A Research Problem from

Start to Finish
Chapter 14
Overview of Steps

1. Analyze the fact situation

2. Find a general statement of the law
3. Find the primary sources of law
4. Read the primary sources of law
5. Update the primary sources
6. Apply the primary sources to the fact situation
1. Analyze the Fact Situation -
Recap
The Facts

Sixteen-year-old Elwood Blues went into the Kwik-E-Mart, a convenience

store close to his home. He walked all around the store looking for his
favourite brand of cookies. He didn’t find what he was looking for and was
about to leave the store when he found his way blocked by the clerk, a husky
man named Steve Barnes. Barnes said, “You put something into your
pocket!” Elwood replied, “No, I didn’t.” “We’ll see about that!” Barnes said. He
then told Elwood that he was making a citizen’s arrest, called the police, and
told Elwood that he couldn’t leave the store until the police got there. Barnes
stayed in front of the door until the police arrived, blocking the only exit out of
the store. When the police arrived, Barnes told the officer, “I think this boy
shoplifted something from my store and put it into his pocket.” The police
officer asked Elwood for his side of the story. Elwood said, “I didn’t take
anything. See?” and emptied his pockets. There was nothing belonging to
the store in his pockets, so the police officer told Elwood he was free to go.
Elwood then left. Elwood and his parents have now come to your firm
because they want to know if Elwood can sue the store for every nickel it’s
got for the way he was treated.
The Issues

 Whether there was false imprisonment

 Whether a store clerk (a citizen, not a peace
officer) can arrest a customer whom he suspects
has committed a crime, but who has not in fact
committed a crime
2. Find a General Statement of
the Law
The Canadian Encyclopedic Digest

 Provides a summary of the law of false

imprisonment
 Refers to the statutes, regulations and cases
that formulate the applicable principles of law
 Available in both print and online versions
 Print version – use the index key
 Online version – browse the table of contents or
search by plain language or Boolean search
CED in Print
CED Online
CED Online Cont’d
 The first and third sentences in the statement of
law address our fact situation directly:
Anyone may arrest without warrant a person whom he
finds committing an indictable offence. … However, this
does not alter the common law that an arrest by a
private citizen, including a security guard or store
detective, is only justified if a felony was actually
committed and there were reasonable and probable
grounds for believing that the detained person
committed it.
 Footnote 1 refers us to s 494(1)(a) of the
Criminal Code, RSC 1985, c C-46.
 Footnote 3 refers us to several cases, including
the case of Banyasz v K Mart Canada Ltd
(1986), 39 CCLT 266 (Ont Div Ct).
3. Find the Primary Sources of
Law
Finding the Text of the Case

 Banyasz v K Mart Canada Ltd

 Consider reading a digest first in the Canadian
Abridgment (print) or CAD online
– CED entry gives the corresponding Abridgment Key
classification number
 Use the CAD online to link to the text of the case
 Use the citation to find a print version of the
case
 Use LawSource Cases and Decisions
 Use LexisNexis Quicklaw
 Use CanLII
Find the Text of the Statute

 Criminal Code, RSC 1985, C c-46, s 494(1)(a)

 Government website (preferred) - Justice Laws
 LawSource
 Lexis Advance Quicklaw
 CanLII
4. Read the Primary Sources of
Law
Banyasz v K Mart Canada Ltd

 Case is reproduced on pp 272-273

 Case is briefed on pp 274-275
Criminal Code s 494

 A person must actually be found committing an

offence
5. Update the Primary Sources
Statute Law

 No need to update when you find the text on the

government website

Case Law
 Best to use online sources to update cases.
Choice depends on how you found the text of
the case
– LawSource KeyCite
– Lexis Advance Quicklaw QuickCite
– CanLii
6. Apply the Primary Sources
to the Fact Situation
Banyasz Case

 The facts of the case are very similar to ours

 The ratio in the case is relevant to our fact
situation
 The case is a decision of the Divisional Court,
and is therefore binding
Conclusion

 Because Elwood had not in fact stolen anything, he had

not committed an indictable (or any) offence
 Because Elwood had not committed an indictable
offence, the store clerk could not justify the arrest under
the right granted to an individual who is not a peace
officer under s 494(1)(a) of the Criminal Code
 The case law does not change the clear meaning of s
494(1)(a)
 Because there was no right to arrest, there was no right
to detain. Therefore there was false imprisonment.
 Therefore the client has a cause of action.
7. Put it in Writing
Memo of Law

 Purpose
– Memo for the file
– Ensures your research won’t be wasted
– May form the basis for an opinion letter
 Format:
– Heading
– Introduction
– Facts
– Issue(s)
– Law
– Discussion
– Conclusion
– References
– Attachments
Opinion Letter

 Communicates results of legal research to the

client
 Suggested format
– Facts
– Issues
– Discussion of the Issues
– Next Steps