The Mcgill Guide, Plagiarism, & The Law Society of Ontario: Bachelor of Arts (Paralegal Studies)

Bachelor of Arts (Paralegal Studies)
The McGill Guide, Plagiarism, & the

Law Society of Ontario
Professor Shirley R. Wales
September 2020
The Topics . . .
1. Legal Citation – The McGill Guide
2. Plagiarism & Academic Misconduct
3. Allegations of Academic Misconduct

& The Law Society of Ontario
2
1. Legal Citation
Mandatory Format: The Canadian Guide to Uniform Legal Citation (9th
Ed.) “The McGill Guide” (online)
No other format is acceptable.
Students:
1. Access the guide from the Library database list:
https://library.humber.ca/atoz_landing/C > Canadian
Guide to Uniform Legal Citation
2. You can also access it and other legal resources from the
paralegal subject guide: https://library.humber.ca/pgm-
results-page?tid=189
- The McGill Guide is the first link under “Key Databases”.
3
.
4
Examples from the
McGill Guide of
Correct Citation of
Legal Resources
5
Source: WestlawNextCanada>Canadian Guide to Uniform Legal Citation (9th Edition)
E – Legislation
Statutes (2.1)
Criminal Code, RSC 1985, c C-46, s 745.
Charter of Human Rights and Freedoms, CQLR c C-12, s 10.
SkyDome Act (Bus Parking), SO 2002, c 8, Schedule K, s 2.
Income Tax Act, RSC 1985, c 1 (5th Supp), s 18(1)(m)(iv)(c).
Constitutional Statutes (2.2)
Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, s 91, reprinted in RSC 1985,
Appendix II, No 5.
Canadian Charter of Rights and Freedoms, s 7, Part I of the Constitution
Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
Codes (2.3)
Art 1457 CCQ.
6
E – Jurisprudence
Neutral Citation (3.5)

Fisher v Fisher, 2008 ONCA 11 at paras 52-59.
Reporters (3.7)
Gordon v Goertz, [1996] 2 SCR 27 at para 13, 134 DLR (4th) 321.
Online Databases (3.8)

Almad Investments Ltd v Mister Leonard Holding Ltd, 1996 CarswellOnt 4402
(WL Can) at para 3, [1996] OJ No 870 (QL) (Ont Ct J (Gen Div)).
Unreported Decisions (3.12)

Commission des droits de la personne du Québec c Brasserie O’Keefe (13
September 1990), Montreal 500-05-005826-873 (CS).
7
E - Secondary Sources
Periodicals (6.1)
Marie-Claude Prémont, “La fiscalité locale au Québec : de la cohabitation au refuge fiscal” (2001) 46:3
McGill LJ 713 at 720.
Books (6.2)
Andrée Lajoie, Pouvoir disciplinaire et tests de dépistage de drogues en milieu du travail (Cowansville,
Que: Yvon Blais, 1995).
Allison Christians, Samuel A Donaldson & Philip F Postlewaite, United States International Taxation, 2nd
ed (LexisNexis, 2011).
Robert Cryer et al, An Introduction to International Criminal Law and Procedure, 2nd ed (Cambridge:
Cambridge University Press, 2010).
Pierre-Gabriel Jobin & Nathalie Vézina, Les obligations, 7th ed (Cowansville, Que: Yvon Blais, 2013).
8
E - Secondary Sources [continued]
Collections of Essays (6.3.2)
Madeleine Cantin Cumyn, “Le Code civil et la gestion des biens d’autrui” in Jean-
Louis Baudouin & Patrice Deslauriers, eds, La responsabilité civile des courtiers en
valeurs mobilières et des gestionnaires de fortune : aspects nouveaux (Montreal:
Yvon Blais, 1999) 121 at 128.
Encyclopedias (6.3.3)
Rev Edward Mewburn Walker, “Constitution of Athens” in Hugh Chisholm, ed,

Encyclopaedia Britannica, 11th ed (New York: Encyclopaedia Britannica, 1911).
Dictionaries (6.3.4)
F Allard et al, eds, Private Law Dictionary of Obligations and Bilingual Lexicons,
(Cowansville, Que: Yvon Blais, 2003) sub verbo “code”.
9
E - Government Documents
Parliamentary Papers (4.1)
House of Commons Debates, 37-1, No 64 (17 May 2001) at 4175

(Hon Elinor Caplan).
Non-parliamentary Papers (4.2)
Statistics Canada, Police-Reported Crime Statistics in Canada,

2011, by Shannon Brennan, Catalogue No 82-002-X (Ottawa:
Statistics Canada, 11 October 2012).
10
E - International Materials
Treaties and Other International Agreements (5.1.1)
International Covenant on Civil and Political Rights, 19 December 1966, 999

UNTS 171 arts 9—14 (entered into force 23 March 1976, accession by
Canada 19 May 1976).
International Court of Justice (5.2.2)
Case concerning East Timor (Portugal v Australia), [1995] ICJ Rep 90 at

103.
11
E - 1.1 Bibliographies / Tables of Authorities
Example
LEGISLATION
Anti-terrorism Act, SC 2001, c 41.
Aggregate Resources Act, RSO 1990, c A.8.
National Arts Council Act (Cap 193A, 1992 Rev Ed Sing).
Tobacco Product Control Act, RSC 1985, c 14 (4th Supp).
JURISPRUDENCE
Delgamuukw v British Columbia, [1997] 3 SCR 1010, 153 DLR (4th) 193.
Kendle v Melsom, [1998] HCA 13.
Létourneau c Laflèche Auto Ltée, [1986] RJQ 1956 (Sup Ct).
Nova Scotia (Workers’ Compensation Board) v Martin, 2003 SCC 54.
SECONDARY MATERIAL: MONOGRAPHS
Bakan, Joel et al, Canadian Constitutional Law, 3rd ed (Toronto: Edmont Montgomery, 2003).
Baudouin, Jean-Louis & Pierre-Gabriel Jobin, Les obligations, 5th ed (Cowansville, QC: Yvon Blais, 1998).
Christians, Allison, Samuel A Donaldson & Philip F Postlewaite, United States International Taxation, 2nd ed (New
Providence, NJ: LexisNexis, 2011).
Macklem, Patrick, Indigenous Difference and the Constitution of Canada (Toronto: University of Toronto Press, 2001).
Nadeau, Alain-Robert, Vie privée et droits fondamentaux (Cowansville, QC: Yvon Blais, 2000).
Smith, Graham JH, Internet Law and Regulation, 3rd ed (London, UK: Sweet & Maxwell, 2002).
SECONDARY MATERIAL: ARTICLES
Borrows, John, “With or Without You: First Nations Law (in Canada)” (1996) 41 McGill LJ 629.
—, “Wampum at Niagara: The Royal Proclamation, Canadian Legal History, and Self-Government” in Michael Asch,
ed, Aboriginal and Treaty Rights in Canada: Essays on Law, Equity, and Respect for Difference (Vancouver: UBC Press,
1997) 155.
Deleury, E, “Naissance et mort de la personne ou les confrontations de la médecine et du droit” (1976) 17 C de D
265.
Wang Sheng Chang, “Combination of Arbitration with Conciliation and Remittance of Awards: With Special Reference
12to the Asia-Oceana Region” (2002) 19 J Intl Arb 51.
E - 1.2 In-text References: Memorandum and Factum
E - 1.2.1 Memorandum
Include the reference immediately after the text, in parentheses.
The first time a reference is used, follow the usual rules for footnotes.
If a reference is repeated later in the text, include a short form after
the first citation (see Hill). If a reference is not repeated, do not include
a short form (see Robitaille).
After the first time a reference is used, use only the short form and
include a pinpoint reference if appropriate (e.g., Hill at para 195).
13
. Example
[
In addition to the requirement of an “actionable wrong” independent of the breach
sued upon, punitive damages will only be awarded “where the defendant’s misconduct
is so malicious, oppressive, and high-handed that it offends the court’s sense of
decency” (Hill v Church of Scientology of Toronto, [1995] 2 SCR 1130 at para 196, 184
NR 1, Cory J [Hill]). Such behaviour has included defamation (ibid), failure to provide
medical care (Robitaille v Vancouver Hockey Club Ltd, 124 DLR (3d) 228, [1981] 3 WWR
481 (BCCA)), and exceptionally abusive behaviour by an insurance company (Whiten v
Pilot Insurance Co, 2002 SCC 18 [Whiten]).
Since the primary vehicle of punishment is the criminal law, punitive damages should be
scarcely used (ibid at para 69). It is also important to underline that there cannot be
joint and several responsibility for punitive damages because they arise from the
misconduct of the particular defendant against whom they are awarded (Hill at para
195).
14
E - 1.3 Footnotes: Rules
E - 1.3.1 When to Footnote
Footnotes are required under the following circumstances:
(1) at the first reference to the source;
(2) at every subsequent quotation from the source; and
(3) at every subsequent reference or allusion to a particular passage in the

source. The full citation should be provided in the first footnote referring to a
source.
15
E - 1.3.2 How to Indicate a Footnote in the Text
In legal writing, footnotes are indicated by superscripted numbers.

Roman numerals and special characters such as *, †, and ‡ are not
normally used (the traditional exception being the use of * to indicate
the author’s biographical information at the beginning of an article).
Generally, place the footnote number at the end of the sentence,
after the punctuation.1 Note the contrast with the applicable rule for
French footnote indications, where the footnote number precedes the
punctuation. When referring to a word, place the footnote
number2 directly after the word, wherever it occurs in the sentence.
When quoting a source, place the footnote number “after the
quotation marks”2 and, “where applicable, the punctuation.”3
16
E - 6.19.1 Websites
Author, | “title of the page/article” | (date of the page/article), | online: |
title of the website | <URL> | [archived URL].
Example
Richard Gold, “The Midas Conundrum: Why less can be more when it comes
to intellectual property protection” (25 April 2017), online: Centre for
International Governance Innovation <www.cigionline.org/articles/midas-
conundrum> [perma.cc/XAP7-VWDR].
“Tribunaux canadiens” (last modified 21 June 2017), online: Cour fédérale

<cas-cdc-www02.cas-satj.gc.ca> [perma.cc/WB8C-E55X].
It is likely that some information will not be found. In such cases, exercise
judgment and include basic, critical information so that readers can track the
source. The author is the person who wrote the cited material. Where no
author is clearly indicated, provide the name of the institutional owner of the
domain. Omit author information if obvious from the title of the website.
17
Websites: continued
The title of the page/article indicates the location of the section referred
to in relation to the rest of the site. In the absence of clear page
numbering on the site, the title is the most specific marker with which to
refer to a given part of the website.
In the following order, indicate the date of publication of the page/article

in parentheses (day, month and year) where available, the date of the
last modification of the website preceded by last modified, or the date of
access preceded by last visited.
Indicate the title of the website, the main title page, or the domain in
which the reference is found in italics.
Indicate the full URL enclosed in angle brackets (< ... >). Exclude the
http:// and https:// protocol, but include any protocol of different form.
Include www only where it is included by the source.
18
E - 1.8.1 Positioning of Quotations

Place short quotations of four lines or fewer in quotation marks and incorporate
them directly into the text. Indent from both margins and single space quotations
of more than four lines. Do not use quotation marks. Legislative provisions may
be indented even if they are fewer than four lines long.
Example
This principle, which has existed since 1929, is based on a dynamic conception of
the constitution as “a living tree capable of growth and expansion.”1
Justice LeBel, writing for the Court, invoked the scenario that Justice Dickson (as
he then was) used in Perka to explain the concept:
19
E - 1.8.1 Positioning of Quotations continued

[Example continued]
By way of illustration in Perka, Dickson J. evoked the situation of a lost alpinist who, on
the point of freezing to death, breaks into a remote mountain cabin. The alpinist
confronts a painful dilemma: freeze to death or commit a criminal offence. Yet as
Dickson J pointed out at p 249, the alpinist’s choice to break the law “is no true choice
at all; it is remorselessly compelled by normal human instincts”, here of self-
preservation.2
The Civil Code of Quebec begins in a peculiar way, introducing two legal concepts that
are meaningless to the common citizen. Article 1 reads as following:
Every human being possesses juridical personality and has the full enjoyment of civil
rights.3
20
What is a Block Quote?
See paragraph 74 of the Restoule decision.
Restoule v. Canada (Attorney General), 2018 ONSC 7701
[74] Specifically, the text of the Royal Proclamation stated:
And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians, to the
great Prejudice of our Interests and to the great Dissatisfaction of the said Indians: In order, therefore,
to prevent such Irregularities for the future, and to the end that the Indians may be convinced of
our Justice and determined Resolution to remove all reasonable Cause of Discontent, We do, with
the Advice of our Privy Council strictly enjoin and require, that no private Person do presume to make
any purchase from the said Indians of any Lands reserved to the said Indians, within those parts of our
Colonies where We have thought proper to allow Settlement; but that if, at any Time, any of the Said
Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us, in our
Name, at some public Meeting or Assembly of the said Indians, to be held for that Purpose by the
Governor or Commander in Chief of our Colony….62 [Emphasis added.]
62The Royal Proclamation, dated 7 October 1763, reprinted in Clarence S. Bringham, British Royal Proclamations Relating
to America, 1603 – 1783 ed. (New York: Burt Franklin, 1911), Joint Book of Primary Documents, Trial Exhibit 01-TAB-0037.
21
2. Plagiarism
& Academic
Misconduct
22
Source: http://international.humber.ca/academic/student-
support/academic-support/the-formula-to-keeping-your-work-
honest/understanding-cheating [link no longer active]
Humber’s definition of plagiarism is:
Plagiarism, in the broadest sense, is misrepresenting the work of

others as one’s own. Plagiarism can be understood as the act of
copying, reproducing or paraphrasing significant portions of
someone else’s published or unpublished material, and
representing these as one’s own thinking by not acknowledging
the appropriate source or by the failure to use appropriate
quotation marks.
(Humber College, 2010, p. 26)
23
Source: http://international.humber.ca/academic/student-support/academic-support/the-formula-to-keeping-your-work-
honest/understanding-cheating [link no longer active]
24
All four of the situations are inappropriate in a Canadian classroom.
Your instructors at Humber would consider these as forms of academic
misconduct.
Source: https://academic-regulations.humber.ca/2018-2019/17.0-ACADEMIC-MISCONDUCT
25
26
[ALL the examples on the previous slide are
considered to be plagiarism]
“I found similar information from a website, journal article and

from a book, so I rearranged the information and combined the
sentence to make it read differently.”
Paraphrasing?
Source: http://international.humber.ca/academic/student-support/academic-support/the-formula-to-
keeping-your-work-honest/understanding-cheating [link no longer active]
27
Plagiarism & Paraphrasing
What is “Paraphrasing”?
https://owl.purdue.edu/owl/research_and_citation/using_research/quoting_paraphrasing_and_summarizing/paraphrasing.html
Purdue Online Writing Lab

Source:
Paraphrase: Write It in Your Own Words

Summary:
This handout is intended to help you become more comfortable with the
uses of and distinctions among quotations, paraphrases, and summaries. This
handout compares and contrasts the three terms, gives some pointers, and
includes a short excerpt that you can use to practice these skills.
28
Source:
https://owl.purdue.edu/owl/research_and_citation/using_research/quoting_paraphrasing_and_summarizing/paraphrasing.h
tml

Paraphrasing is one way to use a text in your own writing
without directly quoting source material. Anytime you are taking
information from a source that is not your own, you need to
specify where you got that information.
A paraphrase is...
•Your own rendition of essential information and ideas

expressed by someone else, presented in a new form.
•One legitimate way (when accompanied by accurate

documentation) to borrow from a source.
•A more detailed restatement than a summary, which focuses

concisely on a single main idea.
29
Source:
https://owl.purdue.edu/owl/research_and_citation/using_research/quoting_paraphrasing_and_summarizing/paraphrasing.h
tml

6 Steps to Effective Paraphrasing
1.Reread the original passage until you understand its full meaning.
2.Set the original aside, and write your paraphrase on a note card.
3.Jot down a few words below your paraphrase to remind you later how
you envision using this material. At the top of the note card, write a key
word or phrase to indicate the subject of your paraphrase.
4.Check your rendition with the original to make sure that your version
accurately expresses all the essential information in a new form.
5.Use quotation marks to identify any unique term or phraseology you

have borrowed exactly from the source.
6.Record the source (including the page) on your note card so that you
can credit it easily if you decide to incorporate the material into your
30 paper.
Source:

The original passage:
Students frequently overuse direct quotation in taking notes, and as a

result they overuse quotations in the final [research] paper. Probably only
about 10% of your final manuscript should appear as directly quoted
matter. Therefore, you should strive to limit the amount of exact
transcribing of source materials while taking notes. Lester, James D.
Writing Research Papers. 2nd ed., 1976, pp. 46-47.
A legitimate paraphrase:
In research papers, students often quote excessively, failing to keep

quoted material down to a desirable level. Since the problem usually
originates during note taking, it is essential to minimize the material
recorded verbatim (Lester 46-47).
31
Source:
https://owl.purdue.edu/owl/research_and_citation/using_research/quoting_paraphrasing_and_summarizing/paraphrasing.
html

An acceptable summary:
Students should take just a few notes in direct quotation from sources
to help minimize the amount of quoted material in a research paper
(Lester 46-47).
A plagiarized version:
Students often use too many direct quotations when they take notes,
resulting in too many of them in the final research paper. In fact,
probably only about 10% of the final copy should consist of directly
quoted material. So it is important to limit the amount of source
material copied while taking notes.
32
Source:

A note about plagiarism:
This example has been classed as plagiarism, in part,

because of its failure to deploy any citation. Plagiarism is a
serious offense in the academic world.
However, we acknowledge that plagiarism is a difficult term to

define; that its definition may be contextually sensitive; and
that not all instances of plagiarism are created equal—that is,
there are varying “degrees of egregiousness” for different
cases of plagiarism.
33
So . . . How To Stay Out of
Academic Misconduct Jail?
34
Forms of “Egregious” Plagiarism
& Paraphrasing
For my courses, I consider “Egregious Plagiarism” [the most
serious forms deserving the most severe sanctions] to
include, but not be limited to:
1. Failing to use quotation marks, or block quote format, for words

taken directly from another source, and / or failing to footnote.
2. Paraphrasing without use of a footnote conforming to the McGill

Guide. The absence of a footnote, or a footnote completed in MLA or
APA or other format, constitutes a breach of this requirement.
3. Paraphrasing using online text rewriting tools, with or

without a footnote in any format.
35
Some Examples of Prohibited Online Resources:
This list is NOT exhaustive. Any online tools which achieve the same ends, that is
randomly substituting synonyms into the original text, to create a “paraphrased”
version is prohibited.
1. https://paraphrasing-tool.com/
“Use Paraphrasing Tool to paraphrase or rewrite full length essays and articles or to find new ways to
express simple phrases, sentences or single words. Whether your goal is to remix textual content for a
website, term paper, business document, email or tweet, Paraphrasing Tool will do the trick.
Applications which stand to benefit from text rewritten by Paraphrasing Tool range from expanding blog
and website footprint on the web with quality content to facilitating brainstorming for any essay or
creative writing project.”
2. https://www.paraphrase-online.com/
3. https://grammarchecker.net/paraphrasing-tool/
“Paraphrasing Tool is a free article rewriter software, It is replacing the words exactly is supposed to be
without changing the actual meaning of your article.”
36
Some Possible Consequences of Academic Misconduct
Arising from Plagiarism:
1. Fail the Course.
2. Forced to Withdraw from the Paralegal Studies Program.
3. Prevent Licensing by the Law Society.

1. Allegations of Academic Misconduct, and Findings of
Academic Misconduct must be reported to the Law Society
and may disqualify students from becoming licensed
paralegals.
4. If plagiarism is discovered, even after graduation, the degree may

be rescinded.
5. Plagiarism may be grounds for dismissal from future employment.

37
Source: https://www.thestar.com/news/gta/2018/02/07/chris-spence-loses-
appeal-to-keep-phd-amid-plagiarism-findings.html
Chris Spence loses appeal to keep

PhD amid plagiarism findings
By Andrea GordonEducation Reporter
Wed., Feb. 7, 2018
Five years after facing the first explosive allegations of plagiarism, Chris
Spence has lost his fight to hold onto his PhD at the University of Toronto.
An appeals tribunal at the university has upheld an earlier ruling last June
that recommended stripping the former education superstar of his
doctorate after it found 67 examples of passages in his dissertation
allegedly taken from the work of others without proper credit.
38
3. Allegations of
Academic Misconduct &
The Law Society
of Ontario
39
Students are reminded that the Law Society of Ontario requires students
to report any allegation of [academic] misconduct by a post-secondary
institution.
“While attending a post-secondary institution, have allegations of

misconduct ever been made against you, or, have you ever been
suspended, expelled or penalized by a post-secondary institution for
misconduct? If yes, you must provide details of the allegation and
suspension, expulsion and penalty imposed on you. ☐ Yes ☐ No”
Source:
http://rc.lsuc.on.ca/pdf/licensingprocessparalegal/pa22frmGoodCharacter
AmendmentForm.pdf
40
THANK YOU.
MIIGWICH.

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Bachelor of Arts (Paralegal Studies)

The McGill Guide, Plagiarism, & the

2. Plagiarism & Academic Misconduct

3. Allegations of Academic Misconduct

Neutral Citation (3.5)

Online Databases (3.8)

Unreported Decisions (3.12)

E - Secondary Sources [continued]

Collections of Essays (6.3.2)

Rev Edward Mewburn Walker, “Constitution of Athens” in Hugh Chisholm, ed,

Parliamentary Papers (4.1)

House of Commons Debates, 37-1, No 64 (17 May 2001) at 4175

Non-parliamentary Papers (4.2)

Statistics Canada, Police-Reported Crime Statistics in Canada,

Treaties and Other International Agreements (5.1.1)

International Covenant on Civil and Political Rights, 19 December 1966, 999

International Court of Justice (5.2.2)

Case concerning East Timor (Portugal v Australia), [1995] ICJ Rep 90 at

E - 1.2 In-text References: Memorandum and Factum

Include the reference immediately after the text, in parentheses.

E - 1.3 Footnotes: Rules

E - 1.3.1 When to Footnote

Footnotes are required under the following circumstances:

(1) at the first reference to the source;

(2) at every subsequent quotation from the source; and

(3) at every subsequent reference or allusion to a particular passage in the

E - 1.3.2 How to Indicate a Footnote in the Text

In legal writing, footnotes are indicated by superscripted numbers.

“Tribunaux canadiens” (last modified 21 June 2017), online: Cour fédérale

In the following order, indicate the date of publication of the page/article

E - 1.8.1 Positioning of Quotations

E - 1.8.1 Positioning of Quotations continued

Restoule v. Canada (Attorney General), 2018 ONSC 7701

[74] Specifically, the text of the Royal Proclamation stated:

Humber’s definition of plagiarism is:

Plagiarism, in the broadest sense, is misrepresenting the work of

(Humber College, 2010, p. 26)

“I found similar information from a website, journal article and

Purdue Online Writing Lab

Paraphrase: Write It in Your Own Words

Purdue Online Writing Lab

•Your own rendition of essential information and ideas

•One legitimate way (when accompanied by accurate

•A more detailed restatement than a summary, which focuses

Purdue Online Writing Lab

5.Use quotation marks to identify any unique term or phraseology you

Purdue Online Writing Lab

Students frequently overuse direct quotation in taking notes, and as a

In research papers, students often quote excessively, failing to keep

Purdue Online Writing Lab

Purdue Online Writing Lab

This example has been classed as plagiarism, in part,

However, we acknowledge that plagiarism is a difficult term to

1. Failing to use quotation marks, or block quote format, for words

2. Paraphrasing without use of a footnote conforming to the McGill

3. Paraphrasing using online text rewriting tools, with or

2. Forced to Withdraw from the Paralegal Studies Program.