Course Descriptions
LAWS 2059 Taxation III
CREDIT HOURS: 2
Many tax law courses focus on the fascinating issues of the definition of the base for tax purposes. This seminar shifts gears and centres on the administrative rules required for the effective functioning of an income tax system and on matters of dispute resolution. The course may include discussions of the role of the Department of Finance, administration of the Income Tax Act by the Canada Revenue Agency (including document retention requirements, information disclosure, and access and privilege issues), civil and criminal sanctions, investigative techniques, and tax court practice. Students may have the opportunity to develop legislative drafting, factum drafting, and oral argument skills as part of the seminar.
NOTES: Assessment Method: Short assessments and major assignment; 2 credit hours
PREREQUISITES: Taxation I
LAWS 2062 Constitutional Law
CREDIT HOURS: 5
This required 2nd year course concerns itself with three main themes; the distribution of powers under the Constitution Act 1867, the Canadian Charter of Rights and Freedoms, and Aboriginal rights. This will follow from the basic introduction to and foundation for the course laid during first year by the course in Public Law. The course makes an effort to integrate division of powers, Charter and Aboriginal rights discussion to highlight both points of overlap and points of departure. Throughout, the course emphasis will be placed on the roles of the constitution in our governmental structure and of the courts as its elaborator and guardian, and on constitutional litigation as a problem-solving process through which fundamental values are examined.
NOTES: Assessment Method: Written final exam with an opportunity for students to earn partial marks through other components during the term
LAWS 2066 Labour Law Problems
CREDIT HOURS: 3
This course offers students an opportunity to deepen their understanding of the legal regimes bearing on the regulation of work and working relationships in Canada, contemporary challenges to the effectiveness of those regimes, and potential avenues for reform. In addition to statutory and judge-made law, the course will consider the relevance of both supra-national norms, including International Labour Organization standards, and private norms (“soft law,” “codes of conduct” etc.). Possible themes may include: what impact does labour market regulation have on income distributions, and what are its potentials and limits to redress inequality on gender, racial and other grounds? How do labour norms address the unique challenges of public sector workplaces? How can labour and employment laws be reformed to protect vulnerable workers in non-standard employment contexts (part-time employment, home employment, dependent self-employment, frequent career changes, agency employment, etc.)? How have firms and workplaces been transformed by the globalization of production, and how can labour market norms respond to advance social justice without undermining competitivity? How can law protect or support worker voice given the decreasing prevalence of collective bargaining in private sector workplaces? The teaching method will involve presentation of key sessions by the instructor (and possibly invited experts) in the first part of the course, and a seminar session led by each students on their chosen research topic, developed in consultation with the professor.
NOTES: Assessment Method: By Major Paper (60%) plus the class presentation and general class participation
FORMAT: Seminar
FORMAT COMMENTS: One two-hour seminar per week for one term
COREQUISITES: Labour Law I (
LAWS 2014) or Employment Law (
LAWS 2048)
LAWS 2068 Ocean Law and Policy
CREDIT HOURS: 3
This seminar examines current issues in Ocean Law & Policy. The specific focus will vary each year depending on the instructor. Although not necessary, it is recommended that students have a background in international law, law of the sea, or international environmental law.
NOTES: Assessment Method: Major paper and class participation
LAWS 2069 Directed Research Paper
CREDIT HOURS: 3
A third year student may undertake an original research project for credit under the direction of a faculty member. The topic must be one that falls outside the parameters of seminar coursees offered in the year, and there must be a faculty member willing to supervise the paper. Students should consult faculty web profiles to ascertain faculty research interests. A student who is interested in doing a DRP should have demonstrated, in written assignments already completed in the law school, ability for independent research and writing. Third year students may undertake a Directed Research Paper (DRP) of 3, 4, 5, or 6 credit hours, under the supervision of a faculty member. For third year students a proposal for a 3 credit hour DRP must be approved by the Associate Dean (Academic), while a proposal of 4, 5, or 6 credit hours must be approved by the Studies Committee. DRPs are intended for third year students, where approved. Second year students are granted permission to do a DRP only in exceptional circumstances and must obtain permission from the Studies Committee. The Committee will consider the proposal and the prior performance of the student in Law School, plus any other relevant factors, in making its decision. A DRP for 3 credit hours would be of greater scope and depth than a paper submitted for a regular course, and the student's research and writing would be expected to be of very high quality. A student, with the consent of the faculty member concerned, may apply to the Studies Committee for permission to undertake a DRP for 4-6 credit hours, depending on the quality and extent of the work to be done. Four or five credit hours would be given for projects requiring research in greater depth than is required for a 3 credit hour DRP. Six credit hours may only be given for work of highest quality, of some originality, and prepared for presentation to faculty and students in seminars or workshops to be arranged. It is likely that 6 credit hours would be given only for projects extending over both terms. The number of credit hours and the term or terms in which the DRP is completed will be determined by the Studies Committee, in consultation with the faculty member and the student, when the DRP is for more than 3 credit hours.
LAWS 2070 Directed Research Paper
CREDIT HOURS: 4
A third year student may undertake an original research project for credit under the direction of a faculty member. The topic must be one that falls outside the parameters of seminar coursees offered in the year, and there must be a faculty member willing to supervise the paper. Students should consult faculty web profiles to ascertain faculty research interests. A student who is interested in doing a DRP should have demonstrated, in written assignments already completed in the law school, ability for independent research and writing. Third year students may undertake a Directed Research Paper (DRP) of 3, 4, 5, or 6 credit hours, under the supervision of a faculty member. For third year students a proposal for a 3 credit hour DRP must be approved by the Associate Dean (Academic), while a proposal of 4, 5, or 6 credit hours must be approved by the Studies Committee. DRPs are intended for third year students, where approved. Second year students are granted permission to do a DRP only in exceptional circumstances and must obtain permission from the Studies Committee. The Committee will consider the proposal and the prior performance of the student in Law School, plus any other relevant factors, in making its decision. A DRP for 3 credit hours would be of greater scope and depth than a paper submitted for a regular course, and the student's research and writing would be expected to be of very high quality. A student, with the consent of the faculty member concerned, may apply to the Studies Committee for permission to undertake a DRP for 4-6 credit hours, depending on the quality and extent of the work to be done. Four or five credit hours would be given for projects requiring research in greater depth than is required for a 3 credit hour DRP. Six credit hours may only be given for work of highest quality, of some originality, and prepared for presentation to faculty and students in seminars or workshops to be arranged. It is likely that 6 credit hours would be given only for projects extending over both terms. The number of credit hours and the term or terms in which the DRP is completed will be determined by the Studies Committee, in consultation with the faculty member and the student, when the DRP is for more than 3 credit hours.
LAWS 2071 Directed Research Paper
CREDIT HOURS: 5
A third year student may undertake an original research project for credit under the direction of a faculty member. The topic must be one that falls outside the parameters of seminar coursees offered in the year, and there must be a faculty member willing to supervise the paper. Students should consult faculty web profiles to ascertain faculty research interests. A student who is interested in doing a DRP should have demonstrated, in written assignments already completed in the law school, ability for independent research and writing. Third year students may undertake a Directed Research Paper (DRP) of 3, 4, 5, or 6 credit hours, under the supervision of a faculty member. For third year students a proposal for a 3 credit hour DRP must be approved by the Associate Dean (Academic), while a proposal of 4, 5, or 6 credit hours must be approved by the Studies Committee. DRPs are intended for third year students, where approved. Second year students are granted permission to do a DRP only in exceptional circumstances and must obtain permission from the Studies Committee. The Committee will consider the proposal and the prior performance of the student in Law School, plus any other relevant factors, in making its decision. A DRP for 3 credit hours would be of greater scope and depth than a paper submitted for a regular course, and the student's research and writing would be expected to be of very high quality. A student, with the consent of the faculty member concerned, may apply to the Studies Committee for permission to undertake a DRP for 4-6 credit hours, depending on the quality and extent of the work to be done. Four or five credit hours would be given for projects requiring research in greater depth than is required for a 3 credit hour DRP. Six credit hours may only be given for work of highest quality, of some originality, and prepared for presentation to faculty and students in seminars or workshops to be arranged. It is likely that 6 credit hours would be given only for projects extending over both terms. The number of credit hours and the term or terms in which the DRP is completed will be determined by the Studies Committee, in consultation with the faculty member and the student, when the DRP is for more than 3 credit hours.
LAWS 2072 Directed Research Paper
CREDIT HOURS: 6
A third year student may undertake an original research project for credit under the direction of a faculty member. The topic must be one that falls outside the parameters of seminar coursees offered in the year, and there must be a faculty member willing to supervise the paper. Students should consult faculty web profiles to ascertain faculty research interests. A student who is interested in doing a DRP should have demonstrated, in written assignments already completed in the law school, ability for independent research and writing. Third year students may undertake a Directed Research Paper (DRP) of 3, 4, 5, or 6 credit hours, under the supervision of a faculty member. For third year students a proposal for a 3 credit hour DRP must be approved by the Associate Dean Academic, while a proposal of 4, 5, or 6 credit hours must be approved by the Studies Committee. DRPs are intended for third year students, where approved. Second year students are granted permission to do a DRP only in exceptional circumstances and must obtain permission from the Studies Committee. The Committee will consider the proposal and the prior performance of the student in Law School, plus any other relevant factors, in making its decision. A DRP for 3 credit hours would be of greater scope and depth than a paper submitted for a regular course, and the student's research and writing would be expected to be of very high quality. A student, with the consent of the faculty member concerned, may apply to the Studies Committee for permission to undertake a DRP for 4-6 credit hours, depending on the quality and extent of the work to be done. Four or five credit hours would be given for projects requiring research in greater depth than is required for a 3 credit hour DRP. Six credit hours may only be given for work of highest quality, of some originality, and prepared for presentation to faculty and students in seminars or workshops to be arranged. It is likely that 6 credit hours would be given only for projects extending over both terms. The number of credit hours and the term or terms in which the DRP is completed will be determined by the Studies Committee, in consultation with the faculty member and the student, when the DRP is for more than 3 credit hours.
LAWS 2074 International Human Rights Law
CREDIT HOURS: 3
This course offers an introduction to the theory and practice of human rights. Drawing on critical discourses, we will examine the international and domestic laws, actors, and institutions that play a role in the protection of human rights. We will focus on the major sources of international human rights law--including treaties, customary international law, international soft law, and domestic law. Key mechanisms of human rights protection also will be discussed including, multilateral organizations (e.g. the United Nations Security Council and Human Rights Council); international, regional, and national courts and tribunals; and quasi-judicial treaty bodies (e.g. the U.N. Committee Against Torture) We will also examine the role of a range of non-State actors. For example, international non-governmental organizations like Amnesty International, Red-Cross, and Human Rights Watch; and multi-national corporations. Our in-class discussions will consider critical perspectives on the human rights regime from feminists, Third World Approaches to International Law (TWAIL) scholars, and connections between business and human rights.
ENROLLMENT: Limited to 16
NOTES: Assessment Method: Seminar Present: 20%; Major Research Paper: 80% (in English or French);
This course may be counted towards a Certificate in Marine or Environmental Law.
FORMAT COMMENTS: Once a week
LAWS 2075 Legislation
CREDIT HOURS: 3
As one of the primary sources of law, legislation is one of the basic working tools of the lawyer. Building on the First-Year Public Law course, the Legislation course attempts to give the student a more detailed view of the role of legislation in the legal process. The course has two major focal points. One is directed towards giving the student a better appreciation of how a statute is created, including the basic underlying policy decisions upon which it is based, the statutory scheme developed to carry out the legislative process, and the problems faced by the drafters in translating general ideas into specific unambiguous language. The second major emphasis is directed towards giving the student an appreciation of the court techniques involved in judicial interpretation of statutes. The rules of interpretation can be stated very easily. To appreciate how they are used by the courts is much more difficult. Understanding gained in this course should be related to other coursees and areas of the law where legislation plays an important role, e.g., Constitutional, Administrative, Taxation Law. The course may help to increase appreciation for appropriate use of language in legal work of all types. The course is conducted by discussion of assigned readings and the presentation and discussion of proposed legislation drafted by the students. Each student will prepare a major paper consisting of a draft of proposed legislation and an explanation of the draft, including such matters as the need for the legislation, the problem(s) to which it is addressed, its constitutionality, the underlying policy supporting the legislative choices and the relation of the proposed draft to the legal context (i.e., the common law and other statutes).
NOTES: Assessment Method: Major research paper
LAWS 2076 Poverty Law and Human Rights
CREDIT HOURS: 3
This course entails an in-depth analysis of poverty and the social welfare system in Canada, with particular emphasis on specific federal and provincial (primarily Nova Scotia) legislation. The constitutional implications of certain legislative provisions will be examined vis-a-vis the Charter, in particular ss. 7 and 15 and s. 36 of the
Constitutional Act, 1982. Discussion will also be had of Canada’s international obligations to alleviate poverty and how these commitments are used by poverty lawyers. Participants will discuss how to interpret poverty legislation. Issues such as the right to welfare and/or an adequate annual income will be debated. We will look critically at the lawyer’s role in pursuing remedies to the problems of people of low income.ENROLMENT: 16 students
NOTES: Assessment Method: Depending on the instructor: a written examination, with the possibility of in-term assignments counting for a certain percentage of the work; OR in-term assignments.
LAWS 2079 Oil and Gas Law
CREDIT HOURS: 2
This course deals with the legal characterization of oil and gas, onshore and offshore, applicable constitutional and international law principles, basic rights transfer agreements, regulation, operator responsibilities, aboriginal rights, environmental law, the Offshore Accords and their implementation and current regulatory issues.
NOTES: Assessment Method: Written examination
LAWS 2081 Bankruptcy and Insolvency
CREDIT HOURS: 2
The course consists of an initial overview of the insolvency regime in Canada, including a review of the purposes and practical operation of the Bankruptcy and Insolvency Act ("BIA") and the Companies Creditors's Agreement Act ("CCAA"). The role of insolvency professionals as trustees, receivers and monitors is discussed. The course looks at the various types of creditors involved in the insolvency process, and reviews secured interests, both before and after bankruptcy. Deemed trust claims are discussed, as are priority claims for employees and pensions under the BIA, the rights of unpaid suppliers, Crown secured claims, and provisions of the Wage Earner Protection Program Act. The course considers what "property" is and how it is dealt with in the BIA and what property does and does not vest in trustee in bankruptcy and how it is administered. Entry into bankruptcy and the consequences and reviewed, as are the obligations of the bankrupt during bankruptcy and discharge process. Impeachable transactions, including transfers for undervalue and fraudulent conveyances and preferences are reviewed. A class deals with receivers, their appointment and their duties and obligations.
Reorganization under both the BIA and CCAA is discussed, including initiation, stays of proceedings, applications for extensions, applications for early termination, the classification of creditors, the creditor approval process, and the court approval process.
NOTES: Assessment Method: Closed book written examination
LAWS 2087 Jurisprudence: Legal Theory in Social Context
CREDIT HOURS: 3
The Jurisprudence seminar is designed to promote reflection on the nature, purposes, and functions of law. Questions explored include: "What is the relationship between law, morality and politics?", "What is the relationship between law and social change?", "Should we obey the law?", and "Whom does law serve?" We pursue these and other questions, in a way that is informed by students’ interests and experiences and by attention to contemporary legal, social and political dilemmas. Students are exposed to an array of approaches to legal theory in social context, from legal positivism, natural law, and the American Legal Realists to some or all of: law and economics, critical legal studies, feminist legal theory, queer theory, critical race theory, critical Indigenous theory, critical race feminism, critical disability theory, and various combinations of the foregoing. Each view of the law will be analyzed carefully and students will be expected to contribute their own critical insights. A high level of participation is therefore essential. In addition to regular contributions to discussions, students will be required to make presentations.
NOTES: Assessment Method: Combination of major paper and class participation
FORMAT COMMENTS: 2 hours per week
LAWS 2091 Criminal Procedure
CREDIT HOURS: 4
Criminal Procedure concerns the provision and regulation of methods for dealing with those who are alleged to have violated the criminal law. The course provides an overview, as well as more intensive exposure to some technical areas. Topics are presented against a background of general principles, while trying to confront difficult policy questions inherent in ensuring procedural justice in a democratic society. Subjects include jurisdiction (e.g.. Time and territorial limits), pre-trial procedure and practice including (search and seizure, wiretapping and bail), the trial process (e.g. the preliminary inquiry and plea bargaining) and post-trial remedies (appeals and extraordinary remedies). Consideration will be given to the impact of the Charter of Rights and Freedoms and to proposals for law reform.
NOTES: Assessment Method: Final Examination, with the opportunity of submitting a short, optional paper for partial credit.
LAWS 2092 Criminal Clinic
CREDIT HOURS: 9
The clinical course in criminal law offers an opportunity to enhance advocacy skills, get out of the classroom and experience the reality of criminal trial practice. This course has both a clinical and an academic component. Each student is assigned to a crown counsel, defence lawyer or possibly a judge, and observes and participates as far as possible in the criminal law work of that person. For this period each student must spend a minimum of 16-20 hours a week with the principal. The academic component is dealt with in two weekly seminars, each of two hours, which run throughout the term. The seminars focus upon lawyering skills including interviewing, trial preparation and advocacy skills using simulation exercises as the vehicle for learning. The seminars also focus upon matters relating to criminal law, criminal procedure, evidence, criminology and legal ethics. All-day tours of facilities such as penitentiaries and crime labs may also be arranged. Written memoranda are required and students will choose from a vast array of criminal law topics arising out of the many actual criminal court trials and cases students will be involved in. This is a 9-credit clinical course and class attendance is mandatory. Non-attendance without prior written permission of the Studies Committee will result in a failure.
NOTES: Assessment Method: Honours/Pass/Fail. Individual feedback is given to students throughout the class. An evaluation of each student's performance in each aspect of the class is provided at the end. A student's grade is not counted in determining his/her weighted average. However, in the event of failure because of a weighted average below 55, or as with the Legal Aid Clinic, where the student is otherwise no longer academically entitled to complete their JD degree, a numerical grade will be assigned for inclusion in the weighted average.
RESTRICTIONS: Students who have completed or wish to complete
LAWS 2003 Clinical Law or
LAWS 2046 Criminal Trial Practice are not eligible. Open to third year students only.
LAWS 2094 Comparative Constitutional Law
CREDIT HOURS: 3
This course explores constitutional rights law from a variety of jurisdictions, including Canada, the United States, South Africa, Germany, India, the European Court of Human Rights and elsewhere. The focus is primarily on competing theories and methods of constitutional adjudication, and the general problem of reconciling constitutional judicial review with democratic principles. The cases deal with topics such as expression, religious exercise, social and economic rights, reproductive rights, the death penalty and equality.
NOTES: Assessment Method: Major paper, paper presentation, reading package and class participation
PREREQUISITES: Constitutional Law
LAWS 2096 Entertainment Law
CREDIT HOURS: 3
This course provides an overview of key areas which are relevant to entertainment law, including copyright infringement, fair dealing, rights clearance, distribution and licensing, trade-marks in entertainment, talent and guild agreements, publicity rights, defamation, and various entertainment contracts. The course will provide examples from film, television, music, video games and other areas. Some classes may involve guest speakers with expertise in their areas. No particular background is necessary.
NOTES: Assessment Method: Major paper 65%, class participation 20% and paper presentation 15%.
LAWS 2097 Immigration and Refugee Law
CREDIT HOURS: 3
This course will consider law, policy and procedure relating to how Canada approaches migration. It will address both practice issues as well as the social, political and economic context and consequences of migration control. Areas covered may include: the constitutional basis for migration legislation; immigrating to Canada; obtaining protection as a refugee; procedures before immigration and refugee boards; enforcement mechanisms; and refoulment. The course may also cover: the relationship between policy goals and legislation, historic and current practices of inclusion and exclusion; theories of statehood and border-control; security; human trafficking and smuggling; and the application of international human rights instruments.
NOTES: Assessment Method: Written examination(s), or option of written examination and research paper
LAWS 2098 Refugee and Forced Human Migration Law
CREDIT HOURS: 3
This course critically engages with the legal framework involved in forced human migration. The causes for this displacement include fleeing from armed conflict, the effects of climate change, state-sanctioned persecution, conditions of entrenched poverty, and industrial interests such as large-scale mining operations. Students will develop an understanding of how existing international instruments and bodies respond to aspects of forced migration, their legal and practical limitations, and protection gaps, as well as the lawfulness of state strategies to contain or regulate mass flows, including responsibility-sharing agreements, detention centers, off-shore interception, and the thickening of borders. The course will include assessing Canadian practices, and their adherence or variation from emerging international norms and the regimes in other jurisdictions.
RESTRICTIONS: JD and JD Combined Degree