Canadian Law Case Comment


When the Supreme Court of Canada (SCC) hands down a legally significant decision, legal scholars will often respond by writing a concise kind of law journal article called a case comment. The case comment offers a summary of the facts of the case, an analysis of the reasoning behind the decision, and a discussion of the wider context of the case as well as its likely future significance. Its purpose is to inform the legal community while helping to catalyze debate among lawyers, law students, and other observers of the Court.
In this course, you are required to write your own case comment on any one of the twenty landmark SCC cases listed below. The case comment should begin much as the case brief does, by providing the reader with a précis of the case: the facts, the main legal issues, the holding, and the reasons given for it. But it should go further than the case brief to also provide the reader with relevant context as well as an original, thought-provoking analysis of the case and its significance. Depending on which case you’re writing about, you may find it worthwhile to address questions such as: Does this decision mark a break with the Court’s previous approach to the legal issue at hand? Does it resolve an issue that had previously been disputed or poorly understood? Does it leave unresolved an issue that the Court will have to return to in the future? Does the decision lay out a new rule or perhaps a new interpretation of an existing rule? What are the likely effects of the decision in terms of public policy? Does it prevent the government from passing certain kinds of laws or perhaps compel it to legislate on the issue at hand in a new and different way?
Your case comment should be written in proper academic prose, with formatting and citations that conform to a recognized style (e.g., Chicago, MLA, APA, etc.). You are expected to cite your chosen case as well as any other SCC cases you deem relevant, plus a minimum of at least five good-quality outside sources; the latter may include textbooks, academic journal articles, case comments, and press or online commentary. Get started early. The case comment assignment requires preparation and hard work, and extensions will only be granted in the most exceptional and pressing of circumstances.

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550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
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