Carleton University
Laws 2908 – Fall 2018
ASSIGNMENT 1: CASE SUMMARY AND ANALYSIS
Value: Worth 30% of your final grade; marked out of 30 points.
Due: October 15, 2018 at NOON. Late penalties apply as of due date and time.
Title Page: Include a title/cover page with your name and student number, course name and number and Assignment Title.
Spacing and Font: Use double-spacing except for block quotes. Font should be Arial 11 pt or Times New Roman 12 pt with regular page margins. Insert page numbers.
File Format Submit your file in MS Word. Please convert WordPerfect files into MS Word. Do not submit in Mac Pages or as a PDF. This creates conversion and compatibility issues.
File Name: Name your file using this protocol: your last name and first initial (e.g. Smith, D). This is essential for sorting submitted files.
File Submission: The assignment must be submitted electronically via Laws 2908 cuLearn Assignment Link. Remember to hit the SUBMIT button!
Other Instructions: Additional requirements and details affecting this assignment are provided at the end of the assignment. This includes penalties for length and lateness. Read to the end of this document!
ASSIGNMENT TASK
Your general research topic for assignments is Canadian immigration/refugee law. However, each assignment will ask you to examine a specific aspect of this theme.
This assignment requires you to write a Case Brief of Charkaoui v Canada (Citizenship and Immigration), a 2007 decision of the Supreme Court of Canada. This case examines the Security Certificate program detailed in the Immigration and Refugee Protection Act (IRPA), which determines the admissibility, detention and removal of permanent residents and non-citizens on national security grounds or connections to terrorist activity. The court is asked to decide the constitutionality of the security certificate program.
The case has been attached to the Assignment file in cuLearn. Note: You will need to find the case using Quicklaw and Westlaw to complete this assignment.
The case is about 47 pages long. You will need to read it through several times as you prepare your Case Brief. Make sure you start this assignment well ahead of the due date.
REQUIRED COMPONENTS
Your Case Summary and Analysis should include the following elements. I strongly urge you to use the main headings such as Introduction, Summary of the Case, Analysis and Conclusion. You may also wish to use subheadings.
I. Introduction (2 marks)
Provide an introduction that identifies the following information:
” Identify the main case you will be discussing in the assignment. (Your first footnote should include a complete and correct citation for the case).
” Provide a brief ‘road map’ to the case brief – in other words identify the topics the case brief will address.II. Summary of the Charkaoui Case
Provide a summary of the Charkaoui v Canada (Citizenship and Immigration) case by addressing the following topics:
1. Background to the Case (Cause of Action and Procedural History) (2 marks)
” Who are the parties to the proceeding, including any interveners (list only 3 interveners)?
” What is the nature of the proceeding/claim (e.g. is a declaration being sought or is it a motion, an application, or an appeal) and for what?
”
” Was the decision unanimous? If not, identity which judge(s) spoke for the majority and which judge(s) dissented. 2. Facts (1 mark)
” Summarize the relevant facts necessary to understand what the case and the dispute is all about.
3. Legal Issues (1 mark)
” What were the legal issues that the Court had to decide?
4. Applicable (or Governing) Rules (1 mark)
” Identify the main legal principles or rules (including those derived from legislation or important precedent cases) that formed the backdrop to consideration of the issues by the judges. (Note: do not go into too much detail here and do not comb through the decision for all possible rules and cases referred to. The purpose of this short section is to identify the broad legal parameters governing the dispute. Generally, judges set this information out near the beginning of their judgments.) Just list these with no citations.
5. Decision (1 mark)
” What was the decision in the case and any remedy?
6. Ratio Decidendi (1 marks)
” Identify and state the ratio decidendi of the case. (Note: only identify the ratio for the 4 Charter issues)
7. Judicial Reasoning (9 marks)
” Set out the reasons given by the Court to support their decision.
1. Discuss the reasoning of the Majority in determining whether the Security Certificate provisions of IRPA violate section 7 of the Charter of Rights and Freedoms. (5 Marks)In your response, make sure to discuss the courts reasons regarding:
” Is the judge independent and impartial,
” Is the decision made by the magistrate based on facts and the law,
” Do the procedures provide the opportunity for a person to know and respond to the case against them,
” Does the Security Certificate procedure conform to the principles of fundamental justice as embodied in section 7 of the Charter?2. If the Majority of the Supreme Court of Canada concludes that the Security Certificate procedures in IRPA have violated section 7 of the Charter, do they think that infringement can be justified under section 1 of the Charter? (3 Marks)3. Discuss the reasoning of the Majority in determining whether the Security Certificate provisions of IRPA violate sections 9 and 10(c) of the Charter and can be justified by section 1. (1 Mark)III. Analysis (3 marks)
” The Supreme Court’s decision in Charkaoui v Canada (Citizenship and Immigration) engages in balancing the governments duty to ensure the security of its citizens by detaining persons who threaten national security but the government’s actions must also follow the rights guaranteed in the Constitution.
In your opinion: Did the Supreme Court of Canada properly balance these competing concerns? (make sure to discuss key points/reasons from the case to support your opinion). IV. Conclusion (1 mark)
Provide a short conclusion to your case brief that summarizes the details and your analysis of the Charkaoui case AND the topics you discussed in this case brief (road-map).V. Note-Up the Case (3 marks)
Using Westlaw and Quicklaw to identify the treatment of the Charkaoui v Canada (Citizenship and Immigration) case by later courts, provide the following information. 1. Using Westlaw – what treatment has the Charkaoui case received by other courts?
” How many times has the decision been ‘followed’ in other cases;
” How many times has the decision been ‘considered’ in other Canadian cases;
” Provide the style of cause (name) for a Nova Scotia case that has ‘considered’ Charkaoui.
” How many times has the decision been mentioned in secondary sources? 2. Using Quicklaw – what treatment has the Charkaoui case received by other courts?
” How many times has the decision been ‘mentioned’ in other cases;
” Provide the style of cause (name) for a Federal Court of Canada case that has ‘distinguished’ Charkaoui. VI. Locating Other Cases (2 marks)1. Locate ONE more Supreme Court of Canada case about refugees/immigrants and security/terrorism (cannot be the Febles case discussed in Lecture)
” Provide the complete citation for the case at first mention.
” Provide a brief summary of the details of the case. Your summary should explain what are the facts, central reasons/arguments and outcome of the case. Note: Quality of writing and citations (3 marks)ADDITIONAL REQUIREMENTS AND INSTRUCTIONS
Length:
” Your Case Analysis should be no more than 2500 words long (approximately 10 pages). Footnotes or endnotes are not included in the word count. We will give a ‘grace’ allocation of a further 100 words for headings and cover page. You will lose marks if you go over the word limit (pro-rated at the rate of 1 mark/200 words; so you will lose 0.5 marks if you go over 100 words and 1.5 marks if you go over by 300 words and so forth.
” This word limit may seem long when you begin and short when you get into the assignment, but your ability to discern the most relevant information and to focus your Case Analysis is one of the skills being assessed in this Assignment. Pay attention to the mark allocations as a further guide to allocate your word limit.
Apportioning your Words:
” Summarize rather than directly quoting from the judgment except where you wish to comment on particular phrasing. You must provide correct citations for direct quotations from the judgments and after lengthy summaries of parts of the judgment. However, you do not have to provide a citation for every individual fact or line you summarize from the judgment.
” Be succinct on facts, issues, applicable rules and decision.
” Your statement of the ratio should not exceed 5 sentences. Allocate the longest portions of your essay to discussing judicial reasoning, and analysis of the questions. Late Penalties and Extensions
Late penalties will be assessed as follows:
” Deduction of 5% marks if the assignment is handed in after NOON on due date (plus short grace period [30 min]) but before midnight.
” A further 5% if the assignment is handed-in anytime the ‘next day’ – from 12:01am to 11:59 pm.
” A further 10% is deducted at the beginning of each following day (at 12:01am) including weekend days.
” If an Assignment is handed in more than seven days late, it will be accepted towards course completion but will receive zero marks.
You must contact Professor Bou-Zeid to request an extension before the due date. Extensions can only be granted for serious illness (with medical note) or serious family emergency (with supporting documents). Refer to the Course Outline for complete rules with respect to extensions.Other Rules and FAQs:
1. It is not acceptable to simply copy information from the headnote/editor’s summary of the case; you must create your own summary. Do not copy any material from online summaries. This will be treated as plagiarism. Case Analyses must be fully original and must be the result of individual work only. Refer to the Course Outline for rules with respect to academic integrity.
2. You do not have to include a Bibliography.
3. All citation should follow the rules of the Canadian Guide to Uniform Legal Citation (McGill Guide).
4. Pay attention to your writing. Use section headings that correspond to each component. Make sure that you use complete sentences and have a clear and logical structure. Polish your writing to ensure it is free from typographical errors. Marks are allocated for effective writing.
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