con law class 1

Introduction and Fundamental Concepts

• The foundation of legal education and the rule of law

  • Emphasis on the importance of rules that govern society.

  • Legal profession exists due to a common understanding of these rules.

  • Underlying theme of constitutional democracy being under threat globally.

Constitutional Crisis in American Democracy

• Current state of U.S. constitutional democracy

  • Acknowledgment of the crumbling status quo.

  • Notable decline in democratic norms, trust in the process, and increase in violence associated with politics.

  • Need for caution in declaring the end of American constitutional democracy.

  • Inevitability that the current damages to the system are likely to worsen throughout the presidential term.

  • Salvaging the system may become a generational project.

Global Context and Impact of U.S. Trends on Canada

• Broader implications of U.S. constitutional crisis

  • Canada is not insulated and will face pressures stemming from this crisis.

  • Influences of U.S. political and media institutions on Canadian frameworks.

• Discussion of authoritarianism and how it may influence Canadian laws and policies.

  • Exploration of potential shifts towards competitive authoritarianism in U.S. actions.

Questions for Reflection on the Canadian Constitutional System

• Necessity to examine the legal and structural pillars supporting the constitutional order in Canada.

  • Inquiry into decision-making processes within institutions of government.

  • Assessment of the strength of legal norms guiding the constitutional system.

  • Exploration of who is responsible for defending the constitutional order in Canada, and their likely responses to stressors.

Personal Reflection on the Academic Journey

• Instructor's background in building democratic legal structures

  • Personal experience working in countries with weak or non-existent rule of law.

  • Unforeseen discussions about protecting democracy arising in Canada.

• Goals for students:

  • Equip future legal professionals to become active defenders of constitutional democracy.

  • Encourage improvements in constitutional order and critical engagement with content discussed in class.

Course Logistics

• Attendance and office hours

  • Listed office hours: Wednesdays, 11:30-12:30, and 01:30-02:30.

  • Availability for appointments appreciated, particularly with prior emails.

• Structure of class materials and reading requirements

  • Focus on foundational casebooks with updates for the academic year.

  • Note on the upcoming 2025 version of the casebook being longer than the 2022 version.

  • Aim to cut down on readings over the semester while balancing comprehensive education.

Course Themes and Topics Overview

• Fall term focus on the Charter of Rights and Freedoms

  • Breakdown of rights, including freedom of expression, section seven, freedom of association, and privacy rights.

• Transition in January to division of powers

  • Examination of federal vs. provincial jurisdiction, and relevant doctrines of interpretation, alongside issues like marijuana legalization and environmental protection.

• Aboriginal law to cover treaty rights, duty to consult, and section 35 rights.

  • Final classes will summarize key concepts and approaches related to elections in Canadian democracy.

Evaluation Criteria

• Structure of course evaluations

  • Two exams (no take-home exam due to concerns about academic integrity).

  • Essay component designed to examine critical thinking about constitutional values, case law engagement, and independent substantiation of perspectives.

  • Emphasis on unique perspectives and not merely reiteration of the instructor's views.

• Weighting of participation as a fail-safe mechanism to encourage attendance and active contribution.

Controversial Legal Questions and Classroom Environment

• Emphasis on civil discussion of controversial topics (e.g., freedom of expression, protest movements).

  • Students encouraged to engage respectfully with differing viewpoints.

  • Importance of intellectual engagement with perspectives not commonly held.

Constitution Fundamentals

• Types and roles of constitutions globally

  • Most nations utilizing codified constitutions.

  • Evolution in constitutions post-World War II, primarily within the past forty years.

• Functions and purposes of constitutions

  • Defining national values, governmental authority, decision-making processes, limitations on power, and mechanisms for amendments.

Specific Constitutional Elements in Canada

• Components of the Canadian Constitution and their development

  • Acts of 1867 and 1982, common law influences, and unwritten principles.

  • Mention of judicial rulings establishing constitutional status of ordinary statutes.

• Challenges related to unwritten principles in judicial contexts and interpretation (e.g., Quebec Secession Reference and the Ontario v. Toronto case).

Discussion on Legitimacy, Judicial Power, and Resilience

• Power dynamics and accountability within institutional governance

  • Deliberate considerations on the judiciary's legitimacy versus elected officials accountable to the populace.

  • Discussion on the potential challenges facing the judiciary in reinforcing constitutional order.

Falcon's Article on Constitutional Rights

• Analysis of factors leading to dysfunction in democracy (polarization, media consolidation, corruption by money).

  • Consideration of relevant applications to the Canadian context and possible concerns.

• Resilience of Canadian institutions and mechanisms to uphold constitutional principles amid stressors, including the media, judiciary, and legislative accountability.

Closing Thoughts and Continuing Engagement

• Importance of reflecting on broader constitutional frameworks while exploring specific legal content.

  • Encouragement of critical thinking regarding how the constitutional order can be maintained or endangered as future legal practitioners.