Election laws regulate the democratic process in accordance with constitutional requirements. Legislators enact the laws governing how they are elected. Courts are called on to adjudicate matters that were once solely considered political. Today, the adequacy of election laws to protect the democratic rights of citizens from interference is being called into question. How and why election laws need to be reformed is an enduring question. Focussing on the
Canadian context, with reference to the U.S. and other countries, this course will survey these issues by looking at the constitutional and legal aspects governing: how elections are called and administered; how the electoral map is designed; who has the right to vote; how campaign finances are regulated; how voting results are decided and challenged; and, how election law offences are enforced and prosecuted.
Course or Seminar Category: Constitutional and Administrative Law
Constitutional Litigation
This is a fun course with equal emphasis on both oral and written advocacy. Debate, questions, brainstorming and discourse are encouraged.
Students will be involved in almost all of the steps of a constitutional case, from the initial claim, to cross-examinations, to arguing a preliminary motion and culminating in a final factum and moot before a panel of judges with students receiving both oral and written feedback throughout.
We will focus on a substantive area of constitutional law (ex., freedom of expression, equality or division of powers) as well as questions of procedure, evidence (adjudicative and legislative, privilege) and judicial notice. A key focus is on the importance of remedies as an initial consideration, not as an afterthought.
The seminar also involves working through problems in small groups and presenting positions in class.
Seminar topics are designed to be in service of the final moot and factum. Topics typically 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.
Comparative Law: Indigenous Nation-Building and Inherent Jurisdiction
This seminar course is a review of Indigenous rights practice from the standpoint of Indigenous law, inherent jurisdiction and nationbuilding. The course will be an evolution from early Indigenous rights advocacy, to Aboriginal title and Modern treaty negotiations. The instruction will focus on the tools of the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous perspective of the Covenant Chain and the Nation-to-Nation arrangements made through the Treaty at Niagara in 1764 to discuss such modern day concepts as Treaty Councils, Indigenous Rights / Inherent Rights and Self Determination Tables, and the drafting of complex and comprehensive coordination agreements and Treaties. Other topics will include Indigenous Protected and Conservation Areas and Legislative Reconciliation.
Regulatory Offences
In this seminar students will learn the substantive and procedural aspects of regulatory offences, or public welfare or quasi-criminal offences as they are sometimes called. The course has a practical focus, examining matters that arise before courts, administrative tribunals, regulators and law enforcement agencies. Seminar topics will include: the classification of regulatory offences, evidence gathering techniques, the application of the Charter of Rights, and the unique nature of strict liability prosecutions, including the operation of the due diligence defence. Sentencing considerations and proposals for reform will be canvassed as well.
Constitutional Litigation
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.
Health Law
This seminar explores the dynamic and challenging field of health law, with a focus on practical issues. The course provides a survey of the legal framework and policy considerations underlying the cornerstone areas of health law, including: consent, capacity and substitute decision-making; mental health law; professional regulation and governance; medical malpractice; and health information privacy. Practical and topical issues will be explored in the areas of: elder law (issues in long-term care facilities, retirement homes); the law of medical assistance in dying in Canada; human rights in health care; hospitals and health care facilities (including physician privileges, employment issues and tensions between administrators, healthcare professionals and other stakeholders); the civil commitment system; reproductive health and surrogacy; and research ethics.
Typical seminars will cover substantive law including case law and statutes, as well as policy issues and examples of applications in practice. Students are expected to actively participate via class discussion and a class presentation. Guest speakers will provide unique perspectives on particular topics. Students will be asked to attend (in person or through electronic means) a hearing in the health law field and to reflect on that proceeding in a midterm written paper, and to explore and analyze an issue in health law through a major research paper. Through readings, class discussion and assignments, students will gain a foundation for a dedicated health law practice and an analytical framework for addressing health law issues as they arise in other practice areas.
Comparative Law: Comparative Constitutionalism
This course provides a comprehensive examination of comparative constitutionalism in the developing world, with a focus on the Global South. It aims to give students a deep understanding of the principles, practices, and challenges of constitutional governance within these diverse contexts. The course will examine historical, cultural, and political factors, as well as investigate colonial legacies, democratization processes, and socio-economic conditions to better understand their influence on constitutional design, development, and implementation. Key topics include constitutional making and accommodation, democratic governance, the separation of powers, checks and balances, and the role of constitutional oversight bodies. Through case studies from countries such as Afghanistan, Asia, Africa, and South America, students will analyze various approaches to constitutionalism and the influence of institutional design and power dynamics on constitutional outcomes.
Comparative Law: Indigenous Legal Traditions
This seminar will introduce students to non-state Indigenous legal orders. Using a transsystemic pedagogical model and a wide range of reading materials (legal cases, methodology, pedagogy, anthropology, theory) students will critically explore the theories and practices of indigenous legal traditions through analysis and substantive treatment of: indigenous sources of law; oral histories and traditions (as legal archive); legal cases and precedent; modes of reasoning and interpretation; and authority and legitimacy.
Securities Regulation
A primary objective of this course is for students to obtain a solid grounding in the basic concepts of Ontario securities law, as well as an understanding of the underlying policy objectives of regulators and decision-makers in implementing and interpreting statutory provisions. Students should also develop knowledge of how securities law influences business transactions and the activities of public issuers, as well as how courts and regulators use securities law concepts and policies in resolving and hearing disputes. Students will be presented with practical knowledge of securities law doctrines and concepts, and attempt to understand the roles that securities lawyers play as advisors to issuers, registrants, investment funds, and derivatives dealers and users. For those students who do not intend to practice securities law, the expectation is that the course will provide a working knowledge of key aspects of the capital markets and the governance frameworks for these markets.
Taxation Law
This is a foundational course in the JD program. It focuses on the basic provisions of the Income Tax Act (ITA) and fundamental principles and policies. The ITA is the biggest statute in Canada, raising about 2/3 of total tax revenues to finance public spending programs that Canadians want and affecting every aspect of commercial and personal life of most Canadians. It embodies the balance of equity and efficiency and the give-and-take reached by Canadians through the democratic process over the past 100 years.
As part of the legal system governed by the rule of law, the ITA recognizes taxpayers’ right to minimize taxation and “speaks” as precisely as possible to specify who is taxable and for how much. This course is thus “perfect” for learning key legal skills – statutory interpretation, problem solving and policy analysis.
The course uses an “easy-to-read” textbook and supplement it with the ITA and landmark court decisions. Guest speakers may be invited to offer insights on key issues and practical application of the law. Students are expected to be attend classes in person and be part of the learning community.