By Editorial Team Last updated: Jan 07, 2022
Introduction:
Section 1 - THE HISTORY: Legal Foundations of X v. X (approx 500-600 words)
a) Introduce your case. Give an overview of the facts. What branch of law is relevant and how has the decision in this case affected this specific branch? (broadly because repeated in 2b)
b) Embed the case into the evolution of our legal system. How has the history of this issue been influenced by social, political, economic, technological etc. changes in Canada and how have these changes been reflected in changes to our legal system?
c) How have activist individuals or groups influenced this case? Are there interveners at this trial? What goals are they trying to achieve for themselves/their group. - this may not be relevant to your case so cross it out on rubric is not applicable
Body:
Section 2 - THE LAW: Rights and Freedoms (approx 400-500 words)
a) Which sections of the law and the CCRF are being challenged by this case? What was the decision, the final vote count, the ratio decidendi and the dissent (if any)? Explain the changes to common law.
b) Why is this case important i.e. why did the Supreme Court agree to hear it?
c) Is this case part of a greater movement to expand and/or develop human rights in this particular area in Canada?
d) Have any legislatures, provincial or federal, pursued any statute additions to protect the affected areas of Charter rights? - this may not be relevant to your case so cross it out on rubric is not applicable
e) What are your predictions about future changes to this area of Charter law. How might contemporary events impact human rights law
Section 3 - THE WORLD: International Systems - Compare and Contrast (500-600 words)
a) What are the emerging global issues that relate to this Supreme Court holding. How does this case reflect larger/broader changes the world faces?
b) What is happening on the international scene in regards to this issue. Select 1 other jurisdiction in the world. The likeliest choices are other Commonwealth nations or U.S. (which has the added dimension of state specific and national law) How has this jurisdiction responded to the legal issue? How is their response similar and different to Canada’s evolution? How can you account for this difference?
c) What are the implications for international law of these emerging global issues? Do any international agreements, treaties or conventions come into play either directly or indirectly (international conflict and cooperation)?
Conclusion:(approx 200-300 words)
a) How is this case an exemplar of the evolution of law and human rights in Canada? Restate your predictions for the future of the area of human rights law. (from 2e)
Overall Expectations: A1-2, B1-3, C1-4, D1-4, E4
Step 1: INVESTIGATE the cases. SELECT your landmark case
Step 2: COMPLETE CASE ANALYSIS ORGANIZER
Step 3: RESEARCH
Complete Secondary Research to support your answers to the questions below.
Step 3: PEER EDIT
Step 4: ESSAY SUBMISSION
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