Course or Seminar Category: Constitutional and Administrative Law

Land Use Planning

This course will provide an overview of the law of land use planning and development law regime in Ontario, with an emphasis on the processes, approvals, negotiations and contractual arrangements involved in the development of land, with reference to the Planning Act.

Topics will include the provincial and municipal roles in land use planning and a close examination of the various land use planning instruments and processes, including official plans, zoning by-laws, draft plans of subdivision/consents to sever, site plan approval, building permits, etc. The course will also examine indirect land use controls such as development agreements, development charges and other fees, charges and levies. Students will be introduced to legislation that regulates the heritage protection of built form, and building and construction.

The role of the Ontario Land Tribunal (OLT) will be discussed, as well as local appeal bodies. Emphasis will be placed on the significant role that local government has with respect to land use planning. The course will accordingly combine aspects of municipal law with an understanding of the land development process.

Overall, the course will provide students with an understanding of the powers and rights available to citizens, stakeholders, landowners, governments, non-governmental organizations, and public sector agencies in shaping land use planning in Ontario.

As learning objectives, students should, by the end of the course:
• demonstrate a high degree of knowledge of the main principles and rules applicable to the land use planning regime in Ontario, with a particular focus on the Planning Act and related case law, and be able to apply these principles and rules to various fact situations in a relevant, precise and well-structured way;
• have an appreciation of other important Ontario statutes that impact the land use planning and development regime in Ontario, and be able to apply relevant portions of these statutes;
• be familiar with the basic functions and powers of municipalities in Ontario;
• understand the general role and the administrative procedures of the Ontario Land Tribunal (OLT) and the matters that it adjudicates;
• develop a critical perspective on the land use planning regime in Ontario, and be able to explain how certain policy objectives may be fulfilled or, alternatively, frustrated by aspects of the regime; and
• be able to critically evaluate and analyze formal decisions related to land use planning made by municipalities, the Province, the OLT and other approval authorities.

Collective Bargaining Law

This course provides an introduction to legal regimes governing collective employee representation in Ontario and beyond. Students will gain appreciation for collective bargaining legislation and its particular scope and parameters of protection. Consideration will be given to the role of the state in protecting freedom of association through statutory certification procedures, the articulation of exclusive bargaining rights and the duty to bargain in good faith. Students will confront the underlying commitments of states in governing collective employee representation, how the Canadian model compares to other systems abroad, the influence of international labour law on collective bargaining regimes, and the deficiencies of existing regulations. Moreover, considerable attention will be given to the increasing impact of technology in workplaces, its challenges to existing regulations, and how collective labour rights represent a vital instrument to govern technological issues at work.

Criminal Procedure

This course will provide students with an overview of the Canadian criminal process. It will begin with an exploration of police investigative powers. The authority of Canadian police to detain, search/seize, question and arrest will all be considered in detail. Special attention will be given to the limitations imposed on each of these powers by the Canadian Charter of Rights and Freedoms. The exclusion of unconstitutionally obtained evidence under the Charter, as well as the availability of other constitutional remedies, will also be addressed. The course will then shift to a consideration of the criminal process after charges are formally brought, including intake procedures, bail, disclosure (the effects of non-disclosure and/or lost evidence), election and plea, preliminary inquiries, the right to trial within a reasonable time and plea-bargaining. The course will then focus on the trial, including trial venue, jury selection and trial procedure. This will be followed by an overview of the law of sentencing, and a brief consideration of appeals.

Disability & the Law

This course examines disability as a legal category with implications for the rights of persons with disabilities. Students will be introduced to alternative conceptions and theories of disability and impairment, and will examine how law constructs and regulates the lives of individuals with disabilities. Throughout the course we will examine statutory provisions and jurisprudence in different areas including: family, reproduction, death and dying, health, human rights, education, social assistance and economic supports to understand how disability is defined and regulated by law. This course analyzes and evaluates how law can best achieve the goals of social justice, inclusion and equality for individuals with disabilities.

This course offers in-class instruction in an interactive lecture/discussion/presentation format. Students are expected to read the assigned materials before class and to participate in analytical class discussions. From time to time, guests will be invited to speak about their area of expertise and/or their experience of law and disability.

Administrative Law

Administrative law is the body of law that governs public decision-making. It aims to ensure that all public authorities use their powers legally, reasonably, and fairly.
This course will be both theoretically rigorous and highly practical. We will study a set of foundational administrative law concepts (grants of authority, the limits of discretion, the duty of procedural fairness, the right to an unbiased decision maker, standards of review, and public law remedies) as well as their real-world applications including in the courtroom.
Each of the four Adjunct Professors maintains a broad public law practice. As such, case studies will include ministerial decisions, public inquiries, various administrative tribunals, municipal council decisions, environmental assessments, copyright rate-setting, supply management matters, indigenous elections, and parliamentary proceedings.