Advanced Constitutional Law: Security and Remedial Issues (LAW541H1F)

This course will examine a number of issues of advanced constitutional law. The first half of the course will provide an overview of constitutional remedies in Canada. Topics to be examined will include remedies such as exclusion of evidence and stays of proceedings in the criminal process and damages, declarations and injunctions in the civil process. The second half of the course will then examine the adequacy of judicial remedies and alternatives to domestic judicial remedies in the national security context. Topics to be examined will include the Omar and Abdullah Khadr cases, the Afghan detainee case and other cases involving the extra-territorial application of the Charter, damage claims involving national security confidentiality proceedings, entrapment claims and other requests for stays of proceedings in terrorism prosecutions and the findings of the Maher Arar and Air India inquiries. There will be scope to examine relevant comparative and international law on both remedial and national security topics.