This advanced course in constitutional law offers an in-depth analysis of several Charter rights, particularly s. 2, 7, and 15, with an emphasis on "positive" rights, that is, rights that requires governments not only to refrain from certain actions (such as limiting expression) but also to positively secure certain rights (such as healthcare). The course will be of interest to students interested in advanced constitutional law, in public policy, in social justice, or in the relationship between the constitution and economic regulation. As the jurisprudence on the aforementioned Charter rights is in constant flux, we will be addressing several recent cases and examining the way the doctrinal shifts contained in them have been used in case law and may be used by litigants in future cases. Students will have the choice between a take-home examination and a paper. (To be offered jointly with LAW-305) Three term hours.
This advanced course in constitutional law offers an in-depth analysis of several Charter rights, particularly s. 2, 7, and 15, with an emphasis on "positive" rights, that is, rights that requires governments not only to refrain from certain actions (such as limiting expression) but also to positively secure certain rights (such as healthcare). The course will be of interest to students interested in advanced constitutional law, in public policy, in social justice, or in the relationship between the constitution and economic regulation. As the jurisprudence on the aforementioned Charter rights is in constant flux, we will be addressing several recent cases and examining the way the doctrinal shifts contained in them have been used in case law and may be used by litigants in future cases. Students will have the choice between a take-home examination and a paper. (To be offered jointly with LAW-305) Three term hours.
