This course will provide students with an enriched understanding of forensic evidence as it applies to the administration of criminal and civil justice. The course will blend both novel scientific and legal issues as they apply to the modern day fact-finding mission. The course will cover the scientific and legal basics, key terminology, a summary of court decisions, and admissibility standards. The students will benefit from expert presentations given by leading professionals from both the legal and scientific community. The guest experts will provide students with a valuable insight on the capabilities and limits of their respective disciplines.
Forensic science is the application of a scientific inquiry into a criminal investigation. As the majority of court cases are decided on questions of fact, the interpretation and evaluation of scientific evidence is not taught as part of the traditional courses in law school.
This course fills this gap, by introducing students to forensic sciences and to the theories and methods that govern their interpretation in a legal setting. The interaction between science and law will be analyzed from theoretical, legal and pragmatic perspectives.
The course will examine the evolution and current position of forensic science in Canadian courts. The process of adapting scientific argument to legal argument will be explored. Expert witnesses, differing standards of legal acceptance and leading cases will be surveyed. Prominent miscarriages of justice will be examined to highlight the utility and frailties of forensic science. Course themes will include legal vs. scientific truth and science vs. junk science and legal vacuums as they relate to scientific evidence.
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.
An introduction to the techniques of trial advocacy in civil and criminal trials. Consideration is given to pre-trial preparation and case analysis, opening and closing statements, examination and cross-examination of witnesses, evidence issues, expert evidence, tactical questions and ethical issues that confront the trial lawyer. Students perform simulation exercises in small groups under the critical guidance of experienced trial lawyers and Judges. Students conduct 1/2 day jury trials with two-student counsel acting on each side of the case. Trials are presided by Judges of either the Ontario Court of Justice or the Superior Court of Justice.
In this seminar we will explore sentencing law and procedure in Canada. The course will begin with a consideration of the concept of punishment and the philosophical dimensions of sentencing, including an exploration of the purposes and principles of sentencing. The remainder of the course will be devoted to exploring the legal doctrine that governs sentencing and imprisonment in Canada and legislative and judicial approaches to sentencing. More specifically, we will consider the various sentencing options available in Canadian law, the procedural and substantive aspects of sentencing hearings and the interplay of sentencing and plea negotiations. Particular attention will be paid to the sentencing of Indigenous peoples and racialized individuals. Other topics for consideration may include Charter litigation and sentencing, the sentencing of individuals with mental disorders and victim participation in sentencing.
This course is designed to provide students with a unique, holistic survey of the criminal justice system from all perspectives, an appreciation that all parts of the system are interrelated, and some assessment of how effectively it contributes to a just society.
Students will hear from and engage in discussion with exceptional leaders from different parts of the justice system, including: the former Attorney General of Ontario, the former Chief of the Toronto Police Service; Judges of the Superior Court Justice and the Ontario Court of Justice; a family member of homicide victims; an offender convicted of manslaughter; a leading forensic psychiatrist; as well as prominent Crown Attorneys, defence counsel, probation and corrections officials, and representatives of the fourth estate.
Students will review selected readings covering the constellation of theory, law and policy regarding each stakeholder’s role. Each panel of speakers will provide the class with a clear idea of the theoretical role that they play in the system and how that role actually plays out “on the ground.” The class and panel will discuss what is required to close the gap between theory and practice.
Taught by a Superior Court Judge and an experienced member of the criminal bar, this seminar explores how racial inequality and in particular anti-black racism are addressed in Canadian criminal law through a critical review of landmark cases and selected secondary scholarly literature.
Students will consider how advocates have worked to bring claims of racism to the courts. The class will assess the extent to which courts have addressed claims of racism, whether systemic or individual, in their interpretation of various areas of criminal law. How has recognition of this particular piece of “social context” been integrated into judicial decision-making and criminal procedure?
Students will study key parts of the criminal trial process from start to finish including bail, jury selection, Charter and common law motions, and sentencing.
By the end of the course students will be:
i) familiar with a set of contemporary cases in which questions about of race and racism intersect with issues in criminal procedure, sections 7, 8, 9, 24(2) of the Charter, evidence and sentencing.
ii) capable of critically analyzing the responses of the Canadian criminal justice system to claims of racism, whether systemic racism or particular incidents of racially targeted state action.
iii) able to develop effective approaches to anti racist advocacy suitable for use in Canadian criminal court.
Class discussions and assignments will work to bring together theory and practice in assessing and developing anti racist advocacy in the criminal law context.
Specific topics covered include:
· Identifying race and racism as part of context, and how this does/should impact legal interpretation;
· Identifying the relevance of race/racism for the parties involved; and
· Identifying the opportune time to raise the issue
Guest speakers with expertise in a relevant area will periodically visit the class.
For the student wishing to practice criminal law, it is inevitable that they will encounter individuals with mental health issues. Studies
consistently show that at least 1 in 5 of all Canadians will be affected by a mental illness, either personally or through a close family member. The percentage of individuals with mental health issues increases when one looks at those charged with criminal offences and those in the correctional system. Accused persons with mental health issues raise difficult and complex issues for the criminal law practitioner, whether you are a prosecutor, duty counsel, defence counsel or a judge.
This seminar will develop students’ knowledge of forensic mental health issues throughout the criminal justice system. The course will examine the various legal issues that arise when an accused person living with mental illness comes into contact with the criminal justice system. Students will become familiar with Part XX.1 of the Criminal Code (Mental Disorder) and related sections, as well as the intersection between the Criminal Code and administrative law. The seminar will also afford students an opportunity to reflect critically on the various social, legal and ethical issues that arise as an individual with mental health issues goes through the criminal justice system, including the use of measures to divert persons away from or out of the criminal justice system.
The class will include lectures, guest speakers and class discussion. Students will also see how these statutory provisions arise in practice through a field trip (conditions permitting) to a specialized Mental Health Court or the Ontario Review Board.
This advanced criminal law class examines legal issues that commonly arise in relation to criminal sexual offences. Topics will include: consent and mistaken belief in consent; failure to disclose HIV+ status; access to the complainant’s counselling and other records; the use of text messages and other private records in cross-examination; admissibility of evidence of the complainant’s prior sexual history; prior complaint and recent fabrication; admissibility of similar fact evidence; sex offender registry; and forensic psychiatric evidence. .
This course will provide students with an overview of the Canadian criminal process, with a special attention given to the limitations imposed by the Canadian Charter of Rights and Freedoms. It will begin with an exploration of police investigative powers. The authority of Canadian police to search/seize, question, detain, and arrest will all be considered in detail. The exclusion of unconstitutionally obtained evidence, 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, plea, plea bargaining, prosecutorial discretion, and the right to a trial within a reasonable time. If time allows, some trial and post-trial issues may be considered, including jury selection, res judicata, and appeals. Throughout, various theoretical perspectives on criminal law and process will be discussed. The course will also seek to introduce key historical connections and important points of comparison between criminal procedure in Canada and the United States, primarily in terms of their constitutional regulation, as well as with the common law of England.
This course will introduce students to the law of evidence in Canada. It will examine how the common law, statutes, and the Constitution interact to govern the proof of facts in both civil and criminal trials. Topics to be addressed include: burdens of proof; the role of the trial judge in managing the introduction of evidence; methods of presenting evidence; witness competency and compellability; relevance; and the various exclusionary rules that operate to limit the kinds of proof that can be received at trial (i.e. the rules governing hearsay, privilege, expert opinion evidence, etc.). The course will engage ethical issues that arise in the context of evidence law. It will consider how some rules of evidence have evolved historically, and it will attend to the social, political, and institutional contexts in which evidence law operates. The course will encourage critical reflection on the theories, purposes, and justifications that animate evidentiary rules, and on how those rules impact different individuals and communities.
To prepare for each class, students will be asked to view pre-recorded lectures and/or complete assigned readings. Students will also complete 10 short online (eClass) exercises outside of class time, designed to help reinforce the material as the semester progresses. Class time will be dedicated to further lectures, discussions, practice exercises, and in-class evaluations.