General Rules
1 When & Where to Cite
Overview
A citation is a reference to source material. A citation acknowledges and credits where specific information, ideas, or arguments are drawn from and provides the information necessary to locate the original source material. There are three main methods of citation: footnotes, in-text, and end of paragraph.
There are four essential components to all citations: Who, what, when, and where. These elements sure a source can be located. They are dependent on source type and their order will vary within a citation. Traditional sources, like books and journal articles, make it easy to identify the who, what, when, and where. However, primary law results in some overlap of these components. For example, the who and where are the same in the example of legislation. The jurisdiction is both the publisher (legislative branch of the government) and the relevant location (federal, provincial, or territorial).
Examples of each component are included below:
- Who: Creator of the work (e.g., author, editor, publisher, parties, etc.)
- What: Type of work (e.g. book, article, case name, short title for statute), pinpoints (if necessary), or unique identifier (ordinal number or serial number).
- When: Date (e.g., original publication date, edition number, date of modification, or date last accessed).
- Where: Location of publication (region, jurisdiction, journal, URLs, etc.).
Example: Who, What, Where, When
Who is highlighted in blue.
What is highlighted in yellow.
Where is highlighted in pink.
When is highlighted in green.
If there is overlap in elements the highlight will be purple. . For example, a statute the jurisdiction is both the who and the where.
Book:
Gerald Chan & Susan Magotiaux, Digital Evidence, 2nd ed (Toronto: Emond Montgomery, 2022).
Article:
Sarah Pringle, “The ‘Threat’ of Marriage Fraud: A Story of Precarity, Exclusion, and Belonging” (2020) 33:1 Can J Fam L 1.
Case:
Home Trust Company v Haughian, 2025 SKKB 8.
R v Bartz Transport Ltd, 1967 CanLII 826 (AB CA).
Statute:
Agricultural Land Commission Act, SBC 2002, c 36.
When to Cite
Citations are required whenever source material is directly quoted, paraphrased, summarised, or alluded to. This applies to facts, data, legal principles, arguments, analysis, and interpretations. If the idea is not original, a citation must be provided. Citations must be used at the first reference to a source, any subsequent resources, and following direct quotations.
- First Reference: The full citation must be provided the first time a case, statute, or secondary source is mentioned.
- Direct Quotations: Any direct quote must be followed by a citation, including a pinpoint reference to the specific page or paragraph.
- Subsequent References: Whenever a previously cited source is relied upon again, a citation is required.
Common vs Specific Knowledge
Not every sentence in legal writing require a citation. Common knowledge does not require a citation, but specific knowledge does.
Example: Common vs Specific Knowledge
Common knowledge:
The Criminal Code prohibits criminal actions in Canada.
Specific knowledge:
In 2016 the Criminal Code was amended to include an exception that allows medical practitioners to provide medical assistance in dying.1
1 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), SC 2016, c 3.
Common knowledge:
Canadians pay taxes to the federal government.
Specific knowledge:
Residents of Canada are required to pay income tax on their annual taxable income. Taxable income is calculated by adding all income earned throughout the year, applying allowable additions, and then subtracting deductions.9
9 Income Tac Act, RSC 1985, c 1 (5th Supp), s 2 (examples of income include wages, salaries, gratuities, rental property income, and RRSPs).
Paraphrasing
Tips for Paraphrasing:
Effective paraphrasing starts with reading the original text multiple times to develop a clear understanding. Identify key terms that need to be retained (e.g., legal terminology like “habeus corpus”) or replaced with appropriate synonyms to maintain accuracy. The next step is to rewrite the content using completely new wording without directly referring to the source material. Compare the paraphrased version with the original to ensure that the meaning remains unchanged while the sentence structure and phrasing differ. Paraphrased writing requires citation to the original source.
Common Paraphrasing Errors:
- Excessive Similarity – Replacing only a few words without changing the sentence structure leads to improper paraphrasing.
- Distorted Meaning – Overusing synonyms or altering the interpretation too much can misrepresent the original idea.
- Lack of Clarity – Misreading the original text or relying too heavily on paraphrasing tools often results in unclear writing.
A well-paraphrased passage balances originality with accuracy while ensuring proper attribution to the original source.
Example: Paraphrasing
Original:
[25] For these reasons, I conclude that an “original” work under the Copyright Act is one that originates from an author and is not copied from another work. That alone, however, is not sufficient to find that something is original. In addition, an original work must be the product of an author’s exercise of skill and judgment. The exercise of skill and judgment required to produce the work must not be so trivial that it could be characterized as a purely mechanical exercise. While creative works will by definition be “original” and covered by copyright, creativity is not required to make a work “original”.
Paraphrased:
