Public Law II:  THE CHARTER OF RIGHTS AND FREEDOM
and the Limits of Public Administration
AS/POLS 3605 3.0

This is the web page for Section A of Public Law II, 2004-05 (winter term), Fridays, 2:30 - 4:00 (sometimes to 5:30).

Course Director:  Ian Greene; igreene@yorku.ca
Office: 224 McLaughlin College, Ph: 736-5128, ext. 77055
Usual Office Hours (check Prof. Greene's home page for temporary changes)
Tuesdays and Thursdays, 10:30 to 11:30, or by appointment.
(Note:  office hours are cancelled on Feb. 15 & 17, due to reading week.)

Teaching Assistants:
 •For electronic discussion groups, course-related questions, and writing assignments:  Kristopher Crawford-Dickinson; kris.dickinson@sympatico.ca
            Office Hours:     Tuesdays 9:30 – 11:30 in South Ross 611
                        Fridays 12:30 – 1:30 at Glendon Campus
                    Or, by appointment

 •For exams:  Charles Smith; chuck@yorku.ca
    Office Hours:  Thursdays, 1:00 to 2:30, and 4:00 to 5:30 p.m., S628 Ross

The Final Exam is tentatively scheduled for Thursday, 28 April, 2005,
2:00 p.m. to 4:00 p.m., TEL 0005, TEL 0006
.  Glendon students will write in the usual Glendon classroom.

Study Guide for Final Exam

Review Notes for Mid-Term Exam, February 11, 2005

NOTE:  This course is being offered as a technology-enhanced learning course.  Lectures will be held Friday afternoons from 2:30 to 4:00 in Stedman D; they will be videoconferenced to Glendon College as well (Room 144 Glendon Hall).  Most tutorials will be conducted on WebCT at a time convenient to students; some will be held in person from 4:00 to 5:20.

All students in this course MUST register for a York WebCT account.  To activate your York WebCT Account, first activate your York email, and then go to this web page: 

http://www.yorku.ca/fsc/webct/student/quickstart.htm#activatewebctservice

Lectures:      Fridays, 2:30 – 4:00 in Stedman Lecture Hall D
Seminars:      Approximately 1.5 Hours per week on WebCT, and sometimes "live" between 4:00 and 5:30.
        10 Minute Seminar Group Meetings As Assigned (bi-weekly basis)

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.

The course outline can be downloaded from the WebCT account, or you can click on this link.

Students will be divided into tutorial groups of about 15 students each.  Each group will prepare for a mock trial to be held toward the end of term.  Students will prepare written assignments associated with the mock trial (eg. students assigned to be judges will write judgments; students assigned as counsel will write factums [arguments]; students assigned as expert witnesses will write affidavits [reports].)  Each mock trial will be videotaped and webstreamed for all tutorial groups to view.  Students who completed AS/POLS 3600 3.0 in the fall term of 2004 must assume a different role in the mock trial for POLS 3605 than the role they assumed in POLS 3600.

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.

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.

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
Reference re Same Sex Marriage
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
Letter to the Editor Assignment
Mock Trial 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

Overheads from class:

Human Rights (Jan. 7/05)