-Select one of the cases attached below for the case comment.
-Case comment consists of two parts: a summary of the case, and a critical analysis of the reasons for judgment, including any dissenting and/or concurring reasons.
0Outside research is neither necessary nor expected, and while you are certainly permitted to refer to outside sources, this is not intended to be a research assignment.
-Comment should be closely focused on the case itself.
-Keep the summary portion brief— aim for no more than two pages.
-The more focused and succinct your summary is, the more space you will have for critical reflection. Think of the summary as laying the groundwork for your analysis.
-Consider the following when preparing your summary:
Facts – what are the relevant facts of the case? What does the reader need to know about how the case arose in order to understand the issues and your argument?
Issues – What were the main issues (or what is the main issue) the court had to decide? Rules – What were the existing legal rules or common law precedents the court considered? This will be the starting point of the court’s analysis.
Application – How did the court deal with these rules and precedents? Did it apply them? Depart from them?
Conclusion – What was the ultimate decision? Were there any dissenting opinions?
-Critical analysis should evaluate both the court’s ultimate decision and its reasons for reaching that decision. Do you think the court got it wrong? Right? Right for the wrong reasons? If there’s a dissenting and/or concurring judgment, which conclusions and reasoning do you prefer? What do you think of the court’s approach to existing rules and precedents? Should it have adhered to or departed from them? What might be the broader policy implications (good or bad) of the court’s decision? How might it apply in other instances or cases? Can you anticipate any problems or challenges with the application of the court’s decision?
-Choose from one of the following six cases, all of which are attached as a pdf file along with these instructions.
• R v Keegstra
• R v Butler
• R v Morgentaler
• R v Appulonappa
• R v Khawaja
• Canadian Foundation for Children, Youth and the Law v Canada
-The case comment should be 6 pages long, double-spaced in 12 point font with 2.54 cm (1 inch) margins on all sides.
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