Course Syllabus
POLITICAL SCIENCE 3605.03(W) SECTION A
PUBLIC LAW II
THE CHARTER OF RIGHTS AND FREEDOMS AND THE LIMITS OF PUBLIC
ADMINISTRATION
WINTER TERM, 2004-2005
ADMINISTRATIVE ISSUES:
Lectures: Fridays, 2:30 – 4:00 in Stedman
Lecture Hall D
Seminars: Approximately 1.5 Hours per week on
WebCT
10 Minute Seminar Group Meetings
As Assigned (bi-weekly basis)
Course Director: Ian Greene
Contact Information: Email:
igreene@yorku.ca
Office:
225 McLaughlin College
736-5128, ext. 77055
Office Hours:
Tuesdays and Thursdays, 10:30 to 11:30 (except during reading week), or
by appointment.
"Regular" Class Web Page:
www.yorku.ca/igreene/publaw205.html
Teaching Assistants:
-Charles Smith; chuck@yorku.ca (for exam-based questions)
-Kristopher Crawford-Dickinson; kris.dickinson@sympatico.ca
(for course-related questions and assignments)
Office Hours:
Tuesdays 9:30 – 11:30 in South Ross 611
Fridays 12:30 – 1:30 at
Glendon Campus
Or, by appointment
Course Overview: This course examines key provisions in the
Canadian Charter of Rights and Freedoms as the courts have interpreted
them. This includes freedoms of expression and association; right
to life, liberty and the security of the persons; equality rights and
non-discrimination; and the rights of Aboriginal peoples. In
addition, a section of the course is devoted to judicial review of
public administration. Useful prerequisites include: AS/POLS
2100.06 or AS/POLSE 2610.06 and AS/POLS 3600.03 or permission of the
instruction
Purpose of Course: This course will examine the influence of the
Canadian Charter of Rights and Freedoms both on jurisprudence and
politics in general. Principles of legal interpretation and the
practical political implications of Charter decisions will be
discussed. The object of the course is to review a number of
aspects of human rights legislation and case law in Canada that are
relevant to those who may work in the public sector in the future, or
in the private sector in areas that interact with government.
Degree Credit Exclusion: This course is equivalent to AK/POLS
3405.06: “Politics and Law” and SOSC 3360 6.0: “The Charter of
Rights”. Students who are taking or have taken AK/POLS
3405.06/SOCI 3900C “Politics and Law” or SOCI 3360 6.0: “The Charter of
Rights” may NOT also obtain credit for AS/POLS 3605.03.
Relation Between POLS 3600.03 and POLS 3605.03: Both of these
courses are required for PPA majors, and most students take both
courses during the same fall-winter term (PPA students may take AK/POLS
3405.06 or AS/SOSC 3360.60 instead of POLS 36053.0). About half
of Peter Hogg’s text is recommended reading in POLS 3600.03, and the
other half is recommended reading in POLS 3605.03.
Format: There will be 1.5 hours class on Friday afternoons from
2:30-4:00 and 1.5 hours weekly WebCT participation. The WebCT
participation will consist of discussing weekly questions posted by the
Teaching Assistant to the individual groups. Further, the WebCT
participation will consist of attending mandatory bi-weekly group
meetings and one Learning Seminar for the Mock Trial (the date and
seminar topic will depend on the role selected by the student).
70% Mandatory Lecture Attendance: Students are expected to attend
70% of the lectures. Failure to do so, absent extraordinary
circumstances, will result in the student not receiving the
credit. An attendance sheet will be passed around each
class. It is the student’s responsibility to ensure that he/she
signs the attendance sheet before leaving class. Failure to do so
will result in a recording of an absence in lecture for that day.
READINGS:
Required: The following are required readings:
Course Kit: This consists of a kit of required readings.
This kit can be purchased from the York University Bookstore.
Ian Greene, The Charter of Rights (Toronto: Lorimer, 1989).
Court Cases Posted On WebCT: The Supreme Court of Canada has
released several key decisions within the last 6 months that were
unable to be placed in the course kit. Students are expected to
read the decisions from WebCT. They will be located under the
“Course Content” Section under the Folder Heading of “Recent Supreme
Court Decisions”.
Recommended: The following text is recommended:
Peter W. Hogg, Constitutional Law of Canada 2004 Student Edition
(Toronto: Carswell, 2004). Earlier editions are also useful.
Other Books of Interest: The following are other books that may
interest students:
Bakan, Just Words: Constitutional Rights and Social
Wrongs
Beatty, Constitutional Law in Theory and Practice
Cairns, The Charter versus Federalism
Hutchinson, Waiting for Coraf: A Critique of Law and
Rights
Knopff and Morton, Charter Politics
Mandel, The Canadian Charter of Rights and the
Legalization of Politics, 2nd ed.
Martin, The Most Dangerous Branch: How the Supreme
Court of Canada Has Undermined Our Law and Our Democracy
Morton and Knopff, The Charter Revolution and the
Court Party
Morton, ed., Law, Politics and the Judicial Process
in Canada 3rd ed
Monahan, Patrick. Politics and the Constitution
Manfredi, Judicial Power and the Charter: Canada and
the Paradox of Liberal Constitutionalism
Roach, The Supreme Court on Trial: Judicial Activism
or Democratic Dialogue
ASSIGNMENTS AND GRADING:
Assignments and Grade:
Letter to the Editor on Reference Re. Same-Sex Marriage (Due January
21, 2005)
5%
Mid-Term Examination (Friday, February 11, 2005)
20%
WebCT Participation (Weekly Participation in Discussions on Questions
Posted By TA) 10%
Mock Trial
35%
Skeleton Outline For Mock Trial (Due date depends on
role)
10%
Final Paper (Due date depends on role)
20%
Oral Presentation on Mock Trial (March 18, 2005 or
March 25, 2005)
5%
Final Examination (During final exam period)
30%
Note: All assignments are
mandatory. Failure to hand in an assignment will result in
an incomplete for the course.
Grading Breakdown: For the purpose of averaging grades on
assignments to arrive at the final course grade, the following
numerical equivalents for letter grades will apply:
A+ 90-100
A 80-89.9
B+ 75-79.9
B 70-74.9
C+ 65-69.9
C 60-64.9
D+ 55-59.9
D 50-54.9
E 40-49.9
F
0-39.9
CLASS
SCHEDULE:
January 7: Course Introduction and
Pre-Charter Protection of Civil Liberties
Objectives of the course are explained as well as how to conceptualize
civil liberties. Further, the legal protection of civil liberties
before the Charter and the events leading up to the entrenchment of the
Charter will be analyzed.
Required Readings: Greene, Forward, Preface and Chapter 1.
Suggested Readings: Hogg, Chapter 31.
January 14: The Advent of the
Charter, The Charter and the Charter’s Critics
This lecture will examine the implementation of the Charter. It
will also provide an overview of the rights covered by the
Charter. Finally, this lecture will outline the various
criticisms of the “Charter Politics”.
Required Readings: Michael Mandel, The Charter of Rights and the
Legalization of Politics in Canada, 60-74 (Kit).
Rainer Knopff and F.L. Morton, Charter Politics, 169-196 (Kit).
Cases On WebCT: Doucet-Boudreau v. Nova Scotia (Minister of
Education)
Suggested Readings: Hogg, Chapter 33; F.L. Morton and Rainer Knopff,
The Charter Revolution and the Court Party System (Peterborough:
Broadview, 1999).
Groups 1-4 and 5-8 Mandatory Seminar Meeting (Mock Trial Roles Chosen)
January 21: Application of the
Charter and Democratic Rights
This lecture will examine how the Charter is applied and what
democratic rights mean.
Required Readings: Greene, Chapter 3, Chapter 4 and Chapter 5
(136-139 and 150-152).
Cases in the Kit: Operation Dismantle Inc. v. The Queen, [1985]; Big M
Drug Mart Ltd., [1985]; The Queen v. Oakes, [1986]; Retail Wholesale
and Department Store Union v. Dolphin Delivery, [1986]; Edwards Book
and Art Ltd. v. The Queen, [1986]; McKinney v. University of Guelph,
[1990]
Cases on WebCT: Reference re. Quebec Secession, [1998]; Syndicat
Northcrest v. Amselem, [2004].
Suggested
Readings: Hogg, Chapters 34-36.
Groups 1-4
Mandatory Meeting (10 Minutes)
How To Write
an Affidavit Seminar (Mandatory For Expert Witnesses)
Letter to the
Editor Assignment Is Due
January 28: Fundamental Freedoms:
Freedom of Expression: Language Rights
This lecture will examine cases involving s. 2(b) of the Charter and
other language rights-related cases.
Required
Readings: Greene, Chapter 7.
Cases in the Kit: R. v. Keegstra, [1990]; R. v. Zundel, [1992]; R. v.
Butler, [1992]; R. v. Sharpe, [2001]; Quebec v. Ford et al., [1988];
Devine et al. v. A-G of Quebec; RJR-MacDonald Inc. v. Attorney General
of Canada, [1995].
Cases on WebCT: Little Sisters Book and Art Emporium v. Canada
(Minister of Justice), [2000]
Suggested
Reading: Hogg, Chapter 40.
Groups 5-8
Mandatory Meeting (10 Minutes)
How To Write a Factum Seminar (Mandatory for Counsel)
February 4 Legal Rights
This lecture
will examine the leading cases involving ss. 7-14 of the Charter.
Required Readings: Green, Chapter 5 (126-136 and 139-150);
Michael Edelson, “Rape Shield Law ‘Tow-Tier Justice’”, The Lawyer’s
Weekly (Kit).
Cases in the Kit: Singh v. Minister of Employment and Immigration,
[1985]; Reference re. B.C. Motor Vehicle Act, [1985]; Askov v. The
Queen, [1990]; Rodriguez v. Attorney General of British Columbia,
[1993]; R. v. Mills, [1999].
Cases on WebCT: Canadian Foundation For Children, Youth and the Law v.
Canada (Attorney General), [2004.
Suggested
Reading: Hogg, Chapter 44.
Groups 1-4
Mandatory Meeting (10 Minutes)
How To Write a
Judgment Seminar (Mandatory for Judges)
Skeleton
Outline for Affidavits Due
February 11 Mid-Term Examination
Groups 5-8
Mandatory Meeting (10 Minutes)
Skeleton
Outline for Factums Due
February 18 Reading Week (NO
CLASSES, NO WEBCT PARTICIPATION)
February 25 Equality Rights
This lecture
will examine cases involving s. 15 of the Charter.
Required
Readings: Greene, Chapter 6.
Cases in the Kit: Andrews v. Law Society of British Columbia, [1989];
Schachter v. Canada, [1992]; Symes v. Canada, [1993]; Re Thibaudeau and
the Queen, [1995]; Egan et al. v. The Queen, [1995]; Eldridge v.
British Columbia (Attorney General), [1997]; Vriend v. Alberta, [1998];
M. v. H., [1999].
Cases on WebCT: Law v. Canada (Minister of Employment and Immigration),
[1999]; Newfoundland (Treasury Board) v. N.A.P.E. (2004).
Suggested
Reading: Hogg, Chapter 52.
Groups 1-4
Mandatory Meeting (10 Minutes)
Skeleton
Outline For Judgments Due
Note: Next Friday is the last
day to drop a winter term course. If you're considering dropping
this course, YOU MUST talk to Ian Greene or Kris Dickinson first.
We can usually help, in a number of ways.
March 4 Women and the Charter
This lecture
will examine litigating “women’s” issues in the age of the Charter.
Required Readings: Greene, Chapter 5 (152-162); Shelly Gavigan,
“Morgentaler and Beyond: Abortion, Reproduction, and the Courts” in
Janine Brodie et al, eds. The Politics of Abortion, 117-146 (Kit).
Cases in the Kit: Morgentaler v. The Queen, [1988]; Borowski v.
Minister of Justice, [1988]; Winnipeg Child and Family Services v. G.
(D.F.), [1997].
Cases on
WebCT: Newfoundland (Treasury Board) v. N.A.P.E. (2004).
Groups 5-8
Mandatory Meeting (10 Minutes)
Final
Affidavits For Expert Witnesses Due
March 11 Aboriginal Peoples and
the Charter
This lecture will examine litigating Aboriginal rights issues in the
age of the Charter. Please note, Aboriginal rights are not part
of the actual Charter (s. 35(1) is outside of the Charter, but it is
part of the Constitution Act, 1982).
Required Readings – Cases in the Kit: R. v. Sparrow, [1990]; Van
der Peet v. The Queen, [1996]; Delgamuukw v. British Columbia, [1997];
R. v. Marshall, [1999]; R. v. Marshall (Motion for Rehearing and Stay),
[1999].
Cases on WebCT: R. v. Powley, [2004]; Haida Nation v. British Columbia
(Minister of Forests), (2004).
Groups 1-4 and
5-8 Mandatory Meeting (10 Minutes)
Final Factums
Due
March 18 Labour and Social
Inequality in the Charter
This lecture
will examine labour and social inequality in the Charter.
Required Readings: Leo Panitch and Donald Swartz, The Assault on
Trade Union Freedoms: From Wage Controls to Social Contract
(Toronto: Garamond Press, 1993), 45-78 (Kit); Joel Bakan, Just Words:
Constitutional Rights and Social Wrongs, 45-62 (Kit).
Cases in the
Kit: Lavigne v. Ontario Public Service Employees Union, [1991]
Cases on WebCT: Dunmore v. Ontario (Attorney General), [2002]; Retail,
Wholesale and Department Store Union, Local 558 v. Pepsi Cola Canada
Beverages (West) Ltd., [2002]; Newfoundland (Treasury Board) v.
N.A.P.E. (2004).
Mock Trial For
Groups 1-4 (From 4:00 – 6:00pm)
March 25: Good Friday: No
Class
April 1: Charter Critics Revisited
This lecture will take another look at the criticisms of the Charter.
Required Readings: Richard Sigurdson, “Left- and Right-Wing
Chaterphobia in Canada: A Critique of the Critics” International
Journal of Canadian Studies, 7-8 (Spring/Fall, 1993), 95-115 (Kit);
Peter Hogg and Alison Bushell, “The Charter Dialogue Between Courts and
Legislatures”, Osgoode Hall Law Journal 35:1 (1997), 75-124 (Kit); Ian
Greene et al., Final Appeal: Decision-Making in Canadian Courts of
Appeal, (Toronto: James Lorimer @ Company Ltd., 1998) 199-211 (Kit).
Mock Trial For
Groups 5-8 (From 4:00 – 6:00pm)
Monday, April 4: (Make-up for missing class on March 25)
The
Future of the Charter: Review for the Exam
This lecture will look at the future of the Charter in order to provide
students with an overview for the exam.
Required
Reading: Greene, Chapter 8.
Final
Judgments Are Due