Climate change and disruption is attributable to historical and current day modes of production and consumption. Enduring solutions will require significant shifts in how modern societies are governed. Governance, in this context, is unlikely to succeed without attention to related priorities of sustainability, justice, and cohesion. Yet there is ample evidence that many leaders and institutions are unable or unwilling to address the challenge effectively.
This seminar explores legal and policy issues related to efforts to control the causes and respond to the impacts of climate disruption. It approaches the topic from an interdisciplinary perspective that considers law, science, politics, economics, and history. The seminar is concerned with how these perspectives can support pragmatic strategies in different areas of law and policy and at different levels of decision-making.
The seminar has two thematic segments. The first segment will examine the historical, political, economic, and scientific background within which the modern problem of climate disruption has arisen. This segment will also provide a broad survey of the major international legal regimes that have been developed to address the problem.
The second segment will focus on analyzing legal and institutional barriers to pragmatic action towards forestalling climate disruption and mitigating its impact on society. Particular attention will be paid to core functions such as food production, land management, water and wastewater infrastructure, energy, and transportation. Students will have the opportunity to do their research in a relevant area.
The principal aim of this course is to develop critical understanding of those parts of Canadian constitutional law that pertain specifically to Indigenous peoples. Topics will include the notions of sovereignty and self-determination, relevant British imperial law, the honour of the Crown and the enforceable Crown obligations to which it gives rise, federal and provincial legislative authority, section 35 of the Constitution Act, 1982, Aboriginal rights and title, treaties and treaty rights, and Indigenous self-government (statutory and constitutional). The plan is for one class session, late in the term, to feature Toronto lawyers who represent or advise Indigenous clients, discussing practice-related issues.
The course will also acknowledge the reality, the coherence and the efficacy of Indigenous law. The plan is to invite an Indigenous law scholar to spend one class session early in the term introducing the students to an Indigenous legal order. But Indigenous law will figure somewhat less prominently in this section of the course than it does in some other sections, because the instructor, who is not Indigenous, has neither authority nor permission to pronounce on matters internal to any Indigenous legal order. Students whose primary interest is in Indigenous legal orders may prefer another section of this course, or may wish to supplement this course with a companion course whose specific focus is Indigenous law.
This course satisfies the prerequisite requirement for the Intensive Program in Aboriginal Lands, Resources and Governments. It may also be useful background for advanced seminars about Indigenous Peoples and the Law.
This is a unique Indigenous Peoples and Canadian Law course experience that covers a variety of topics through a focus on treaties and a practical experiential-learning based approach to Indigenous rights litigation. This course is designed to simulate real-world legal practice where collaboration is essential for success. Students will work in teams to analyze and prepare a complex legal case as part of a larger group advocacy project. Students who enjoy working with others and sharing ideas are more likely to find this course particularly rewarding.
The course will provide a survey of the procedural and substantive elements of litigating Indigenous rights from the perspective of a lawyer practicing exclusively in this area of law on behalf of First Nation clients and communities. Topics may include but are not limited to: Indigenous laws and governance systems; intersocietal law; history of treaties and treaty relationships; pre-existing Indigenous sovereignty and assumed Crown sovereignty; the honour of the Crown; the colonial doctrines of discovery and terra nullius; settler-colonialism and Indigenous resurgence.
This course consists of weekly lectures and in-class discussions. Evaluation methods encompass in-class quizzes, weekly reading assignments, participation and group work. This course also fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.
This course will seek to provide students with an understanding of the legal powers and duties of municipalities and the rights available to citizens, residents and taxpayers when dealing with local government. The course will examine the history of municipalities in Canada and their legal and policy frameworks, including the lack of constitutional status for local government. The course will trace the evolution of municipalities and their powers from the “Baldwin Act” in 1849 to the “modern” municipal legislative model that has been adopted in virtually every jurisdiction in Canada, with specific reference to the Municipal Act, 2001 and the City of Toronto Act, 2006.
Topics will include a review of the form and structure of municipal government; municipal powers and jurisdiction as well as duties and liabilities; the role of municipal council and the head of council; the role of statutory officers and municipal administration; by-laws and resolutions as municipal legislation; the doctrine of ultra vires; the open meeting rule; the inapplicability of the indoor management rule; the enforcement of municipal by-laws and challenges to municipal actions; the discretionary enforcement principle and the unique self-help remedy available to taxpayers in Ontario. The introduction of “strong mayor” and “strong chair” powers for municipalities and recent changes to the accountability regime will be examined.
The course will also canvas municipal elections, conflict of interest legislation, the municipal financing framework and municipal freedom of information and protection of privacy laws.
This course provides a critical survey of state law as it relates to Indigenous peoples and lands in what is now known as Canada.
Topics may include but are not limited to: historical context and constitutional framework; the laws of Indigenous peoples, especially as they interact with Canadian law; Aboriginal rights and title; self-government; treaties and treaty rights; the Indian Act; the obligations of the federal and provincial governments; and Indigenous belonging and identity.
This course fulfills the prerequisite requirement for the Intensive Program in Indigenous Lands, Resources and Governments. This course also satisfies the Indigenous and Aboriginal Law Requirement.
This is a unique Indigenous Peoples and Canadian Law course experience that covers a variety of topics through a focus on treaties and a practical experiential-learning based approach to Indigenous rights litigation. This course is designed to simulate real-world legal practice where collaboration is essential for success. Students will work in teams to analyze and prepare a complex legal case as part of a larger group advocacy project. Students who enjoy working with others and sharing ideas are more likely to find this course particularly rewarding.
The course will provide a survey of the procedural and substantive elements of litigating Indigenous rights from the perspective of a lawyer practicing exclusively in this area of law on behalf of First Nation clients and communities. Topics may include but are not limited to: Indigenous laws and governance systems; intersocietal law; history of treaties and treaty relationships; pre-existing Indigenous sovereignty and assumed Crown sovereignty; the honour of the Crown; the colonial doctrines of discovery and terra nullius; settler-colonialism and Indigenous resurgence.
This course consists of weekly lectures and in-class discussions. Evaluation methods encompass in-class quizzes, weekly reading assignments, participation and group work. This course also fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.
The principal aim of this course is to develop critical understanding of those parts of Canadian constitutional law that pertain specifically to Indigenous peoples. Topics will include the notions of sovereignty and self-determination, relevant British imperial law, the honour of the Crown and the enforceable Crown obligations to which it gives rise, federal and provincial legislative authority, section 35 of the Constitution Act, 1982, Aboriginal rights and title, treaties and treaty rights, and Indigenous self-government (statutory and constitutional). The plan is for one class session, late in the term, to feature Toronto lawyers who represent or advise Indigenous clients, discussing practice-related issues.
The course will also acknowledge the reality, the coherence and the efficacy of Indigenous law. The plan is to invite an Indigenous law scholar to spend one class session early in the term introducing the students to an Indigenous legal order. But Indigenous law will figure somewhat less prominently in this section of the course than it does in some other sections, because the instructor, who is not Indigenous, has neither authority nor permission to pronounce on matters internal to any Indigenous legal order. Students whose primary interest is in Indigenous legal orders may prefer another section of this course, or may wish to supplement this course with a companion course whose specific focus is Indigenous law.
This course satisfies the prerequisite requirement for the Intensive Program in Aboriginal Lands, Resources and Governments. It may also be useful background for advanced seminars about Indigenous Peoples and the Law.
This course is an introduction to Canadian environmental law. Major issues in environmental law are brought to life via guest lectures, videos, and exercises drawn from real-world environmental controversies. Course topics will include legislative jurisdiction and federalism; economic instruments of regulation; pollution regulation and regulatory instrument choice; toxic substances; environmental compliance and enforcement; public participation and environmental rights; judicial review of administrative action; common law environmental actions; endangered species law; and environmental/impact assessment and Indigenous engagement.
Additional principles and experiences will be gleaned from inherently related matters including Indigenous issues, environmental sciences, natural resources and waste management, land use planning and brownfield development, and environmental case law.
By the end of this course, students should be able to:
• understand the jurisdictional framework and core principles of environmental law in
Canada;
• understand the sources of federal, provincial and local environmental law in Canada, including key legislation, regulatory instruments, and court decisions and assess the effectiveness of the environmental legal regimes
• understand the structure and operation of the main agencies and institutions that
play roles in the development and implementation of environmental law in Canada;
• understand and anticipate the Canadian regulatory response to various environmental phenomena, including advancements in technology and science, project development, or discharges/spills into the natural environment;
• advance or respond to environmental civil litigation, including understanding primary causes of action and the nature of environmental harms and damages; and
• examine selected case studies of environmental law in Canada in order
to understand the political/economical/societal dimensions of environmental regulation.