PUBLIC LAW I
AS/POLS 3135 3.0 (F) SECTION A
(Crosslisted to: AK/POLS 3135 3.00, AK/SOCI 3135 3.00,
GL/POLS 3135 3.00, AK/PPAS 3135 3.00)
THE CONSTITUTION AND THE COURTS IN CANADA
FALL TERM 2007
Course Director: Ray Bazowski
Office: 131 McLaughlin College
Office Hours: T, F 1-2 pm, and by appointment
Contact: (416) 736-2100 ext. 20723
rbazk@yorku.ca
Lectures:
Fridays, 2:30 – 4:30 TEL 0016
Tutorials:
01
02
03
04
F
F
F
F
11:30 R S102
11:30 VH 1020
9:30 VH 1018
10:30 VH 1018
THE COURSE:
This course will examine the role of the courts in the governmental process in Canada, and
particularly in relation to leading Supreme Court of Canada decisions regarding the Division of
Powers between the federal government and the provinces. Attention will be paid to formal
constitutional interpretation, the politics of the judicial process, and the relation between law, public
policy and administration in Canada.
Relation Between POLS 3135 and POLS 3136: Most students who take Public Law I (3135) also
take Public Law II (3136) (though there is no requirement to do so). Public Law II is taught during
the Winter Term in the same time period and focuses on Supreme Court of Canada decisions
relating to the Charter of Rights and Freedoms.
LAST DAY ON WHICH YOU CAN DROP THIS COURSE WITHOUT RECEIVING A
GRADE IS NOVEMBER 9
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READINGS:
Required:
Course Kit: This consists of a kit of required readings. This kit can be purchased from the
Keele Copy Centre, 4699 Keele Street. 416-665-9675
Text: Gerald L. Gall, The Canadian Legal System (Scarborough: Ontario, Carswell, 2004).
Recommended:
Peter W. Hogg, Constitutional Law of Canada Student Edition.
Joanne Buckley, Fit to Print: The Canadian Student’s Guide to Essay Writing (Toronto:
Harcourt, 2001).
Web Resources:
Supreme Court of Canada homepage:
http://www.scc-csc.gc.ca/Welcome/index_e.asp
Reported decisions of the Supreme Court 1983 to present:
http://scc.lexum.umontreal.ca/en/index.html
Canadian Legal Information Institute (a search engine for reported court cases in all Canadian
jurisdictions)
http://www.canlii.org/en/index.html
Osgoode Hall Law School sponsored blog containing commentaries on and discussions of Supreme
Court decisions:
http://www.thecourt.ca/
Homepage of the Canadian Judicial Council:
http://www.cjc-ccm.gc.ca/article.asp?id=5
Homepage of the Office for the Commissioner For Federal Judicial Affairs:
http://www.fja.gc.ca/fja-cmf/index-eng.html
Legal Information Institute (Cornell University Law School), a legal resource for U.S. constitutional
law:
http://www.law.cornell.edu/
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3
ASSIGNMENTS AND GRADING:
Assignments and Grades:
Mid-Term Examination (October 26)
Case Commentary (due November 16)
Tutorial Participation
Final Examination
(scheduled during examination period)
20%
40%
10%
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+
B+
C+
D+
E
90-100
75-79.9
65-69.9
55-59.9
40-49.9
A
B
C
D
F
80-89.9
70-74.9
60-64.9
50-54.9
0-39.9
Academic Honesty: Students who cheat on exams or written assignments will receive an F in
the course and may be subject to expulsion from the university. Please familiarize yourself with the
Faculty Policy on academic dishonesty.
Students With Special Needs: Students with physical, psychological or learning disabilities
may request reasonable accommodations in teaching style or evaluation methods, as outlined in the
York University Senate Policy on Students with Special Needs. They should advise the Course
Director and the Teaching Assistant at the earliest opportunity, so that appropriate arrangements
may be made.
Religious Observances:
Should students require accommodation because of religious
observance reasons, please contact the Course Director or Teaching Assistant at the earliest
opportunity.
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Lecture Schedule
September 7:
Course Introduction and Preliminary Observations on the Law
Lecture: Objectives of the course are explained. This lecture will introduce
some of the distinctions in law and explain the various sources of law. It will
also provide some observations on the nature and functions of the law.
Required Readings: Gall, Chapters 1 and 2.
September 14:
University Holiday—no classes held.
September 21
Structure of the Courts and Basic Constitutional Principles
Lecture: The structure and hierarchy of the courts will be explained. Basic
constitutional concepts will also be explained.
Required Reading: Gall, Chapters 3-5
I. Greene, “The Administration of Justice” [Kit, p. 17]
Recommended Reading:
September 28:
Hogg, Chapters 1-3, 9 and 12
The Structure of the Canadian Constitution and the Quebec Legal
System
Lecture: The structure of the Canadian Constitution will be explained. An
overview of the Quebec Legal System (which is based on the Civil Law
System) will be provided.
Required Reading: Gall, Chapters 6-8
G. Stevens, “Origins of Can. Federalism” [Kit p. 53]
October 5:
The Role of the Courts
Lecture: The overall role of the courts in the legal process will be explained.
Topics that will be covered by this lecture include: judicial independence,
stare decisis, statutory interpretation and natural justice.
Required Reading: Gall, Chapters 9-12
Ref. re. Remuneration of Judges… [Kit, p. 321]
S.M.Waddams, Introduction to the Study of Law [Kit,
p. 1].
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5
P. McCormick, Canada’s Court, Chapter 1 [Kit, p.
10].
Recommended Reading:
October 12:
Hogg, Chapters 15-16.
Judicial Interpretation of “Peace, Order and Good Government”
(POGG)
Lecture: The Judicial Committee of the Privy Council’s early cases
involving the interpretation of POGG will be discussed.
Required Reading: Russell v. The Queen [Kit, p. 220]
Local Prohibition [Kit, p. 224]
Re Board of Commerce Act [Kit, p. 228]
Toronto Electric Commission v. Snider [Kit, p. 232]
October 19:
POGG II
Lecture: The Judicial Committee of the Privy Council’s later cases
involving the interpretation of POGG will be discussed. The Supreme Court
of Canada’s decisions involving POGG will also be discussed.
Required Readings: Employment and Social Insurance Act [Kit, p. 257]
A.G. Ont. v. Canada Temperance Federation [Kit, p.
264]
Johannesson v. West St. Paul [Kit, p. 266]
Reference re Offshore Mineral Rights [Kit, p. 270]
Reference re Anti-Inflation Act [Kit, p. 279]
The Queen v. Crown Zellerbach [Kit, p. 288]
Recommended Readings:
October 26:
None.
Mid-Term Examination
Lecture: There will be no lecture since the Mid-Term Examination will be
written during lecture time.
Required Readings: None.
Recommended Readings:
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None.
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November 2:
Property and Civil Rights Versus Trade and Commerce
Lecture: The Province’s powers over Property and Civil Rights (s. 92(13) of
the Constitution Act, 1867) will be compared with the Federal Government’s
power over Trade and Commerce (s. 91(2) of the Constitution Act, 1867).
Required Readings: Citizens Insurance Co. v. Parsons [Kit, p. 218]
Proprietary Articles of Trade Assoc, [Kit, p. 235]
Natural Prod’s Marketing Ref [Kit, p. 248]
Chicken and Egg Reference [Kit, p. 274]
General Motors v. City National Leasing [WebCT]
Recommended Readings:
November 9:
Hogg, Chapters 20-21.
Criminal Law and Co-Operative and Executive Federalism
Lecture: The Criminal Law Power (s. 91(27) of the Constitution Act, 1867)
and the Provincial Regulatory Power (s. 92(15) of the Constitution Act, 1867)
will be examined. Co-operative and Executive Federalism will also be
examined.
Required Readings: R. v. Hydro Quebec [Kit, p. 310]
Reference re Fireams Act (2000) [WebCT]
Bedard v. Dawson [WebCT]
Westendorp v. The Queen [WebCT]
Nova Scotia Interdelegation [Kit, p. 297]
P.E.I. Potato Marketing Board [Kit, p. 300]
Aeronautics Case [Kit, p. 239]
Radio Case [Kit, p. 244]
The Labour Conventions Case [Kit, p. 260]
G. Stevenson, “Federalism…” [Kit, p. 124]
Recommended Readings:
November 16:
Hogg, Chapter 18
The Regulation and Taxation of Natural Resources, The Environment
and Other Division of Powers Issues
Lecture: Examination of the taxation of natural resources and the
environment.
Required Readings: Canadian Industrial Gas and Oil [Kit, p. 303]
Central Canada Potash [Kit, p. 306]
R. v. Hydro Quebec [Kit, p. 310]
O’Harra v. B.C. [Kit, p. 397]
CN v. Courtois [Kit, p. 398]
AGT v. Canada [Kit, p. 399]
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Friends of Oldman River v. Canada [Kit, p. 403]
Ont. Hydro v. Lab. Rel’s Broad [Kit, p. 407]
Recommended Readings:
None.
CASE COMMENTARY DUE NOVEMBER 16
November 23:
Criticisms of the Judicial Interpretation of the Division of Powers
Lecture: Criticisms of how the courts have interpreted the Division of
Powers will be examined.
Required Readings: F. Vaughan, “Critics of the…” [Kit, p. 92]
A. Cairns, “Comment on Critics…” [Kit, p. 115]
P. Russell, “Comment on Critics…” [Kit, p. 120]
J. Saywell, “The Watson Era,” and Viscount Haldane”
[Kit, pgs. 65 and 73]
Recommended Readings:
November 30:
None.
The Political Dynamics of Constitutional Reform 1981-Present
Lecture: The difficulty behind why it has been so difficult to reform the
Canadian constitution will be examined. Also examined will be whether the
process of constitutional reform has contributed to an irreparable alienation
of Quebec from Canada. Finally, the question of whether the constitution
confers identities on peoples will be examined.
Required Readings: A. Cairns, “Constitutional Change…” [Kit, p. 138]
R. Gibbons, “Shifting Sands…” [Kit, p. 163]
Senate Reference [Kit, p. 316]
Patriation Reference [Kit, p. 318]
Meech Lake and Charlottetown Accord [Kit, pgs. 375 and
378]
Resolution on Recognition of Quebec… [Kit, p. 389]
An Act Respecting Constitutional Amendment [Kit, p.
390]
A Framework to Improve the Social Union… [Kit, p.
392]
Reference re. Secession of Quebec [Kit, p. 337]
K. McRoberts, Misconceiving Canada, Chapter 9 [Kit, p.
151]
P. Hogg, “The Duty to Negotiate” [Kit, p. 178]
Recommended Readings:
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None.