Dear colleagues:
This email follows my earlier one on this subject. It
explains how the Internet
Archive (IA) works and provides two methods for accessing pre-1970 SCC
decisions on archived versions of the SCC’s website. The explanation below is
taken in substantial part from a standard-form
affidavit used by the IA in court proceedings involving historic websites.
The Internet Archive (IA) is a website that provides
access to a digital library of Internet sites and other digital texts and
artifacts. Like a print-based library, it provides free access to researchers, historians,
scholars, and the general public. It has partnered with and receives support
from various institutions and libraries, including the Library of Congress, and
also relies on private donations.
IA operates a service called the Wayback Machine that
lets you browse more than 450 billion pages stored in the Internet Archive's
web archive. Visitors to the Wayback Machine can search archives by URL
(uniform resource locator—i.e., a web address). If archived records for a URL
are available, the visitor will be presented with a display of available dates.
The visitor may select one of those dates, and begin browsing an archived
version of the Web. Links on archived files in the Wayback Machine point to
other archived files (whether HTML pages or other file types), if any are found
for the URL indicated by a given link. For instance, the Wayback Machine is
designed such that when a visitor clicks on a hyperlink on an archived page
that points to another URL, the visitor will see the archived file found for
the hyperlink's URL with the closest available date to the initial file
containing the hyperlink.
The IA assigns URLs to archived files in the form http://web.archive.org/web/[Year
in yyyy][mm][dd][hh:mm:ss]/[Archived URL]. This is called an "extended
URL." Thus, the extended URL http://web.archive.org/web/19970126045828/http://www.archive.org/
would be the URL for the record of the IA home page HTML file (http://www.archive.org/)
archived on January 26, 1997 at 4:58 a.m. and 28 seconds (1997/01/26 at
04:58:28).
Considering this, I researched the SCC website on the
IA and found that it has been extensively archived, including the sub-pages
containing the SCC’s decisions and the underlying files, in both HTML and PDF
format. Thus, rather than being “defunct,” as was asserted in an article
referenced in my earlier email, the website and all of the decisions on it seem
to still be intact and available, albeit in archived form and with limitations
on certain functions, such as search engine capability. Below, I have set out
two methods for accessing the Court’s pre-1970 decisions.
Method 1: Use Archived SCC Search Pages as Starting
Point
This method provides limited functionality. You should
be able to consult individual cases and go from one page of results to the
next, but if you try to use the search engine, you’ll get a message saying
that “the Wayback Machine has not archived that URL.” I’ve organized this by
three-sub-methods: case name (alphabetical); SCR volume; and decision year.
I’ve also provided the search pages in both English and French.
Find by case name:
https://web.archive.org/web/20230701231456/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/nav_alpha.do
(English)
https://web.archive.org/web/20230702164853/https://decisions.scc-csc.ca/scc-csc/scc-csc/fr/nav_alpha.do
(French)
Find by SCR volume year:
https://web.archive.org/web/20230701231914/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/nav_re.do
(English)
https://web.archive.org/web/20230702165130/https://decisions.scc-csc.ca/scc-csc/scc-csc/fr/nav_re.do (French)
Find by decision year:
https://web.archive.org/web/20230701175139/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/nav_date.do
(English)
https://web.archive.org/web/20230701193609/https://decisions.scc-csc.ca/scc-csc/scc-csc/fr/nav_date.do
(French)
Method 2: Use Archived SCC Search Pages, Indexed by
Decision Year, as Starting Point
This method provides complete functionality if you
know the year in which the SCC case was decided. On each page below, the
decisions are listed in reverse chronological order for each year. The numbers
shown in parentheses are the number of SCC decisions in that year. So, for
example, the archived website for 1969 has 97 decisions. If you click on the
link for 1969, you’ll see that the first decision in reverse chronological
order (i.e., the last decision in 1969, issued 1969-12-22) is Child v
Vancouver General Hospital, [1970] SCR 477. From there, you can either
clink on the PDF icon to get the archived version of the decision in the
Supreme Court Reports or click on the hyperlinked case name to see the HTML
version.
You will also note from the extended URLs that the
archiving is very recent, much of it done during September of this year. While
speculative, this makes me wonder if someone, prescient of the potential “take-down,”
was making sure that the resource would continue to be available.
1969
(97): https://web.archive.org/web/20240721154748/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1969/nav_date.do
1968 (114): https://web.archive.org/web/20240912224837/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1968/nav_date.do
1967
(97): https://web.archive.org/web/20240914125240/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1967/nav_date.do
1966
(74): https://web.archive.org/web/20240909142712/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1966/nav_date.do
1965
(83): https://web.archive.org/web/20240907150248/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1965/nav_date.do
1964
(77): https://web.archive.org/web/20240909144801/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1964/nav_date.do
1963
(94): https://web.archive.org/web/20240910112757/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1963/nav_date.do
1962
(80): https://web.archive.org/web/20240520193326/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1962/nav_date.do
1961
(86): https://web.archive.org/web/20240910034757/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1961/nav_date.do
1960 (79): https://web.archive.org/web/20240424124704/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1960/nav_date.do
1959 (89): https://web.archive.org/web/20240420015912/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1959/nav_date.do
1958
(72): https://web.archive.org/web/20240417222841/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1958/nav_date.do
1957
(72): https://web.archive.org/web/20240909224310/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1957/nav_date.do
1956
(80): https://web.archive.org/web/20240910112023/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1956/nav_date.do
1955
(76): https://web.archive.org/web/20240720195900/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1955/nav_date.do
1954
(62): https://web.archive.org/web/20240716072435/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1954/nav_date.do
1953
(62): https://web.archive.org/web/20240910113913/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1953/nav_date.do
1952
(50): https://web.archive.org/web/20240914154328/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1952/nav_date.do
1951
(49): https://web.archive.org/web/20240909120755/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1951/nav_date.do
1950
(44): https://web.archive.org/web/20240910225408/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1950/nav_date.do
1949 (54): https://web.archive.org/web/20240909224609/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1949/nav_date.do
1948
(48): https://web.archive.org/web/20240909132112/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1948/nav_date.do
1947
(34): https://web.archive.org/web/20240909161801/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1947/nav_date.do
1946
(43): https://web.archive.org/web/20240909230925/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1946/nav_date.do
1945
(47): https://web.archive.org/web/20240720132434/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1945/nav_date.do
1944
(55): https://web.archive.org/web/20240717171120/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1944/nav_date.do
1943
(53): https://web.archive.org/web/20240619142304/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1943/nav_date.do
1942
(47): https://web.archive.org/web/20240910060954/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1942/nav_date.do
1941
(47): https://web.archive.org/web/20240910095605/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1941/nav_date.do
1940
(58): https://web.archive.org/web/20240908230707/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1940/nav_date.do
1939
(44): https://web.archive.org/web/20240716062558/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1939/nav_date.do
1938
(44): https://web.archive.org/web/20240915131537/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1938/nav_date.do
1937
(57): https://web.archive.org/web/20240908233624/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1937/nav_date.do
1936
(47): https://web.archive.org/web/20240909170637/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1936/nav_date.do
1935
(48): https://web.archive.org/web/20240913174018/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1935/nav_date.do
1934
(72): https://web.archive.org/web/20240721040707/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1934/nav_date.do
1933
(71): https://web.archive.org/web/20240909122449/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1933/nav_date.do
1932
(70): https://web.archive.org/web/20240910121830/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1932/nav_date.do
1931
(82): https://web.archive.org/web/20240912164612/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1931/nav_date.do
1930
(78): https://web.archive.org/web/20240718234854/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1930/nav_date.do
1929
(83): https://web.archive.org/web/20240910015019/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1929/nav_date.do
1928
(92): https://web.archive.org/web/20240912221426/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1928/nav_date.do
1927
(97): https://web.archive.org/web/20240912221426/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1928/nav_date.do
1926
(68): https://web.archive.org/web/20240914154526/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1926/nav_date.do
1925
(78): https://web.archive.org/web/20240910021839/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1925/nav_date.do
1924
(67): https://web.archive.org/web/20240721221154/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1924/nav_date.do
1923
(47): https://web.archive.org/web/20240719235015/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1923/nav_date.do
1922
(65): https://web.archive.org/web/20240913181658/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1922/nav_date.do
1921
(63): https://web.archive.org/web/20240417093211/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1921/nav_date.do
1920 (74): https://web.archive.org/web/20240909171051/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1920/nav_date.do
1919 (81): https://web.archive.org/web/20240909231856/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1919/nav_date.do
1918 (96): https://web.archive.org/web/20240907150246/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1918/nav_date.do
1917 (79): https://web.archive.org/web/20240620204714/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1917/nav_date.do
1916 (71): https://web.archive.org/web/20240717153029/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1916/nav_date.do
1915 (62): https://web.archive.org/web/20240909220543/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1915/nav_date.do
1914 (59): https://web.archive.org/web/20240909224340/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1914/nav_date.do
1913 (56): https://web.archive.org/web/20240909224340/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1914/nav_date.do
1912 (51): https://web.archive.org/web/20240910130121/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1912/nav_date.do
1911 (63): https://web.archive.org/web/20240909141252/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1911/nav_date.do
1910 (65): https://web.archive.org/web/20240724203132/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1910/nav_date.do
1909 (64): https://web.archive.org/web/20240910051755/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1909/nav_date.do
1908 (77): https://web.archive.org/web/20240909150829/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1908/nav_date.do
1907 (82): https://web.archive.org/web/20231201061600/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1907/nav_date.do
1906 (72): https://web.archive.org/web/20240910010753/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1906/nav_date.do
1905 (82): https://web.archive.org/web/20240723213705/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1905/nav_date.do
1904 (72): https://web.archive.org/web/20240910100150/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1904/nav_date.do
1903 (70): https://web.archive.org/web/20240910000518/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1903/nav_date.do
1902 (79): https://web.archive.org/web/20240910203530/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1902/nav_date.do
1901 (64): https://web.archive.org/web/20240910062153/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1901/nav_date.do
1900 (66): https://web.archive.org/web/20240913172551/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1900/nav_date.do
1899 (70): https://web.archive.org/web/20231205063311/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1899/nav_date.do
1898 (71): https://web.archive.org/web/20240619132745/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1898/nav_date.do
1897 (81): https://web.archive.org/web/20240909183808/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1897/nav_date.do
1896 (70): https://web.archive.org/web/20231207164402/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1896/nav_date.do
1895 (103): https://web.archive.org/web/20240910150555/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1895/nav_date.do
1894 (70): https://web.archive.org/web/20231205111459/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1894/nav_date.do
1893 (54): https://web.archive.org/web/20240910142910/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1893/nav_date.do
1892 (90): https://web.archive.org/web/20240909220037/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1892/nav_date.do
1891 (71): https://web.archive.org/web/20240910002817/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1891/nav_date.do
1890 (48): https://web.archive.org/web/20240910005954/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1890/nav_date.do
1889 (55): https://web.archive.org/web/20240914144440/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1889/nav_date.do
1888 (43): https://web.archive.org/web/20240910233533/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1888/nav_date.do
1887 (44): https://web.archive.org/web/20240720181508/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1887/nav_date.do
1886 (58): https://web.archive.org/web/20240420001626/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1886/nav_date.do
1885 (46): https://web.archive.org/web/20240909231641/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1885/nav_date.do
1884 (33): https://web.archive.org/web/20240910064731/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1884/nav_date.do
1883 (38): https://web.archive.org/web/20240910193446/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1883/nav_date.do
1882 (22): https://web.archive.org/web/20240721032730/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1882/nav_date.do
1881 (28): https://web.archive.org/web/20240724204637/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1881/nav_date.do
1880 (22): https://web.archive.org/web/20240910113904/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1880/nav_date.do
1879 (34): https://web.archive.org/web/20240420010121/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1879/nav_date.do
1878 (21): https://web.archive.org/web/20240417083613/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1878/nav_date.do
1877 (21): https://web.archive.org/web/20240424114141/https://decisions.scc-csc.ca/scc-csc/scc-csc/en/1877/nav_date.do
I hope this is of interest to some of you, and would
welcome any feedback you might have on the usefulness (or lack thereof) of
these methods.