You are on page 1of 10

Page | 1

The Constitution of Canada and the Charter of
Rights and Freedoms – University of Toronto
Scarborough – POLC68
Fall 2015
Instructor:
Email:
Office hours:
Office location:
Office Tel.:

Dr. Alison Braley-Rattai
abraley@utsc.utoronto.ca
Tues. and Thurs. 11:00- 1:00
P106-2
416-208-4885

Lecture: Thurs. 9-11
Location: HW 215
Course
description………………………………………………………………………
………p.1-2
Required
Text…………………………………………………………………………………
……p.2
Learning
Outcomes…………………………………………………………………………
……p.2
Assessment………………………………………………………………………
………………….p.2-3
Assignment
Details……………………………………………………………………………
….p.3
Course Logistics and
Policies…………………………………………………………………p.3-7
Accommodation………………………………………………………………………
……………………p.3-4
Correspondence………………………………………………………………………
……………………p.4
Maintaining Respectful Learning
Environment……………………………………………….p.4

The course material will be delivered through a combination of lecture and active discussion of student-identified questions and concerns.6 Turnitin Statement……………………………………………………………………………………… p.. .... In particular.p. expression and association)... *All other required readings will be made available to students via the course website.... This undertaking will include an examination of the Charter’s evolution from the failed ‘Victoria Charter’. 2nd ed.... 6-7 Class Readings Schedule………………………………………………………………………p. and the role and evolution of the Canadian Charter of Rights and Freedoms (Charter).... this course will look at the evolution through judicial implementation of the following key areas: section 2 fundamental freedoms (religion.. Students are expected to come to class having read the assigned material.. Oxford University Press.. Canadian Politics and Government in the Charter Era.... through to the Charter’s patriation..5 Academic Integrity Matters – Plagiarism……………………………….....Page | 2 Laptops/Cell Phones/Technology…………………………………………………………………. 2013...p.7-9 Course Description The overall objective of the course is for students to acquire a good working framework of Canada’s constitution – as it relates to the courts and the federal division of powers. Required Text MacIvor...... articles 7-10 of the Charter’s section on legal rights and section 15 equality rights.p. Heather... where relevant. (for purchase in bookstore)..4-5 Submission of Written Work………………………………………………………………………….

3. To comprehend the institutions and key actors that frame constitutional law. 2. To acquire in-depth knowledge of key sections of the Charter and leading caselaw.Page | 3 Learning Outcomes 1.except Sept. 26th Final Exam 30% Final exam period The total of all your assignments is presently 95%. following a simple majority vote at our scheduled class on Sept. 6. 5th Essay Outline with annotated bibliography 10% Nov. 5. 22nd Oct. 3rd. To analyze and summarize reading material in order to identify key points and arguments. To apply key concepts and knowledge of material to specific fact scenarios. 1st In-Class Test 10% Oct. To evaluate and defend particular positions with reference to key concepts and facts. 4. 22nd Critical Review 10% Nov. Assessment ASSIGNMENT VALUE DUE DATE Weekly in-class writing assignment Case Brief Exercise 10% 5% Weekly -. including the distribution of powers among the entrenched levels of government and the judiciary. To acquire scholarly research skills and familiarity with relevant scholarly sources. The remaining 5% will be allocated to one of four options chosen from the above assignment list. Oct. of the students present who wish to participate. 15th and Oct. Assignment Details . 12th Argumentative Essay 20% Nov. 24th (week 3).

If you still require an accommodation. under ‘accommodation’. 2.utsc. If you have an ongoing issue requiring accommodation. please see above. http://www. you will be allowed to do an alternative assignment. While I appreciate that it is unfortunate.ca/~ability/ If you require accommodation (such as an extension or make-up exam) for any other reason. For all other assignments You must notify the instructor BEFORE the scheduled deadline. You should contact the instructor by email ASAP. Please note that no more than 2 assignments can be ‘made up’ in this way. please do the following: 1. Please note that work schedules will not normally be the basis for an accommodation.utoronto. however. then please be referred to AccessAbility Services. you must approach the instructor. Accommodation If you require accommodation owing to a disability of an ongoing nature (this includes both physical and mental health issues). Course Logistics and Policies Please ensure that you know and abide by all the requirements contained in this outline. perhaps even . Ignorance of such will not be considered a reasonable ground for any dispensation. Please note that you should make every reasonable effort to complete all assignments so as to hand them in at the prescribed time. Missed Weekly Writing Assignment If you miss a weekly writing assignment and you have a legitimate reason excusing your absence from class and you wish to be credited for the assignment.Page | 4 Please see separate assignment sheet for details. at which time it will be discussed whether an accommodation is warranted. Please also note that flexibility has already been built-into the construction of many of the assignment deadlines.

part of managing your life means being able to juggle certain kinds of responsibilities. but of respect as it is very distracting to the instructor. Cellphones. that is. depressed or overwhelmed you should first be referred to the campus Health and Wellness Centre.ca Please be sure that you use only a valid 'utoronto' email address when doing so. Please note that if you are feeling distressed. They are not. permitted to surf the Internet.utsc. or any other unanticipated change will be posted on the course website. Please do not talk over other people. or hold side conversations. You heard it here first! Please see the following: . and Other Technology Students are welcome to use laptops in class only for purposes related to the course at hand. to view materials on the course website and/or to take notes. (In other words.ca/~wellness/ Correspondence Please feel free to correspond with me outside of office hours. with a pen and paper) is a superior means of both comprehending and retaining relevant information.Page | 5 unfair. check texts. if you take notes the old-fashioned way you will be smarter). Please try to contend with others’ opinions in a mature and respectful manner and listen to them fully before responding.utoronto. it is easy to tell from the front of the room who is and who is not paying attention. at abraley@utsc. that some students must maintain paid employment while others are not so required. Maintaining a Respectful Learning Environment Meaningful discussions will likely result in disagreements between contending parties. Laptops.utoronto. Again. http://www. (Believe me. interrupt. This is not a question of paternalism. Announcements such as a class cancellation due to illness. no it is not just 'your business') and that note-taking by hand (yes. or otherwise use devices in such a way as to disrupt the classroom environment. I have constructed the syllabus in such a way so as to respect the juggling act that many students are required to perform.) Furthermore. It is advised that you check the website prior to class and on a regular basis in order to receive any pertinent information in a timely manner. studies reveal that the use of devices for other than educational purposes is distracting to students around you (so.

however. Since only you know what assignments you have due and when. You have been forewarned! Absolutely no digital (video or audio) recording of the lectures is permitted. All other written assignments are due in lecture. in hard copy! Students may hand them in before lecture begins. Exceptions are permitted for urgent situations (e. you have the opportunity of submitting your work on either the day that I assign as the deadline. Be advised. Cellphones must be turned off (not switched to vibrate) in class and may not be used during class time. please take a seat quickly and quietly and hold-on to your assignment until lecture has finished. Persons requiring such accommodation are asked to confidentially notify the instructor in advance of class. Otherwise. during our 5-minute break. or the following lecture one week later (and by 11 AM in the case of the critical review and argumentative essay). all deadlines for written work (save that of the in-class test and final exam) are subject to a one week ‘extension.. so that you can hand in all your course work on time.ca/2013/03/13/multitasking-on-laptop-impedes-classroomlearning-york-u-study-shows/ Full article will be uploaded to course website. Submission of Written Work The critical review and the argumentative essay are to be submitted in soft copy by uploading onto the turnitin website. students will . health or other urgent matters). that after the second ‘deadline’ has passed. If you are late for lecture. except owing to exceptional circumstances and with the written approval of the student whose work is being picked-up or dropped off. except for the private use of recordings for students with disabilities. or as soon as lecture ends.’ What this means is that you are expected to manage your work schedule appropriately.g. You are asked to notify the instructor in advance if you are experiencing such exigent circumstances.yorku.Page | 6 http://news. Students may not drop off or pick up assignments for other students. *In an effort to allow students the flexibility they need to co-ordinate assignments for this class with their other course work. Hard copies are not required. All assignments must be presented in hard copy by the student herself/himself. If you choose to take the ‘extension’ I do not need to know the reason why. Instructions for uploading will be provided. if I see you looking at your cell phone I reserve the right to call you out.

“Disguised plagiarism” happens when the original text is “disguised” by changing only a few words. ACADEMIC INTEGRITY MATTERS Plagiarism Plagiarism is an intentional act of academic dishonesty and intellectual theft. but no quotation marks are used to indicate that the words have been borrowed even if a citation of the source has been included. Students who become overwhelmed are more likely to compromise academic honesty. Other examples of academic dishonesty include handing-in substantially the same material for two different classes without permission. no paper will be accepted and the student will receive a mark of “zero” for that assignment. Please visit the following: http://www. As always.ca/~vpdean/academic_integrity. for which an immediate 50% penalty will be levied.html http://www. The acknowledgment must include quotation marks around the material used. Rather. plagiarism is a serious academic offence. the accommodation policy on “serious and unforeseeable” circumstances. ask) 2) To be certain about why it cheats both yourself and those around you who have not employed dishonest methods 3) To engage in effective time-management from the beginning of term. even if a citation is included.utsc. And a finding of guilt can be met with grave and long-lasting consequences. “Flagrant plagiarism” occurs when complete portions of one or more written texts are copied. I am required to report all instances wherein I suspect plagiarism.utsc. Turnitin . come and see me right away. After 24 hours.ca/~vpdean/student_faq.utoronto.utoronto. If you are feeling confused about class material. The texts and materials (including web-based materials) borrowed from others must be acknowledged. and a notation giving specific source information.html The best ways to avoid plagiarism are: 1) To be certain about what it is (if you don't know. or aiding other students to engage in academic dishonesty by doing portions of their work for them. do not wait until a week before an assignment is due.Page | 7 have only 24 hours to submit an assignment. Whether flagrant or disguised. applies.

com reference database. 24th – Introduction to the Charter Required Reading:  MacIvor Text.Page | 8 The following statement is required by U of T policy for all courses choosing to utilize turnitin: “Normally. and explanation of assignments Week 2 Sept. 241-260). where they will be used solely for the purpose of detecting plagiarism.com service are described on the Turnitin. Russell.ca/eng/const/page-1.justice. Chap. In doing so. orientation to method and purpose. 109-138) and (pp. 17th – Federalism and Judicial Power  Will be conducting in-class vote to allocate marks (see p.ca/studenthome/id/33810 Week 1 Sept. students will be required to submit their course essays to Turnitin. students will allow their essays to be included as source documents in the Turnitin. The terms that apply to the University's use of the Turnitin.utoronto. Week 4 Sept.com web site”. Class Schedule and Required Readings https://cr. Constitutional Law (pps.com for a review of textual similarity and detection of possible plagiarism.gc. 1951. 3— above) Required Reading:  *Monahan and Shaw. 2  *Peter H. Ch.library.html Week 3 Sept. "The Patriation and Quebec Veto References: The Supreme Court . 1 Oxford: Oxford University Press.  *The Constitution Act. 10th – Constitutionalism and Judicial Review Required Readings:  *KC Wheare. 1867. Modern Constitutions. found here: http://lawslois. 3rd – Overview of the course: introductions. 2011.

FALL READING WEEK Week 8 Oct. [1986] 1 S.html#h-38 Week 5 Oct.pdf  McIvor Text.C." found here: http://pi.yorku. v.php/sclr/article/viewFile/34629/31489 (Can you tell me what’s amusing about what is written on p.pps.ca/eng/const/page-15. 29th – Judicial Review: Dialogue. ..justice.. 103 (paragraphs 61-82 only).Page | 9  Wrestles with the Political Part of the Constitution. the Legislative and the Executive Required Readings:  Chapter 6 -. 22nd In-Class Test Today!! Week 9 Oct. Oakes. 1st – Application of the Charter Required Readings:  *McKinney v.org/en/ca/scc/doc/1990/1990canlii60/1990canlii60.The Judicial. 261-276). 17-20).com/scc-csc/scc-csc/en/item/117/index.ca/ojs/index. University of Guelph [1990] (“The Application of the Charter” p.  Chapter 7 -.do  MacIvor Text. https://www.pps.canlii. 8 – Three Branches Walk into a Bar. 163-178. Monologue or the Chattering Classes? Required Readings:  R. Chap. Week 7 Oct.R. Chap. 14 – p. 130-162.lexum.gc. 1 (p. 15th NO CLASSES HELD. 1982 found here: http://laws-lois.library. Case Brief Exercise due Today In Class!! Week 6 Oct. Found here : http://scc-csc. 339-343. 71?)  *Constitution Act.

Found here: http://scc-csc. Toronto: Canada Law Book.lexum. “Muddying the Waters.com/scc-csc/scc-csc/en/item/2161/index. 551. Argumentative Essay is due today – please upload to turnitin by 11 AM deadline . 2012.P a g e | 10 Week 10 Nov. 2004 SCC 47 (paragraphs 39-56 only).10 -. 12th – The Charter in-depth (Expression and Association) Required Reading:  MacIvor Text. Week 13 Nov.231-250 Outline with Annotated Bibliography for feedback is due today in class! Week 12 Nov. 224-231  *Syndicat Northcrest v. 10 – p. 5th – The Charter in-depth (Religion/Conscience) Required Readings:  MacIvor Text.do Critical Review is due today – please upload to turnitin by 11 AM deadline Week 11 Nov. Ryder Gilliland. 267-289  *Richard Wolson and Evan Roitenberg.” The Charter at Thirty ed. Amselem. Chap. 12 – p.R. Chap. Chap. (pp. Chap. 19th – Legal Rights Required Readings:  MacIvor text. [2004] 2 S. 26th – Equality Clause  Required Readings: MacIvor Text. 13.C.pps. 245-263).