Clinical Administrative Law (Gisser)

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Course Number
LAW 3020
Category
,
Course Description

The University Calendar describes this course as follows: the primary purpose of this course is to train students in lawyering skills. Students will be required to engage in classroom work and participate in simulated exercises. Emphasis will be given to the differences and similarities between administrative tribunal and court advocacy.

ENROLMENT: Enrolment is limited to 16 students. Since students will sometimes be paired for assignments, there must be an even number of registrants, which may have to be accomplished by a lottery after the initial allocation of students to the course, if a student or students drop(s) out.

SPECIAL NOTES: Class attendance is compulsory. If you are planning to take more than one week off at mid-term break, DO NOT take this Course.

Teaching Method

The course content and teaching methods may include the following:

1. Skills training exercises in drafting, advocacy, interviewing, examination and cross-examination of witnesses – primarily through simulated judicial review applications and Board hearings, for which students will be expected to work in teams. The skills training exercises will be critiqued.

2. Guest speakers including administrative law practitioners, members of the judiciary and members of administrative tribunals. Individually and in panels discussion will focus on effective advocacy (written & oral), differences between various types of administrative tribunals and how to ascertain those differences, handling specific types of legal issues including statutory interpretation and constitutional issues, practice, procedure and strategy in both provincial and federal courts and administrative tribunals.

3. Assignments may also include reporting on the jurisdiction and functions of various administrative tribunals. Students prepare written and oral reports of their findings based on their research and, if possible, communication with a tribunal, which is generally done outside of classroom time.

4. Discussion of topics that may not have been dealt with in the compulsory administrative law course, for example differences between advocacy before courts and advocacy before administrative tribunals, and alternative administrative law (non-court and or tribunal) remedies.

Assessment

This is a Pass/Fail Course designed to be a positive learning experience. Student performance will be assessed on active and satisfactory participation in all classes, including satisfactory completion of all assignments, both written and oral.

Course Materials

To be provided as required

Instructor

David T. Gisser