Constitutional Litigation (LAW237H1F)

The Course: Most law school courses focus on final appellate judgments. This course focuses on the expertise and skills necessary to win a Charter case. We examine best practices in Charter litigation through case studies, including videotapes of oral argument in the Supreme Court of Canada, and visits from leading practitioners. Topics include strategic and procedural challenges, construction of the factual record, and the preparation of comprehensive and persuasive written and oral argument as to rights, limits on rights, onus and burdens, and remedies. We also consider the distinctive roles and professional responsibilities of lawyers in private practice, in public interest advocacy centers and in government. ,
Skills: The course presents the expertise necessary to produce clear, cogent, well-organized factums. It also familiarizes students with the skills necessary to prepare and present persuasive oral advocacy. Analysis of videotapes of oral argument in the Supreme Court of Canada and practice exercises present a foundation to create an appropriate courtroom persona; represent Charter claimants, government, and public interest groups appropriately; create effective opening and concluding statements; and master the art of answering judges’ questions. Research training will be provided in Canadian constitutional law as well as comparative constitutional law.