CHARTER OF RIGHTS AND FREEDOMS
CASE PRESENTATION
“Civil rights and liberties govern the relationship between individuals and the state and the relationship and
interactions between individuals. This is the basis on which a free society rests.”
Students will create a legal team (of 2) which will argue for or against the validity of federal or provincial
legislation under the Charter of Rights and Freedoms at the Supreme Court of Canada.
Each legal team will argue their position on the following criteria:
1)
2)
3)
4)
The specific section of the Charter that is being referred to.
Is the limitation of the right reasonable? Use the Oakes Test to
defend your position.
The specifics of the particular case.
The social ramifications of the decision for which they are
arguing.
Your legal team will present an opening statement, 2 arguments and a closing statement. All arguments must
be logical and founded in a concept of justice and equal treatment under the law.
The teams will argue their position in front of a Supreme Court whose 9 justices will be made up of their
classmates. The justice will decide in favour of one of the legal teams and evaluate them.
Cases:
1.
2.
3.
4.
5.
6.
R v. Tessling (2003)
The Canadian Foundation for Children, Youth and the law v. The Attorney General of Canada
R v. Keegstra (1990)
RJR-McDonald Inc. v. Canada (AG) (1994)
R v. Collins (1984)
R v. Parker (2000)
CHARTER CASE PRESENTATION
TEACHER EVALUATION
CASE: ________________________________________________________________________
LEGAL TEAM: ________________________________________________________________
LEVEL 1
LEVEL 2
Knowledge &
Understanding:
Knowledge of legal
concepts and case.
Thinking & Inquiry:
Evidence of research
and analytical skills.
Demonstrates
limited knowledge of
legal concepts and
case.
Demonstrates
research and
analytical skills with
limited effectiveness
Demonstrates some
knowledge of legal
concepts and case.
Communication:
Oral presentation
made in a clear and
organized manner.
Application:
Makes logical and
persuasive
conclusions based on
legal argument.
Oral presentation
shows limited clarity
and organization.
Oral presentation
shows some clarity
and organization.
Makes conclusions
with limited
effectiveness.
Makes conclusions
with some
effectiveness.
Demonstrates
research and
analytical skills with
some effectiveness
LEVEL 3
Demonstrates
considerable
knowledge of legal
concepts and case.
Demonstrates
research and
analytical skills with
considerable
effectiveness
Oral presentation
shows considerable
clarity and
organization.
Makes conclusions
with considerable
effectiveness.
COMMENTS:
LEVEL 4
Demonstrates
thorough knowledge
of legal concepts and
case.
Demonstrates
research and
analytical skills with a
high degree of
effectiveness
Oral presentation
shows a high degree
of clarity and
organization.
Makes conclusions
with a high degree of
effeciveness.
MARK
/20
/10
/10
/20
CHARTER CASE PRESENTATION
JUSTICE EVALUATION
JUSTICE: ____________________________________________________________________
CASE: _______________________________________________________________________
GOVERNMENT: _______________________________________
Knowledge & Understanding:
Knowledge of legal concepts and case.
2
4
6
8
10
Thinking & Inquiry:
Evidence of research and analytical skills.
1
2
3
4
5
Communication:
Oral presentation made in a clear and organized
manner.
1
2
3
4
5
Application:
Makes logical and persuasive conclusions based on
legal argument.
2
4
6
8
10
TOTAL MARK
/30
DEFENCE: ___________________________________________________________________
Knowledge & Understanding:
Knowledge of legal concepts and case.
2
4
6
8
10
Thinking & Inquiry:
Evidence of research and analytical skills.
1
2
3
4
5
Communication:
Oral presentation made in a clear and organized
manner.
1
2
3
4
5
Application:
Makes logical and persuasive conclusions based on
legal argument.
2
4
6
8
10
TOTAL MARK
/30