This seminar considers the adjudication process in constitutional litigation. We will cover questions of procedure, evidence (adjudicative and legislative) and judicial notice. A key focus is on the importance of remedies as an initial consideration, not as an afterthought. Debate, questions, banter and discourse are encouraged.
The seminar involves working through problems in small groups and presenting positions in class. Students will participate in the preparation of, and advocacy in, a constitutional case. A final factum and moot before a panel of three judges will complete the course with students receiving both oral and written feedback.
Seminar topics may include: the role of the courts in constitutional litigation; commencing a constitutional case; drafting pleadings; government action under s.32 of the Charter; standing; selecting the appropriate court and procedure; mootness, interventions; role of the Attorney General; evidence in constitutional cases, proving constitutional facts, the role of experts and drafting effective affidavits, examination of government witnesses, presentation and assessment of social science data in the adversarial system; drafting constitutional arguments and presenting them effectively; oral advocacy; the importance of remedies for constitutional infringements; litigation strategies for public interest groups and case studies.