Canadian Constitutional Law

Overview

This course provides students with an introduction to the various components of Canadian constitutional law, and to the principles necessary for understanding and applying the provisions of the Canadian constitution in legal practice. The course covers four broad areas:

• Part I involves an introduction to the nature and sources of the Canadian constitution, followed by an overview of the procedures for amending the constitution.
• Part II explores the federal nature of the Canadian state, the resulting distribution of legislative powers to federal and provincial legislative bodies, the role of the judiciary in upholding this distribution of powers, and general principles of constitutional interpretation applied by the courts in discharging this role.
• Part III explores the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
• Part IV examines distinct constitutional protections of the rights of Indigenous peoples.

Learning Objectives

• Knowledge and understanding of the fundamentals of Canadian constitutional law;
• Knowledge and understanding of nature and sources of the Canadian constitution,
• Knowledge and understanding of how the Canadian constitution is reformed.
• Knowledge and understanding of the federal nature of the Canadian state and how the judiciary protects this.
• Knowledge and understanding of the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
• Knowledge and understanding of the distinct constitutional protections of the rights of Indigenous peoples in Canada.
• The ability to Identify and discuss moral, political and philosophical issues within Canadian constitutional law and to present a reasoned argument on doubtful or controversial issues;
• Evaluate academic commentary on key constitutional law issues.
• Effective teamwork to accomplish a shared task.

Skills

• Legal problem-solving. Ability to identify relevant issues, apply relevant concepts, principles & rules, make judgements & reach supported conclusions on the basis of sound & informed reasoning;
• Critical analysis of Canadian Constitutional law in theory and practice. Ability to: identify & order issues by relevance and importance; synthesis of materials from diverse sources; exercise of critical judgement - discernment between the merits of particular arguments.
• Ability to write & speak with care and precision in the analysis & synthesis of the law;
• Ability to structure argument and analysis;
• Ability to identify issues for research and to retrieve accurate & relevant legal & other sources.
• Ability to work effectively in a team.

Assessment

Coursework – 90%
Quizzes – 10%