Instructor(s): Kent Roach, John Norris

For graduate students, the course number is LAW7093HF.

This course satisfies either the Perspective or the International/Comparative/Transnational course requirement.

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. The 2015 changes to Canadian anti-terrorism law will also be examined with some reference to comparative law. There will be scope to examine relevant comparative and international law on both remedial and national security topics.

Evaluation
A research paper of 6,000 to 7,500 words or a 48-hour take home exam (85%), to be signed out from and returned to the Records Office; 15% of mark is based on class participation (10% written and oral discussion of course materials; and 5% attendance). The examination may be taken during any 48 hour period between the first day of the examination period and due no later than the set deadline for written work in the applicable term (see Take-home Policy for details).

At a Glance

First Term
Credits
3
Hours
3
SUYRP
Perspective course
ICT

Enrolment

Maximum
42

29 JD
8 LLM/SJD/MSL/NDEGS/SJD U

5 Poli. Sci. or Crim. graduate students

Schedule

M: 5:10 - 8:00