TASK:

Read the case of Halpern v Attorney General.

Read through the Halpern case with an eye to the ‘framing question' given and write a short sample Case Brief of the decision. Your sample should be no longer than 1750 words. You do not need to focus too much upon literary polish.

This is a reading and drafting exercise for the purposes of review and discussion in your tutorial. You will learn from one another about what you think is required for a Case Brief and compare how you have read the case.

1. What is the correct, complete citation for the Halpern case?

2. Draft a case brief of the Halpern case containing the following elements:

2.1 Cause of Action

• Identify the parties to the case and the nature of the claim

2.2 Facts

• Summarize the relevant and material facts that are necessary to understand what the dispute and legal case was about.

2.3 Legal Issues

• What were the legal issues for resolution in the case were identified by the Court of Appeal?

2.4 Applicable (or Governing) Rules

• In approaching resolution of the case and consideration of the legal issues, what main legal principles (case law) or legislative provisions were identified by the judges as forming the legal framework for the case?

2.5 Decision

• What was the decision in the case?
• What remedy did the court order, if any?

2.6 Judicial Reasoning

• Outline the reasoning of the judges with respect to the following points:

Common law definition of marriage
Approach to constitutional interpretation as it relates to defining marriage
Equality law and s15 of the Charter
Reasonable limits in s1 of the Charter

2.7 Ratio Decidendi

Identify and state the ratio decidendi arising from the majority decision in the case

3 In summary and conclusion, based on a case, what shift(s) occurred in judicial decision-making on same sex marriage in the Halpern case?