Download PDF - Robson Hall Faculty of Law
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194 MANITOBA LAW JOURNAL |VOLUME 35 NUMBER 1<br />
K.<br />
Summary <strong>of</strong> Approaches Taken<br />
1. Staff <strong>Law</strong>yers<br />
As described above, research lawyers are on staff on a permanent basis, either<br />
full-time or part-time, in British Columbia, Alberta, Manitoba, Ontario, Quebec<br />
and Newfoundland and Labrador.<br />
2. Contract <strong>Law</strong>yers<br />
Research lawyers have been hired on a contract basis by the appellate courts<br />
in British Columbia and Alberta. Manitoba has also, in the past, hired legal<br />
research lawyers on a short-term basis through a secondment arrangement with<br />
the Federal Department <strong>of</strong> Justice. It is interesting to note that the only<br />
jurisdictions that appear to have taken advantage <strong>of</strong> hiring legal research lawyers<br />
on a contract basis are those who also employ full-time legal research lawyers.<br />
3. Clerkship Programs<br />
Clerkship programs for articling students or junior lawyers are in place in<br />
British Columbia, Alberta, Saskatchewan, Ontario, Quebec, New Brunswick,<br />
Nova Scotia and Newfoundland and Labrador. 58 As such, clerkship programs are<br />
clearly the frontrunner in terms <strong>of</strong> the approaches to legal research taken by<br />
Canadian provincial appellate courts. The program in Quebec is the only one that<br />
boasts a one-to-one ratio between students and judges, though the large program<br />
in Ontario comes close. The programs in British Columbia and Alberta provide<br />
closer to a two-to-one ratio between judges and students. As well, introductory<br />
clerkship opportunities are available to law school students in the courts in<br />
Alberta, Manitoba, New Brunswick and Nova Scotia.<br />
4. Hybrids<br />
The courts in British Columbia, Alberta, Ontario, Quebec and<br />
Newfoundland and Labrador have opted to fulfill their legal research support<br />
needs through a combination <strong>of</strong> lawyers and articling students.<br />
5. No Research Support<br />
Prince Edward Island’s Supreme Court Appeal Division is the only provincial<br />
appellate court without legal research support. However, this may be explained by<br />
the Court’s small size and, perhaps, because there is no law school on the Island.<br />
58<br />
Perhaps it would be simpler to say that only the courts in Manitoba and Prince Edward Island do<br />
not have an articling student clerkship program.
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