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CANADIAN LEGAL SYSTEMS CRIM 1107 A10 & A11, SUMMER 2021 CASE BRIEF #1: ASSIGNMENT INSTRUCTIONS This assignment requires you to write a case brief summarizing the decision of the Supreme Court of Canada (SCC) in Frank v. Canada (Attorney General), 2019 SCC 1. After reading these instructions and the “How to Write a Case Brief” guide available on Moodle, begin by locating the decision on CanLII, printing it out, and closely reading it in its entirety (although see the note below re. Justice Rowe’s concurring decision). Once you have carefully read the decision, draft a formal case brief (using complete sentences and paragraphs where applicable) that includes each of the following seven sections: Facts (one paragraph) Procedural History (one or two sentences) Issue (stated in question form) Decision ➢ State the decision of the SCC only; do not include the decisions of the lower courts. This should be one sentence. Reasons for Decision (Majority) ➢ Again, only summarize the reasoning of the SCC’s majority decision (not the lower courts) written by Justice Wagner. Note that you do not need to read or summarize the decision of Justice Rowe. The two reasons sections should be the longest parts of your case brief. Consider: how did the court structure its analysis? What were the steps and/or tests it used in coming to a decision on s. 3? What were the steps and/or tests it used in coming to a decision on s. 1? Reasons for Decision (Dissent) ➢ Same as above, but summarize the reasons for decision of the dissenting decision written by Justices Côté and Brown. Ratio (one sentence written in your own words) For help, refer to the course readings (weeks 1-3), your class notes and exercises, and the Smith case brief example completed in class. Expectations and evaluation Your case brief should be clear and organized; precise language and succinctness are very important. The objective of the case brief is to demonstrate your understanding of the key facts, issues, and legal arguments in the case. You will be evaluated on the correctness of each section and the overall quality of your case brief. This assignment aims to challenge and improve your legal analysis skills and academic and legal writing ability. No outside research is required or permitted. Please review the grading criteria sheet for this assignment posted on Moodle. 2 All sources, including any course materials and the decision itself, must be cited. You may directly quote or paraphrase the decision, but you must indicate the paragraph number(s) to which you are referring at the end of each sentence in question. For this assignment, you may use simplified in-text citations formatted as follows: Case, paragraph number (e.g. Frank, para 23). Only quote and paraphrase from the full text of the decision (the numbered paragraphs); headnotes are never quoted or cited in a formal case brief. Assignment requirements Your assignment cannot be more than 800 words in length total. Please follow these guidelines for formatting and submitting your assignment: a. Use the seven headings set out above to organize your case brief, b. do not include a cover page, c. state your full name, course code and section number (CRIM 1107 A10 or A11), and the date at the top of your assignment, d. use 12 pt. Times New Roman font, 1-inch margins, and single-spaced text, e. insert page numbers in the upper right-hand corner, f. state the total word count at the end of your assignment. An electronic copy (.doc(x) or .rtf only) of the assignment is due via Moodle by end of the day (11:59pm Pacific) on Wednesday, June 16th. This assignment is worth 20% of your final grade in the course. As stated in the course syllabus, late assignments will be subject to a penalty of 5% per day. If you have not already done so for another course, you must complete the Academic Integrity Moodle Course prior to submitting this assignment. Students who do not demonstrate completion of the tutorial by displaying the Academic Integrity badge on their Moodle profile will not receive a grade for this assignment until the tutorial is completed. https://libguides.kpu.ca/academicintegrity/tutorial https://libguides.kpu.ca/academicintegrity/tutorial