Charter Issues in Criminal Law (Dr. Jochelson)

Course number: LAW 3590

We will consider the Charter based implications governing the detention, arrest and investigation of accused persons in the Criminal justice system. Students are encouraged to think critically about the justice system and the integral role lawyers play in delivering ethical and effective legal service.

Extended Course Description

PREREQUISITE: This course is a prerequisite to 3900 Clinical Elective: Intensive Criminal Law.

COURSE CONTENT: The course focuses on the legal dynamics of police/civilian encounters by reviewing the law surrounding detention, arrest, search and seizure and, as time permits, other investigatory matters. The emphasis is on Charter violations and the recent case law in the main areas of instruction.

The course will also examine selected Charter remedies that can apply when police investigations violate Charter rights.

MATERIALS: The required material for the course consists of the Criminal Code, The Charter of Rights and Freedoms and a course textbook. Required cases will be posted to UMLearn.

TEACHING METHOD: The course is taught primarily by the seminar method using student-led flipped classroom methods. Student participation, some group work, and discussion are required.

METHOD OF EVALUATION: 70 percent final memorandum assignment. 10 percent attendance and participation. 20 percent in-class seminar including graded online seminar answers to be completed by student presenters and posted for the benefit of the entire class. Seminar assignment will contain a series of 10-15 questions to be presented in class and answered in typed form for publication to UMLearn. Bonus points for participation in Robsoncrim and research surveys may be offered.

INSTRUCTOR: Richard Jochelson


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