This is a unique Indigenous Peoples and Canadian Law course experience that covers a variety of topics through a focus on treaties and a practical experiential-learning based approach to Indigenous rights litigation. This course is designed to simulate real-world legal practice where collaboration is essential for success. Students will work in teams to analyze and prepare a complex legal case as part of a larger group advocacy project. Students who enjoy working with others and sharing ideas are more likely to find this course particularly rewarding.
The course will provide a survey of the procedural and substantive elements of litigating Indigenous rights from the perspective of a lawyer practicing exclusively in this area of law on behalf of First Nation clients and communities. Topics may include but are not limited to: Indigenous laws and governance systems; intersocietal law; history of treaties and treaty relationships; pre-existing Indigenous sovereignty and assumed Crown sovereignty; the honour of the Crown; the colonial doctrines of discovery and terra nullius; settler-colonialism and Indigenous resurgence.
This course consists of weekly lectures and in-class discussions. Evaluation methods encompass in-class quizzes, weekly reading assignments, participation and group work. This course also fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.
Course or Seminar Category: Constitutional and Administrative Law
Indigenous Peoples and Canadian Law
The principal aim of this course is to develop critical understanding of those parts of Canadian constitutional law that pertain specifically to Indigenous peoples. Topics will include the notions of sovereignty and self-determination, relevant British imperial law, the honour of the Crown and the enforceable Crown obligations to which it gives rise, federal and provincial legislative authority, section 35 of the Constitution Act, 1982, Aboriginal rights and title, treaties and treaty rights, and Indigenous self-government (statutory and constitutional). The plan is for one class session, late in the term, to feature Toronto lawyers who represent or advise Indigenous clients, discussing practice-related issues.
The course will also acknowledge the reality, the coherence and the efficacy of Indigenous law. The plan is to invite an Indigenous law scholar to spend one class session early in the term introducing the students to an Indigenous legal order. But Indigenous law will figure somewhat less prominently in this section of the course than it does in some other sections, because the instructor, who is not Indigenous, has neither authority nor permission to pronounce on matters internal to any Indigenous legal order. Students whose primary interest is in Indigenous legal orders may prefer another section of this course, or may wish to supplement this course with a companion course whose specific focus is Indigenous law.
This course satisfies the prerequisite requirement for the Intensive Program in Aboriginal Lands, Resources and Governments. It may also be useful background for advanced seminars about Indigenous Peoples and the Law.
Family Law I
The course is intended to offer an overview of family law and to provide a foundation for later, more specialized seminars or research projects. It provides an introduction to some of the issues and problems relating to law and the family, focusing on three contexts: the creation of the family unit, the regulation of the ongoing family, and issues arising at family breakdown. Topics to be explored include marriage, reproduction, adoption, child care, family violence, child protection, divorce, property, support, domestic contracts, custody and access, and dispute resolution.
The course considers critical and policy-oriented perspectives. Throughout the course, we will examine the assumptions of gender, class, race, religion and sexual orientation on which family law is based, and consider the appropriateness of these assumptions.
The objective of the course is to provide a social, political and economic context within which legislative policies and judicial approaches can be understood and assessed. Particular attention will be paid to current provincial and federal law reform initiatives relating to the legal regulation of the family.
Family Law I
The course is intended to provide an introduction to the legal regulation of the family in Canadian and provincial law. The course is divided into six sections in order to facilitate an examination of the creation of the family unit, the regulation of the ongoing family, and the problems of family breakdown.
The first three classes present an introduction to various definitions of the family and provides relevant sociological and demographic context to the range of viable definitions. An overview of the seminal issues and tensions in family law will be canvassed. The introductory materials also cover the constitutional dimensions of family law.
The introductory materials are followed by a series of classes on the creation of the family. Several weeks of classes will cover adult relationship formation (including marriage) and the creation of parent-child relationships including adoption and reproductive technologies.
This is followed by a series of classes on the dissolution of the family. It is in this section that students will be exposed to the technicalities of divorce, along with topics such as the private ordering of dissolution (via mechanisms such as contract, mediation, and collaborative lawyering).
The fifth section covers the consequences of dissolution for adults by an examination of property division on dissolution, dealings with the matrimonial home, and spousal support.
The sixth and final section of the course deals with the consequences of family dissolution for children and covers issues such as custody and access, and child support.
In examining the rights and responsibilities of family members, we will explore questions such as: What is a family? What is a spouse? What is a parent? The answers to these questions are no longer as settled as they once seemed. We will consider the law’s answer to these questions, and the extent to which the legal regulation of the family is responding to changing and diverse family forms. Attention will be given to the issues of gender, race and class.
The course will be taught from a critical and policy-oriented perspective. The course emphasizes the role of law in defining and enforcing family arrangements, and the rights and responsibilities of family members. The course pays particular attention to law reform and policy choices in the legal regulation of the family in Ontario. The objective of the course is to provide a social, political and economic context within which legislative policies and judicial approaches can be understood and critically evaluated.
Criminal Procedure
This course will provide students with an overview of the Canadian criminal process, with a special attention given to the limitations imposed by the Canadian Charter of Rights and Freedoms. It will begin with an exploration of police investigative powers. The authority of Canadian police to search/seize, question, detain, and arrest will all be considered in detail. The exclusion of unconstitutionally obtained evidence, as well as the availability of other constitutional remedies, will also be addressed. The course will then shift to a consideration of the criminal process after charges are formally brought, including intake procedures, bail, disclosure, plea, plea bargaining, prosecutorial discretion, and the right to a trial within a reasonable time. If time allows, some trial and post-trial issues may be considered, including jury selection, res judicata, and appeals. Throughout, various theoretical perspectives on criminal law and process will be discussed. The course will also seek to introduce key historical connections and important points of comparison between criminal procedure in Canada and the United States, primarily in terms of their constitutional regulation, as well as with the common law of England.
Civil Liberties
This course focuses on the constitutional dimensions of liberty in Canada. We will examine laws that restrict fundamental freedoms (such as emergency restrictions on freedom of movement during the COVID-19 pandemic, restrictions on expression online, limitations on expression and peaceful assembly in public spaces, and the evolution of the right to privacy). We will also examine laws that aim to enhance the exercise of fundamental freedoms (such as anti-SLAPP legislation and election spending restrictions) and assess them from the perspective of the Canadian Charter of Rights and Freedoms. We will focus on the Charter provisions that protect freedom of conscience and religion (s.2(a)), freedom of expression and the press (s.2(b)), freedom of peaceful assembly (s.2(c)), the right to vote (s.3), the right not to be deprived of liberty except in accordance with the principles of fundamental justice (s.7), and the right to be free from unreasonable search and seizure (s.8). The course aims to establish a theoretical and doctrinal foundation for each of the rights and freedoms studied, and to consider how they relate to each other. Through a series of case studies focused on current controversies, ongoing litigation and legislative debates, the course will consider the appropriate scope of civil liberties, and what limits on them can be upheld as reasonable and demonstrably justifiable pursuant to s.1 of the Charter. We will also evaluate the increasing resort by provincial legislatures to s.33 of the Charter to insulate legislation from judicial invalidation based on violations of fundamental freedoms, legal and equality rights. The approach throughout will be contextual and critical, with an eye to Canada’s international human rights obligations and comparative lessons.
Canadian Federalism
Federalism is back in vogue and more relevant to public law in Canada than ever. Issues such as the federal implementation of a carbon tax and multiple regulatory responses to the COVID-19 pandemic provide a perfect framework and lens to examine federalism in action. This course will build on the limited coverage of the federal division of powers in first year Public and Constitutional Law courses. The course has two general purposes: first, to broaden students’ understanding of the judicial interpretation of the division of powers, particularly in areas not covered in first year; and second, to provide a deeper understanding of our institutions of government and continuing issues of constitutional reform. Areas that my be covered include the impact of unwritten constitutional principles, the separation of powers and the respective roles of the Crown, Parliament and the legislatures, and the courts in ensuring respect for constitutionalism, amending formulas; and selected topics in federalism (doctrines of pith and substance, interjurisdictional immunity and paramountcy, powers over trade and commerce; peace order and good government; criminal law, environmental regulation and the administration of justice.) Issues of constitutional change that may be covered include Parliamentary reform, ethics and accountability, recognition of Indigenous self-government, and the accommodation of Quebec (and Alberta) nationalism. The course will also engage in some comparative analysis with other constitutional democracies.
Bankruptcy & Insolvency Law
Insolvency of individuals and corporations is a reality of life. Societies need mechanisms to deal with such insolvencies-either by rehabilitating/restructuring the debtor or equitably distributing the debtor’s assets to its creditors.
This course will deal with the various insolvency regimes in Canada designed to address these insolvencies. This course is particularly relevant given present economic shocks to the financial system such as tariffs, international conflicts affecting supply chains and increasing inflation.
This course will take a practical approach to reviewing the principal insolvency and restructuring regimes in Canadian law – bankruptcies, receiverships and restructurings under the Companies’ Creditors Arrangement Act or the proposal provisions of the Bankruptcy and Insolvency act.
In addition to learning the substantive and procedural rules with respect to each regime, we will consider the practical implications of insolvencies with respect to various stakeholders such as workers, retirees, suppliers, pensioners, landlords, secured creditors and government entities.
This course emphasizes a practitioners approach to the topic. The goal is for students to be able to identify insolvency issues and to understand the process of dealing with these issues.
Administrative Law
Administrative law is the body of law that governs public decision-making. It aims to ensure that all public authorities use their powers legally, reasonably, and fairly.
This course will be both theoretically rigorous and highly practical. We will study a set of foundational administrative law concepts (grants of authority, the limits of discretion, the duty of procedural fairness, the right to an unbiased decision maker, standards of review, and public law remedies) as well as their real-world applications including in the courtroom.
Each of the four Adjunct Professors maintains a broad public law practice. As such, case studies may include ministerial decisions, public inquiries, various administrative tribunals, municipal council decisions, environmental assessments, copyright rate-setting, supply management matters, indigenous elections, and parliamentary proceedings.
Administrative Law
Administrative decision-makers are delegated authority by statute to implement legislative policy and deliver government services in a wide range of fields including public health and safety, immigration, labour relations, social benefits, securities regulation, business licensing and approvals, tenancies, professional regulation, communications and broadcasting and environmental protection, among others. For most people, interaction with the law is through one, or more, of these administrative decision-making bodies. Administrative law is the study of the rules that regulate the decision-makers exercise of this delegated power, including rules about fairness, transparency, justification, independence and compliance with the constitution and the decision-makers own jurisdiction. This course is an introductory overview of administrative law. The course will provide students with the necessary tools to engage meaningfully with the various statutory schemes and principles governing the administrative state, to think critically about the court’s role in reviewing administrative decisions, to question and compare the manner in which legislative policy is delivered by a variety of different administrative bodies and to reflect on what this communicates about the relative value the state places on different policies and services.