Women Legal Studies

A précis should be short (1–2 pages), but contain the essential points that your paper will cover. Your essay should be 17-18 pages long and should incorporate proper citation references when you quote or borrow material from case law or other sources. AU students are expected to adhere rigourously to principles of intellectual integrity. Refer to the Academic Misconduct Policy for more details.

The essay is worth 70% of your final grade; the précis is worth 5% of your final grade. The précis should be submitted after Unit 7; the essay should be submitted after Unit 11.

Submit the précis via this assignment drop box.

Essay Questions

1. During this course, we have examined feminist legal strategies to affect social change. Write an essay detailing, in your opinion, the most successful example of this activity. Your example need not be restricted to cases studied in the course, but it must relate to an issue of women’s rights arising under the Charter, and it must demonstrate an adequate understanding of the principles and issues covered here. Explain the issue, the position adopted by Canadian feminist groups and/or individuals and why you think the strategy was a success.

Women Legal Studies

Case

J. Clarke was convicted of sexual assaults involving children. After serving a short jail sentence, he was prohibited from “loitering” near any playgrounds, school yards or public parks. This prohibition was made subject to a special provision of the Criminal Code.

On two occasions, Clarke was stopped by police who noticed him carrying a camera with a telephoto lens in a public park; he was near a place where children were playing. Police asked if he had a criminal record; he replied honestly. On the first occasion, he was warned that a convicted sex offender was not permitted to loiter near a public park, school yard or playground. On the second occasion, he was arrested and criminally charged.

At his new trial, Clarke argued that the Criminal Code provision allowing for the prohibition against loitering near any playgrounds, school yards or public parks infringed his right to liberty under section 7 of the Charter, because it included too broad a range of places that he could no longer visit.

Question

Assume that the court agrees that Clarke has presented a prima facie violation of section 7 of the Charter. What happens next? Explain the legal questions that must be answered. Describe the arguments that both Clarke and the Crown Prosecutor would likely make in relation to those legal questions.

Do not concern yourself with the prima facie violation, since it relates to a section of the Charter (section 7) not explicitly addressed in this course. This problem probes whether you have correctly understood the structure of a Charter claim. Therefore, you need not reach a conclusion about whether Clarke’s Charter argument is correct. Similarly, you need not concern yourself with possible remedies that the court might impose.

Women Legal Studies

Case

J. Clarke was convicted of sexual assaults involving children. After serving a short jail sentence, he was prohibited from “loitering” near any playgrounds, school yards or public parks. This prohibition was made subject to a special provision of the Criminal Code.

On two occasions, Clarke was stopped by police who noticed him carrying a camera with a telephoto lens in a public park; he was near a place where children were playing. Police asked if he had a criminal record; he replied honestly. On the first occasion, he was warned that a convicted sex offender was not permitted to loiter near a public park, school yard or playground. On the second occasion, he was arrested and criminally charged.

At his new trial, Clarke argued that the Criminal Code provision allowing for the prohibition against loitering near any playgrounds, school yards or public parks infringed his right to liberty under section 7 of the Charter, because it included too broad a range of places that he could no longer visit.

Question

Assume that the court agrees that Clarke has presented a prima facie violation of section 7 of the Charter. What happens next? Explain the legal questions that must be answered. Describe the arguments that both Clarke and the Crown Prosecutor would likely make in relation to those legal questions.

Do not concern yourself with the prima facie violation, since it relates to a section of the Charter (section 7) not explicitly addressed in this course. This problem probes whether you have correctly understood the structure of a Charter claim. Therefore, you need not reach a conclusion about whether Clarke’s Charter argument is correct. Similarly, you need not concern yourself with possible remedies that the court might impose.