and the Limits of Public Administration
AS/POLS 3605 3.0

This is the web page for Section A of Public Law II, 2003-04 (winter term).

Course Director:  Ian Greene;
Office: 124 McLaughlin College, Ph: 736-5128, ext. 77055
Usual Office Hours (check Prof. Greene's home page for temporary changes)
Mondays, 10:30 to 11:30.
Tuesdays 10:30 - 12:00 noon; or by appointment
(Note:  office hours are cancelled on Tuesday, Feb. 17, due to reading week.)

Teaching Assistants:
 •For writing assignment:  Kristopher Crawford-Dickinson;
 Usual office hours:  Wednesdays 11:30 to 1:30, 611 South Ross.

 •For exams:  Kristin Skinner; email

Mid-term exam:  Class average was 72.4%.  Students who did not do well are encouraged to do the optional extra assignment (see link below).

FINAL EXAM:  Saturday, April 24 at 7:00 p.m. (19:00 hrs.) to 9:00 p.m.  The exam period is two hours.  The location of the exam is Vari Hall B.  There will be a class party to celebrate the end of the exam  in The Cock and Bull, which is in the basement of Founders College.

Students who prefer not to write the examination at this time for religious reasons may write the examination during a period reserved for religious accommodation. (Please talk to Prof. Greene as soon as possible to set an alternate date.)  See Senate policy on religious accommodation.

Constitutional Cases Conference:  April 2:  The student rate is $75 per student.  Students who wish to attend should e-mail their particulars, mentioning the fact that they are your students, to Darryl Humber at

Useful links:
 Supreme Court of Canada
 Canadian Information by Subject
 Ontario Court of Justice
 Access to Justice Network
 Charter of Rights Decisions on Mapleleafweb

The Canadian court structure
Constitution Acts, 1867 to 1982
Halpern case, Ontario Court of Appeal (gay marriage case)   Synopsis of Halpern case
Canadian Judicial Council
How federally-appointed judges are selected
How provincially-appointed judges are selected in Ontario
Ethics Statement of Canadian Judicial Council

Course Outline
Writing Assignment
Citations Guide, by Kristopher Crawford-Dickinson
This Grading Sheet must be attached to all case commentary assignments when handed in
This Grading Sheet must be attached to all SKELETON OUTLINES when handed in
Kris Crawford-Dickinson:  Ten Steps on How to Write and "A" Paper
Optional Extra Assignment

Video Class

Overheads from class:

Human Rights (Jan. 6/04)
The development of rights consciousness in Canada (Jan. 8/04)
The Road to the Charter (Jan. 13/04)
The Charter Critics (Jan. 15/04)
Application of the Charter (Jan. 20), including Big M, Operation Dismantle, and Oakes
Application of the Charter 2 (Jan. 22), including Edwards Books & Art, Dolphin Delivery, and McKinney v. U of Guelph
Keegstra, Zundel and Sharpe (Jan. 27)
Butler and RJR-MacDonald (Jan. 29)
Ford & Devine (Feb. 3)
Language Rights (Feb. 3)
Legal Rights, including Singh, B.C. Motor Vehicle Act Case, Therens, and Valente (Feb. 5)
Legal Rights (2), including Askov, Rodriguez, Mills & Hunter v. Southam (Feb. 10)
Feb. 12:  Mid-Term Exam.  This will be an in-class exam, and will consist of objective questions (eg. fill-in-the-blanks, matching cases to impugned legislation and significance of cases, true and false, etc.)  Suggestion:  consult:  Review notes for Part I of course

Equality rights (1), including Andrews, Turpin, RC High School Funding Case, Schachter, Symes, Thibaudeau (Feb. 24)
Equality rights (2), including Egan, Vriend, MvH, and Eldridge (Feb. 26)
Women and the Charter (1), including Morgentaler, Borowski and Winnipeg Child & Family Services (March 2)
Women and the Charter (2), including Daigle case, and Gavigan article (March 4)
Aboriginal People and the Charter:  Sparrow, 1990; Van der Peet, 1996, Delgamuukw, 1997, Marshall (March 9 & 11)
Labour and the Charter (March 16)
Social Inequality and the Charter (March 18)
Charter Critics Revisited (March 23)
Final Appeal (March 25)
The Courts and Democracy (March 30)
Future of the Charter (April 1)
Review Notes (April 1)