Constitutional Litigation (LAW237H1S)

Throughout Canadian history – and in particular since the advent of the Charter – constitutional litigation has played a central role in the advancement of rights, the adjudication of public policy, and the development of Canadian constitutional doctrine.  This advanced course in public law will examine the adjudicative process for determining claims under the constitution. Materials will include court decisions and commentary but will also encompass observation of oral argument and the review of pleadings, factums and evidentiary records to provide depth to the critique of seminal constitutional cases.

Among other topics, the course will explore issues such as: the role of the courts, Attorneys General, parties and public interest litigants in constitutional litigation, procedural issues in constitutional litigation, standing and justiciability, the interplay between administrative and constitutional law in the review of government laws and action, facts and evidence (including the role of expert evidence) in constitutional cases, the preparation of pleadings, and effective written and oral advocacy.

Learning Objectives:

1. To develop insight into the strategic components that shape constitutional litigation and ultimately the decisions made by courts in the public interest;
2. To be able to differentiate and understand the roles and professional obligations of litigants, including claimants, governments and interveners in constitutional litigation;
3. To understand how litigation elements such as standing, evidence, remedy, and forum shape the courts’ decisions; and
4. To provide an opportunity to observe and practice practical advocacy skills including oral and written advocacy.