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PO371 Course Outline 2021 Syllabus

This document provides the course outline for Political Science 371: Constitutional and Judicial Politics in Canada at Wilfrid Laurier University for Winter 2021. The course will be taught virtually by Professors Justin Diggle and Asha Rampersad on Mondays from 7-9:50 pm. Students will learn about the history and development of Canadian constitutional law, the impact of the constitution on daily life, and leading court cases. Evaluation will consist of a legal memo, charter case study, and take-home exam. The course will cover topics such as the Canadian constitution, courts and judicial independence, parliamentary government, federalism, an examination of the charter, and leading charter decisions.

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Manjot Dhillon
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107 views

PO371 Course Outline 2021 Syllabus

This document provides the course outline for Political Science 371: Constitutional and Judicial Politics in Canada at Wilfrid Laurier University for Winter 2021. The course will be taught virtually by Professors Justin Diggle and Asha Rampersad on Mondays from 7-9:50 pm. Students will learn about the history and development of Canadian constitutional law, the impact of the constitution on daily life, and leading court cases. Evaluation will consist of a legal memo, charter case study, and take-home exam. The course will cover topics such as the Canadian constitution, courts and judicial independence, parliamentary government, federalism, an examination of the charter, and leading charter decisions.

Uploaded by

Manjot Dhillon
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Political Science 371

Constitutional and Judicial Politics in Canada


Wilfrid Laurier University
Winter 2021

Instructor: Justin K. Diggle & Asha F. Rampersad Lecture Time: Monday 7:00 – 9:50 pm
Email: [email protected]; [email protected] Classroom: virtually by Zoom
Office Hours: by appointment

Students e-mailing the professor should use PO371 in the subject line
so that emails are not confused with spam.

Wilfrid Laurier University uses software that can check for plagiarism. Students may be
required to submit their written work in electronic form and have it checked for
plagiarism.

Students with disabilities or special needs are advised to contact Laurier's Accessible
Learning Office for information regarding its services and resources. Students are
encouraged to review the Calendar for information regarding all services available on
campus.

The Political Science Department’s policy on deferred midterm and final


examinations can be found at http://www.wlu.ca/arts/politicalscience

COURSE DESCRIPTION
This course examines Canadian constitutional law from a political and legal perspective, and
focuses on the development of the Constitution including the division of powers and the
Charter of Rights of Freedoms.
At the conclusion of the course, students who have attended virtual lectures, done the readings
and completed the assignments should have a basic appreciation of the fundamental concepts
and workings of the Canadian constitutional system, a fuller understanding of the practice of
law, and be more prepared to interpret and assess critically current constitutional events and
issues.

{00194485} Course Outline: Political Science 371


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COURSE LEARNING OBJECTIVES
This course has four objectives:
1. to acquaint students with the history and development of Canadian constitutional law;
2. to help students acquire an understanding of the impact of the Constitution on our daily
lives;
3. to familiarize students with some leading court cases and legal principles; and
4. to give students an idea about the practice of law and legal writing

REQUIRED TEXTS
Cases and Materials Book

COURSE EVALUATION
Legal Memo: 30% (due date: February 8, 2021)
Charter Case Study: 30% (due date: March 8, 2021)
Take-Home Exam: 40% (will be scheduled during examination period)

CLASS FORMAT:
The classes will involve virtual lectures via Zoom meetings. Lectures will complement, not
duplicate assigned readings in the course. Students will need to be prepared to analyse in
detail, a number of court decisions.
The course also has two writing assignments, both of which must be done individually.
Assignment # 1
The first assignment is a written memorandum of law wherein students will brief a number of
assigned cases and summarize the law therein for a mythical partner in a mythical law firm.
The legal memo assignment accounts for 30% of the final course grade. This assignment must
be submitted via email to Professor Justin Diggle by email before the start of lecture on
February 8, 2021. A late penalty of 2% will be applied each day for all assignments submitted
after the designated due date. The assignment will be considered late if it is not submitted by
email to Justin Diggle by 7:00 p.m. on February 8, 2021.
Assignment # 2
The second assignment consists of a Charter of Rights case study wherein students will have to
apply applicable legal principles to a case scenario. The relevant legal issues, legal principles,
analysis and conclusion must be identified and analysed. This assignment is worth 30% of the
final grade. The assignment must be submitted by 7:00 p.m. to Asha Rampersad via email on
March 8, 2021.

{00194485} Course Outline: Political Science 371


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Take-Home Exam

The final assignment will be a take-home exam worth 35% of the final course grade and will be
scheduled by the University during the official examination period. The assigned readings and
lecture contents will be examinable.

LECTURE OUTLINE AND REQUIRED READINGS


This list is subject to amendment throughout the course. Students will be advised of any
additional material and required readings.

PART I - THE BASICS OF LEGAL STUDY AND WHY CONSTITUTIONS MATTER


Readings:
 Black v. Chretien (2000)

PARTS II – FOUNDING A NATION: PRE-CONFEDERATION ROOTS TO 1867


Readings:
 Constitution Act, 1867 – Can be found at:
http://www.canlii.org/en/ca/const/const1867.html

PART III – THE COURTS AND JUDICIAL INDEPENDENCE


Readings:
 PEI Judges Reference (1997); Re Therrien (2001); Edwards v. AG Canada (1999); Taylor v.
AG Canada (2000); Bill 66 Material; Colonial Laws Validity Act; Statute of Westminster

PART IV – PARLIAMENTARY GOVERNMENT


Readings:
 Black v. Canada (Prime Minister) (2001); Zundel v. Boudria (1999); Ontario (Speaker of
the Legislative Assembly) v. Ontario (2001); Lorge v. Karwacki (1999)

PART V – FEDERALISM: POGG v. PROPERY AND CIVIL RIGHTS


Readings:
 Johannesson v. Municipality of West St. Paul, [1952] 1 S.C.R. 292; Re: Anti-Inflation Act,
[1976] 2 S.C.R. 373; R. v. Crown Zellerbach Canada Ltd., [1988] 1 S.C.R. 401

PART VI - EXAMINING THE CHARTER OF RIGHTS FROM A LEGAL AND POLITICAL PERSPECTIVE
 No required readings – Examination materials will be based on lecture

PART VII - IN-DEPTH LOOK AT CHARTER PROVISIONS AND TOOLS OF CHARTER


INTERPRETATION
 No required readings – Examination materials will be based on lecture

PART VIII - EXAMINATION OF LEADING CHARTER OF RIGHTS DECISIONS

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Readings:
 S. 1 – Reasonable Limits Clause: R. v. Oakes, [1986] 1 S.C.R. 103.
 S. 2(a) – Freedom of Religion: R. v. Big M Drug Mart Ltd., 1985 CanLII 69 (S.C.C);
Edwards Books and Art Limited et al. v. R, [1986] 2 S.C.R. 713; Syndicat Northcrest v.
Amselem, 2004 SCC 47; Alberta v. Hutterian Brethren of Wilson Colony , [2009] 2 S.C.R.
567; Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6, [2006] 1 S.C.R.
256
 S. 2(b) – Freedom of Expression: Quebec v. Ford et al, [1988] 2 S.C.R. 712; Irwin Toy Ltd.
v. Quebec (Attorney General), [1989] 1 S.C.R. 927; R. v. Keegstra, [1990] 3 S.C.R. 697; R.
v. Zundel , [1992] 2 S.C.R. 731; R. v. Sharpe, [2001] 1 S.C.R.. 45.
 S. 7 – Legal Rights: Reference re S. 94(2) Motor Vehicle Act, [1985] 2 S.C.R. 486; R. v.
Morgentaler, [1988] 1 S.C.R. 30;; Borowski v. Canada (Attorney General), [1989] 1 S.C.R.
342; Tremblay v. Daigle, [1989] 2 S.C.R. 530; R. v. Latimer, [2001] 1 S.C.R. 3.
 S. 15 – Equality Rights: Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143;
Vriend v. Alberta, [1998] 1 S.C.R. 493; Law v. Canada, [1999] 1 S.C.R. 497; M v. H.,
[1999] 2 S.C.R. 3.
 Impact of the Charter: Discussion regarding Political and legal consequences of
adoption of Charter of Rights and Freedoms

All of the above-noted cases can be obtained free of charge through the following link:
http://www.canlii.org/en/ca/.

Academic and Research Misconduct


Academic misconduct is an act by a student, or by students working on a team project which
may result in a false evaluation of the students(s), or which represents a deliberate attempt to
unfairly gain an academic advantage. Academic misconduct includes: please refer to web site:
http://www.wlu.ca/page.php?grp_id=2502&p=11452

Examination Deferrals
The University Undergraduate Regulations section of the 2015/2016 calendar:
http://legacy.wlu.ca/calendars/section.php?
cal=1&s=702&sp=2508&ss=2960&y=65#Deferred_Examination_Policy clearly states the
examination policy and the date period for each semester. Students must note that they are
required to reserve this time in their personal calendars for examinations. Students who are
considering registering to write MCAT, LSAT or GMAT or similar examinations should select a
time for those examinations that occurs outside the University examination period.
Please check this web page for additional information regarding special circumstances for
examination deferment.

The up to date, official Academic Calendar is posted on the Wilfrid Laurier University’s web site
at http://www.wlu.ca. Go to Academic Info / Academic Calendars / Undergraduate Academic
Calendar / 2015/2016.

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