I. THE TASK
Research and write a paper addressing one of these topics:
Topic: Have provinces properly constrained their use of the override clause in section 33 of the Canadian Charter of Rights and Freedoms?
My thesis: The provinces have mostly constrained their use of the override power. (though there has been an increased use of the power in recent years. However, the provinces have generally confined their use of the power, even though Quebec has used it a lot)
II. COMPONENTS OF THE ASSIGNMENT
1. Introduction:
(This section provides a quick overview of what the paper is about)
- Provide a sense of the overall topic/context for your paper (
- Articulate your thesis early in the introduction (explain what you will do in this paper. Speak in the first person)
- Provide a roadmap for the analysis (state the sections found in the next part) (look at the sample for an idea)
2. Background and Analysis:
- Use several sections (and sub-sections if appropriate) to develop the (legal, and if applicable, extra-legal) arguments in support of your thesis
- Give a brief explanation of the section 33 power. What it means. How it adds to the Canadian legal system
- Incorporate and refute any viable counter-arguments (since Quebec has arguably overused this power, you should mention that and bring a counter-argument that basically says “although Quebec has used this power a lot, it is still relatively constrained”
Remember, this is not the only thing to discuss.
You have to first present arguments on how the provinces have constrained their use of the power. This is not too hard because, in Canada, only three provinces have used this power (you can do this in one or two headings, aside from the aforementioned one on Quebec)
- Use primary and/or secondary sources to support your arguments (use mostly academic and legal journal articles. Use recent year sources. Note: one of the articles online is not up to date with their information)
3. Conclusion:
- Briefly re-state your thesis and summarize the main points that support it.
- Do not introduce new ideas
4. Bibliography:
- List all of the sources (primary and secondary) referred to within the paper.
- See the Guide to Uniform Legal Citation for categories within the bibliography (you can find the guide to this McGill citation on https://guides.library.queensu.ca/legalcitation-mcgill-9th/journal-articles
- Note that the format for bibliographic recording differs from the footnoting format for certain sources
III. STYLE: ORGANIZATION AND COMMUNICATION
1. Effective Communication of Ideas and Concepts:
- Ensure that the overall organization clearly leads the reader through the analysis.
- Use headings and subheadings effectively.
- Ensure proper sentence structure, grammar and editing.
- Ensure proper formatting.
2. Proper Legal Citation and Overall Conformity with the Canadian Guide to Uniform Legal Citation
Sample Cover Sheet
Research Paper
Submitted by [insert name]
Word Count = [insert word count]
November 26, 2023 Legal Research and Writing Fall 2023
