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I need a charter case brief of the R. v. Albashir case of 2021. I have also included an image of a sample case brief

I need a charter case brief of the R. v. Albashir case of 2021. I have also included an image of a sample case brief in case you need it. This case brief requires:

- Citation: a neutral form of case citation.

- Facts: help the reader understand what led to the current court action.

  • start with introductory sentence
  • present in chronological order
  • only include facts accepted or proven in court
  • include statement of relevant law
  • include summary of complaint
  • include evidence and arguments presented in court
  • conclude with summary of actions taken by lower courts

- Issue:

  • state the legal questions that must be answered by the court
  • questions of fact, law, or both
  • may also include related arguments
  • keep issues separate with numbering
  • should all be resolved in Rationale section

- Decision: this should be a brief statement of the legal result, no more than a single phrase or sentence.

- Rationale: this is an explanation of the court's reasoning. Was the basis stare decisis or current considerations? Ensure that each issue is addressed.

- Analysis: this is your opportunity to demonstrate your understanding of the decision, including its context and significance.

  • based on your opinions
  • discuss impact on the law
  • discuss motivations of the judges
  • discuss consequences on the Canadian society
  • make connections to course content
  • did the court get it right?
image text in transcribed
Citation: Black v. Chretien (Prime Minister) (2000), 47 O.R. (3d) 532 (Ont. s.c.J.) Facts: The U.K. government nominated Conrad Black for a peerage in Britain's House of Lords. When the nomination was forwarded to the Queen, Prime Minister Chretien told the Queen that the peerage would violate Canadian law. Black sued the Prime Minister and the Government for a declaration that the Prime Minister had no authority to advise the Queen not to appoint him, that the Prime Minister wrongly and in an abuse of power intervened, and that the Government negligently misrepresented to him that he could receive the peerage if he became a U.K. citizen. He also sought damages for abuse of power or negligence, negligent misrepresentation, and malfeasance. The defendants brought a motion to strike all claims except negligent misrepresentation. Should Black's claims be struck for not disclosing a cause of action? Decision: All the claims except negligent misrepresentation were struck. Rationale: A claim will be struck where it is plain and obvious that it discloses no cause of action. These claims do not involve actions pursuant to a statutory authority. The claims all involve the Prime Minister and Government's exercise of their prerogative in relation to honours and in relation to foreign affairs. As such they are non- justiciable and cannot be dealt with by the courts. As they cannot be dealt with by the courts, they do not disclose a reasonable cause of action. Analysis: Despite the fact that Mr. Black's character and reputation have been called into question in the media, it does seem unfair that the federal government was able to interfere with him receiving this award. It is unclear whether the government would have taken the same action with an individual who, at the relevant time, was held in higher regard. In such a case, they might act differently with an eye toward re-election. This decision might serve as a precedent to legitimize arbitrary interference in citizens' lives in the future. At the same time, it is important to uphold the government's prerogative over foreign affairs. There may be considerations, here, that go beyond the interests of one individual

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