Writing Assignment

Legal Research and Writing

IMM103

Student First Name: Noble

Student Last Name: Augustine

Student ID Number: 672268468

Instructor Name: Yeuchuan Choo

Date: June 9,2020

Instructions: 1. Read instructions carefully.

2. Attempt all questions.
3. Due date: June 10, 2020

RESULTS:

TOTAL: /40
 Legal Research and Writing (IMM103) Writing Assignment– Page 1 of 3

INSTRUCTIONS

Please complete each of the two parts of this assignment as instructed.

Part One: Please answer the following questions – 15 Marks

1. Before preparing outgoing correspondence, what resources do you need? 2 Marks

 All mail must include a delivery address and a return address.

 Type or machine print all address information
 Use uppercase letters
 Omit punctuation
 Use two-letter state abbreviations
 Put City, State, and Zip + 4 in that order on last line. Note: if you wish to include an “Attention” line it should
appear as the second line of the address

1. What is the commonly accepted length for a business letter? 2 Marks

A letter should generally not exceed two pages. If three or more pages are required, consider preparing a separate
report for attachment to the letter.
2. What are the three basic letter styles used in a law office? 3 Marks

There are three main styles of business letter: block, modified block, and semi-block styles. Each is
written in much the same way, including the same information, but the layout varies slightly for each one.
3. True or false? When using open punctuation, punctuation marks are required at the end
of the salutation and the complimentary closing. 1 Mark
It is false. In an Open Punctuation Style letter there is: No punctuation at the end of
the salutation and complimentary closing.
4. What is the name of the formatting style used when the date line and the complimentary
closing begin at the left margin? 1 Mark
Block style. In Block Style, all lines begin flush with the left margin, including the sender's address,
the date, the complimentary close and the signature, as illustrated in the example found in section 10.26
Model letter.

© 2016 October 18, 2016

5. The signature block appears directly above: 1 Mark
(a) the copies notation
(b) the enclosures notation
(c) the reference initials
(d) the sender’s name
Answer: the sender’s name

6. What is the spacing between the inside address and the date line? 1 Mark
a.single space
b. double space
c.triple space
d.varies depending on the length of the letter
Answer: double space

7. The subject line of a letter is located: 1 Mark

a.above the inside address
b.between the salutation and the body
c.between the attention line and the salutation
d.above the date line
Answer: between the salutation and the body

8. Why a memo, rather than a letter would, be used within an office? 1 Mark
A memo (or memorandum, meaning “reminder”) is normally used for communicating policies,
procedures, or related official business within an organization. It is often written from a one-to-all
perspective (like mass communication), broadcasting a message to an audience, rather than a
letter, which is a one-on-one, interpersonal communication. 

9. What is the advantage of using a template when preparing a letter, court document,
or memo? 2 Marks
Utilizing the same template repeatedly ensures consistency among all your documents — all
the important information will be readily included, and any specifics for each new document can
be easily imported
Part Two: Writing Exercise – 25 Marks

Please find the following case - Ferguson v Canada (Citizenship and Immigration), 2008 FC
1067 (CanLII)

Draft a 500-700 word summary of this case (in your own words), based on your analysis of the
case.

When drafting your summary, please consider the following:

 Create title page at top middle portion of page: Ferguson v Canada, My Analysis
 Type your first and last name at bottom right side of title page
 Font throughout: Times New Roman
 Font Size throughout: 12
 1.5 spacing throughout

Formatting Instruction: 5 Marks

Spelling, Grammar, and Punctuation: 10 Marks

Essay: 10 Marks

Please note that 1 mark will be subtracted for each mistake or omission.
 Ferguson v Canada, My Analysis

Noble Augustine
 Ferguson v Canada, My Analysis

The Respondent says that the PRRA officer rejected the application because there was insufficient
evidence presented to prove, on the balance of probabilities, that the Applicant is lesbian. The
Applicant says that the Pre-removal Risk Assessment (PRRA) Officer rejected her application because
he did not believe that she was lesbian. Under the heading “Supporting Evidence” two types of
documents were listed, news articles and affidavits, which she indicated would support her requests
for protection by providing “objective proof of risk".

Ferguson’s sexual orientation is found at the end of her former counsel’s submissions where she
writes: Respecting the fact that the objective documentary evidence reveals the persecution of
members of the Applicant's particular social group is commonplace in Jamaica.

For the purpose of determining whether a hearing is required under paragraph 113(b) of the Act, the
factors are the following: (a) whether there is evidence that raises a serious issue of the applicant's
credibility and is related to the factors set out in sections 96 and 97 of the Act; b) whether the evidence
is central to the decision with respect to the application for protection; and (c) whether the evidence, if
accepted, would justify allowing the application for protection.

The Applicant's position is that they were; the officer's rejection of her application was based on the
rejection of her evidence that she was openly lesbian, and thus the decision rested on her credibility.
The Respondent takes the position that the decision was not based on credibility, but rather on a
finding that there was insufficient evidence presented.

In response, the Applicant submitted that it is common practice for immigration counsel to file written
submissions on behalf of clients which include statements of evidence and that there is nothing in
either the Act or Regulations or in the policy and procedures of the Respondent that would indicate
that such evidence is not to be considered.

In this instance, the Applicant’s statement on the face of her application that submissions were to
follow may have been sufficient to alert the officer that those submissions might also contain evidence
in addition to reasons and explanations. Counsel for both parties appeared to be of the same mind
that, in the words of Respondent counsel, there is no principled approach to the issue of credibility
versus sufficiency of the evidence to be gleaned from these authorities.

In each instance the Court was required to make a determination as to whether, in the decision under
review, “there is evidence that raises a serious issue of the applicant’s credibility”, to use the words of
section 167 of the Regulations.

Noble Augustine