Past Courses

Written By Craig Forcese

National Security Crisis Law (2017-18)

In association with the Department of Justice Canada, uOttawa JD and LLM students are participating in the Georgetown National Security Crisis Law course and simulation, taught by Professors Laura K Donohue and Alan D Cohn of Georgetown law school, Washington DC. 

Georgetown Law’s National Security Crisis Law (NSCL) offers a capstone experience for students who plan to pursue careers in National Security Law.

NSCL focuses on the authorities and processes that shape decisionmakers’ responses to crises. It takes into account conventional and non-conventional threats—such as cyber threats, biological weapons, narcotics trafficking, attacks on the energy infrastructure and the financial services industry, and the detonation of radiological devices—to examine the constitutional, statutory, and administrative contours of the government’s response.

Canadian legal dimensions will figure in this year’s version of NSCL. Instructors on Canadian law and operations will include Professor Craig Forcese, uOttawa, and legal counsel from the Justice Canada’s National Security Litigation and Advisory Group.

 

Public and Constitutional Law (2016-17)

Substance

This course is co-taught by Professors Craig Forcese and Michael Pal.  Part I of the course, taught by Professor Forcese, will introduce students to the public law setting, focusing on the broad principles of public law that undergird the Canadian legal system. Upon successful completion of this part of the course, you will:

  • be familiar with the sources of law in the Canadian legal system;

  • be familiar with the constitutional underpinnings of the Canadian legal system; and,

  • appreciate the essential principles of the Canadian legal system, such as the rule of law, parliamentary sovereignty, constitutional supremacy, federalism, separation of powers and the independence of the judiciary

In Part II of the course, Professor Pal will guide students through a detailed study of the Canadian Charter of Rights and Freedoms and constitutional remedies.  Upon successful completion of this part of the course, you will:

  • be familiar with the central debates surrounding the implementation and interpretation of the Charter;

  • understand the structure of the Charter, including the function of the limitations clause and the notwithstanding provision;

  • understand the sections of the Charter related to the right to vote, freedom of expression, freedom of religion, equality rights, and the right to life, liberty, and security of the person, and the jurisprudence interpreting them; and,

  • appreciate the nature and range of remedies for breaches of the Charter.

In Part III of the course, led by Professor Forcese in Winter term, students will examine in greater detail the organization of the courts and the structure, role and functions of the legislative and executive branch.  Here, we also focus on legislative and the legislative process. Upon successful completion of this part of the course, you will:

  • understand the membership and functions of the branches of government, the interplay between the branches of government and the role of the courts in overseeing administrative action;

  • appreciate the scope and importance of legislation in the Canadian legal system;

  • understand the federal legislative process; and,

  • understand concepts relating to statutory interpretation.

In addition to these matters, students should expect to be exposed to questions of government accountability through such instruments as the Access to Information Act, and (time permitting) the Lobbying Act, the Conflict of Interest Act and the Canada Elections Act.  Students will file an federal access to information request in September and hopefully receive a response by February.

Last taught: 2016-2017.

 

Public Law and Legislation

This course constituted an introduction to legislation and public law, focusing on the structure of the Canadian legal system, including: sources of law, the federal legislative process and statutory interpretation; the legal system's constitutional basis; the organization of courts and tribunals in Canada and appeal processes; and the role of the courts in overseeing legislative and administrative action. 

It has now been superseded by Introduction of Constitutional and Public Law. However, the full final syllabus remains hosted at H20 and is accessible here.

Craig Forcese
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