CaseCommentAssignment
POLC68 – Summer UTSC
CaseComment Assignment (25%)
*Due June 24th (before class 3pm) *-online submission (turnitin enabled) & hard
copy in class (title page + stapled). Essay dropbox: HL 261.
-5% per day late penalty applies – Let us know early re. accommodations/extension.
Length- Students will write a short comment for their chosen case, and a bibliography of
works and cases cited. Length – approx. 6-7 double-spaced pgs, or about 1700 words.
Overview- A case comment, as the name suggests, is an extended commentary on a
particular court case. The purpose of a case comment is to give a writer the opportunity to
assess not only how a specific case was disposed of in court, but also (1) to survey the
development of that area of the law represented by the selected case and (2) socio-
political consequences of the decision. A case comment should therefore be regarded as a
type of short interpretative essay which focuses on a particular case, but which is not
limited to a simple exposition of its details.
A successful case comment combines description and analysis. The case itself needs to be
described succinctly. At the same time the judgment must be analyzed. The analysis will
be helped by some understanding of the state of the law with which the case in question
is concerned, i.e. division of powers or Charter issue. Understanding the state of the law
means having some knowledge of legal precedent decisions in the area under
investigation. Hence a commentary will almost invariably include a brief chronicle of
how the court has decided similar cases. The point of supplying such a legal context is to
help determine not only what the law has been in a certain area but also the extent to
which the subject case affirms or departs from a line of precedents.
In short, a legal history helps highlight why the chosen case is important. How does one
determine the legal history of a particular subject matter that has come before the
courts? To begin with, the Judgment you are examining invariably will contain a list of
cases which the Court considered when reaching its decision in the present case. These
cases are in one way or another relevant precedents so you can quickly look at them to
see what courts have decided in the past in this particular area of the law. (read
summaries & your textbook (Monahan) has explanatory details about Court decisions).
Describing the details of a case and its legal context do not exhaust the requirements of
an effective case comment. For cases have not only a legal but a social and political
significance. In other words, court rulings often have weighty social and political
POLC68 – Summer UTSC
consequences, which indeed, may not be understandable outside the social and political
environment that gave rise to them. Hence in most instances a successful case comment
will draw on a wider political and social context, to better explain and analyze a specific
ruling. Such a wider context may help illuminate where, why, and how certain legal
controversies arise. The broader social and political context may be key to identifying
why a case is important enough to warrant an extended commentary.
Organization:
. 1) A case comment is not unlike a conventional essay insofar as its general structure is
concerned. It must begin with a concise introduction wherein a problem is clearly
identified–the thesis statement that is so crucial to a well-written essay. The body
of the essay must be illustrative of the thesis statement, and the conclusion must
be well-grounded in what has come before. Because case comments often deal
with controversies within the law, students should be prepared to take a strong
position when analyzing a case. This means that students should feel free to
criticize court judgments if those judgments seem inappropriate (though criticisms
should be grounded in argument.) �
. 2) While there is no established set of rules as to how to write a case comment, the
following sets out some broad parameters which may prove useful when
contemplating how to proceed: �
. 3) The paper should be arranged according to a number of specific subject headings
(of the author’s own choosing). The attraction of using subject headings is that
they can serve as a convenient map for the writer thereby facilitating the planning
of the essay. As well, subject headings may prove to be useful in deterring some
of the most common problems in essays, including the problems of repetition and
irrelevant information. �
. 4) A sensible set of initial subject headings for just about any case comment would
include: �
a) Introduction: which sets out the context for the discussion by establishing
why a specific case has been selected for commentary. Why is the case
important? What exactly will be focused on in the commentary? What is
POLC68 – Summer UTSC
the controversy? What needs to be explained? (It is often better to begin
writing your paper with a provisional introduction and rewrite it after you
have completed the paper.) �
b) Background to the Decision
-Facts: Furnish a brief digest of the facts of the case (which are to be
found in the body of a court ruling.) �
-Briefly discuss the legal history of the case. �
-Main issues: Discuss the main issues raised by the case. The main legal
issues of a �case are summarized in the brief synopsis that follows the
heading of a reported case. You should be prepared to go beyond this
synopsis when describing the main issues. This may be an occasion when
you might want to introduce extra-legal issues you think are relevant to the
case. �
-Judgments: be prepared to report accurately the judgment in the case.
This means explaining what was decided, by whom (e.g. was it a majority),
was there a minority (dissenting) written opinion?
c) Analysis
-Critically reflect of the way the judges rationalized their decisions – look
for inconsistencies, ambiguities, etc.
-Discuss the socio-political implications and consequences of this case
-Discuss the development of the law prior and after this decision
d) Conclusion: End the comment with a clear conclusion.
N.B. In researching your paper, be prepared to read not only court cases but a few
academic analyses of these cases. While there can be no hard and fast rule on how many
references are adequate to an exercise like this, it would be prudent to refer to at least
three academic sources in addition to the cases you will cite. Helpful information on how
to research legal literature can be found in Castel and Latchman, The Practical Guide to
Canadian Legal Research.
-Grading will mirror these subheadings and take into consideration: understanding and
summary of case and judgment, overall analysis, format, spelling/grammar, & references.
POLC68 – Summer UTSC
Miscellaneous Hints:
a. Decisions by the Supreme Court can be accessed directly through the internet
at �http://www.scc-csc.gc.ca/case-dossier/judgment-jugement-eng.aspx �
b. A number of decisions of lower courts in Canada can be accessed
at �http://www.canlii.org/en/index.html �
c. Samples of brief case comments can be found at The Court, an Osgoode Hall Law
School-sponsored blawg containing discussions of Supreme Court decisions:
http://www.thecourt.ca/ �
d. The best way to learn how to do a case commentary is to read a few. Case
commentaries can be found in legal journals like the Supreme Court Law Review
or Osgoode Hall Law Journal (one of many university law journals—this one is
accessible online through the University library system). The former is an
invaluable guide to legal research because it contains a review of the
Constitutional law decisions of the previous Supreme Court term. Other law
journals also attempt to supply accounts of the evolving state of the law in a
variety of areas. Some other Canadian reviews and journals of note include the
Canadian Bar Review and the National Journal of Constitutional Law. Two
Canadian legal indexes which will prove to be essential in your researches are:
Index to Canadian Legal Literature and Index to Legal Periodicals and Books,.
Both these indexes are available online through the Library electronic
resources section.
e. You should attempt to read entire cases rather than summaries. To get a sense of what
the established jurisprudence is in the area of law you are investigating, look at
the cases cited by the Court (majority) in support of its ruling in the subject case.
Also, look for case commentaries in the academic literature. �
f. It is useful to note any dissenting opinions (if written) because these opinions can give
you some indication of how controversial the majority decision is, and may
persuade you of a line of criticism of the majority. �
For other questions, please contact the TA- jason.vandenbeukel@mail.utoronto.ca
or myself.
POLC68 – Summer UTSC
To write your assignment, choose a case from the following:
1. The Queen v. Hauser, 1979 (S.C.C.) https://scc-csc.lexum.com/scc-csc/scc-
csc/en/item/6159/index.do �This is one of two cases the Supreme Court heard
concerning the constitutionality of the federal Narcotics Control Act. �
2. Westendorp v. The Queen, [1983] https://scc-csc.lexum.com/scc-csc/scc-
csc/en/item/1/index.do �This case involved a municipal-by law which prohibited
standing in the street for the purpose of prostitution. �
3. Reference re Firearms Act (Can.), [2000] 1 S.C.R. 783 https://scc-
csc.lexum.com/scc-csc/scc-csc/en/item/1794/index.do �This case involves the
federal firearms legislation and the Canadian gun registry. �
4. Rothmans, Benson & Hedges Inc. v. Saskatchewan, 2005 SCC 13, [2005] 1 S.C.R.
188 � https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2213/index.do �A case
involving a provincial government’s attempt to regulate tobacco advertising. �
5. Charkaoui v. Canada (Citizenship and Immigration), [2007] https://scc-
csc.lexum.com/scc-csc/scc-csc/en/item/2345/index.do A Charter case involving
Legal Rights
6. Vriend v. Alberta [1998] https://scc-csc.lexum.com/scc-csc/scc-
csc/en/item/1607/index.do An important case of Equality Rights
7. R v. Sharpe [2001] https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1837/index.do
A charter case about fundamental freedoms of expression
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
