ASSIGNMENT – TASK
Provide a summary and analysis of “Special Issue: Health Law With Disabilities on Canadian Jurisprudence: the Case of Leobrera v. Canada” by Ravi Malhotra (available in the Assignment 2 Folder on Brightspace) and discuss how the article fits in the broader literature concerning immigration/refugees.
Your summary and analysis should include ALL parts below and address ALL questions asked. Use the major headings of the parts below in your essay.
ASSIGNMENT – REQUIRED COMPONENTS
Section One: Journal Articles
Part I: Introduction (1 Mark)
Provide an introduction to the “Special Issue: Health Law With Disabilities on Canadian Jurisprudence: the Case of Leobrera v. Canada” by Ravi Malhotra that includes the following information:
Introduce the article you will be analyzing in the assignment. Be sure to provide the name of the author, the name of the article, and the year the article was published.
At the time of writing this article, is the author an academic? (Note: This section does not require a citation)
Note that your first footnote should provide a correct citation for the article.
Part II: The Author’s Research Project (3 Marks)
Describe the framework for the author’s research project by providing the information to answer the following questions:
What central research question does the author deal with in the article?
What research methods does the author use to gather information for the article? (i.e., what types of evidence do they rely upon?)
How does the author structure the article (i.e. what major topics did the article cover)?
Part III: Summary of the Article (12 Marks)
Provide an analysis of the article. Be sure to answer each of the following questions:
What is the author’s thesis? (2 Marks)
Summarize the authors main arguments on the legislative and jurisprudential history of disability-based exclusion in Canada. (4 Marks)
Summarize the authors main arguments on the Convention on the Rights of Persons with Disabilities and its value as a potential legal tool. (3 Marks)
The author states that that the Federal Court’s opinion in Leobrera was ironic. What does the author mean by this? (3 Marks)
Part IV: Provide Your Opinion (4 Marks)
Based on your reading of the Malhotra article, to what extent do you agree or disagree with Canadian policies regarding admission policies for immigrants with disabilities or their dependents? (Provide TWO reasons with supporting arguments and evidence from the article you read).
Instructions: Use specific reasons and examples to support your answer. This answer should be made up of a small introduction line to introduce the topic and give your clear answer to the question (I fully agree or disagree). Followed by, main reason 1 and why you agree or disagree, give examples and supporting details; main reason 2 and why you agree or disagree and give examples and supporting details; and conclude by restating your opinion.
Part V: Locating Secondary Sources (3 Marks)
You are required to find, cite and annotate ONE relevant source on the subject of immigrants or refugees and disability.
The source must be a peer reviewed journal article;
Hints:
You must properly cite the source at first mention.
The quality of the source will be considered in your grade.
The annotation should be approximately 2-4 paragraphs.
1) Write a concise annotation that summarizes the central theme and main argument.
2) Detail the process used to locate the source: for example, what databases did you use to locate the source, what keywords did you use, how many articles did you find, did you have to refine your search, how did you confirm the article was from a peer-reviewed journal?
Section Two: Government Documents and Statutes
Part I: Locating a Government Document (3 Marks)
You are required to find, cite and annotate ONE relevant source on the subject of refugees/immigrants in the Canadian context.
The source must be a government document (parliamentary or non-parliamentary).
Hints:
You must properly cite the source at first mention.
The quality of the source will be considered in your grade.
The annotation should be approximately 2-4 paragraphs.
1) Write a concise annotation that:
(a) summarizes the central argument and main points from the source,
(b) explains how the document contributes to the discussion of immigrants/refugees in Canada.
2) Detail the process used to locate the source: for example, what databases did you use to locate the source, what keywords did you use, how many sources did you find, did you have to refine your search, how did you confirm the source was a government document?
Part II: Locate the Immigration and Refugee Protection Act (1 mark)
Locate the Canadian Immigration and Refugee Protection Act, Inadmissibility sections: ss 33-43.
Include a complete and correct citation of this act.
Summarize the legislative purpose for enacting sections 33-43. What is/was the goal of enacting this law? (100-150 words)
Part III: Update the Statute (1 mark)
Update Part 3 of the Immigration and Refugee Protection Act
List 3 sections from Part 3 of IRPA that have been added, amended or repealed.
This is the format you should use (example): section 125 was amended in 2011.
Note: This section does not require a citation.
Part IV: Previous version of the statute (1 mark)
Section 35(1)(2) of the Immigration and Refugee Protection Act existed in a previous version of the Act.
Locate the previous version of this section and explain what changes were made to this section. (50 words)
Note: This section does not require a citation.
Part V: Delegated Legislation: Immigration and Refugee Protection Regulations (1 Mark)
Locate the Immigration and Refugee Protection Regulations.
Provide the correct citation for this regulation.
Briefly explain what is the objective of sections 34(1)(2)(3) (100 words)
Part VI: Locate Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger. (3 marks)
Include a complete and correct citation for the bill.
On what date did this bill achieve royal assent, if it has not received royal assent at what stage is the bill at today? (Note: This section does not require a citation).
At the House of Commons Standing Committee on Citizenship and Immigration, Meeting 17, describe the arguments detailed by Avvy Yao-Yao Go (Lawyer) from the Metro Toronto Chinese and Southeast Asian Legal Clinic. Does she support or have concerns about this bill? (100-150 words) (Note: This section does not require a citation).
Who gave the first speech in favor of this Bill at Second Reading in the House of Commons and provide a short summary of their main argument in support of the Bill? (100-150 words) (Note: This section does not require a citation).
Citation (5 marks)
Ensure that you provide proper footnotes or endnotes using correct form following the Canadian Guide to Uniform Legal Citation (McGill Guide), 10th Edition. All sources must be cited in either footnotes or endnotes.
Spelling, Grammar, Writing Style and Structure of Essay (2 Marks)
Pay attention to your writing. Use section headings that correspond to each major part of the assignment (e.g. Part I – Introduction). Make sure that you use complete sentences and have a clear and logical structure. Review, revise and edit your essay to ensure it is free from typographical and grammar mistakes.
ADDITIONAL REQUIREMENTS AND INSTRUCTIONS
Title Page: Include a title/cover page with your name and student number, course name and number and Assignment Title.
Spacing and Font: Use double-spacing except for block quotes. Font should be Arial 11 pt or Times New Roman 12 pt with regular page margins. Insert page numbers.
File Format Submit your file in MS Word or as a PDF. Do not submit in Mac Pages. This creates conversion and compatibility issues.
File Naming: Name your file using this protocol: your last name and first initial (e.g. SmithD).
File Submission: The assignment must be submitted electronically via Laws 2908 Brightspace Assignment Link.
Length:
Your Summary and Analysis should be no more than 3000 words long (approximately 12 pages). Footnotes or endnotes and the Bibliography are not included in the word count. We will give a ‘grace’ allocation of a further 100 words for headings and cover page. You will lose marks if you go over the word limit (pro-rated at the rate of 1 mark/300 words; so you will lose 0.5 marks if you go over 150 words and 1.5 marks if you go over by 450 words and so forth.
This word limit may seem long when you begin and short when you get into the assignment, but your ability to discern the most relevant information and to focus your analysis is one of the skills being assessed in this Assignment. Pay attention to the mark allocations as a further guide to allocate your word limit.
Summarize rather than directly quoting from the article except where you wish to comment on particular phrasing. You must provide correct citations for direct quotations from the article and after lengthy summaries of parts of the article. However you do not have to provide a citation for every individual fact or line you summarize from the article
CITATIONS HAVE TO BE “Ensure that you provide proper footnotes or endnotes using correct form following the Canadian Guide to Uniform Legal Citation (McGill Guide), 10th Edition. All sources must be cited in either footnotes or endnotes.”
