Briefing a Case FIDS Case Analysis

FACTS What are the ESSENTIAL facts of the case? Why was this case brought to the court of first instance? Why was this case brought to the current court level? It is likely the analysis will be an appeal, there part of the facts will include those original trial decisions as mentioned above If you are reading a SCC case (which today you will be) then part of the FACTS are the decisions of the lower courts

FACTS Important details to know about the case: Who has brought the case to the SCC (Plaintiff? The Crown?) Who is the defendant in the original case(s)? Only relevant details are included (possibly a section of a law that is the focus of the trials

ISSUES What are the question(s) the SCC court is being asked to answer? Is the decision of a lower court being disputed? Why? Very often (BUT NOT ALWAYS) the questions will be noticeable as they will be asked as “whether...or whether or not…” For example- Childs vs. Desormeaux, the SCC was asked whether social hosts were liable to third parties who might be injured by the actions of their quests This will be the shortest part of your FIDS analysis

Decision The decision is where you will summarise the RATIO of the court included the FINAL court decision- the decision of the LAST COURT- in this case the SCC Make sure you are aware if all the judges agreed What is the specific reasoning of the LAST court- there may be a list of various issues they are addressing The decision of the lower courts are not included in the decision section

Significance Your Turn- what do you feel/know is the social significance of the ruling of the final court? What does it mean to the Canadian public? Justify what you say- do not ever just state your opinion- you must justify- if it helps you can consider the ramifications if the court decided in the other way This is for you to show you understand the practical implication of the ruling

Format One page MAXIMUM Each section is included with a subheading that is Bolded- ex. FACTS Title: the case citation Excerpts from the case are expected in the DECISION part of your analysis