Constitutional Law (Professor Heckman)

Course number: LAW 1460

Overview

Canadian constitutional law seeks to identify, define and reconcile the rights, responsibilities and functions of governments, communities and individuals in Canada.  This course aims to enable you to develop a critical understanding of the basic principles, theoretical debates and judicial doctrines that underlie and inform the division of powers between the federal and provincial governments, the relationship between aboriginal peoples and Canada and the rights guaranteed by the Canadian Charter and Rights and Freedoms and to apply this knowledge to identify constitutional issues and formulate persuasive constitutional law arguments.

Teaching Method

Lectures and discussions focusing on the assigned readings. Optional weekly one-hour question and answer tutorial.

Assessment

Lectures and discussions focusing on the assigned readings. Optional weekly one-hour question and answer tutorial.

1. A two to three hour open book examination on federalism and the division of powers counting for between 30 and 40% of your final mark.  The exam will consist of one or two long hypothetical problems and may also include an essay question.  This exam will take place in December.

2. An essay or case comment of no more than 3000 words on aboriginal constitutional law counting for about 20% of your final mark.

3. A two to three hour open book examination on the Charter counting for between 30 and 40% of your final mark.  The exam will consist of one or two long hypothetical problems and may also include an essay question.  This exam will take place in April.

4. A class participation / engagement mark of up to 10% based on a combination of one or more of in-class participation, participation in online forums and out-of-class engagement (TBD).

Course Material

Canadian Constitutional Law, 4th ed., Edited by Macklem et al., (Toronto: Emond Montgomery, 2010), Supplement (online), other materials and cases posted on course page.

INSTRUCTOR:  Gerald Heckman

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