Litigation and Social Change (LAW316H1F)

This course will consider the ways in which litigation can be a useful tool in struggles for progressive social change. During the first several weeks we will consider a variety of positions on the positive and negative aspects of litigation, relationships between litigation and political organizing, and techniques of advocacy appropriate to the pursuit of political objectives. This part of the course will draw upon readings in "critical legal studies" and other academic literature.

The bulk of the course will consist of student projects. Early in the semester, each student will design a project in consultation with the instructor. Suitable topics would include aspects of the general problem, such as using litigation as a political platform, creative ways of using court demeanour and procedures, or the limits of litigation. Other projects might analyze past, current or proposed cases. For example, a study might be made of the role of the women's movement in leading to the finding that Canada's abortion law was unconstitutional, possible torts of racial and sexual harassment might be explored, or the potential of litigation for policing the police could be investigated. There could also be empirically-based projects, such as conducting a survey to determine Toronto’s best and worst judges. In some instances it may be possible for the student to work with a practitioner or a community group involved in preparing a case.