Write a short essay that provides a summary and analysis of the Supreme Court of Canada (SCC) decision in the following case: R v Labaye, (2005) SCC 80, [2005] 3 SCR 728.

ASSIGNMENT

Write a short essay that provides a summary and analysis of the Supreme Court of Canada (SCC) decision in the following case: R v Labaye, (2005) SCC 80, [2005] 3 SCR 728.  (The case can be downloaded from the Assignment 2 folder on Brightspace.  Please note that the copy of the case uploaded on Brightspace has been edited by Professor K to delete sections that are not relevant to this assignment.)

*Note that this assignment will incorporate the summary of R v Labaye that you completed in Assignment 1 – including any corrections made after feedback from Assignment 1.

Your essay should include the following elements:

1. Introduction (2 marks)

Provide an introduction that identifies the following information:

• Identify the name of the case you will be discussing in the essay.  (Your first footnote should include a complete and correct citation for the case).
• Provide a brief ‘road map’ to the essay – in other words identify the topics your essay will address
• Provide a thesis statement that identifies and briefly explains the main argument you will advance in your analysis. (In this assignment, your thesis statement should relate to Part III.5 of the assignment – namely whether you prefer the approach to the issues of harm and morality adopted by the majority reasons or dissenting reasons in the SCC decision).

1. Summary of the R v Labaye case (5 marks)

You must include the summary of the R v Labaye case that you completed in Assignment 1 – including corrections to all errors that were identified when Assignment 1 was marked.  Failure to address the errors in Assignment 1 will lead to mark deductions.

III. Analysis:

Provide an analysis of how the SCC decision in R v Labaye can be analyzed from two different theoretical perspectives: Legal Liberalism and Natural Law Theory.   Your analysis should consider both the majority reasons and the dissenting reasons and should include the following elements:

1. Identify the main elements of Legal Liberalism theory. (3 marks)
2. Explain how the majority reasonsof the SCC decision in R v Labaye reflects aspects of Legal Liberalism. Be sure to provide specific references to paragraphs in the SCC decision to support your explanation. (2 marks)
3. Identify the main elements of Natural Law theory (3 marks)
4. Explain how the dissenting reasons in the SCC decision in R v Labayereflects aspects of Natural Law Theory.  Be sure to provide specific references to paragraphs in the decision to support your explanation.  (2 marks)
5. Identify whether you prefer the approach to the issues of harm and morality adopted by the majority reasons, or the approach adopted by the dissenting reasons and explain why. (2 marks)

 

1. Conclusion (2 marks)

Provide a short conclusion to your essay that identifies the main points in your analysis and that highlights the reasons supporting your thesis concerning whether you prefer the approach to the issues of harm and morality adopted by the majority reasons, or the approach adopted by the dissenting reasons.

 

1. Style, Structure, Grammar and Citations (3 marks)

There are 3 marks allocated to allocated to quality of writing style, grammar, structure and citation.  Students must include footnotes and a bibliography using the citation format of the Canadian Guide to Uniform Legal Citation (McGill Guide).