Course overview
The course introduces students to principal aspects of the foundations of Canadian law, including: (i) the basic tenets, sources, and structures of Canadian law in order to acquaint students with the judicial decision-making process in Canada, with the sources of Canadian law, with Canadian bijuralism, with the legal relationship between the state and the Aboriginal Peoples, and with the main theories that have influenced Canadian legal thought; (ii) The means by which the Canadian Constitution addresses governmental structures, procedures and powers and the ways in which individual rights and responsibilities operate in the arena of the exercise of public power; (iii) the unique set of administrative tribunals and regulatory agencies found in Canada and the specifically Canadian approach to identifying the standards the courts should apply in reviewing statutory and prerogative authorities, including (a) constitutional dimensions, (b) provincial statutes addressing the manner in which administrative tribunals are set up and function, (c) the range of judicial review statutes and remedial principles that are distinctly different from those of other jurisdictions, and the particular remedial choices that revolve around the exercise of federal statutory and prerogative powers, and (d) the Canadian law on damages for unlawful administrative action; and (iv) the Canadian criminal law, which operates in a federal system, through a Criminal Code as opposed to common law offences, the political motivations behind changes to the Criminal Code, and, most importantly, the role of the Canadian Charter of Rights and Freedoms in relation to criminal law.
Course learning outcomes
- Evaluate and apply the foundational principles of Canadian law (constitutional, criminal, and administrative law, and the ethical considerations surrounding the practice of law in Canada) to a range of problems, and undertake legal research at a foundational level with primary and secondary materials.
- Apply Canadian law to complex issues, and critique the operation of Canadian law and its law-making bodies from a policy perspective, either individually or as part of a team.
- Develop effective and concise written arguments to convince a legal audience. Communicate effectively individually and as part of a team.
- Exercise professional judgement in conducting a cooperative research project on a current topic in Canadian law. Interact effectively as a member of a team.
- Analyse the impact of Canadian law from policy perspectives, and in the context of social and cultural diversity.
- Reflect on individual ability to effectively undertake legal work as a member of a team. Utilise feedback to inform improvement in knowledge and skills development.