Course Descriptions
LAWS 2015 Planning Law
CREDIT HOURS: 3
The course introduces students to the planning process through study of the legal tools used to regulate the use of land. While the legal aspects of the planning process will dominate, students will also be expected to appreciate the perspective which planners bring to the subject. The course is usually composed of both law and planning students.There is consideration of the basic legal regime governing planning (including private law remedies, constitutional law and the role of the federal government, official plans, zoning by-laws, non-conforming uses, development permits and judicial review of planning decisions). Administrative law is a desirable but not necessary pre-requisite or co-requisite.
NOTES: Assessment Method: Class participation, tests, and a written paper. This course does not fulfil the major paper requirement.
LAWS 2018 Youth and the Law
CREDIT HOURS: 3
Youth and the Law 3-credit seminar, major paper course.
Youth and the Law will focus on youth criminal justice and the Youth Criminal Justice Act. The course aims to provide students with an understanding of both the governing philosophy of the Youth Criminal Justice Act and its unique statutory framework. There will also be an emphasis on ethical and practical considerations in dealing with young persons as clients and witnesses. The course will be taught by a Crown attorney with Nova Scotia’s Public Prosecution Services and a defence lawyer with Legal Aid who both practice in the area of youth criminal justice. Students can expect to gain an in-depth understanding of the Youth Criminal Justice Act. Arrest, pre-trial detention, evidentiary rules, privacy rights, records retention, accountability, extra-judicial measures, and sentencing principles will all be discussed. Students can expect to attend court to see youth proceedings and guest appearances from professionals working in the youth criminal justice system.
NOTES: Assessment Method: Major paper, supplemented by other assignments and class participation
FORMAT COMMENTS: 2 hours per week, 3 credit
LAWS 2019 Law and Technology
CREDIT HOURS: 3
This is a seminar in which students are required to discuss, conduct research, generally explore and write papers on issues relating to law and technology. The course focuses on a range of topics drawn from the intersections of law and technology, including but not limited to regulating the internet, intellectual property rights in relation to the internet, developments in telecommunications and the law, privacy and access to information, ethics and technology. Students are encouraged and shepherded to generate and explore researchable issues in their areas of interest in order to meet their individual and/or collective expectations for the seminar. There is no technical background or expertise required for enrollment in the seminar. Students are, however, expected to make use of the Internet and other research tools to access seminar-related materials and conduct research on a final paper.
NOTES: Assessment Method: Major paper, presentations and class attendance/participation.
LAWS 2020 Fisheries Law
CREDIT HOURS: 2
This seminar is designed to acquaint students with the public and private law aspects of fishing and fishery management in Canada. While the central focus is on law and the regulatory framework, questions of policy frequently arise for discussion. The course is taught by a combination of questioning, lectures and guest speakers. Problems unique to fisheries regulation and methods of fishery management will be discussed to set the context in which the law operates. International considerations, constitutional problems, fisheries legislation, aboriginal rights, the interplay between private rights and public rights, and problems of enforcement and environmental protection are central topics.
NOTES: Assessment Method: Two written assignments, a presentation and class participation.
LAWS 2022 Law of the Sea
CREDIT HOURS: 3
The adoption of the United Nations Law of the Sea Convention, 1982 was the result of the world's most ambitious law reform movements. The Convention is a comprehensive instrument functioning as a "Constitution of the Oceans." This course will undertake detailed analysis of the law of the sea by examining the Convention, related instruments and materials concerning its interpretation and enforcement, and recent initiatives to further develop the law of the sea. Particular attention will be given to navigational issues (territorial sea, international straits, archipelagoes), resource issues (exclusive economic zone, fisheries, non-living resources); maritime boundary delimitation; protection of the marine environment; marine scientific research; dispute settlement; and the role of international institutions in ocean governance. The course will be conducted in seminar format and will include in-class small group work. Students are expected to contribute to class discussions and will have an opportunity to present their research papers in class.
NOTES: Assessment Method: Combination of research proposal, major paper, presentation, and class discussions.
LAWS 2028 Copyright Law
CREDIT HOURS: 3
This course focuses on advanced issues in copyright law. It will explore a range of topics in copyright law, such as the history of copyright, philosophical justifications for copyright, feminism and copyright, and copyright and human rights. Emphasis will be placed on the multi-media environment for the creation, distribution, transmission, manipulation, marketing, and licensing of copyright-protected works. Other issues whichmay be explored include the contours of authorship, originality and creativity. As well, the course may explore the expansion of the copyright domain in the context of legal and policy debates and the impact of new technologies as well as technology-driven regulatory and access devices on copyright jurisprudence. In appropriate instances, comparative perspectives on copyright in other jurisdictions such as the United States and the European Union could be examined.
NOTES: Assessment Method: Major paper, assignments and class participation
FORMAT COMMENTS: 3 credits
PREREQUISITES: LAWS 2178, Intellectual Property Law.
LAWS 2029 Taxation I
CREDIT HOURS: 4
This course is an introduction to the law of income taxation in Canada. It is intended to make students aware of the prevalence of taxation issues in ordinary life and in simple commercial transactions. It is also, for those who so choose, the prerequisite for more advanced courses in tax law. The course explores the principles of income taxation and the different tax options available to legislators who design income tax law. Concerns about equity, efficiency, and simplicity in tax design are major themes. Upon completion of the course, students should be able to distinguish between income from employment, business, and capital gains and have a sense of the computational and timing issues related to each of those sources. The basis for discussion is decided cases, commentary from the text, and the applicable rules in the Income Tax Act. The acquisition of the ability to read complex legislation will be emphasized.
ASSESSMENT METHOD: Depending on the instructor: problem-oriented written examination, with the possibility of optional in-term written work counting for a certain percentage of the work; OR problem-oriented in-term assignments.
NOTES: Assessment Method: Depending on the instructor: problem-oriented written examination, with the possibility of optional in-term written work counting for a certain percentage of the work; OR problem-oriented in-term assignments.
LAWS 2031 Torts II
CREDIT HOURS: 2
The course will study how courts decide tort cases in order to give students a realistic understanding of the judicial decision making process. Developing areas of tort law, particularly in relation to product liability, will be explored in detail to identify the legal rationale, concepts and factors that determine whether tort liability will attach to the fact situation. Each student will be assigned a real fact situation for presentation in class. The course will also be assigned a fact situation which will have to be decided by a written decision by each student due at the end of term. The teaching method relies on course discussion and participation.
NOTES: Assessment Method: Class participation and presentation 45%, and a written paper 55%. The written paper will be a written decision dealing with a factual problem which will be assigned at the beginning of term. This course does not fulfil the major paper requirement.
LAWS 2032 Written Advocacy
CREDIT HOURS: 3
Written submissions are the largest part of a lawyer’s advocacy to a court or tribunal. This assignment-based class seeks to make students more persuasive legal writers. The course will teach the formal requirements for written advocacy, but the focus will be on improving the effectiveness of legal writing. An understanding of the relevant legislation and controlling case law is of little value if the lawyer is unable to persuade the court how it applies and what result should follow on the facts.
LAWS 2033 Equity and Trusts
CREDIT HOURS: 3
This course deals with both the law of trusts and the law of fiduciary relationships. After a brief historical survey of the development of the law of equity, the rules regarding the creation, interpretation and termination of express trusts are examined and, in particular, trusts drafted in wills. The course also considers purpose trusts, especially charitable trusts. The law governing trustees and their duties and powers is explored. The later part of the course deals with trusts arising through operation of law, i.e. resulting and constructive trusts. Finally trust remedies are reviewed and the special rules of tracing property are discussed.
In addition and throughout the Equity and Trusts course there are important segments that deal directly with the legal concepts relevant to commercial activities. Also, a conceptual overview of doctrines relevant to business organizations is provided. In particular, fiduciary duties that may arise in the course of commercial activities are studied in the cases and discussed in class. The instruction emphasizes the importance of identifying such relationships in generally arm’s length transactions, and examines the duties that devolve upon the ad hoc fiduciary. The role of the constructive trust and its relevance to insolvency and bankruptcy is addressed. In addition the theoretically complicated concepts of “knowing assistance” and “knowing receipt,” significant for commercial agents, are canvassed.
NOTES: Assessment Method: May be by 100% final examination or by in class tests, assignments, take home exam and final exam, depending on the instructor.
LAWS 2039 Laskin Moot
CREDIT HOURS: 3
The Laskin is Canada's national bilingual constitutional andadministrative law moot court competition. It takes place in late February or early March each year at a different host faculty in Canada. Preparation of a factum is required in advance of the moot. One team member must be capable of mooting in French but other team members need not be bilingual. The course is open to third year students, and participants are generally selected either following a 'moot-off' competition conducted by the Moot Court Committee or by the faculty member coaching the moot. Please note students may take only one competitive moot during their degree.
NOTES: Assessment Method: Research and factum, as well as oral advocacy. Participation in the class satisfies the major paper writing requirement, if the student wishes to count the moot as a major paper.
COREQUISITES: Constitutional Law
PREREQUISITES: Administrative Law
LAWS 2040 Civil Trial Practice
CREDIT HOURS: 3
This seminar provides an intensive introduction to civil litigation. It requires students to have knowledge and understanding of substantive law in basic common law fields, e.g., Torts, Contracts, and Remedies, and of procedural law from Civil Procedure and Evidence. The course is designed to develop the students' awareness of the procedures required to prepare and conduct the trial of a civil action by developing their skills in interviewing parties and witnesses, conducting discovery examinations, conducting direct and cross-examination at trial and preparing and assessing expert evidence. The course is conducted on a seminar method involving in-class participation by the students in the various aspects covered in the course while at the same time developing the model case for trial. Out-of-class work consists of readings which are provided, preparations for weekly class demonstrations and preparation of various aspects of the model case. The seminar is conducted one night per week, the model trial being held on a Saturday. Attendance at all classes is essential.
NOTES: Assessment Method: In-class participation and participation at the model trial. Some portion of the final mark will be based on a written component. Evaluation will be clearly explained at the first class
PREREQUISITES: Evidence and Civil Procedure
RESTRICTIONS: Open to third-year students only
LAWS 2041 Coastal Zone Management
CREDIT HOURS: 3
This course is designed to introduce students to the concepts, principles, approaches, and issues associated with integrated management of coastal zones worldwide. This course uses a systems approach to understanding the global context of coastal zone management. Case studies and examples from developed and developing countries are used to present practical approaches to the management of multiple uses in the coastal zone, including community-based management models.
NOTES: Assessment Method: Major paper (80%) and class participation (20%)
EXCLUSIONS: Envi 5204.03,Mara 5009.03
LAWS 2045 Criminal Law Problems
CREDIT HOURS: 3
This course will focus on recent developments in criminal procedure, substantive criminal law, evidence and/or sentencing. It will pursue the extent to which we have departed from traditional and orthodox views about the way in which the system is supposed to work, and whether those departures are improvements or not. There will be a number of proposed topics for discussion, but the exact content of the course will largely depend upon the choices made by students registered in it. Evaluation will be primarily by way of major paper, but 40% of the marks will be allocated to a class presentation and to participation in presentations by others.
LAWS 2046 Criminal Trial Practice
CREDIT HOURS: 3
This course uses lectures and simulated court proceedings, including bail hearings, direct and cross-examinations, and trials, to develop skills of advocacy and trial preparation. Early trials are heard before Judges of the Provincial Court, and the final case is heard by a Justice of the Supreme Court. Each student assumes the role of prosecutor, defence counsel and witness on different occasions. Preparation for courses involves some research in matters of evidence and criminal procedure. Presentations are discussed at the conclusion of each proceeding for the purpose of providing constructive feedback. Clases are held one night per week during the fall term.
NOTES: Assessment Method: Class participation 75%, written examination 25%
PREREQUISITES: Evidence
LAWS 2048 Employment Law
CREDIT HOURS: 3
This course will review Canadian employment law. Areas to be covered may include: constitutional jurisdiction, the primary components of the employment relationship, employment contracts, implied rights and obligations in the employment relationship, the right to terminate the employment relationship, reasonable notice of dismissal, constructive dismissal, cause for summary dismissal, fiduciary obligations, and employee obligations express and implied. Additional topics may include current employment law problems, Occupational Health & Safety legislation, Human Rights legislation and Workers Compensation legislation.
NOTES: Assessment Method: This is a seminar class evaluated primarily by major paper.
LAWS 2050 Estate Planning
CREDIT HOURS: 2
This course deals with the financial aspects of the aging of the "Baby-boomers". It will be primarily concerned with consideration of the tax consequences of death and of efforts to reduce taxes before death. The tax position of the taxpayer in the year of death and the tax position of the estate will be examined. Some time will be given to simple estate planning techniques such as spouse rollovers, and inter-generational transfers. The tax implications of holding RRSPs and pension before and after death will be examined. Some attention will be paid to health care and mental capacity issues. The course will also discuss particular problems including those arising from the handicapped child, spendthrift heir, and the reblended family. Those who have taken an advanced tax course (or have the equivalent) may, if they elect, be separately examined on more complex taxation issues including estate freezes and the sale of a business.
NOTES: Assessment Method: 35% mid-term; 30% project or paper; 35% final test
FORMAT COMMENTS: 2 credit hours
PREREQUISITES: Taxation I. RECOMMENDED but not required, Law of Succession, Equity & Trusts.
LAWS 2051 International Environmental Law
CREDIT HOURS: 3
The progression of international environmental law from “customary” co-existence to “conventional” cooperation is explored through nine topics: (1) State Responsibility and Liability for Transboundary Pollution; (2) “Soft Law” and Sustainable Development Principles: From Stockholm to Rio and Beyond; (3) The Legal Waterfront of Marine Environmental Protection; (4) The International Law of the Atmosphere: Climate Change;(5) The Conservation of Biodiversity; (6) The International Framework for Controlling Transboundary Movements of Hazardous Wastes and Toxic Chemicals; (7) The Protection and Management of International Watercourses; (8) Polar Regions and International Environmental Law; and (9) Free Trade and the Environment.
NOTES: Assessment Method: Major Research Paper: 85%, class presentation 15%
FORMAT: Seminar
LAWS 2052 Labour Law - Administration of the Collective Agreement
CREDIT HOURS: 2
This course will appeal to students who have a serious interest in future practice as a labour lawyer. The objectives are: (1) understanding labour jurisprudence; and (2) advocacy skills in arbitration. Students study cases and participate in mock arbitrations as counsel (including witness examination, cross examination and argument) and as arbitrator (writing an award).
NOTES: Assessment Method: As counsel 35%: brief of law 25%, award 30%, attendance and participation 10%
PREREQUISITES: Labour Law I
LAWS 2056 International Trade Law
CREDIT HOURS: 3
This course examines the World Trade Organization (WTO) and the North American Free Trade Agreement (NAFTA), and prepares the student to understand generally the role of international and domestic law in modern trading relations. Emphasis is placed on the issues raised by recent trade agreements, such as non-discrimination (e.g. MFN and national treatment), trade rules and unfair trade remedies, services and intellectual property, trade and environmentalism and so forth. Special attention is given to the dispute settlement mechanism, which emphasizes a legal approach to trade relations. The course will be conducted as a seminar, based on regularly scheduled readings.
NOTES: Assessment Method: Major paper, as well as class participation and minor assignments.
This course may be counted towards a Certificate in Marine or Environmental Law.