Constitutional Litigation

Quick Info
(3630.03)  Seminar
Instructor(s)
M. Fenrick & E. Krajewska; Adjunct Professors
Fall
3 credit(s)  2 hour(s);
Presentation
Online discussion of assigned readings and their application in the development of litigation strategies in case studies; students choose a hypothetical case (approved by the instructors) and prepare a brief of materials (affidavits of actual witnesses and other documents) as their assignment for the course.
Upper Year Research & Writing Requirement
No
Praxicum
No

In this seminar, students explore the adjudication process in constitutional litigation, consider questions of procedure, proof and remedies and discuss effective preparation of and advocacy in constitutional cases.

Seminar topics will include: the role of the courts in constitutional litigation; commencing a constitutional case, drafting pleadings, government action under s.32 of the Charter, standing, crown defendants, choice of venue, remedies, evidence in constitutional cases, the role of experts and drafting effective affidavits, discovery of governments, and interlocutory relief.