws passed by Parliament, provincial legislatures and municipalities; and court cases.
Cases are important for two reasons. They provide us with interpretation of federal or provincial statutes. For example, Saskatchewan’s Land Titles Act protects unregistered leases under three years “where there is actual occupation.” This means that even if the tenant hasn’t registered the lease, anyone buying the land would be bound by the lease. However, a lease longer than three years would not be protected unless registered. The question is what is “actual occupation.”
An early Saskatchewan case said it meant you had to live on the farm. However, subsequent cases have reversed that decision and have said if the tenant has planted a crop that is sufficient for actual occupation.
In many instances court cases determine the law in areas where there are no federal or provincial statutes. This is what we call common law or court-made law.
As far as I know, no province has enacted a law dealing with the issue of responsibility for spray drift. The courts however, have said when spray drifts, the person applying the spray and the landowner whose land is being sprayed have a responsibility to the neighbours for any losses suffered.
Court proceedings are open to the public and anyone can walk into a courthouse and listen to the proceedings. When the judge issues a written judgment, that too becomes a public document. Anyone is entitled to ask for a copy of the judgment, although you will probably have to pay a photocopying fee.
Most written court judgments are also documented in legal reports that are costly and generally found only in law libraries and lawyer’s offices. Increasingly, case reports can be found on the internet. A number of companies offer subscription services. Some provinces such as British Columbia put all their written judgments on the net.
Finally, I use cases to make the column more interesting. For example, I could simply say that agreements for sale of land must be in writing and that the writing could be any form of a document. Or, I could refer to the Saskatchewan case where the issue was whether a handwritten note on the inside of a cigarette pack constituted an agreement. It seems to me that referring to an actual case not only makes for more interesting reading but also helps illustrate the point.
So I will continue to use case examples. They help people understand the law and make reading about it more interesting.
