This course is designed as an introductory survey of the field of international human rights law. We adopt a broad definition of international human rights law as denoting all aspects of international law that confer fundamental, universal, and inherent rights on individuals and groups of individuals. The course combines analysis of the theoretical underpinnings of the international human rights legal framework, alongside practical considerations, including the key mechanisms for protection, promotion, and enforcement of human rights law, and its interpretation and application in domestic law. In this course, we will attempt to understand the ever expanding, but constantly contested, role of international law in the promotion and protection of human and peoples’ rights in Canada and around the world.
The course content will be delivered in three main modules. Module 1 will provide an overview of the Foundations of international human rights law, including key concepts, historical development, and the international law framework in which it operates. Module 2 will move into how international human rights law operates in Practice: we will look at the various mechanisms and institutions that make up its basic architecture, review a selected sample of the rights it protects, and examine how all this informs the development, application, and interpretation of domestic law in Canada. We will also round out what we have learned so far with a consideration of some of the Criticisms that have been directed at the international human rights law system. Finally, Module 3 will explore various Special Topics in the field, applying the knowledge we have acquired to topics such as indigenous rights, climate change, and business and human rights, and also getting brief introductions to the related fields of refugee law, international humanitarian law, and international criminal law. Throughout, students will be encouraged to engage critically with the assumptions and norms underpinning this framework, and its place in the globalized 21st century.
The international human rights law system is vast, and the goal of the course is not to impart a comprehensive and intimate doctrinal familiarity with the entire field. Rather, the objective is for students to come away with a competent understanding of the basic landscape of the international human rights system, equipped with the tools and resources with which to navigate it, and the ability to identify and resolve questions relating to international human rights law when they arise, particularly with respect to the ways in which international human rights law can be used to inform and support human rights advocacy under the domestic Canadian legal system.
The class meets once a week in a 3-hour time slot. Guests may on occasion be beamed into the class using a classroom internet connection; certain classes may be scheduled to be fully remote on Zoom where a guest or guests cannot attend in person.
Course or Seminar Category: Indigenous and Aboriginal Law
Indigenous Peoples and Canadian Law
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.
Indigenous Peoples and Canadian 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.
Indigenous Peoples and Canadian Law
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.
Indigenous Peoples and Canadian 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.
Indigenous Peoples and Canadian Law
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.
Environmental 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.