A primary objective of this course is for students to obtain a solid grounding in the basic concepts of Ontario securities law, as well as an understanding of the underlying policy objectives of regulators and decision-makers in implementing and interpreting statutory provisions. Students should also develop knowledge of how securities law influences business transactions and the activities of public issuers, as well as how courts and regulators use securities law concepts and policies in resolving and hearing disputes. Students will be presented with practical knowledge of securities law doctrines and concepts, and attempt to understand the roles that securities lawyers play as advisors to issuers, registrants, investment funds, and derivatives dealers and users. For those students who do not intend to practice securities law, the expectation is that the course will provide a working knowledge of key aspects of the capital markets and the governance frameworks for these markets.
Course or Seminar Category: Constitutional and Administrative Law
Taxation Law
This is a foundational course in the JD program. It focuses on the basic provisions of the Income Tax Act (ITA) and fundamental principles and policies. The ITA is the biggest statute in Canada, raising about 2/3 of total tax revenues to finance public spending programs that Canadians want and affecting every aspect of commercial and personal life of most Canadians. It embodies the balance of equity and efficiency and the give-and-take reached by Canadians through the democratic process over the past 100 years.
As part of the legal system governed by the rule of law, the ITA recognizes taxpayers’ right to minimize taxation and “speaks” as precisely as possible to specify who is taxable and for how much. This course is thus “perfect” for learning key legal skills – statutory interpretation, problem solving and policy analysis.
The course uses an “easy-to-read” textbook and supplement it with the ITA and landmark court decisions. Guest speakers may be invited to offer insights on key issues and practical application of the law. Students are expected to be attend classes in person and be part of the learning community.
Indigenous Peoples and Canadian Law
This course will provide a critical survey of state law as it relates to Indigenous peoples in Canada. The focus will be on the following topics: the historical context and constitutional framework; Aboriginal rights and title; self-government; treaties and treaty rights; and introduction to the Indian Act; and the authority and obligations of the federal and provincial governments.
This course fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.
Indigenous Peoples and Canadian Law
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.
Indigenous Peoples and Canadian Law
This course provides a critical survey of state law as it relates to Indigenous peoples and lands in what is now known as Canada.
Topics may include but are not limited to: historical context and constitutional framework; Indigenous law and constitutionalism; Aboriginal rights and title; self-government; treaties and treaty rights; the Indian Act; the obligations of the federal and provincial governments; and Indigenous identity.
This course fulfills the prerequisite requirement for the Intensive Program in Indigenous Lands, Resources and Governments.
Lectures will be recorded.
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.
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.
Emerging Technologies: Law, Policy and Governance
Established technologies like the internet and social and emerging ones like artificial intelligence, machine learning, and robotics, are transforming how we live, work, and interact. These changes raise a host of complex law, policy, ethical, and governance challenges in a range of domestic and global contexts, including internet censorship, the role and regulation of social media platforms, disinformation and online abuse, legal automation, algorithmic discrimination, privacy, surveillance, fintech, and cyber-warfare. Among the kinds of questions pursued in this course: Who is responsible when technology causes harms? Do we have to forego privacy for either technological innovation or security? How best to regulate social media, if at all? What can we do to prevent algorithmic discrimination and other forms of technology-enabled human rights abuse? What is “ethical” AI and how can we incentivize it?
These issues and other significant challenges and controversies in the law, policy, and governance of emerging technologies will be contextualized and brought to life via case-studies and real world scenarios involving issues that are often currently in the news and unfolding in real time outside the classroom in government, industry, and civil society. The course aims to introduce and provide a foundation in law and technology issues — to identify them, understand and think critically about them, and manage them in practice.
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.
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 is taught from a critical and policy-oriented perspective. 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.