Current Courses

Fall 2021

Winter 2022

Course Offerings

PDF icon Course Offerings List 2021-2022

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Course calendar 2021-2022

Fall 2021 term: return to in-person teaching, students must be in Montreal. For more information consult the McGill Coronavirus website.

Course offerings, exam schedules and course timetables are subject to change, please continue to check the websites during the summer for updates.

The courses below are listed in alphabetical order and are sorted based on program requirements (see our BCL/JD Program Structure and Requirements page):

1L Required Courses
2L Required Courses
Complementary Civil Law Immersion Courses
Complementary Common Law Immersion Courses
Complementary Social Diversity, Human Rights and Indigenous Law Courses
Complementary Principles of [Canadian] Administrative Law Courses
Elective Courses
Law Focus Week Workshops
Graduate Courses
Non-Course course
 

1L Required Courses

Course Title and Number Credits Instructors Term

Constitutional Law/ Droit constitutionnel (PUB2 101D1/D2)

Section 001

Instructor: Professor Vrinda Narain
Language of Instruction: English
Description: This course in Constitutional Law provides an introduction to the basic principles, institutions and legal developments in Constitutional Law. Aspects to be studied include: sources of Canadian constitutional law, federalism, the rule of law, the division of legislative powers, the role of the judiciary in Canadian democracy, Aboriginal peoples and the Constitution and the Charter of Rights and Freedoms. Constitutional law is a vast, complex and constantly evolving area of study making it impossible to cover every topic comprehensively. This course will provide students with the opportunity to examine and discuss the debates that shape constitutional law. The aim is to stimulate students’ interest in the study of the Constitution. At the end of this year-long course, the expectation is that students will have the requisite critical legal thinking skills to identify constitutional issues and to make constitutional law arguments. The objective is to enable students to develop the critical legal skills necessary to examine Canada’s constitutional framework. Given the number of students, a large part of each class will involve an explanation of assigned reading materials by the instructor; however, ample time will be made for discussion and debate involving students and for questions and comments by students. Students are expected to have completed their readings and come to class prepared to discuss these readings.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Fall term: 25% timed Take-Home midterm exam (assist only). Winter term: in-class 15% presentation; 60% timed Take-Home final exam (fixed date).

Section 002

Instructor: Professor Colleen Sheppard
Language of Instruction: English
Description: This course provides an introduction to fundamental principles, institutions and legal developments in Canadian constitutional law. The course explores the rule of law, democracy, judicial independence and federalism. It also examines human rights and freedoms, and constitutional issues affecting Indigenous Peoples and minority linguistic communities. The course is designed to provide students with a framework for understanding constitutional issues through a comparative lens, as well as thinking critically about the historical and social context of Canadian constitutional law.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: First semester take home examination: 30% (assist only); Written assignment: 25%; Fixed date final examination: 45%.

Section 003

Instructor: Professeure Johanne Poirier
Language of Instruction: Français
Description: Un traitement de l’histoire, de la théorie, de la pratique du droit constitutionnel canadien, en partie à la lumière du droit comparé. Examen des sources du droit constitutionnel ; des principes généraux (État de droit, constitutionnalisme, démocratie, etc.); de la séparation des pouvoirs (législatif, exécutif et judiciaire); du fédéralisme; du droit public relatif aux peuples autochtones; et de la protection des droits fondamentaux, y compris des droits linguistiques. Le cours vise à amener les étudiant.e.s à comprendre la logique historique et institutionnelle du droit constitutionnel canadien, à aborder les sources - y compris la jurisprudence - de manière critique, et à mieux décoder l’actualité constitutionnelle. Le cours se veut interactif et repose sur la prémisse que les étudiant.e.s ont fait les lectures obligatoires avant le cours et sont prêt.e.s à en discuter.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: 1) Examen du 1er semestre: 20 % (« assist only, c’est-à-dire que la note ne compte que si elle renforce votre note finale); 2) Résumé d’arrêt (réussite/échec); 3) travail d’équipe (15%); 4) examen final (65%).

6 Narain
Sheppard
Poirier

Full-year

Contractual Obligations/Obligations contractuelles (LAWG 100D1/D2 )

Section 001

Instructor: Professor Helge Dedek
Language of Instruction: English
Description: Basic concepts of contractual obligations in the Civil and Common Law.  Formation and consent; formalities; cause and consideration. The interpretation of contracts and State control over the formation and the content of contracts. Vitiation of consent. Performance and breach; frustration and hardship; contractual remedies. Relativity of contracts and privity.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Two Take-home exams (4h); additional assessments TBD.

Section 002

Instructor: Professor Omar Farahat
Language of Instruction: English
Description: The law of Contractual Obligations is concerned with legal relations and effects that emerge in the context of human interaction: those that are created or recognized by the parties themselves and that, at least traditionally, are seen as being voluntarily undertaken, rather than being imposed by the State and its institutions. The aim of this course is to examine the theories, standards, principles, and norms governing these contractual relations in both the common law and civil law traditions. The concepts that will be covered include theories of contracts, contracts across traditions, the formation and enforceability of contracts (what constitutes an “agreement” and what kinds of agreements will the law enforce), consideration, interpretation of contracts, modification, the obligation of good faith, defects of consent, breach and remedies.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: ​Mid-term 25%, final exam 65%, and group presentations 10%.

Section 003

Instructor: Professeur Fabien Gélinas
Language of Instruction: Français
Description: Le cours couvre les concepts, discours et arguments fondamentaux du droit des obligations contractuelles dans la tradition du common law et celle du droit civil. Les sujets comprennent les définitions d’ un accord; les accords qui lient juridiquement; le contenu des obligations contractuelles; les raisons justifiant d’écarter les obligations, les remèdes en cas de violation et les droits des tiers. Du point de vue de la méthode, outre l’accès aux notions de base, le cours développe une approche pratique et critique. Pratique : divers exercices sont proposés pour s’ initier au maniement du discours juridique. Critique : le cours offre un recul critique afin de faciliter l’appréhension du phénomène contractuel dans le monde contemporain. Remarque : Non-native speakers of French are encouraged to take the course. A particular effort will be made to render French legal language and terminology accessible.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Take-home mid-term exam in December (20%), in-class group presentation 15%) during Fall or Winter term, final take-home exam in April (65%).

6 Dedek
Farahat
Gélinas
Full-year

Criminal Justice/Justice pénale (LAWG 102D1/D2)

Section 001

Instructor: Professeur Mugambi Jouet
Language of Instruction: English & French
Description: Ce cours se centre sur la justice pénale en Occident, notamment au Canada, aux États-Unis et en Europe. Il comprendra non seulement de nombreuses connaissances techniques, telles que les éléments d’un crime. Le cours offrira de même une connaissance approfondie du système pénal, dont ses dimensions historiques, sociales, politiques, économiques, raciales, ethniques, autochtones ou de genre. Nous explorerons la naissance et l’évolution de la justice pénale moderne à travers diverses théories critiques concernant ses enjeux, dynamiques, normes, institutions et acteurs. Parmi d’autres sujets, nous aborderons la prison, la peine de mort, la justice des mineurs, la police, l’inégalité sociale, la discrimination, les droits humains, la dignité, ainsi que les rôles des procureurs, avocats de défense et juges dans les tribunaux.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Rédaction (Automne, 45%); Examen final en personne (Hiver, 55%).

Section 002

Instructor: Professor Marie Manikis (Fall); Me Mairi Springate (Winter)
Language of Instruction: English
Description: This course will introduce the basis, nature and functioning of criminal justice within and across legal orders, with a focus on Canadian criminal justice. It will examine the main determinants of crime and explore the rationales for criminalizing certain conduct, presenting criminalization as one among a number of possible models for responding to different types of conflicts, behaviours and phenomena. Further, the course will introduce key substantive, procedural, evidentiary and sentencing aspects of the criminal law, with attention to formal but also informal sources of law, including the exercise of discretionary powers by police, prosecutors, and judges, as well as the role of the different participants in the criminal justice process. Finally, the course will engage closely with the social impact of criminal justice, with particular attention to race, class, gender, indigeneity, ethnicity and power.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: TBA

Section 003

Instructor: Professeur Mugambi Jouet
Language of Instruction: Anglais et français
Description: Ce cours se centre sur la justice pénale en Occident, notamment au Canada, aux États-Unis et en Europe. Il comprendra non seulement de nombreuses connaissances techniques, telles que les éléments d’un crime. Le cours offrira de même une connaissance approfondie du système pénal, dont ses dimensions historiques, sociales, politiques, économiques, raciales, ethniques, autochtones ou de genre. Nous explorerons la naissance et l’évolution de la justice pénale moderne à travers diverses théories critiques concernant ses enjeux, dynamiques, normes, institutions et acteurs. Parmi d’autres sujets, nous aborderons la prison, la peine de mort, la justice des mineurs, la police, l’inégalité sociale, la discrimination, les droits humains, la dignité, ainsi que les rôles des procureurs, avocats de défense et juges dans les tribunaux.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Rédaction (Automne, 45%); Examen final en personne (Hiver, 55%). 

6

Jouet
Manikis/Springate
Jouet

Full-year

Ex-Contractual Obligations/Obligations extra-contractuelles (LAWG 101D1/D2)

Section 001

Instructor: Professor Jaye Ellis
Language of Instruction: English
Description: Extra-Contractual Obligations/Torts is a first year law course about human relations and actions, injury, responsibility and repair. All legal traditions include within them guidelines for human behaviour and, more specifically, provisions regarding reparation for harm suffered. All students of law study “extra-contractual obligations” as a basic foundational course in order to appreciate how law views and responds to injuries we may suffer, and how it treats us as people who, whether intentionally or not, may harm others through our actions. At McGill, first year law students engage in the study of “extra-contractual obligations” in an integrated way. That is, students work within both the Common law and Civil law traditions of Canada to understand how law defines wrongdoing, injury, and the connection between wrongdoing and its harmful consequences. By doing so, you are invited to develop a sophisticated and critical comprehension of the purposes, contours and consequences of the private law of civil wrongs.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: Take-home examination and written assignment.

Section 002

Instructor: Professor Van Praagh
Language of Instruction: English
Description: Extra-Contractual Obligations/Torts is a first year law course about human relations and actions, injury, responsibility and repair. All legal traditions include within them guidelines for human behaviour and, more specifically, provisions regarding reparation for harm suffered. All students of law study “extra-contractual obligations” as a basic foundational course in order to appreciate how law views and responds to injuries we may suffer, and how it treats us as people who, whether intentionally or not, may harm others through our actions. At McGill, first year law students engage in the study of “extra-contractual obligations” in an integrated way. That is, students work within both the Common law and Civil law traditions of Canada to understand how law defines wrongdoing, injury, and the connection between wrongdoing and its harmful consequences. By doing so, you are invited to develop a sophisticated and critical comprehension of the purposes, contours and consequences of the private law of civil wrongs.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Scheduled mid-term exam and final exam (sit-down).

Section 003

Instructor: Professeur Richard Janda
Language of Instruction: Français
Description: TBA
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: TBA

6 Ellis
Van Praagh
Janda
Full-year

Foundations/Fondements du droit (PUB3 116) - Winter 2022

Section 001

Instructor: Professor Kirsten Anker
Language of Instruction: English
Description: This course is about asking questions about law. The best, and the most interesting, will have no easy answer. In asking them, this course aims, first, to familiarise you with key terms, concepts, theorists and schools of thought that you will come across in all kinds of legal writing and discourse so that you are equipped to begin participating in that discourse. In particular, I have selected texts and topics on the basis that they illustrate or embody key ideas or presupposed foundations of law, such as rules, power, or the instrumentality of law in shaping behaviour. These are the canonical debates that have shaped what you may have learned to call “liberal legality”. We will also engage with critical perspectives and tools, some from within and some from without liberal legal theory, that help contextualise those foundations and show how they are culturally and historically contingent, that the elements of liberal legality do not work in the way they purport to, or that the functioning of liberal constitutionalism is harmful or problematic in some way. As such, it builds on the work already begun in Indigenous Legal Traditions identifying liberal constitutionalism in Canada and showing alternatives to it. Finally, through these different approaches, the course aspires to provide you with multiple theoretical lenses to “see” contemporary legal and social issues in different ways (subject to change).
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: TBA

Section 002

Instructor: Professor René Provost
Language of Instruction: English
Description: The most exciting phrase to hear in science, the one that heralds new discoveries, is not "Eureka!" (I found it!) but "That's funny..." - Isaac Asimov. Arriving at the law faculty always raises questions about the nature of law and the objectives of legal education. The most important questions still lack clear answers, leaving the student (and the jurist) avenues for exploration rather than fully satisfactory explanations. Foundations of Law aims to highlight the importance of going far beyond the simple learning of legal rules, which is only an intermediate step in one’s initiation to the law, in order to seize and master the nature and nuance of legal discourse. It is thus necessary to go beyond the codes, laws, judgements and other rules to question the nature of law, the reason certain areas of human activity are governed by the law but not others, the political choices underlying the content and formulation of norms and legal institutions, the manner in which legal normativity influences behaviour and attitudes, the extent to which certain normative frameworks belong to a given legal tradition, the nature of the interaction between different legal traditions etc. Foundations of Law aims to encourage and multiply these questions, as well as providing the necessary elements that will feed such inquiries over the course of your legal careers, if not beyond.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: Participation and short critiques (10%), Mid-Course paper (30%), Final paper (60%).

Section 003

Instructor: Professor François Crépeau
Language of Instruction: Français
Description: Ce cours souligne l’importance d’aller au-delà de l’apprentissage des règles juridiques, qui ne constitue qu’une étape intermédiaire dans l’initiation au droit, pour s’interroger sur la nature du droit, sur la raison pour laquelle certains domaines de l’activité humaine sont régis par le droit mais pas d’autres, sur les choix politiques qui sous-tendent le contenu et la formulation des normes et des institutions, sur la manière dont la normativité juridique réussit à influencer les comportements et les attitudes, sur la possibilité de rassembler des ensembles normatifs appartenant à une tradition juridique, sur la nature de l’interaction entre les différentes traditions juridiques, etc. Ce cours vise donc à multiplier les questionnements et fournir des pistes de réflexion pour alimenter un cheminement intellectuel destiné à durer autant que la carrière du juriste.
Restrictions/Prerequisites
Format: Magistral participatif
Method of Evaluation: 1) 65% Essai : Vous devrez rédiger un essai d’au plus 3000 mots, dans lequel vous approfondirez un ou plusieurs des éléments théoriques étudiés au cours du second semestre. Vous aurez trois semaines pour le rédiger. 2) 35% Participation : Le cours se déroulera sur un modèle participatif plutôt que par enseignement magistral. Notre conversation de quatre mois devra être entretenue par vous : apportez-lui vos questions, vos intuitions, votre expérience et votre expertise, de même que votre imagination et votre créativité. La note sera attribuée sur la base d’une présentation en équipe, ainsi que sur la base de votre participation en classe. À cette occasion, une équipe de 2-4 étudiants-es (selon le nombre d’étudiants-es inscrits-tes à la section) fera une présentation critique des lectures d’au plus 20 minutes, en prenant pour acquis que toutes et tous auront lu les textes obligatoires. Un simple résumé des lectures ne sera ni suffisant ni souhaitable. Vous viserez à produire une analyse critique des questions soulevées par le thème du cours, de manière à initier une discussion collective avec les autres étudiants-tes. Vous pouvez utiliser d’autres sources d’information (ouvrages, articles, reportages…), ainsi que toute aide technologique désirée (PowerPoint, Prezi, YouTube, etc.).

Section 004

Instructor: Professor Daniel Weinstock
Language of Instruction: English
Description: What does it mean for the law to have "foundations"? This course will examine a number of different answers to that question. Some of these view the law as having universal rational foundations. Some view law as an instrument of domination. Others view them as being irreducibly grounded in sometimes incommensurable cultural frameworks. Others still view law's foundations as "shallow" -- just one social practice among others.  Who is right? The course will critically examine instances of all of these views about what law's foundations consist in.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Class journal (10% Pass/Fail), Mid-term paper (30%), Final exam (60%).

3

Anker
Provost
Crépeau
Weinstock

Winter

Indigenous Legal Traditions/Traditions Juridiques Autochtones (LAWG 103) - Fall 2021

Section 001

Instructor: Professor Kerry Sloan
Language of Instruction: English
Description: The central purpose of this course is to introduce students to Indigenous law in Canada by teaching, among other things, the connections between Indigenous ways of being and knowing and Indigenous law. To that end, we will explore (1) the worldviews and constitutional contexts of Indigenous legal traditions; (2) the colonial contexts that have shaped the current realities of Indigenous laws and Indigenous legal education and, reciprocally, Indigenous law revitalization; and (3) the contemporary relationships between Indigenous and state law in Canada. This course is intended to ground Indigenous law content taught throughout the Faculty’s transsystemic undergraduate program. To the extent practicable, instructors will deploy Indigenous pedagogies and will involve Indigenous community connections, partners, and guest speakers.
Restrictions/Prerequisites: No
Format: Lecture
Method of Evaluation: Midterm assignment (40%), final exam (flexible take-home with no set duration) (60%).

Section 002

Instructor: Professor Kerry Sloan
Language of Instruction: English
Description: The central purpose of this course is to introduce students to Indigenous law in Canada by teaching, among other things, the connections between Indigenous ways of being and knowing and Indigenous law. To that end, we will explore (1) the worldviews and constitutional contexts of Indigenous legal traditions; (2) the colonial contexts that have shaped the current realities of Indigenous laws and Indigenous legal education and, reciprocally, Indigenous law revitalization; and (3) the contemporary relationships between Indigenous and state law in Canada. This course is intended to ground Indigenous law content taught throughout the Faculty’s transsystemic undergraduate program. To the extent practicable, instructors will deploy Indigenous pedagogies and will involve Indigenous community connections, partners, and guest speakers.
Format: Lecture
Method of Evaluation: ​Midterm assignment (40%), final exam (flexible take-home with no set duration) (60%).

Section 003

Instructor: Professeure Kirsten Anker
Language of Instruction: Français
Description: L’objectif principal de ce cours est d’introduire aux étudiants le droit autochtone au Canada en enseignant notamment les interactions entre les manières d'être et les systèmes de connaissances autochtones, et leurs traditions juridiques. À cet effet, nous explorerons (1) les visions du monde et les contextes constitutionnels des traditions juridiques autochtones, (2) le contexte colonial ayant contribué aux réalités actuelles du droit autochtone et de l’enseignement juridique autochtone, et (3) les relations contemporaines entre les ordres juridiques autochtones et le droit canadien. Ce cours vise à enraciner les sujets et les contenus autochtones enseignés dans le cadre du programme transsystemique de la Faculté. Dans la mesure du possible, les enseignants mettront en œuvre des pédagogies autochtones et inviteront, par l'entremise de leurs connections avec les communautés autochtones, des partenaires et invités autochtones (sujet à modifications sans préavis).
Restrictions/Prerequisites: Non
Format: Lecture
Method of Evaluation: TBA

Section 004

Instructor: Professor Kirsten Anker
Language of Instruction: English
Description: The central purpose of this course is to introduce students to Indigenous law in Canada by teaching, inter alia, the connections between Indigenous ways of being and knowing and Indigenous law. To that end, we shall explore (1) the worldviews and constitutional contexts of Indigenous legal traditions, (2) the colonial contexts that have shaped the current realities of Indigenous laws and Indigenous legal education, and reciprocally, indigenous law revitalization, and (3) the contemporary relationships between indigenous and settler systems of law in Canada. This course is intended to ground Indigenous law content taught throughout the Faculty’s transsystemic undergraduate program. To the extent practicable, instructors will deploy Indigenous pedagogies and will involve indigenous community connections, partners, and guest speakers (subject to change).
Restrictions/Prerequisites: No
Format: Lecture
Method of Evaluation: TBA

3

Sloan
Sloan
Anker
Anker

Fall

Integration Workshop (LAWG 110D1/D2)

Section 001 (Workshop)

Instructor: Professor Sébastien Jodoin-Pilon
Language of Instruction: French and English
Description: The integration workshop will enable students to practice and reflect on different approaches to legal research, analysis, and writing. Through plenary lectures and small group sessions, students will be introduced to different forms and styles of legal reasoning and writing across multiple legal traditions, disciplines, and perspectives. By practicing legal writing in different settings, students will begin to develop their own analytical and writing styles as aspiring legal professionals and understand how to take into account legal traditions, context, audience, objectives, strategy, story-telling, and problem-solving in doing so.
Restrictions/Prerequisites: None.
Format: Seminar - A mix of plenary lectures and small group sessions.
Method of Evaluation: Pass/Fall. Students will complete three assignments in this course: a case brief; a legal memo, and a factum. Recorded Remote Lecture: Yes for plenaries. No for small group sessions.

Sections 002, 003, 004, 005, 006, 007, 008, 009, 010 & 011 (Small Group Teaching)

3

Jodoin-Pilon

Full-year

2L Required Courses

Course Title and Number Credits Instructors Term Lecture Recording

Advocacy (PRAC 200)

Instructor: Me Jérémy Boulanger-Bonnelly
Language of Instruction: English
Description: The course provides an opportunity to critically analyze and develop advocacy skills. Students will be exposed to advocacy in a range of settings, including mediation, trial advocacy and written advocacy. This course is taught using both lectures and small group tutorial session workshops.
Restrictions/Prerequisites:
Format: Lecture & tutorial groups.
Method of Evaluation: Pass/Fail: To pass this course, students must meet both the Attendance requirement and the Coursework requirement, which are equally weighted. The Coursework requirement consists in four assignments evaluated on a Pass/Fail basis, i.e. two drafting exercises and two oral advocacy exercises. Most assignments will be completed during the tutorial sessions. If an assignment receives a “Fail” grade, the student will be required to complete a supplemental written assignment. To pass the Attendance requirement, any student missing more than two hours of lecture or tutorial time during this course will be required to complete a supplemental written assignment. Remote Recorded Lecture: Yes

1 Boulanger-Bonnelly Fall YES

Judicial Institutions & Civil Procedure/Droit judiciaire (PROC 124)

Section 001

Instructor: Adamski
Language of Instruction: English
Description: This course is intended as an introduction to the basic structure, values and problems of civil procedure. It should be seen as a vehicle for exploring issues arising in most systems of civil procedure in Canada and in the Western world generally, rather than as a survey of the rules of procedure that will dominate the lawyering experience of those who will choose litigation as a career. It addresses a broad range of questions, from strategic and financial considerations of litigation all the way to broad principles of the judicial order, as well as the key aspects of pre-trial procedure. The course is meant as an effort to highlight fundamental tensions in the organization and implementation of dispute resolution by state-appointed judges. Much of the course will be taught through problem-based learning, requiring active participation of all students.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: 25% mid-term exercise with option to do in a team; 75% take-home final exam.

Section 003

Instructor: Professeure Geneviève Saumier
Language of Instruction: Français
Description: Ce cours se veut une introduction aux institutions, à la structure, aux principes et aux défis de la justice civile. Informé par les thèmes contemporains de la « crise de la justice civile » et de «l’accès à la justice », le contenu du cours donnera une vue d’ensemble du système de justice civile au Canada dans une perspective comparative et critique. À la fin du cours, vous devriez être en mesure de (i) vous retrouver dans un système de procédure civile écrite; (ii) identifier les enjeux contemporains de la justice civile au Canada et en faire une évaluation critique; (iii) connaître les principes fondamentaux de la justice et de la procédure civile; (iv) connaître les éléments principaux de la procédure dans un litige civil et développer des instincts par rapport aux enjeux stratégiques liés à la résolution des différends.
Restrictions/Prerequisites:
Format: Lecture
Method of Evaluation: Commentaires de lecture (2 x 500 mots) - 20%; Visite de la chambre de pratique de la Cour supérieure et rapport écrit (1000 mots) – 30%, ; Examen final – 50% - examen à livre ouvert. S'il n'est pas possible de visiter la Cour, l'évaluation sera comme suit: commentaires de lecture (30%), examen final (70%).

Section 001

Instructor: TBA
Language of Instruction: English
Description: Fundamental questions of judicial organization and authority; Values and obligations of civil procedure; Steps of pre-trial civil procedure and applications for appeal in Canada; Alternatives to litigation; Civil procedure in an unequal society; Emphasis on Quebec Code of Civil Procedure, Ontario Courts of Justice Act and Rules of Practice.
Format: Lecture
Method of Evaluation: Mid-term assignment (40%) and final take-home exam (60%).

 

4

Adamski
Saumier
TBA

Fall
Fall
Winter



 

Legal Ethics & Professionalism / Déontologie professionnelle (LAWG 210)

Section 001

Instructor: Me Jérémy Boulanger-Bonnelly & Julia Atack 
Language: English
Description: This course will introduce students to the principles and rules of legal ethics and professionalism in Canada. We will first explore what it means to be a legal professional, what social role and responsibilities that status entails, and the role of lawyers in the face of pressing social issues such as access to justice and diversity. We will explore the main rules governing the legal profession and the practice of law, including the structure of the profession, the formation of the lawyer-client relationship, the duty of competence, professional secrecy and other types of privileges, confidentiality, discretion, conflicts of interests, the duties towards the administration of justice, and the disciplinary process. We will also explore the application of those rules in different procedural contexts, including negotiation, mediation and adjudication, as well as in different fields of practice.
Restrictions/Prerequisites
Format:
Method of Evaluation: Participation; one short essay; take-home exam. 

Section 002

Instructor: Me Isabelle Deschamps 
Language: English
Description: This course is an introduction to: a) the rules of ethics that regulate the legal profession in Canada (for example, in Quebec and Ontario); b) their enforcement; c) the sources, principles and objectives underlying these rules and how they are being enforced; and c) some of the ethical dilemmas and questions that relate to both the work and the role of a legal professional. As a group, our objective will be to think critically about the above elements. Moreover, we will study them as they arise and apply in different types of practices and of legal professions as well as in and different areas of the law. By the end of the course, it is expected that students will have developed a) a critical understanding of the rules and principles studied over the term as well of their objectives; b) the capacity to identify these rules and principles as they exist in legislative texts and jurisprudence; c) an ability to resolve ethical questions relating to the conduct of the legal profession.
Restrictions/Prerequisites: N/A
Format: Interactive courses, in-class workshops, student-led presentations, guest lectures.
Method of Evaluation: Classroom participation (5% self-assessment, 10% teacher-assessment), Team-led Presentation/Workshop (10% peer-assessment, 15% teacher-assessment), Final Exam (60%).

Section 003

Instructor: TBD
Language: Français 
Description: Le cours traitera des principes de déontologie et des règles de droit qui régissent l’activité des professionnels du droit. Le cours présente différentes conceptions du rôle des avocats et explore les sources qui énoncent des normes déontologiques, et qui prévoient des sanctions disciplinaires. Le cours mettra également l'accent sur les enjeux d'ordre systémique dans la pratique du droit tout au long du cours. Le cours traitera des questions déontologiques principales liées à la pratique du droit : la formation de la relation entre l’avocat et le client, le devoir de compétence, le secret professionnel et la confidentialité, les conflits d’intérêts, l'obligation envers le système de justice, et la déontologie de la résolution des différends. Par la suite, nous allons nous consacrer à l’examen des enjeux déontologiques propres à certains champs de pratique.
Restrictions/Prerequisites: N/A
Format: Cours interactif et ateliers
Method of Evaluation: Implication en classe et sur MyCourses, un court essai, examen à domicile de 24h ou moins au moment choisi par l'étudiant durant la période d'examen.

3

Boulanger-Bonnelly & Atack
Deschamps
TBD

Winter
Winter
Winter

 

 

Property/Les biens (LAWG 220D1/D2)

Section 001

Instructor: Professor Tina Piper
Language of Instruction: English
Description: In this second year course we will be exploring the foundations, principles and mechanisms of property law. This will be done from a transsystemic point of view that examines common law, civil law and indigenous traditions in respect of property. Guest speakers and plenaries will contextualize the learning in the course.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Individual Essay (Fall) (30%); Group Assignment (Winter) (30%); Exam (Winter) (40%).

Section 002

Instructor: Professor Priya S. Gupta
Language of Instruction: English
Description: This second year course examines the foundations, principles, and primary doctrines of property law through a transsystemic approach encompassing common law, civil law, and indigenous traditions. Throughout the course, we will have guest speakers and plenary sessions to gain a better appreciation for property as it operates in context.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Individual Essay (Fall) (30%); Group Assignment (Winter) (30%); Exam (Winter) (40%).

Section 003

Instructor: Professeure Yaëll Emerich
Language of Instruction: Français
Description: Le cours de droit des biens/Property est une introduction aux fondements, principes et mécanismes du droit des biens d’un point de vue transsystémique. Le cours examine le droit civil, la common law et les traditions autochtones en matière de biens, incluant les relations principales relatives aux biens ainsi que les limites à la propriété et aux droits réels.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Essai; travail de groupe et présentation; Examen final (hiver).

6 Piper
Gupta
Emerich
Full-year

 

Complementary Civil Law Immersion Courses

Course Title and Number

Credits

Instructors

Term

Lecture Recording

Administration du bien d’autrui et fiducie (PRV4 548)

Instructor: Anne-Sophie Hulin
Language of Instruction: Français
Description: Dans ce cours, nous explorerons les fondements de la fiducie québécoise, sa formalisation dans le Code civil du Québec pour ensuite en venir à l’étude du régime de l’administration du bien d’autrui. Nous verrons que le champ d’application de ce régime outrepasse largement celui de la fiducie et que celui-ci se révèle potentiellement pertinent pour répondre à certaines carences du droit positif  (notamment en droit de personnes ou en droit des données numériques…).  
Restrictions/Prerequisites: if any
Format: Lecture
Method of Evaluation: Mid-term exam (40%), final exam (50%), participation (10%).

3 Hulin Winter  

Advanced Civil Law Obligations (PROC 200)

Instructor: Professor Ignacio Cofone
Language of Instruction: English
Description: This course aims to deepen your understanding of the civil law as a legal tradition. We will do so in three steps. First, we will go through the history of the civil law tradition with the goal of understanding what is common among the legal systems that share that tradition. Second, we will see whether and when economic analysis, which has become the predominant private law framework in the common law world, is useful in civil law systems, using the opportunity to compare both legal traditions. Third, we will examine three substantive areas in the Quebec law of obligations that are characteristic of the civil law tradition: specific performance, unjust enrichment, and the contract of a gift.
Restrictions/Prerequisites
Format
Method of Evaluation: Grades will be based on a take-home assignment (30%), class participation (10%), and a take-home final exam (60%). 

3 Cofone Winter  

Assurances (BUS2 561)

Instructor: TBA
Language of Instruction: Français 
Description: Le cours se veut une introduction au droit des assurances, mais également une étude approfondie en ce qui concerne les sujets d’actualité qui occupent l’industrie de l’assurance depuis les 10 dernières années. Assez étrangement, les Canadiens négligent l’importance de l’assurance. Tout comme le système bancaire, à savoir nos cinq banques à charte, le commerce et l’industrie au sens large ne pourraient opérer sans l’existence d’assureurs commerciaux sophistiqués. Comme vous le savez sans doute, rien ne peut se faire, rien ne peut être construit, rien ne bouge sans qu’il n’y ait une assurance derrière la personne, la compagnie ou le projet. Certains diront même que, outre l’impôt et la mort, il y a au moins deux autres certitudes dans la vie : les banques et les assureurs!
Restrictions/Prerequisites
Method of Evaluation: 75% final, 15% group work, 10% participation.

3 Hourani Fall  

Law of Persons (PRV2 270)

Instructor: Professor Jonas-Sébastien Beaudry
Language of Instruction: English
Description: This course will introduce you to legal personhood through the lens of civil law. Quebec’s law of persons governs the existence and attributes of natural and legal persons; the juridical personality; the enjoyment and exercise of civil and personality rights (such as rights to dignity, life, security and privacy); civil status; death and absence; as well as personal capacities and protective supervision. This law is found in the Civil Code of Québec’s first book, “Of Persons”, which sets the stage for the rest of the Code, which according to its preliminary provision “governs persons, relations between persons, and property”. The rights of persons are also found within the Québec’s Charter of Human Rights and Freedoms. We will examine these laws, as well as judicial and scholarly interpretations of their content. We will also reflect critically on controversial aspects of the descriptive and normative scope of legal personhood within Québec’s law.
Restrictions/Prerequisites: No
Format: Lecture
Method of Evaluation: In-Person Exam 75% + 25% Group Presentation.

3 Beaudry Fall  

Complementary Common Law Immersion Courses

Course Title and Number

Credits

Instructors

Term

Lecture Recording

Advanced Common Law Obligations (PRV3 200)

Instructor: Professor Richard Gold
Language of Instruction: English
Description: Advanced Common Law Obligations invites students to private law obligations in the common law tradition – arising through tort, contract and property – and the theories underlying these obligations.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: 75% Final exam and other in-term assessments.

3 Gold Winter  

Equity & Trust (PRV4 549)

Instructor: Professor Lionel Smith
Language of Instruction: English
Description: This course explores the common law trust, which is a mode of holding property that has a very wide range of applications in family law, commercial law, the law of remedies, and other fields. Topics will include the historical foundations of the trust as a creature of Equity; the juridical nature of the trust; its many applications in the modern world; the creation and conditions of validity of the trust; powers and obligations of trustees; breach of trust and its consequences; trusts arising by operation of law; and the variation and termination of trusts. One theme of the course is the increasing use of wide discretions in modern trusts, and the practical and theoretical challenges that this creates.
Restrictions/Prerequisites: Property/Les biens or equivalent is obligatory.
Format: Lectures and discussion.
Method of Evaluation: Mid-term assignment or test (1/3); In-person final examination (2/3). 

3 Smith, L Fall  

Restitution (PRV4 500)

Instructor: Professor Lionel Smith
Language of Instruction: English
Description: This course examines the common law of restitution, with a focus on how the subject has evolved in the common law world and especially in common law Canada in the last 50 years. This includes the nature of ‘unjust enrichment’ and competing ways of understanding claims in restitution; the elements of claims for restitution; juridical methods of ordering restitution; and defences to claims for restitution.
Restrictions/Prerequisites: Property/Les biens or equivalent is obligatory.
Format: Lectures, discussion, student presentations.
Method of Evaluation: Student presentations (1/3); In person final examination (2/3).

3 Smith, L Fall  

Complementary Social Diversity, Human Rights and Indigenous Law Courses

Course Title and Number

Credits

Instructors

Term

Lecture Recording

Civil Liberties (CMPL 573)

Instructor: TBA
Language of Instruction: English
Description: The course introduces students to the theory and practice of civil liberties in democratic states with a strong focus on Canada and western legal traditions. Students will critically analyse the role of liberty in law, including rights to freedom of the press, expression, conscience, religion, association and peaceful assembly as they are negotiated in complex contexts, with multiple actors, and with other rights and interests. The course uses a critical, interdisciplinary and multimedia approach that situates the spaces and places where dissent and advocacy take place. In light of the recent pandemic, we will be paying special attention to civil liberties in times of public emergency and the reconciliation of liberty interests and public security/security of the person.
Restrictions/Prerequisites: Constitutional law (Canada) or equivalent  
Format: Seminar
Method of Evaluation: Research paper: 40% of final grade. Participation, Attendance and In-class Engagement: 10%. Group Presentations OR Individual Op Ed plus presentation: 30%. Online discussion fora: 10%, readings 10%

3 TBA Winter  

Critical Engagements with Human Rights (LAWG 505)

Instructor: Professor Nandini Ramanujam
Language of Instruction: English
Description: This seminar examines the connections between the theory and practice of human rights. It explores theoretical, ethical, and strategic issues related to human rights discourse, advocacy and activism, critically examining fact finding, monitoring, reporting, litigation, and grassroots mobilization in advancing human rights. Students will acquire a nuanced understanding of the roles, responsibilities, and limitations of human rights lawyers and professionals, by critically analyzing multiple human rights discourses. The seminar is built upon recognition that students bring knowledge, experience and a diversity of perspectives to the classroom. The seminar draws heavily from students’ experiences, which guide the exploration of theoretical, ethical, and strategic issues related to human rights work. It represents part of an innovative clinical education program developed at the Faculty. The second half of the course includes a writing workshop component with the aim of translating field experiences into academic writing. The seminar employs participatory and collaborative learning strategies and the research and writing is guided through a systematic peer review process. Students who register in the course must have completed a Human Rights Internship, unless permission is granted by the instructor.
Restrictions/Prerequisites: Human Rights Internship/clinical and other field based human rights work experience. Open to LL.M. students. instructor authorization to register
Format: Seminar
Method of Evaluation: 10% class participation, 15% group project and class presentation (co-facilitation and designing of an assigned class), 75% final paper (including 10% peer review participation)

3 Ramanujam Fall  

Critical Race Theory (LAWG 507)

Instructor: Professor Sarah Riley Case
Language of Instruction: English
Description: This course explores Critical Race Theory, which is an intellectual tradition, social movement, discourse, set of tools and perhaps other things that respond to liberal theories of the law and society, to critical legal studies, and to institutional measures such as diversity initiatives and implicit bias training. An emphasis will be placed on structural relations of racial subordination, including through enslavement, capitalism, policing, incarceration, labour and education. Topics will include 'centering' and 'decentering' Canada, settler colonialism, the social construction of race, Indigenous legal critique, storytelling, intersectionality, unconscious racism, ‘post-racialism’, ‘Third World’ approaches to the law, and abolition movements. Themes include reform and abolition, the possibilities for change inside institutions, and the various experiences of and solidary among racialized peoples. The seminar will involve a close reading of texts, watching films and engaging with the arts. It will be structured to promote the meaningful discussion of topics and the students’ experiences.
Restrictions/Prerequisites:
Format: Seminar
Method of Evaluation: Evaluation will be based on participation in class (15%); five reflections of 500 words submitted before class (25%); leading a class discussion (in a group, depending on enrolment) (30%); and one final reflection on the course as a whole of 2000 words that may build on prior reflections (30%).

3

Riley Case

Winter

 

Disability Law and Policy (LAWG 582)

Instructor: Professor Jonas-Sébastien Beaudry
Language of Instruction: English
Description:This course will introduce students to fundamental issues in disability law. We will start by asking “who is the ‘disabled subject’?”, “what is disability?”, and what expectations of “normalcy” are implicit in approaching some questions in the field. We will then critically examine legal concepts used in disability law and how they are interpreted (e.g. reasonable accommodation, equality, discrimination, dignity). We will also explore the difficulties that people with disabilities face in relation to access to justice, education and healthcare, as well as other controversial issues, such as political participation, sterilization, assisted dying, and socio-economic rights. We will draw from legal materials from different jurisdictions and from the inter-disciplinary field of disability studies to explore the evolving landscape of disability law and the challenges it continues to pose to law- and policy-makers.
Restrictions/Prerequisites:
Format:
Method of Evaluation: 85% Final paper; 5% Research proposal; 10% 3 min presentation.
Notes: Please note you cannot take the course if you have already taken it as a Specialized Topic course.

3 Beaudry Winter  

Discrimination and the Law (CMPL 575)

Instructor: Professor Colleen Sheppard
Language of Instruction: English
Description: The purpose of the seminar is to provide you with an opportunity to do advanced research and writing on a topic related to discrimination and inequality. The course is designed to introduce you to key conceptual debates and legal developments surrounding equality rights in both the statutory human rights, international and constitutional domains. We will inquire into the multiple roles that the law plays in both perpetuating systemic inequalities and in promoting social and legal equality. We will also examine the importance of developing a contextual and structural approach to equality rights from a micro, institutional and macro perspective.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: Research paper (8,000 words - excluding footnotes & bibliography) (75 per cent); Short oral presentation of your research findings (10 per cent); Seminar participation (15 per cent).

3 Sheppard Winter  

Indigenous Peoples and the State (CMPL 500)

Instructor: Dr. Karen Sloan
Language of Instruction: English
Description: This course will explore dialogues between European‐derived legal traditions and Indigenous legal traditions in “Canada” in four contexts: 1) legal philosophies and critical legal theories; 2) treaties, diplomacy and inter-cultural law; 3) Indigenous title and rights in domestic and international law (including consultation and FPIC); and 4) Indigenous governance: colonial impositions (Indian Act, Canadian constitutional powers) and resurgence. Students will have the opportunity to reflect on the way Indigenous and non-Indigenous legal traditions have been shaped both by colonial relationships and by specific legal cultures.
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: Short reflection piece (10%), presentation (15%), term paper (75%).

3 Sloan Winter  

Immigration and Refugee Law (PUB2 551)

Instructor: Professor François Crépeau
Language of Instruction: English
Description: The course is designed 1. To learn the main concepts of international immigration and refugee law. 2. To measure the diversity of the sources, to master the main legal instruments and to work with the doctrine related to immigration and refugee law, mostly in international law. 3. To understand the contemporary issues and challenges related to immigration and refugee law, including its relations to human rights law, at the heart of the profound transformations of the universal international law regime relating to mobility.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: 1) Thirty-five (35) points for a team presentation of the issues pertaining to one of the sessions. 22 teams will be formed and each team will have a presentation to make. Most teams will be formed of two students. 2) Sixty-five (65) points for a take-home exam. You will write a 2000-word exam on issues covered during the term. The exam aims at demonstrating your ability to establish links between issues and concepts and go beyond what the readings provided. The questions will be posted on MyCourses at the beginning of the exam session and you will have 48 hours to produce your answers once you obtain the questions.

3

Crépeau

Winter  

International Development Law (CMPL 516)

Instructor: Professor Nandini Ramanjuam
Language of Instruction: English and French
Description: The course will explore evolving understandings on the relationship between the law – domestic (formal and informal), international, or transnational – and development. This relationship has been one of the central concerns for social scientists, policymakers and development professionals. A significant focus of the course will be on the interaction between the rule of law and institution-building in the context of socio-economic development. The course will also provide a forum for students to critically analyse concepts such as the right to development and the human rights approach to development more generally. The course will be interdisciplinary in nature, drawing upon literature from economic, cultural, and legal theories of development. It will also draw on contemporary literature on the concept of the rule of law, international documentation, and selected case studies.
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: Undergraduate students – paper 75% of grade (satisfies the Faculty Writing Requirement); LLM students – Two policy briefs and a longer policy paper 75% of grade. Group Blog Entry on MyCourses site (500 words). Each group will receive a group grade ranging from B to A- & Group presentation 15% of grade. Class Participation 10% of grade. 

3 Ramanujam Winter  

International Law of Human Rights (CMPL 571)

Instructor: Professor René Provost
Language of Instruction: English
Description: The phrase “Human Rights” often features as a catchy slogan and ultimate point of reference in the discourse of states seeking to justify their policies or attempting to garner support and shore up legitimacy for practices that they are implementing vis-à-vis state and non-state actors. Yet “human rights” have also had an impact that goes beyond mere rhetoric: spearheading developments in the international criminal law enforcement through the creation of international criminal tribunals and special courts. But are human rights really of universal value? Is international human rights law really state law? If so, what is the nature and scope of the application of human rights and how have they been enforced at the international level and within states? To answer this and other questions, the course seeks to introduce students to international human rights law, including its historical development, evolution, sources, standards and institutions. It will trace developments in the substantive protection of human rights before and after the adoption of the Universal Declaration of Human Rights and the two Covenants, and highlight the debate regarding the universality/cultural relativism of human rights as well as arguments regarding the indivisibility and interdependence of rights. In addition, the course will provide an introductory overview of different categories of rights including group rights (self determination, minorities, refugees and indigenous people). A selection of other substantive rights will be examined such as the right to development, women’s rights and the right to the integrity of the person. A substantial part of the course will survey the wide range of instruments and mechanisms promoting and protecting human rights standards and norms at the international (UN) and regional levels (African, European, Inter-American), before addressing current challenges such as the application of human rights in armed conflict; while countering terrorism or by non-state actors. Another theme that will be briefly addressed is the role of non-governmental organizations (NGOs) in the implementation of human rights.
Restrictions/Prerequisites: Public International Law
Format: Lecture
Method of Evaluation: Participation (10%), in-class oral critique (10%), team report (25%), team peer assessment (5%), and open-book final exam (50%).

3 Provost Fall  

Labour Law (LEEL 369)

Instructor: Professor Adelle Blackett
Language of Instruction: English, with significant reading and class participation in French.
Description: This upper-year course provides a general introduction to Labour Law, focusing on collective bargaining and labour relations.  Its emphasis is on the Québec Labour Code, with frequent references to federal, Ontario and other provincial developments, and occasional reference to the United States.  Selected transnational sources have been incorporated into the reading materials, to reflect the multi-level governance of labour law in the contemporary global economy.
Restrictions/Prerequisites: This course is the companion course to Employment Law.  Ideally, Employment Law would be taken prior to Labour Law, but Employment Law is not a prerequisite for this course. An understanding of the administrative process and of judicial review of administrative action will also be helpful in Labour Law, but neither associated course is a prerequisite to Labour Law.
Format: Extensive class participation is encouraged.
Method of Evaluation:  25% Class participation and quizzes; 25% Case comment; Final Examination: 50% (Take Home).

3

Blackett

Winter  

Law and Poverty (LEEL 582)

Instructor: TBA
Language of Instruction: English
Description: This course explores examines the ways in which the law variously maintains, alleviates, exacerbates, and rationalizes the continued existence of poverty and inequality in Canada and beyond. On one hand, the course invites students to articulate and challenge the ways in which legal rules disproportionately punish and marginalize poor people and their communities. On the other, it considers the possibilities for both the law and lawyers to play a greater role in struggles for economic and social justice — in particular through strategic litigation, law reform, and movement lawyering. Students will draw connections throughout the course across themes that include employment, administrative law, housing and tenancy law, health care, social assistance, migration, the criminal justice system, constitutional and Charter litigation. In addition to a rich body of appellate jurisprudence, students will be exposed to leading academic scholarship, submissions made before courts, international human rights sources, and expert perspectives.
Restrictions/Prerequisites: No, though JICP and JRAA are both strongly recommended.
Format: Seminar
Method of Evaluation: Participation and discussion leadership (20%); Course journal (20%); Peer review (5%); Final essay of approximately 4000 words (55%).

3

TBA

Winter  

Law and Psychiatry (PUB2 500)

Instructor: TBA
Language of Instruction: English
Description: For centuries, mental health conditions have bedeviled law and society. From the lunacy statutes and insanity defense of the 19th century, to the asylum laws and deinstitutionalization rulings of the 20th century, to human rights and therapeutic justice-inspired laws of the 21st century, the law has played a diversity of roles regarding psychiatry. This seminar explores the dynamic dimensions of law and mental health. We begin with an overview of evolving scientific knowledge and understanding: the biological, psychosocial, politico-cultural construction of mental “disorders,” and their treatment by institutionalization, surgical and shock therapy, drugs, counseling, etc. The overview is intended to advance critical reflection on the roles of law as it interfaces with psychiatry/mental health sciences and  modern interdisciplinary thought. We then draw on diverse sources of mental health law – e.g., human rights, equality and disability law;  health law, torts, administrative law regulation of health professionals and therapeutic products; criminal law -- to examine traditional and novel issues: informed consent and rights to treatment, provider-client relations, competency/capacity, civil commitment and community treatment, human research, medical liability, forensic psychiatry, stigmatization theory and disability discrimination. The frameworks of legal analysis should enable students to examine critically both classic and frontier issues of mental health – e.g. neurolaw & artificial intelligence applications for mental health. The analyses draw on international and comparative norms to contrast the strengths, limits and voids of Canadian law.
Restrictions/Prerequisites: While priority for entry is given to law students, students from other relevant interdisciplinary domains -- e.g., social work, nursing, medicine, bioethics, psychology -- are welcome. 
Format: Seminar
Method of Evaluation: Students will be evaluated on the basis of class participation (20%) an 8-10 page written assignment (30%) and a 15-20 page term paper (50%). 

3 TBA Winter  

Public International Law/Droit international public (PUB2 105)

Section 001 (Fall)

Instructor: Professor François Crépeau
Language of Instruction: English
Description: This course is a general introduction to public international law, aiming to give students not only a basic knowledge of the elements of international law, but also a critical view of this system stripped of all the elements generally considered fundamental to any legal system (executive, legislative, judicial). We will examine in detail the processes of formation of international law and the content of norms in certain areas of that law, including state jurisdiction, nationality, use of force, human rights, state responsibility, and the United Nations. Upon completion of this course, students should (i) have acquired a basic knowledge of the principles, rules, and vocabulary of public international law; (ii) be able to analyze problems of international law using the principles and rules studied in class; (iii) be able to expand their knowledge and conduct research in areas not seen in class; (iv) be able to critique current or proposed rules of international law; and (v) have formed a personal, reasoned opinion of the usefulness and normative character of public international law.
Restrictions/Prerequisites: None.
Format
Method of Evaluation
1. A two-hour closed-book exam during exam period, counting for 60% of the final grade. Students are allowed only one 8 ½ X 11 double-sided sheet of paper on which to write or print whatever they wish.
2. A 2000 word OR LESS case commentary of a recent international decision, which will be distributed in mid-October, counting for 30% of the final grade. The commentary is due three weeks later.
3. Depending on the total number of students, one or two team oral presentations of the issues of the theme of the day, based on the readings and other sources, counting for 10% of the final grade. Sessions assigned to the different teams will be distributed in the first few classes.

Section 001 (Winter)

Instructor: Professor Frédéric Mégret
Language of Instruction: Français 
Description: Ce cours envisagera l' émergence historique d' un droit international entre États ainsi que la théorie qui sous-tend le droit international. Le cours couvrira un certain nombre de grandes questions telles que la théorie des sujets, la nature des obligations internationales, ou le rôle des institutions internationales. Il sera aussi l' occasion, à travers l' étude d' un certain nombre de crises et de grandes affaires internationales, de s'interroger sur les possibilités de l'ordre international. Quelques grands thèmes seront envisagés tels que le droit de lamer, le droit des délimitations territoriales, le droit des immunités, la Charte des Nations Unies, la responsabilité internationale, etc.
Restrictions/Prerequisites:
Format: Lecture
Method of Evaluation: 25% in class assessment, 75% final exam.

3 Crépeau
Mégret

Fall
Winter

 

Regulating Artificial Intelligence (LAWG 562)

Instructor: Professor Peer Zumbansen
Language of Instruction: English
Description: The proliferation of automated processes for the access to, the making and the distribution of goods, services and other assets suggests the “rise of the robot” and a fundamental transformation of political democracy through “algorithmic governance.” This automation of knowledge gathering, dissemination and creation raises not only difficult questions regarding scientific and ethical judgment and decision making, but challenges core liberal conceptions of ownership, control and government. We will use detailed case studies in public and private law areas to study this transformation and the consequences for legal and political theory.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: 20% Reaction Papers to Course Readings; 10% Class Conference Presentation; 70% Final Paper.
Notes: Please note you cannot take the course if you have already taken it as a Specialized Topic course.

3 Zumbansen Winter  

Complementary Principles of [Canadian] Administrative Law Courses

Course Title and Number

Credits

Instructors

Term

Lecture Recording

Discrimination and the Law (CMPL 575)

Instructor: Professor Colleen Sheppard
Language of Instruction: English
Description: The purpose of the seminar is to provide you with an opportunity to do advanced research and writing on a topic related to discrimination and inequality. The course is designed to introduce you to key conceptual debates and legal developments surrounding equality rights in both the statutory human rights, international and constitutional domains. We will inquire into the multiple roles that the law plays in both perpetuating systemic inequalities and in promoting social and legal equality. We will also examine the importance of developing a contextual and structural approach to equality rights from a micro, institutional and macro perspective.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: Research paper (8,000 words - excluding footnotes & bibliography) (75 per cent); Short oral presentation of your research findings (10 per cent); Seminar participation (15 per cent).

3 Sheppard Winter  

Employment Law (LEEL 570)

Instructor: TBA
Language of Instruction: English
Description: Survey of the employment contract including hiring practices, dismissals, duties of the employer and the employee including loyalty, non-competition, impact of statutes (Labour Standards Act, Charter of the French Language, etc...) and recourses. The purpose of the course is to deal with non-collective agreement employment contracts, which govern most of the working population.
Restrictions/Prerequisites: There are no prerequisites for this course. The companion course is Labour Law, which deals with the collective relationship, characterized by unionization. Together, the courses seek to give a fair panorama of the “law of work”, but a number of other courses (Labour Arbitration, Contract Negotiation, Occupational Safety and Health Law, Transnational Labour Law) would readily supplement the overview for someone interested in pursuing a career in the field.
Format:Lecture
Method of Evaluation: Group Presentation (25%); Final Examination (75%).

3 De Four-Wyre Fall  

Environment and the Law (CMPL 580)

Instructor: Dr. Geoffrey Garver
Language of Instruction: English
Description: Environmental law is a vast and evolving subject matter that also touches upon constitutional law, civil law, administrative law, criminal law and international law. Given the introductory nature of this course, the course objective is to provide students with a comprehensive overview of law and policy for regulating various aspects of human activities that affect the environment.  We will review basic concepts and approaches in environmental law and policy,substantive laws and regulations related to environmental protection (including impact assessment), jurisdictional issues underpinning environmental protection, procedural issues such as public participation and rulemaking, and issues of liability and enforcement.  The course will cover environmental law and policy related to land, air and water; waste and toxic substances;  plant and animal species and biodiversity; and the role of Indigenous Peoples with respect to environmental protection.  We will also consider shortcomings in environmental law and proposals for reform.  The focus will be on Canadian law at the federal, provincial and municipal levels but we will also consider how efforts to protect the environment at the international level have shaped domestic law.  Provinces play a strong role in environmental law and policy, and so we will often look to Québec for example of specific regulatory measures and occasionally to other provinces.  Students taking this course will gain an understanding of the main domestic legal instruments that address human interaction with the environment and how various stakeholders engage with these instruments and are involved or implicated in environmental protection. After taking the course, students will be able to formulate legal and policy arguments with respect to environmental protection and legislation and to develop ways to improve environmental law in the future.
Restrictions/Prerequisites: None
Format
Method of Evaluation: The final exam (timed take-home) will be worth either 50% or 80%.  There will be an optional written assignment worth 30% of the course grade, and for students who elect to do the written assignment, the final exam will be worth 50%.  The remaining 20% of the course grade will be based on class participation.

3

Garver

Fall  

Faillite (BUS1 532)

Instructors: TBA
Language of Instruction: Français
Description: Ce cours vise à familiariser les étudiants avec le régime législatif canadien applicable en matière de faillite et d’insolvabilité et de restructuration d’entreprises insolvables. Le droit de la faillite et de l’insolvabilité affecte de façon fondamentale, et parfois de façon surprenante, les droits et obligations des parties traitant avec des personnes insolvables. La première partie du cours sera consacrée au régime de faillite tandis que la seconde partie traitera de la restructuration d’entreprises insolvables. À la fin du cours, l’étudiant devrait mieux comprendre les enjeux pour les débiteurs, les fournisseurs, les employés, les créanciers, les gouvernements et les autres intervenants affectés par l’insolvabilité d’une entreprise ou d’un individu, le processus de liquidation ordonnée qu’est la faillite, et les options de redressement qui s’offrent à une personne insolvable.
Restrictions/Prerequisites:
Format: Lecture
Method of Evaluation: In-person mid-term exam (40%); In-person final exam (60%).

3 Lachance / Lavery Fall  

Government Control of Business (CMPL 574)

Instructor: Professor Alicia Hinarejos
Language of Instruction: English
Description: This course will provide a comparative introduction to selected topics of economic regulation, or ways in which the State seeks to control or correct the market and the behaviour of economic actors. Topics will include an introduction to the general framework and role of competition law in the EU, the US, and Canada; efforts to create an internal market in the EU and Canada, the role of regulation in this context, and the legitimate level at which to regulate the market within multi-level systems; and the regulation of transnational enterprises.
Restrictions/Prerequisites: None.
Method of Evaluation: Mid-term essay (25%), Final essay (75%).

3  Hinarejos Fall  

Immigration and Refugee Law (PUB2 551)

Instructor: Professor François Crépeau
Language of Instruction: English
Description: The course is designed 1. To learn the main concepts of international immigration and refugee law. 2. To measure the diversity of the sources, to master the main legal instruments and to work with the doctrine related to immigration and refugee law, mostly in international law. 3. To understand the contemporary issues and challenges related to immigration and refugee law, including its relations to human rights law, at the heart of the profound transformations of the universal international law regime relating to mobility.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: 1) Thirty-five (35) points for a team presentation of the issues pertaining to one of the sessions. 22 teams will be formed and each team will have a presentation to make. Most teams will be formed of two students. 2) Sixty-five (65) points for a take-home exam. You will write a 2000-word exam on issues covered during the term. The exam aims at demonstrating your ability to establish links between issues and concepts and go beyond what the readings provided. The questions will be posted on MyCourses at the beginning of the exam session and you will have 48 hours to produce your answers once you obtain the questions.

3

Crépeau

Winter  

International Taxation (CMPL 539)

Instructor: TBA
Language of Instruction: English
Description: TBA
Restrictions/Prerequisites:
Format:
Method of Evaluation: Mid-term assignment (50%) and a take-home final exam (50%).

3 TBA Winter  

Judicial Review of Admin Action/Contentieux administratifs (PUB2 401)

Section 001 (Fall)

Instructor: Professor Evan Fox-Decent
Language of Instruction: English
Description: This is a public law courses that examines the theory and practice of judicial review of administrative action. Our focus is the law found in judicial decisions where courts review the legality of the administrative action. More specifically, we will consider caselaw regarding the legality of (a) the procedures used by administrative agencies, and (b) the substantive reasonableness and/or correctness of administrative decisions and the reasons offered for them. The jurisprudence we will discuss concerns the procedures and decisions of frontline decision makers in legal regimes as varied as labour law, immigration law, environmental law, municipal law, commercial licensing law, communications law, as well as banking and securities law. In theory, judges uphold the rule of law by ensuring that administrative actors respect the legal limits of their statutory mandates. In practice, judicial review of administrative action is highly controversial because it pits unelected judges against delegates of elected legislators. We will spend considerable time discussing the contested legitimacy of judicial review.
Restrictions/Prerequisites: None
Format: Lecture - regular participation is expected. One session each week is a lecture with active questioning. The other session each week is discussion within breakout groups followed by plenary discussion.
Method of Evaluation: Participation/Group Presentation (20%), Group Reflection (20%), 2.5 hour open-book final exam on a scheduled time slot (60%).

Section 003 (Winter)

Instructor: Me Michelle Kellam and Justice Alexander Pless 
Language of Instruction: Français
Description: Un juge peut-il ordonner au Gouvernement canadien de réclamer la clémence pour un citoyen canadien incarcéré et condamner à la peine de mort aux États-Unis? Le CRTC peut-il suspendre la licence d’une station radio parce que son roi des ondes émet des remarques diffamatoires? Le Barreau doit-il vous remettre la copie de votre examen d’admission si vous l’échouez? Ces situations relèvent tous du droit administratif. Ce cours porte sur la théorie et la pratique du contrôle judiciaire de l’action administrative. Cette théorie est au cœur même de notre système démocratique et du principe de la séparation des pouvoirs au Canada. Quant à la pratique, elle touche la quasi-totalité des domaines de droit substantif où l’action gouvernementale est présente. Alors que le droit constitutionnel concerne le processus d’élaboration des lois, le droit administratif concerne l’application de celles-ci.
Restrictions/Prerequisites: Aucun. Veuillez noter que Administrative Process/Processus administratif PUB2 400 (qui traite du droit interne aux organismes administratifs) et ce cours sont complémentaires, mais ni l’un, ni l’autre ne sont des prérequis. 
Format: Lecture
Method of Evaluation: Optional midterm (Take-Home); Final in-person exam. 

3 Fox-Decent
Kellam/Pless
Fall
Winter
 

Labour Law (LEEL 369) 

Instructor: Professor Adelle Blackett
Language of Instruction: English, with significant reading and class participation in French.
Description: This upper-year course provides a general introduction to Labour Law, focusing on collective bargaining and labour relations.  Its emphasis is on the Québec Labour Code, with frequent references to federal, Ontario and other provincial developments, and occasional reference to the United States.  Selected transnational sources have been incorporated into the reading materials, to reflect the multi-level governance of labour law in the contemporary global economy.
Restrictions/Prerequisites: This course is the companion course to Employment Law.  Ideally, Employment Law would be taken prior to Labour Law, but Employment Law is not a prerequisite for this course. An understanding of the administrative process and of judicial review of administrative action will also be helpful in Labour Law, but neither associated course is a prerequisite to Labour Law.
Format: Extensive class participation is encouraged.
Method of Evaluation:  25% Class participation and quizzes; 25% Case comment; 50% Final Examination (Take Home).

3 Blackett Winter  

Law and Health Care (LAWG 581)

Instructor: Professor Lara Khoury
Language of Instruction: English
Description: The course explores various points of intersection between law and health care. Students will examine legal dilemmas that arise at these points of convergence and the principles and institutions that have been developed to address them. Particular topics covered may include: access and delivery of health care services and the allocation of health care resources; the regulation of health care professionals; the law of consent and substituted consent; the law pertaining to minors and incapable adults; introductory notions of public health law; privacy issues arising in the medical context; legal and ethical questions related to biomedical research; patient safety; and end of life care. Students not registered in the Faculty of Law may take CMPL 642 with the permission of the instructor.
Restrictions/Prerequisites: None
Method of Evaluation: Flexible take-home exam and in-term assignment.
Notes: Please note you cannot take the course if you have already taken it as a Specialized Topic course.

3 Khoury Fall  

Law and Poverty (LEEL 582)

Instructor: TBA
Language of Instruction: English
Description: This course explores examines the ways in which the law variously maintains, alleviates, exacerbates, and rationalizes the continued existence of poverty and inequality in Canada and beyond. On one hand, the course invites students to articulate and challenge the ways in which legal rules disproportionately punish and marginalize poor people and their communities. On the other, it considers the possibilities for both the law and lawyers to play a greater role in struggles for economic and social justice — in particular through strategic litigation, law reform, and movement lawyering. Students will draw connections throughout the course across themes that include employment, administrative law, housing and tenancy law, health care, social assistance, migration, the criminal justice system, constitutional and Charter litigation. In addition to a rich body of appellate jurisprudence, students will be exposed to leading academic scholarship, submissions made before courts, international human rights sources, and expert perspectives.
Restrictions/Prerequisites: No, though JICP and JRAA are both strongly recommended.
Format: Seminar
Method of Evaluation: Participation and discussion leadership (20%); Course journal (20%); Peer review (5%) Final essay of approximately 4000 words (55%).

3

TBA

Winter  

Law and Practice of International Trade (CMPL 543)

Instructor: Professor Andrea Bjorklund
Language of Instruction: English
Description: This course will concentrate on the fundamental aspects of the law governing international economic relations between states in the global economy. The course will primarily focus on the World Trade Organization and the Agreements that states have undertaken by virtue of their membership in that body. We will analyze the principal obligations found in the WTO Agreements, with particular focus on trade in goods and services and on the dispute settlement processes states can invoke when they allege violations of the covered agreements. We will look briefly at the rise in the number of regional trade agreements and assess their interaction with the multilateral trading regime of the WTO. We will also study the intersection between WTO law and domestic law and become familiar with domestic trade law remedies. Special attention will be paid to the implications of the rise of new actors (such as China and India) in the global economy and current events.
Restrictions/Prerequisites: Public International Law (recommended).
Format: Lecture
Method of Evaluation: 35% Written assignment and 65% take‐home final exam.

3

Bjorklund

Fall  

Privacy Law (LAWG 561)

Instructor: Professor Ignacio Cofone
Language of Instruction: English
Description: Privacy problems exist in many dimensions of our daily lives, and the legal regulations that address those problems are increasingly relevant. This interactive seminar will provide an overview of the rapidly growing area of information privacy law with a focus on the digital environment. We will go through domestic and international regulations, case law, legislation, and recent public policy developments pertaining to the collection, storage, and dissemination of personal information. We will structure it along three kinds of relationships: among individuals, between individuals and companies, and between individuals and the State.
Restrictions/Prerequisites:
Format:
Method of Evaluation: 10% participation; 20% Take-Home; 70% Final paper.
Notes: Please note you cannot take the course if you have already taken it as a Specialized Topic course.

3 Cofone Fall  

Securities Regulation (BUS2 504)

Instructors: TBA
Language of Instruction: English
Description: After an introduction to the general structure of North America’s capital markets, this course will focus on the principal objectives and features of securities regulation in Canada, with appropriate references to other jurisdictions, principally the United States, when applicable or useful. Areas of particular attention will be the distribution of securities, mergers and acquisitions, continuous and timely disclosure, corporate governance and other obligations of public issuers and certain market participants, and enforcement in general. Generally, formal lectures on the week’s topic will be held on Wednesdays, with Friday sessions reserved for problem-solving seminars, where the group will discuss fact patterns and situations relating to the topic discussed in the week’s lecture. Participation in seminars is expected (see Method of Evaluation below).
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: Mid-Term Assignment (25% of final grade); Class Participation (10% of final grade); Final In-Person Exam (65% of final grade).

3 TBA Winter  

Tax Policy (PUB2 515)

Instructor: Professor Allison Christians
Language of Instruction: English
Description: This course examines the foundations of tax policy in Canada and around the world, with a focus on both classical and contemporary writing. The course will integrate a virtual colloquium with invited speakers who will present works in progress on current issues of national and international tax policy.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: Midterm Assignment 25%; Final Paper 75%.

3 Christians Fall  

The Administrative Process (PUB2 400)

Instructors: Professor Richard Janda
Language of Instruction: English
Description: TBA
Restrictions/Prerequisites:
Format: Lecture
Method of Evaluation: TBA

3

Janda

Winter

 

Elective Courses

Course Title and Number

Credits Instructors Term Lecture Recording

Advanced Criminal Law (PUB2 501)

Instructor: Professor Mugambi Jouet
Language of Instruction: English
Description: This course deepens the focus into criminal justice in Canada, America, Europe, and beyond. We will cover a host of questions in a multidisciplinary fashion, including technical elements of criminal law, litigation strategy, critical theory, history, criminology, as well as how literature addresses crime and punishment. Certain issues will arise recurrently in distinct contexts, such as institutional structures, systemic dynamics, socioeconomic inequality, race, ethnicity, indigeneity, gender, human rights, and dignity.
Restrictions/Prerequisites: Criminal Justice (or basic Criminal Law)
Format: Lecture. Attendance mandatory.
Method of Evaluation: Midterm in-person exam (45%), Paper (55%).

3 Jouet Winter  

Banking Law (BUS2 531)

Instructor: Adjunct Professor Marc Lemieux
Language of Instruction: English
Description: This course focuses on the forms of payment that banks and other source providers make available for use in Canada: cheques and bank drafts, letters of credit, credit, debit and prepaid cards, automated fund transfers (direct deposits and pre-authorized debits), electronic fund transfers and e-wallets.The main themes to be studied include: How is the payment industry regulated in Canada? How are bank accounts and other payment and collection accounts instrumental in payment transactions? What legal relationships, statutory duties and other liabilities arise in payment transactions? Recent developments and emerging issues are discussed in a practical and trans-systemic manner.
Restrictions/Prerequisites: Contracts and Torts.
Format: Interactive lectures, guest lecturers, in-class assignments and team presentations, and class discussions.
Method of Evaluation: A mid-term take-home assignment worth 33 1/3% and a take-home final exam worth 66 2/3%.

3

Lemieux

Fall  

Business Associations (BUS2 365)

Section 001 (Fall)

Instructor: Professor Darren Rosenblum
Language of Instruction: English (with some French readings)
Description: We will study the law of business associations with a focus on agency law, partnerships, and corporations, especially publicly traded corporations. While doing so, we will examine how the state regulates business entities, including the effects of both financial markets and political economy. This understanding of the firm will include transsystemic perspectives. The course will engage the law from the perspective of both the corporate actors and the lawyers who represent them. The course will also consider stakeholders’ interests including those of workers and underrepresented groups (including but not limited to differences across sex, race, gender and sexual identity, and Indigenous identity), as well as the environment. By the end of the course students should be able to demonstrate an understanding of the common and statutory law framework for corporate, partnership and agency law, and demonstrate an understanding of key substantive legal rules governing them.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: The evaluation for the course is based on 10% class participation, and two short take-home assignments each worth 10% of the final grade and a final, open-book exam worth 70%.
Bio: Professor Darren Rosenblum’s scholarship focuses on corporate governance, in particular on diversity initiatives and remedies for sex inequality. They are joining the Faculty of Law of McGill University as Full Professor in August 2021 from the Elisabeth Haub School of Law at Pace University. In 2018, they served as a Wainwright Senior Fellow, during which they taught a course on Sexuality, Gender and the Law. Professor Rosenblum clerked in the U.S. District Court of Puerto Rico (1996–1998), after which they practised international arbitration at Clifford Chance, and at Skadden (1998–2004). They have presented work on corporate board quotas in English, French, Spanish, and Portuguese. Notably, as a Fulbright Research Scholar in France, they performed a qualitative study on the French quota for women on corporate boards, which was presented at the French National Assembly in 2011.

Section 001 (Winter)

Instructor: Professor Peer Zumbansen
Language of Instruction: English
Description: The course requires no prerequisites or previous knowledge in “economics” or “business”. But, it will be helpful if students begin (or, continue) to pay attention to examples of corporate law that occur around them or surface in the news or in public debates. The course will study different types of business organizations, including partnerships, sole proprietorships, close corporations and publicly traded corporations, and – in addition – help students gain a working knowledge of some key principles in economic and financial thinking, which play an important role in the governance of corporations today. The course will cover the core doctrinal areas of the law of business associations while continuously engaging with the question of how best to “govern” the modern business corporation in light of theoretical and political contentions. Rather than studying corporate law in an abstract, analytical manner, the course will engage the law from the perspective of both the corporate ‘entrepreneur’ and lawyers representing the corporation’s as well as different company stakeholders’ interests including those of workers, women, members of the LGTBQ+ community, indigenous populations, and the environment. The course will furthermore allow students to study corporate law “in context” by studying the law of Quebec and the Canada Business Corporations Act, but also by including a transsystemic perspective on key corporate law insights from civil law jurisdictions such as France and Germany, as well as from the role played by the state of Delaware in shaping U.S. corporate law and from indigenous legal traditions.
Restrictions/Prerequisites: None
Format: Lecture with class discussions, group work and group presentations.
Method of Evaluation: The evaluation for the course is based on a final 3hr, open book exam worth 75% or 90% depending on whether students opt into writing a short research paper (which then counts for 15% of the final grade). The remaining 10% of the grade will be allocated to an in-class group presentation on a current topic in corporate law.
Bio: Professor Peer Zumbansen joined the Faculty of Law in January 2021, after spending 12 years at Osgoode Hall Law School in Toronto and 5 years at King’s College London. Zumbansen is the inaugural incumbent of the Professorship in Business Law at McGill, envisioned to provide a platform for collaboration and research that connects the academy and business practitioners. An internationally renowned scholar and teacher of private law with a focus on contract law, corporate governance, and transnational law, Zumbansen is the recipient of two teaching awards (by the province of Ontario and King’s College) and has held visiting professorships at Yale Law School, Melbourne, Paris Dauphine, UCD Dublin, FGV Sao Paolo and others.

4 Rosenblum
Zumbansen
Fall
Winter
 

Canadian Legal History (CMPL 547)

Instructor: Professor Tina Piper
Language of Instruction: English
Description: This course introduces students to reading, writing and researching Canadian legal history. Canadian legal historiography will be introduced through the following specialized topics including: writing Canadian legal history; industrialization and the birth of the administrative state (principally workplace accidents); legal professionalization (education, self-governance, work and culture); crime and public disorder (penal law on the books, penal law in action, state law enforcement and punishment); and women’s legal history. This survey of the history of Canadian law emphasizes the cultural history of law and the legal history of Canadian society. Students will then write a paper that will require them to conduct historical research using primary sources available online. A component of the assessed work in the course will include a peer review session of student papers and a presentation on the readings (subject to change).
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: 20% presentation + peer review (both pass/fail); 80% paper.

3

Piper

Fall  

Civil Litigation Workshop (PROC 459)

Instructor: TBA
Language of Instruction: English & French
Description: The course is designed to provide both the technical and practical tools necessary for the advocate in civil litigation including the techniques applicable in discovery, production of exhibits, the examination of expert and ordinary witnesses, legal argument and trial tactics, culminating in a day‐long simulated trial.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Class Participation: 40%; Final Trial Performance: 60%.

3 Woods / Dobrota Fall  

Commercial Law (LAWG 200)

Instructor: Justice Jeffrey Edwards & Me Keith Serry
Language of Instruction: English
Description: Introduction to the contract of sale in the Civil Law and the Common Law traditions, consumer law and in international law; nature and scope of the contract of sale; conditions of formation; obligations of the seller, including delivery, quality, title; obligations of the buyer; transfer of title; manufacturer’s liability. Reference also to be made to American sale law (Uniform Commercial Code) and American product liability law and relevant European directives in these areas.
Restrictions/Prerequisites:
Format: Lecture
Method of Evaluation: Final assessment: In-person sit-down exam on a fixed date.

3 Edwards/Serry Winter  

Comparative Federalism (PUB2 503)

Instructor: Professor Johanne Poirier
Language of Instruction: English
Description: This course is aimed at deciphering the many forms which the “federal phenomenon” may take, as well as at decoding how federalism affects policy-making. First, a brief introduction will canvass the origins of “the federal idea”, its normative underpinnings and some of the reasons which lead public actors to opt for federal solutions. Secondly, through a largely institutional approach, we will seek to develop – together – a sort of “conceptual vocabulary” of federal institutions and techniques, which can be then recognised/analysed/criticised/altered/modified etc. in a number of settings. This will allow us to distinguish various dimensions of federal systems (including, mostly federal states). We will thus explore mono-national vs plurinational federalism; dualist vs cooperative federalism; federalism through integration vs. dissociation etc. Thirdly, we will address how specific institutional arrangements, particularly intergovernmental relations, affect policy development and delivery in federal systems. Specific topics may include immigration; health care, and how federalism affects responses to the Covid-19 pandemic.
Restrictions/Prerequisites: Constitutional Law
Format: Highly Interactive Seminar. To create a dynamic, there will be discussion groups, group projects, readings presentations, discussion with guest lecturers etc.  We may organize a “day of conference” – depending on final course scheduling – where all students/teams present their work.
Method of Evaluation: 1. Class participation, included some class presentation of readings etc (15 %); 2. Team Project: Analysis and discussion in class of a specific federal regime, based on a common template (25%); 3. Two blog entries commenting on readings and/or guest lectures/ or book review ( I.CONnect model - 1200 – 1800 words in English; 1350 – 2000 in French- 30 % each for a total of 60 %).

3

Poirier

Fall  

Corporate Finance (BUS2 505)

Instructor: Me Marc Barbeau
Language of Instruction: English
Description: This course aims to introduce students to the relationships between firms and the principal participants in their financial capital structure. Corporations raise capital essentially in one of two ways: they either borrow money or issue debt obligations (debt) or issue shares (equity). These forms of financing create rights, obligations and expectations. In this course, we will carefully examine related considerations. A table of materials will be made available providing required and discretionary readings.
Restrictions/Prerequisites: This course presupposes an understanding of the nature and governance of corporations. As such, Business Associations (or its equivalent) is a requirement, although derogations have been agreed to on a case-by-case basis.
Format
Method of Evaluation: (i) a 75% take home final exam during the term’s final exam period to be completed within six hours of having been accessed by the student (3000 words limit in English); and (ii) a 25% mid-term assignment during a one-week mid-term period (to be confirmed) to be completed within six hours of having been accessed by the student (1000 words limit in English); the mid term can be completed in a team.

3 Barbeau

Fall

 

Corporate Taxation (PUB2 517)

Instructor: TBA
Language of Instruction: English
Description: This course provides an in-depth examination of income taxation of corporations and their shareholders. It covers tax aspects of every stage of a corporation’s life cycle, including formation, capitalization and operation of a corporation; distribution of corporate profits; sale and purchase of a business; corporate combinations; liquidations and wind-ups. If time permits, the course will also include a brief overview of tax-deferred divisive reorganizations and utilization of corporate losses.
Restrictions/Prerequisites:
Format
Method of Evaluation: The mode of evaluation for this course is: (i) A 70% take home final exam, to be available during the term’s final exam period and to be completed within twenty-four (24) hours of having been accessed by the student; and (ii) a 30% mid-term assignment, to be available during a one-week mid-term period to be confirmed and to be completed in teams within 24 hours of having been accessed by any member of the team. The assignment submission formalities will be worked out with the SAO. Each student must work on the exam or assignment independently. Any student who is unsure what this means is strongly encouraged to consult the Faculty regulations.

3 TBA Winter  

Death and Property (LAWG 504)

Instructor: Me Micheal McAuley
Language of Instruction: English
Description: This course invites students to consider law’s engagement with our decisions about how we plan for the transfer of our property on our death. Are we able to plan with confidence? An exploration, from a transsystemic perspective, of techniques to secure the orderly transmission of property on death. Topics covered include: wills and other testamentary paper; testamentary intention and interpretation; judicial review of defective or inadequate testamentary paper; intestacy; donations in contemplation of death; promises and expectations of inheritance; forced heirship and other statutory schemes; administration of decedents’ property; and family and matrimonial entitlements and claims.
Restrictions/Prerequisites: Property
Format:
Method of Evaluation: (1) two in-term assignments (each worth 20% of final grade); and (2) final sit-down examination on a fixed date during the examination period (open book) (worth 60% of final grade).

3 McAuley Winter  

Droit de la famille (LAWG 273)

Instructor: TBA
Language of Instruction: Français 
Description: Ce cours offre une introduction au droit de la famille en common law et en droit civil. Il permettra aux étudiant·es d’acquérir une connaissance approfondie des institutions composant le droit de la famille, autant dans leurs technicités que dans les principes qui guident leur articulation et leur évolution. En ce sens, l’étudiant·e se familiarisera avec le fonctionnement de ces institutions, leurs fondements et les débats entourant leur réforme. Une telle compréhension du droit de la famille, de ses enjeux et de son architecture sera un atout pour l’étudiant·e qui souhaite plaider devant les tribunaux, participer à l’évolution législative et, plus largement, développer une opinion éclairée sur le sujet.
Restrictions/Prerequisites:
Method of Evaluation: Rédaction d'un mémoire d'appel (30%), Examen final (70%).

3 Lessard Fall  

European Union Law 1 (CMPL 536)

Instructor: Professor Alicia Hinarejos
Language of Instruction: English
Description: This is a course about the European Union, a unique constitutional order and continuously evolving experiment in regional integration. The European Union has the capacity to generate law, in the form of both legislation and case law. EU Law is studied not only because these rules have both a direct and indirect impact of importance on the lives of individuals and businesses in the Member States and beyond, but also because it raises interesting constitutional issues about the organisation of a new and dynamic legal order.
Restrictions/Prerequisites: None (Public International Law recommended).
Method of Evaluation: Mid-term essay (25%), Final essay (75%).

3 Hinarejos Fall  

Evidence (Criminal Matters) (LAWG 426)

Instructor: Professor Alana Klein
Language of Instruction: English
Description: This course will provide students with an introduction to the Canadian law of evidence in criminal matters, including basic concepts such as relevance and admissibility, exclusionary rules based on unreliability of evidence, prejudicial effects, and policy rationales, as well as other aspects of proof (subject to change).
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: TBA

3 Klein Fall  

Family Property Law (LAWG 300)

Instructor: Professor Robert Leckey
Language of Instruction: English
Description: Administration of and entitlement to wealth in conjugal and other close personal relationships, in chiefly the common law and civil law. Management and distribution of family resources through matrimonial regimes, marriage and domestic contracts, household mandates, common law trusts and equitable remedies, legislative division of family assets, liberalities, social practice. The course will combine analysis of legislative and judicial policy with close reading of legislation and judgments.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: The final assignment is a short memo to be submitted by early December.

3 Leckey Fall  

Intellectual and Industrial Property (BUS2 502)

Instructor: Professor Richard Gold
Language of Instruction: English
Description: Intellectual property (IP) law provides a means through which to analyze the ways in which legal systems and markets seek to regulate aspects of innovation and creativity. Taking both a transsystemic and interdisciplinary approach, this course will investigate not only IP legislation, but how common law and civil law systems interpret those laws, the politics around IP, especially at the international level, the history of different IP regimes, and other aspects of innovation and creativity. The course will cover patent, copyright and trademark law but will also briefly touch on trade secrets, genetic resources, and traditional knowledge. As patent law will provide a central focus in this course, students ought to be generally familiar with basic biology, genetics and information & communications technologies.
Restrictions/Prerequisites: none
Format: A mixed format of asynchronous videos and synchronous tutorials/application of IP to fact patterns.
Method of Evaluation: Individual or group project, 40%; Final exam 60%.

3 Gold Fall  

International Environmental Law & Politics (CMPL 546)

Instructor: Professor Jay Ellis
Language of Instruction: English
Description: This course addresses responses by legal systems, primarily public international law, to environmental degradation that transcends state borders. We will follow the trajectory of international environmental law’s development from an essentially private law form focused on sovereignty, territorial integrity, and state responsibility to a public law form featuring general principles such as precaution and common but differentiated obligations as well as complex administrative regimes such as the climate regime complex. We will also analyse interactions between IEL and other bodies of international law such as trade law. Structures and processes for the integration of scientific knowledge into IEL, such as the Intergovernmental Panel on Climate Change, will be examined. The growing influence of non-state actors as regulatory bodies (such as certification organisations) as litigants (notably in a growing wave of climate litigation) and as sources of influence and pressure (the more classic roles of civil society organisations) will be considered.
Restrictions/Prerequisites: Public International Law
Format: Lecture
Method of Evaluation: Assignment and take-home examination.

3 Ellis Winter  

Jurisprudence (CMPL 501)

Instructor: Professor Evan Fox-Decent
Language of Instruction: English
Description: This is a course about the purpose, nature and legitimacy of law.  The course’s method will be to read closely and discuss critically Hobbes’s Leviathan.  Hobbes is regarded as the greatest English-language political and legal philosopher of all time.  Leviathan is his masterpiece. The arguments and ideas contained within Leviathan still resonate through disciplines such as law, philosophy, political science and economics. Over the term we will focus on Hobbes’s discussion of law and the state.  More specifically, we will explore Hobbes’s views on the nature of authority, liberty, the duty to obey the law, the role of the judge, the role of legal institutions and legal principles within legal order, and the limits (if any) on the sovereign’s authority to announce and enforce law.
Restrictions/Prerequisites: None
Format: Seminar - participation is expected. There will be regular discussion within breakout groups followed by plenary discussion.
Method of Evaluation: Ethics Lab (20%), Group Presentation (10%), Group Reflection (20%), 2.5 hour open-book final exam on a scheduled time slot (50%).

3 Fox-Decent Winter  

Law Innovation (LAWG 560)

Instructor: Professor Richard Gold
Language of Instruction: English
Description: The rhetoric around innovation is everywhere. Despite its ubiquity, what it is and what it means varies by audience; its relevance to economic growth and income disparity remains controversial; its history and place in society is too often underanalysed. This course provides an introduction to the concept of Innovation, its role in the economy, the institutions that foster or hinder it, the laws that promote or undermine it and its historical, psychological and social context. Students will explore the complexity of the subject and its connections with law, the economy, history, sciences and technology and government and firm policies. In addition, through assignments, students will deploy and extend their knowledge through the exploration of case studies. This course is aimed exclusively at Law students and will be taught simultaneously with Innovation for Non-Law Students. The course does not specifically address innovation in the legal field.
Restrictions/Prerequisites: None
Format: A mixed format of asynchronous videos and synchronous tutorials/discussions.
Method of Evaluation: Individual or group project: 40%; Final exam: 60%.
Section: LAWG 560 is for law students; LAWG 570 is for non-law students.

3 Gold Fall  

Legal Theory (CMPL 506)

Instructor: Professor Mark Antaki
Language of Instruction: English
Description: Most law courses, including legal theory courses, tend to be survey courses in which students read excerpts of various texts but do not get the chance to engage carefully with one long text in its entirety. This focused seminar aims to complement other law courses by providing students a privileged space to engage in a close reading of one of the key texts in the history of Western thought: Plato’s Republic. By way of the question of justice, the Republic asks after the proper constitution of the human soul and of polities. In so asking, it inquires into the role of what we call education, art, and the family in a well-constituted polity. What is more, engaging with the Republic is a, perhaps surprisingly, eminently trans-systemic or integrated endeavour. Among other things, the question of translation from – and into – the Greek, the dialogic form of the work, and the ways in which the Republic raises the question of what it is to theorize, make it a text that speaks directly and profoundly to the concerns of our trans-systemic or integrated programme. I welcome the diversity of student backgrounds we are likely to have in the classroom. No background in philosophy is necessary.
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: Multiple assignments, likely to include non-research short final paper

3 Antaki Winter  

Preuve civile (LAWG 415)

Instructor: TBA
Language of Instruction: Français
Description: L’objectif du cours est de permettre aux étudiants d’acquérir une solide compréhension des principes qui gouvernent le droit de la preuve dans les matières civiles au Québec et dans les juridictions canadiennes de common law, de situer ceux-ci dans un contexte plus large en ayant recours au besoin à des sources étrangères, et de permettre aux étudiants de développer une réflexion critique à l’égard du fondement et de la nécessité des règles en place. Il aborde notamment le rôle du tribunal dans l’administration de la preuve, les règles relatives à la charge de la preuve, les règles propres aux divers moyens de preuve (écrit, témoignage, aveu, présomption, présentation d’éléments matériels), et les principes applicables à la connaissance d’office du tribunal. Il aborde également l’interdiction du ouï-dire et les règles spécifiques applicables à la preuve des actes juridiques, de même que plusieurs règles d’irrecevabilité de la preuve, incluant le secret professionnel et divers privilèges reconnus par le droit de la preuve.
Restrictions/Prerequisites:
Format:
Method of Evaluation: Deux quiz en ligne (10%). Examen « take-home » optionnel (30%) : Un examen « take home » optionnel de 48 heures 4 heures sur les sujets couverts dans les six premiers cours comptera pour 30% de la note globale du cours. Examen final (60% ou 90%) : Un examen final portant sur la totalité de la matière dont le résultat comptera pour 60 % de la note pour les étudiants ayant effectué l’examen take-home, et 90 % de la note pour les autres étudiants.

3 TBA Winter  

Private International Law/Droit international privé (LAWG 316)

Section 003 (Fall)

Instructor: Professeure Geneviève Saumier
Language of Instruction: Français
Description: Ce cours examine les dimensions transfrontalières des relations juridiques privées. Utilisant comme exemple le droit des obligations, trois questions seront abordées : (i) quel tribunal est compétent pour entendre un litige à dimension internationale? (ii) quelle loi s’applique pour régler le litige? et (iii) le jugement rendu aura-t-il un effet à l’étranger? Les solutions théoriques et concrètes à ces questions seront examinées, dans le contexte national et international.
Restrictions/Prerequisites: JICP/Droit judiciaire recommandé
Format: Lecture 
Method of Evaluation: Deux travaux pratiques durant le semestre (40%) et un examen final à livre-ouvert (60%).

Section 001 (Winter)

Instructor: Professor Catherine Walsh
Language of Instruction: English
Description: This course is concerned with multi-jurisdictional private law relationships and disputes with a focus on contractual and extra-contractual obligations. We will inquire into how court jurisdiction is established, what law governs transborder legal relationships and disputes, and the effect of court judgments across borders. Sources will focus on the law of Canadian provinces but comparative (e.g. European, American) and international sources will also be examined
Restrictions/Prerequisites: Judicial Institutions and Civil Procedure recommended.
Format: Lecture and in-class discussion.
Method of Evaluation: 60% final scheduled take-home exam with a set duration using ExamSoft and 40% in‐term assessment.

3

Saumier
Walsh

Fall
Winter

 

 

Procédure pénale (PUB2 422)

Instructor: TBA
Language of Instruction: Français 
Description: Ce cours explorera avec une perspective critique les diverses facettes du processus pénal, incluant l’enquête policière, l’arrestation, la remise en liberté, la divulgation de la preuve et le procès lui-même. L’impact de la Charte canadienne des droits et libertés sur le déroulement de ce processus sera un thème récurrent de ce cours, tout comme l’impact de facteurs socio-politiques sur le développement des règles en place.
Restrictions/Prerequisites: Criminal Law
Format: Lecture
Method of Evaluation: Participation 20% / fixed date take-home 80%.

3 Bien-Aimé Fall  

Resolution of International Disputes (CMPL 533)

Instructor: Professor Fabien Gélinas
Language of Instruction: English
Description: This seminar deals with current methods of resolving international disputes, with an emphasis on international commercial arbitration. Legal aspects of “Alternative” Dispute Resolution (ADR) mechanisms will be touched upon. The phenomenon of transnational law, substantive and procedural, will be scrutinized. The course will also introduce dispute resolution between states and private parties.
Restrictions/Prerequisites:Private International law, Public International Law and Judicial Institutions and Civil Procedure are an asset.
Format: Seminar format; high level of participation expected.
Method of Evaluation: Undergraduate programme – final research paper (75%); class participation (15%), paper proposal as presented (10%). Graduate programme – Graduate law students may be made responsible for the animation of class discussions based on some of the assigned readings and guest lectures. 40% of the grade will be based on class participation, including presentation to class. For the remaining 60% of the grade, students may take a final oral examination or submit a final paper of approximately 30 pages.

3 Gélinas Fall  

Responsabilité médicale (CMPL 522)

Instructor: Professeure Lara Khoury
Language of Instruction: Français
Description: Étude de droit comparé et transsystémique du droit de la responsabilité médicale, incluant les thèmes suivants: l’interaction droit-science; la relation entre le patient et le médecin; responsabilité et discipline; les devoirs des médecins; la faute médicale; la causalité médicale et scientifique; le « bébé préjudice » et le préjudice prénatal; le consentement aux soins et le refus de traitement; l’accès aux services et manque de ressources; les infections nosocomiales; et les fonds d’indemnisation.
Restrictions/Prerequisites: Aucun
Format:
Method of Evaluation: Travail de session et examen de type “take-home” (24 h) à date fixe.

3 Khoury Fall  

Sentencing in Canadian Law (PUB2 504)

Instructor: TBA
Language of Instruction: English
Description: This course aims to introduce students to the law, theory, policy and practice of sentencing in Canada with some comparative perspectives. It will provide students with an introduction to the general objectives, foundations and principles of sentencing in Canada, and examine sentencing within a broader socio-legal context.
Topics will include the various types of punishment provided for in the Criminal Code, theories of punishment, mandatory minimum sentences of imprisonment and constitutional considerations, procedure and evidence on sentencing, how judges craft a sentence, the scope of judicial discretion, victim participation in sentencing, plea-bargaining, alternatives to imprisonment, collateral consequences to a sentence, the impact of sentencing on racialized and indigenous offenders as well as on those with addiction and mental health disorders, how defence lawyers and prosecutors approach the sentencing stage, common suggestions on sentencing by the prosecution and the defence, and appeals on sentence. Students will also participate in a mock sentencing negotiation. An interactive class environment will be privileged.
Restrictions/Prerequisites:
Format
Method of Evaluation: Mid-term quiz (20%), Class group presentation (35%), Reflection piece (written) (35%), Class participation (10%).

3 Israel Fall  

Specialized Topics in Law 6 (LAWG 516) - Transnational Law: Case Studies (Fall)

Instructor: Professor Peer Zumbansen
Language of Instruction: English
Description: Transnational Law does not cover one particular area or specific field of law as such. Instead, it encompasses different substantive and procedural strategies to address the emergence and persistence of regulation problems that arise out of border-crossing human, corporate and state activity. By focusing on contemporary case studies in human rights, corporate, labor, contract, investment, anti-slavery and ‘disaster’ law, we will step into the shoes of a practicing attorney, legal activist, NGO expert or policy maker who is tasked with identifying and conceptualizing a suitable legal response. As the body of transnational law is comprised of varying combinations of existing domestic and international law, including “hard” and “soft” law, the transnational lawyer must negotiate different interests and navigate competing norms while being sensitive to the particular context and existing power dynamics.
Restrictions/Prerequisites: There are no prerequisites for this course. But a basic interest in issues of international and comparative law as well as postcolonialism and legal pluralism will be helpful.
Format: Seminar
Method of Evaluation: The assessment in this course will be based on an in-class presentation worth 15%, a 600 word reaction paper worth 15%, and a final paper of 4,000 words, worth 70%.

Specialized Topics in Law 6 (LAWG 516) - Mediation (Winter)

Instructor: TBA
Language of Instruction: English
Description: Through experiential learning in class and readings, the course explores how different models of intervention in conflict dynamics can influence and impact outcomes, as well as identity, relations, and culture.  Students will develop tools for understanding and analysing conflict dynamics, and for strategically intervening in conflict situations.  Students will also build competence in negotiation and mediation. The course takes into account cultural differences and power imbalances, and addresses the role of lawyers and lawyers in participatory justice.  
Restrictions/Prerequisites: If you have taken Focus Week Workshop: Negotiation and mediation in pervious terms, then you cannot register for this course as there is overlap between the two courses.
Method of Evaluation: Attendance is obligatory. Journal (10%); Case Study Exercise (10%); Paper (80%).

3 Zumbansen
TBA
Fall
Winter

 

Specialized Topics in Law 7 (LAWG 517) - Corporate Governance (Fall)

Instructor: Professor Darren Rosenblum
Language of Instruction: English
Description: We will study the law of corporate governance with a focus on several key debates. These debates include shareholder or stakeholder theory, shareholder democracy, and especially diversity in corporate governance. Within our discussion of diversity, we will consider several underrepresented groups, including but not limited to differences across sex, race, gender and sexual identity, and Indigenous identity. We will consider both voluntary and mandated diversity measures in Canada, the United States, Europe and elsewhere. Our examination will incorporate a perspective on how social science has influenced regulation.
Restrictions/Prerequisites: No prerequisite but a preference for studying Business Associations either in advance or in tandem with the course.
Format
Method of Evaluation: The evaluation for the course is based on 30% class participation, including 20% for preparing and leading a class discussion and 10% for general participation, and a final, open-book exam worth 70%.
Bio: Professor Darren Rosenblum’s scholarship focuses on corporate governance, in particular on diversity initiatives and remedies for sex inequality. They are joining the Faculty of Law of McGill University as Full Professor in August 2021 from the Elisabeth Haub School of Law at Pace University. In 2018, they served as a Wainwright Senior Fellow, during which they taught a course on Sexuality, Gender and the Law. Professor Rosenblum clerked in the U.S. District Court of Puerto Rico (1996–1998), after which they practised international arbitration at Clifford Chance, and at Skadden (1998–2004). They have presented work on corporate board quotas in English, French, Spanish, and Portuguese. Notably, as a Fulbright Research Scholar in France, they performed a qualitative study on the French quota for women on corporate boards, which was presented at the French National Assembly in 2011.

Specialized Topics in Law 7 (LAWG 517) - Islamic law (Winter)

Instructor: Professor Omar Farahat
Language of Instruction: English
Description: This course offers an introduction to Islamic law that focuses on the main institutional and moral aspects of the shari'a as a historical phenomenon. We will cover four fundamental areas in the study of Islamic law, each corresponding to one part of the course. In the first part, we will study the early formation of Islamic law and discuss how the emergence and spread of the message of Islam in the context of the early medieval Near East evolved into a set of legal traditions, practices, and institutions. The second part involves a synchronic study of key concepts, structures, disciplines and intellectual traditions that allowed Islamic law to flourish as the primary system of governance in the Muslim world. In the third part of the course we will analyze some key substantive areas of the law, such as criminal law, family law, laws of war, and commercial transactions. In the final part, we will study the ruptures and transformations that were brought forth by modernization and the rise of the nation-state.
Format: Seminar
Method of Evaluation: Participation/ presentation (30%); online posts (30%); final paper (40%).

3 Rosenblum
Farahat
Fall
Winter
 

Specialized Topics in Law 8 (LAWG 518) - Internet Governance and Human Rights (Winter)

Instructor: TBA
Language of Instruction: English
Description: The emergence of the Internet is a turning point in human history. However, being originally conceived as a tool for communication between scientists worldwide, the Internet rapidly has turned into its own virtual world living by its own laws and rules of the game, and its own original interpretation of the concept of human rights. Moreover, development of the Internet changes the essence of the human rights policy, as well as realization of the human rights and freedoms in constitutional law.
The course will be covered by topics on Internet governance and human rights in international law, evolution of the national human rights law in context of the information society and development of the Internet, the right of access to information as a fundamental constitutional right in information society, proper Internet governance as a guarantee of the human rights and freedoms, and international experience of Internet use in implementation of human rights. Special part will consider issues of realization of specific human rights and freedoms.
In completing the course, students will understand the regulatory framework of the Internet, be able to find legal problems in the implementation of human rights and freedoms on the Internet, and learn how to use online sources to justify its position on the issue under consideration.
Restrictions/Prerequisites:
Format:
Method of Evaluation: Policy brief (20%), Group blog and presentations (20%), Policy paper (40%), Class participation (20%).

3 TBA Winter  

Specialized Topics in Law 9 (LAWG 519) - 21st Century Legal Profession (Fall)

Instructor: TBA
Language of Instruction: English
Description: The 21st Century Legal Profession: This course will introduce students to some of the tensions and challenges facing lawyers, educators, and the regulators of the legal profession as we grapple with rapidly changing client expectations. Among the issues we will address as we consider the role of the legal profession and who it comprises are the changing nature of professional services, innovation in legal service delivery, the emergence of new competitors to the profession, the shortcomings in serving legal needs today, and the effectiveness of professional conduct rules in helping meet legal needs.
Restrictions/Prerequisites: None but LAWG 210 recommended
Format
Method of Evaluation: Presentations (2, 35% and 15%, respectively, of the total final mark) and a final paper (50% of the final mark).

Specialized Topics in Law 9 (LAWG 519) - Criminal Trial Advocacy (Winter)

Instructor: TBA
Language of Instruction: English 
Description: Criminal Trial Advocacy has been designed to help students develop skills that will be of assistance in the practice of criminal law, be it in defence or with a prosecutors’ office. At the same time, the skills learned would be of assistance to any future litigator, be it in criminal law or not. Specific subjects include direct and cross-examination, opening and closing arguments, best practices, ethics and the preparation of a criminal trial.
Restrictions/Prerequisites
Format
Method of Evaluation: Participation (10%), In-term assignment(s) (30%), End-of-term assignment(s) (60%).

3

Headon
TBA

Fall
Winter

 

 

Specialized Topics in Law 10 (LAWG 520) - Personal Injury Law (Fall)

Instructor: TBA
Language of Instruction: English
Description: The aim of the course will be to expose students to the practical, legal and conceptual principles of Personal Injury Law. In this regard the course will offer students insight into the legal framework of this area of the law. The course will explore the practical implications confronting practitioners in terms of dealing with clients, opposing lawyers and the judiciary. Subject matter will go into detail in the areas of Personal Injury Law involving fault and causation, as well as the assessment of damages. Various types of personal injury cases will be analyzed involving medical malpractise, sporting injuries, sexual abuse, defamation and psychological damages, injuries involving children and death cases.
Restrictions/Prerequisites: Obligations/Torts
Format
Method of Evaluation: Participation (15%), Mid-term take home paper (20%), Final exam (65%).

Specialized Topics in Law 10 (LAWG 520) - TBA (Winter)

Instructor: TBA
Language of Instruction: English
Description: TBA
Format: Seminar
Method of Evaluation: TBA

3 Wechsler
TBA
Fall
Winter
 

Specialized Topics in Law 11 (LAWG 530) - Anatomy of a Murder Trial (Fall)

Instructor: Justice Carol Cohen
Language of Instruction: English (although some presentations by students and guests will be in French only). There will be guest speakers, including lawyers and other judges.
Description: This course will cover jury trials as seen through the eyes of a Superior Court judge, using murder trials as a backdrop, and will include the following topics: getting to a jury trial, murder trials in Superior Court, judicial interim release and other pre-trial matters, jury selection, the voir dire (before and during trial), questions of procedure and trial process, hearsay and other evidentiary issues, appeals from jury trials.
Restrictions/Prerequisites: All students registering for this seminar course must have successfully completed the basic course in Criminal law. Criminal Procedure and Criminal Evidence are strongly recommended. No more than 20 students will be accepted into the seminar.
Format: Seminar
Method of Evaluation: 10% for class participation, 50% for a paper dealing with one of the topics covered in class (including in-depth research) and 40% for a verbal presentation of each student’s position paper during the final weeks of the course.
Bio: Madam Justice Carol Cohen was appointed to the Quebec Superior Court in 1997. She sits in all divisions of the Court and also sits ad hoc at the Quebec Court of Appeal. Justice Cohen is an adjunct professor at McGill’s Faculty of Law, and created a prize at the Faculty in Ethical Advocacy. She is judicial representative on the Comité consultatif of the Laboratoire de sciences judiciaires et de médecine légale and is actively involved with numerous legal and judicial organizations, including the International Association of Women Judges, the Lord Reading Law Society and the Canadian Superior Court Judges Association. Madam Justice Cohen was called to the Quebec Bar in 1983, and practiced at the law firm Chait Amyot (now de Grandpré Chait), becoming a partner in 1989.

3 Cohen Fall  

Specialized Topics in Law 12 (LAWG 531) - Sports Law 

Instructor: TBA
Language of Instruction: English
Description: This course is an introduction to sports law. The following themes will be discussed and presented during the course. Generally, the course presents the legal issues in both amateur (or Olympic sports) and professional sports such as: 1. Sport systems (/Olympic Movement, pro sports systems) 2. ADR in sport (national and international ADR in sport) 3. Doping in sports (WADA and National Anti-Doping Programs,) 4. Liability and Violence in sports 5. Commercial issues in amateur and Pro sports 6. Legal issues in major sporting events (sports issues, risk management, marketing issues, and other commercial issues) (Legal issues at Olympic Games) 7. Professional Sports CBA and SPC in Pro Sports (Collective Bargaining Agreement and Standard Players Contracts for professional players)-Agents and professional and amateur athletes 8. Corruption in sports 9. Sports law in Canada and Careers in sport law This introductory sport law course will consist of lectures by TBA and invited guests, simulation exercises (arbitration simulation), intensive class discussion and debate, business cases in sports law. Students will be invited to participate in sports law debates presented by guest speakers. The student will gain a good overview and understanding of the sports law issues on a national and international scale along with a new body of knowledge of specific sports related issues and topics. The course is practical, dynamic and diversified, but hard work will be required to obtain the maximum benefit of it.
Format: Seminar
Method of Evaluation: Final exam (75%). Take home final exam, duration 3 hours. Mandatory participation (25%) Preparatory research, preparation for debates/discussions and questions for speakers, in-class assignments, active participation in class, unannounced in-class tests, mandatory attendance, sport arbitration or negotiation business case and simulation.

Specialized Topics in Law 12 (LAWG 531) - Arbitration and the Courts (Winter)

Instructor: Professor Andrea Bjorklund
Language of Instruction: English
Description: While international arbitration is described idealistically as an a-national means of adjudication free from the control of municipal governments, in practice arbitration frequently intersects with national courts. When do these intersections come about, and why?  How is this interface regulated by international treaties, by international practice, and by municipal laws themselves?  Is the relationship one of complementarity, one of competition, or a bit of both?  When and why might arbitrations intersect with supra-national courts, such as the Court of Justice of the European Communities, and with the E.U. legal order more generally?  Where does the investment “court” outlined in the Canada-E.U. Comprehensive Economic and Trade Agreement (and proposed for inclusion in other E.U. treaties) fit in?  Where would a multilateral investment court (MIC) fit in?
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: Assessment will be based on several short assignments (reaction papers of 800 words or less, in response to the readings) during the term, along with class participation, including acting as discussion leader for one class period.

3

Girardin
Bjorklund

Fall
Winter

 

 

Specialized Topics in Law 13 (LAWG 532) - The Anthropology of Law (Fall)

Instructor: Professor David Howes
Language of Instruction: English
Description: This course has four goals. The first is to introduce students to the key issues, concepts and methods of the anthropology of law as a distinct field of research by surveying a series of influential approaches to the comparative and ethnographic study of legal systems. Issues include witchcraft accusations, the use of oracles to establish legal facts, and how social order is possible in the absence of literacy and bureaucracy. The second is to examine how, in many parts of the world, legal systems are “pluralizing”. Topics include the cultural defense (“my culture made me do it”), the anthropologist as expert witness, living in “extralegality” (the “law” of shantytowns), and the “reasonable accommodation” crisis in Quebec. The third is to broach the cultural analysis of law. Issues include the cultural determinants of legal reasoning in the civil and common law traditions, and the relationship between cultures and constitutions. The fourth is to trouble the legal category of the person: Are rivers or mountains persons? What of animals? Are corporations (really) persons? In some cultures they are. Some lectures will be augmented by films.
Restrictions/Prerequisites:
Format:
Method of Evaluation: The evaluation scheme includes: participation (15%); one or two short (2-3 page, double-spaced) reflection pieces (30%); a brief, conference-style oral presentation (most likely via zoom) on a topic of the student’s choice (25%); and, a final term paper (8-10 pages, double-spaced) which builds on the in-class presentation (30%).

3

Howes

Fall  

Specialized Topics in Law 14 (LAWG 533) - Negotiation and Mediation: Roots, Skills, Legal and Ethical Standards (Fall)

Instructor: Me Catherine Rousseau-Saine
Language of Instruction: English and French
Description: This is a highly interactive skills-based course introducing the principles of negotiation and mediation. Negotiation is an integral part of a lawyer’s day-to-day practice and is a fundamental skill to develop and practice. Through role-play exercises, simulations case studies and self-diagnostic tools, students will have the opportunity to practice the skills required to become an effective negotiator, including in a mediation setting. This course will welcome guest speakers from time to time, including the Honorable Louise Otis.
As a result of taking this course, students will:

  • Become familiar with different negotiation and mediation approaches
  • Acquire a systematic framework to effectively prepare for and conduct a negotiation and a mediation
  • Learn techniques for maximizing value in negotiations and mediations, including how to recognize and respond to different negotiation styles and technique
  • Gain skills in handling complex negotiations and mediations at the national and international levels, including how to deal with difficult negotiators and unsettling tactics
  • Understand legal implications of using negotiation and mediation in the context of national and international disputes

Restrictions/Prerequisites: None
Format: Seminar
Lecture Recording: Upon request - Students must attend each class and participate actively in the discussions, exercises and simulations. Classes are not intended to be recorded since the course format is based on students’ participation, role-play simulations and live discussions. The instructor may however decide to record some classes to accommodate some students.
Method of Evaluation: Final paper (50%), negotiation/mediation plan and participation in the final simulation (30%), Class attendance, preparation of role-plays and active participation in the practical exercises/simulations (20%).
Bio: Me Saine is a member of the Barreau du Québec with more than 10 years of experience in negotiation. She is a part-time course lecturer at the Faculty and has been teaching an introduction class on negotiation during Integration Week since 2017. Me Saine currently works at Mila – the world’s largest academic AI research lab—where she oversees partnerships and strategy. Prior to working at Mila, she worked as a negotiation and strategy consultant and advised clients on negotiation capability building, strategic planning and managing complex relationships. Me Saine also worked at Cirque du Soleil in the strategy and business development team, where she negotiated multimillion-dollar contracts with partners located around the world. She also worked as the Operations Director of Ecofuel, a startup accelerator, where she was responsible for recruiting startups, leading deal selection and due diligence, and negotiating investments. She started off her career as a conflict resolution lawyer at Norton Rose Fulbright where she was involved in international arbitration proceedings (UNCITRAL, ICC) and commercial mediation (she mediated 20+ disputes). She has also experience at the Center for ADR and Court of Arbitration at the International Chamber of Commerce in Paris and at the Canadian Embassies in Washington D.C. and Lima. Me Saine is a McGill graduate (Law B.C.L./LL.B., BA Honors) and has completed various mediation/negotiation trainings, including the intensive mediating disputes course at the Program on Negotiation at Harvard Law School.

3

Saine
 

Fall
 

 

 

Specialized Topics in Law 15 (LAWG 534) - Regional Trade Agreements (Winter)

Instructor: Professor Emeritus, Armand de Mestral
Language of Instruction: English, questions in French will be answered in French.
Description: This course focusses on the many trade agreements made both recently and over the last thirty years, known under the WTO rubric as ‘regional trade agreements’ (RTAs). These preferential agreements are permitted by the law of the WTO , subject to certain basic conditions. A large percentage of international trade in goods and services now moves under RTAs rather than the WTO. In many respects, RTAs have taken over from the WTO as the central focus of international trade policy. These agreements are used to expand traditional rights and also to expand trade disciplines into areas not covered by the WTO (IA, electronic commerce, human rights, environmental and labor protections etc). Should states continue to use and expand RTAs or should all states return to WTO disciplines? Should North America and Europe conclude and Atlantic Free Trade Agreement (AFTA)? RTAs have been the object of both criticism and praise. Students will be invited to come to their own conclusions.
Restrictions/Prerequisites: Ideally, but not required, International trade Law and Public International Law.
Format: Mix of lectures and class discussion as well as presentation of student papers.
Method of Evaluation: Final in-person exam (100% or 66%) and optional student papers (33%).

3

De Mestral

Winter

 

Specialized Topics in Law 16 (LAWG 535) - Le non-verbal et la justice (Fall)

Instructor: Me Vincent Denault
Language of Instruction: Français 
Description: L’issue des enquêtes policières et des procès n’est pas déterminée que par des lois et des précédents. Toujours en 2020, des croyances non fondées, discréditées et pseudoscientifiques influencent les policiers, les juges et les jurés. Parmi les idées fausses, celles concernant le comportement non verbal et la détection du mensonge sont particulièrement dangereuses. Au sein des forces de l’ordre, par exemple, de telles croyances peuvent donner lieu à des interrogatoires coercitifs et à des fausses confessions. Au tribunal, les idées fausses peuvent déterminer la crédibilité des témoins et, par conséquent, l’issue des procès, qu’ils soient criminels, civils ou administratifs. L’objectif de ce cours est, d’une part, de présenter les enjeux de communication non verbale et de détection du mensonge dans le système de justice et, d’autre part, de sensibiliser les étudiant-e-s à l’influence des idées fausses et des nouvelles technologies sur l’appréciation du comportement non verbal lors d’enquêtes policières et de procès.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: Three short paper (15%, 20%, and 25%), and a final paper (40%).
Note: This course is not open to students who took Focus Week Workshop 1 LAWG 550 003, Le non-verbal et la justice in Winter 2021.

Specialized Topics in Law 16 (LAWG 535) - Public Health Law and Policy (Winter)

Instructor: Professor Lara Khoury
Language of Instruction: English
Description: Definition of public health and foundations of public health law. Examination of the power and duty of the state to protect the public’s health as well as the limits to state interventions pursuing the common good. Exploration of challenges in public health law & policy. Consideration of tools available to public health policy-makers, including nudging, regulation, prohibition, and litigation. Contemplation of the effectiveness of the criminal law and of private law in furthering public health goals. Introduction to public health methods with regards to risk, causation and the precautionary principle, and their interaction with legal norms. Analysis of specific case studies in public health law, including in such areas as infectious disease control and pandemic management, nutrition, tobacco, e-cigarettes and cannabis. Master’s level students registered in any of the programs administered by the McGill School of Population and Global Health can register with permission of the instructor (except for LLM Bioethics students who do not require permission).
Restrictions/Prerequisites: None
Method of Evaluation: Final paper and in-term assignments.

 

3

 

Denault
Khoury

Fall
Winter

 

 

Specialized Topics in Law 17 (LAWG 536) - Internet Law (Fall)

Instructor: TBA
Language of Instruction: English
Description: Internet legal issues are some of the most important and complex problems facing lawyers and scholars alike in the 21st century. The course will consist of a broad introduction to a number of legal issues facing the internet. These include privacy, defamation, jurisdiction, cybersecurity, intellectual property online, cybercrime, and more. We will pay close attention to comparing the legal regimes of Canada, the United States and Europe, and how the regimes interact in the internet’s world without borders.
Restrictions/Prerequisites: None
Format: Mix of lectures and seminar
Method of Evaluation: 70% final essay, 30% class participation including presentation and written exercise based on presentation.

Specialized Topics in Law 17 (LAWG 536) - Indigenous Sovereignty (Winter)

Instructor: Dr. Joshua Nichols
Language of Instruction: English
Description: Our focus in this class will be on the formation of the Dominion in the middle of the 19th century. We will be tracking how the legal and political status of Indigenous peoples changes as the Dominion takes shape. This will offer us new ways of seeing how the current jurisprudence has positioned Indigenous peoples within the Canadian constitutional order and thereby offer us ways of changing the current configuration of this order to better meet the perspectives of all founding peoples.  
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: Final Research Paper.

3

Mendelsohn
Nichols

Fall
Winter

 

 

Specialized Topics in Law 18 (LAWG 537) - Advanced Problems in Constitutional Law (Winter)

Instructor: Dr. Joshua Nichols
Language of Instruction: English
Description: In the 1990s the Supreme Court of Canada developed two models for reconciling the demands for internal self-determination. The first was put forward in R. v. Sparrow and it sets out a Charter-like approach to Aboriginal rights in s. 35 of the Constitution Act, 1982. The second can be found in the Secession Reference. Our focus in this class will be on tracking how the Supreme Court of Canada’s approach to constitutional interpretation has shaped the legal and political status of Indigenous peoples and with it the model of reconciliation they have developed. This will offer us new ways of seeing how the current jurisprudence has positioned Indigenous peoples within the Canadian constitutional order and thereby offer us ways of changing the current configuration of this order to better meet the perspectives of all founding peoples. 
Restrictions/Prerequisites:
Format: Seminar
Method of Evaluation: Final research paper. 

3

Nichols

Winter

 

Specialized Topics in Law 19 (LAWG 538) - Putting the State on Trial: Lawyering for State Accountability and Social Change (Winter)

Instructor: TBA
Language of Instruction: French/English
Description: Often legal education reduces social justice to critical thinking and self-reflexivity and fails to also identify the skillset that an effective social justice practice requires. This course is designed to address this absence, within the specific social justice context of state accountability. Through a combination of tactical doctrine and process considerations, students will be taught how to lawyer for state accountability. This course will use case studies organized around various forms of political violence. This approach will expose the ways in which the state has (and hasn’t) been brought to account and forced to change through legal action.
Restrictions/Prerequisites: None
Format
Method of Evaluation: Participation – 10%Mid-term Assignment – 30%; Research Essay – 60%.

3

TBA

Winter

 

Specialized Topics in Law 20 (LAWG 539) - Panarchy: The Prospects of Government Without a Sovereign (Fall)

Instructor: Professor Richard Janda
Language of Instruction: English
Description: The possibility of law or government in the absence of any sovereign — anarchy — has a dual pedigree in utopian and dystopian thought. Legal pluralism can point in another direction, which is the absence of a single sovereign and the diffusion of sovereignty among a multiplicity of legal persons — what might be termed panarchy. A number of the most concrete challenges that we face — from pandemics, to the climate crisis, to mass migration, to the spread of hate speech — arise in ways that escape the capacity of any single sovereign even to claim to establish alone norms that govern them. This research seminar will explore what it would mean to develop a legal framework for panarchy.
Format: Seminar
Method of Evaluation: TBA

3

Janda

Fall

 

Student Initiated Seminar (LAWG 521-001) - Using the Charter to Create Change: Contemporary Issues in Canadian Constitutional Remedies (Fall 2021)

Instructor: Professor Robert Leckey
Convenors: Ana Qarri and Nathaniel Reilly
Language of Instruction: English
Description: Many see the Canadian Charter of Rights and Freedoms as a crucial instrument that can be employed to better Canadian institutions and policies. But how can the rights and freedoms contained in the Charter be transformed into social change? Charter remedies provide this link. Thus, this course will focus on contemporary issues in the remedial aspects of Canadian constitutional law. To do so, we will examine both the abstract remedial frameworks and their application to contemporary issues like privacy, systemic negligence, environmental protection, and equality rights. Students will leave this course having developed their own approaches to how remedies should evolve in the areas of constitutional law that are of the most interest to them.
Restrictions/Prerequisites
Format: Seminar 
Method of Evaluation: The course will be pass/fail.

Student Initiated Seminar (LAWG 521) - Law and Political Economy in the 21st Century (Winter)

Instructor: Professor Peer Zumbansen
Convenors: Alex McPhail, Eric White and Laurent and Laurent Côté-De-Lagrave
Language of Instruction: English
Description: Centered on emerging scholarship around the concept “Law & Political Economy” (LPE), this course will retrace a history of push and pull between interests and institutions in the context of domestic state transformation and globalization. We aim to attract students interested in interdisciplinary research, sociology of law and political history. We still study key concepts, texts and authors and benefit from the interventions of pertinent guest speakers. Learning objectives will focus on gaining familiarity with LPE framings of urgent issues of justice and equality and rising to the challenge of centering voices and experiences at the global political margins. Students will also learn to communicate and listen in different registers, take into account disparate stakeholder groups and gain experience in real time participation in transnational networks of scholars and activists.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: The course will be pass/fail.

3

Leckey
Zumbansen

Fall
Winter

 

 

Talmudic Law (CMPL 513)

Instructor: TBA
Language of Instruction: English
Description: We will trace the philosophical, theological, and historical foundations of classical Jewish Law. We will also study the methodology and structure of Jewish Law. We will seek to formulate an understanding of the process of decision making in Jewish Law, as distinct from the process in Civil Law or in Common Law. Then, in the second half of the course, we will apply these principles to a specific area of law.
Restrictions/Prerequisites
Format: Lecture with discussion
Method of Evaluation: class participation (10%), responses to questions about reading (15%), and a research paper of 8,000 words (75%).

3 TBA Winter  

Tax Policy (PUB2 515)

Instructor: Professor Allison Christians
Language of Instruction: English
Description: TBA
Restrictions/Prerequisites:
Format
Method of Evaluation: TBA

3 Christians Fall  

Taxation/Droit fiscal (PUB2 313)

Section 001 (Fall)

Instructor: Professor Allison Christians
Language of Instruction: English
Description: This course provides an introduction to the principles of the Canadian federal income tax system. We will focus on building the vocabulary of taxation and exploring the social, political, and economic factors that shape the development of the law. By the end of the course students should understand why societies tax, who and what they tax, and how they do so; be familiar with the general structure and principles of the Canadian federal income tax system; develop skills in close, critical reading and interpretation of primary and secondary legal sources; and understand the role lawyers play in tax compliance, including the issues of professional responsibility and ethics.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Midterm Assignment 25%; Final Paper 75%.

Section 003 (Fall)

Instructor: Professeure Allison Christians
Language of Instruction: Français 
Description: Ce cours présente les principes du régime fédéral d’impôt sur le revenu du Canada. Nous nous concentrerons sur l’élaboration du vocabulaire du droit fiscal et sur l’exploration des facteurs sociaux, politiques et économiques qui façonnent l’évolution de la loi. À la fin du cours, les étudiants devraient comprendre pourquoi les sociétés taxent, qui et ce qu’elles taxent, et comment elles le font; connaître la structure et les principes généraux du régime fédéral d’impôt sur le revenu; développer des compétences en lecture et interprétation étroites et critiques de sources juridiques primaires et secondaires; et comprendre le rôle que jouent les avocats dans l’observation fiscale, y compris les questions de responsabilité professionnelle et d’éthique.
Restrictions/Prerequisites: Aucun
Method of Evaluation: Midterm Assignment 25%; Final Paper 75%.

4 Christians
Christians
Fall
Fall

 

Trial Advocacy (PUB2 420)

Instructor: TBA
Language of Instruction: English
Description: The basic techniques of drafting, discovery, examination and cross-examination of witnesses, and pleading in the context of a fictional civil case. The emphasis is on active participation and on practical exercises in the basic problem areas: the unfolding of the narrative; the drafting of proceedings; the use of open and suggestive questions; the preparation of final arguments.
Restrictions/Prerequisites: None
Format: Lecture, exercises and panel discussions.
Method of Evaluation: 10% participation, 40% in class assignments, 50% in class oral.

3

TBA

Winter  

Legal Education and Leadership (WRIT 016D1/D2)

Instructor: Professor Sébastien Jodoin
Language of Instruction: English
Description: Grounded in the experiential learning associated with their roles as Integration Workshop Tutorial Leaders, this course will enable students to develop and strengthen their knowledge and skills as legal educators and, more broadly, as aspiring legal professionals. Drawing on key insights from the fields of education, law, management, and the social sciences, this seminar will cover some of the traits, skills, strategies, and practices that are critical for both teaching and practicing law. Through small-group discussions, individualized support and feedback, peer-to-peer learning, and self-reflection, this seminar will cultivate the abilities of students to serve as effective leaders, collaborators, and mentors in their legal studies and professional pursuits. (non-law course credits)
Restrictions/Prerequisites:
Format: Lecture
Method of Evaluation: 500-word reflection essay on your experience as tutorial leader and (40%) and 1,500-word reflection essay on legal education and leadership (60%).

3 Jodoin Full-year  

Law Focus Week Workshops

The Faculty of Law would like to acknowledge the McCarthy Tétrault Fund for Innovative Legal Education in support of Focus Week Workshops.

The one-credit workshops are taught in an intensive period and offer an opportunity to critically analyze and develop relevant skills for experts in the law, such as negotiation, mediation, project management, community mobilization, policy analysis, empirical research, entrepreneurship, financial analysis, and the like. Due to the intensive nature of the Focus Week Workshops, attendance is mandatory.

Focus Week Workshops are graded pass/fail

All other courses (except 1st year courses) are suspended during the week.  Fall 2021 Focus Week will take place October 18-22, 2021 &  Winter 2022 Focus Week will take place February 21-25, 2022.

Focus Week Workshop courses for the Fall term will open on July 7th at 9:00am.

Focus Week Workshop courses for the Winter term will open on November 1st at 9:00am.

Students must drop FWW by the add/drop deadline, September 14, 2021. Alternatively, if you see available spaces, please e-mail us at sao.law [at] mcgill.ca to be added manually to the course, no later than October 13, 2021.

Please note that due to high demand, limited availability and potentially conflicting scheduling, students wishing to take more than one Focus Week course in any given term should request approval from the SAO before Add/Drop deadline - Email: sao.law [at] mcgill.ca

Course Title and Number

Credits Instructors Term

Law Focus Week Workshop 1 (LAWG 550)

Section 001/009 - The Law of International Organizations (Fall)

Instructor: Judge Louise Otis
Language of Instruction: English
Description: TBA
Method of Evaluation: This course is Pass/Fail.
Course Outline: PDF icon The Law of International Organizations

Section 003/010 - Le rôle et la place de la Cour suprême (Winter)

Instructor: Justice Clément Gascon 
Language of Instruction: Français
Description: La Cour suprême du Canada occupe une place unique au sein de la magistrature canadienne. Ce cours vise à mieux comprendre son rôle et cerner les enjeux qui lui sont propres. Y sont abordés : l’historique et la compétence de la Cour, le processus de demande d’autorisation d’appel, les appels de plein de droit et les renvois, les appels au fond, le rôle des intervenants, le processus décisionnel et la rédaction des motifs. Le cours traite aussi de la place du bureau du Registraire, de la Direction générale du droit et des auxiliaires juridiques dans le fonctionnement de la Cour. Les étudiant.e.s sont par ailleurs invités à discuter du mode de nomination des juges, des particularités de la collégialité et de la dissidence, du rôle d’une cour finale d’appel et de la révision de ses précédents, ainsi que de la relation de la Cour avec les instances finales d’appel d’autres juridictions à travers le monde. Le cours élabore enfin sur le rôle des plaideur.e.s et les particularités propres à la plaidoirie écrite et orale efficace devant la Cour suprême. 
Method of Evaluation: TBA
Course Outline: TBA

1
 

Otis
Gascon

Fall
Winter

Law Focus Week Workshop 2 (LAWG 551)

Section 001/009 - Anatomy of a Deal (Fall)

Instructor: Me Sonia Struthers
Language of Instruction: English
Description: TBA
Method of Evaluation: This course is Pass/Fail.
Course Outline: 

Section 001/009 - Build your Professional Success with Emotional Intelligence (Winter)

Instructor: Jane Reichman
Language of Instruction: English
Description: In this course, students will learn how to increase awareness of their own relationship skills and develop strategies to build and manage them effectively in order to increase their success in law school – and throughout their legal careers.
Format: This will be a highly interactive session – with a combination of lecture and personal participation.  Students will also work with a personalized valid and reliable tool for managing conflict and improving relationships. 
Method of Evaluation: This course is Pass/Fail.  The grade will be based on Student’s participation in the session and a short paper (1-2 pages) to be submitted to the Instructor.  
Course Outline: TBA

1

Struthers
Reichman

Fall
Winter

Law Focus Week Workshop 3 (LAWG 552)

Section 001/009 - Disasters and the Law (Fall)

Instructor: Dr. David Matyas
Language of Instruction: English
Description: The world is faced with a risky present and even riskier future. Extreme weather events are occurring with increased frequency and severity, while vulnerabilities to global health emergencies are being felt all too acutely. This new normal calls into question whether disasters really are exceptional “acts of god” or whether they should be viewed instead as more mundane facts of life. Drawing insights from disaster and resilience studies, this course looks at the intimate relationship between disasters and the law. It considers how law sees disasters, how law can perpetuate disasters, and how a legal toolkit can be used to confront underlying disaster risks. Whereas law has typically viewed extreme events on the basis of “normalcy” and “emergency”, this course is premised on the notion that our collective future demands a new generation of lawyers who can approach these events more flexibly, expansively, and critically.
Restrictions/Prerequisite :
Format:
Method of Evaluation: Evaluation will be on a pass-fail basis and a function of participation (20%), development of a risk management plan in small groups (50%), and engagement with the simulation (30%).
Course Outline: TBA
Bio: David Matyas is a PhD (Law) Candidate and Gates Scholar at King’s College, University of Cambridge where his research focuses on disasters, armed conflicts, and humanitarian assistance. A former aid worker, he has acted as a technical disaster risk reduction advisor based in Niger, Senegal, and the UK – where he worked variously at Save the Children International, the UK Government Office for Science Foresight Division, and King’s College London. He is a graduate of McGill’s BCL/LLB program, where he received the Elizabeth Torrance Gold Medal, and also holds an MPhil in Development Studies from the University of Oxford. In 2019-2020 he clerked at the Supreme Court of Canada for Justice Rosalie Silberman Abella. 

Section 001/009 - The Presumption of Innocence (Winter)

Instructor: Me Patrick Healy
Language of Instruction: English
Description: TBA
Restrictions/Prerequisite :
Format:
Method of Evaluation: This course is Pass/Fail.
Course Outline: TBA

1

Matyas
TBA

Fall
Winter

Law Focus Week Workshop 4 (LAWG 553)

Section 001/009 - Writing About the Law (Fall)

Instructor: Me Catherine McKenzie
Language of Instruction: English
Description: There are many important skills to litigation and one of them is storytelling. Each lawsuit begins with a written recitation of the facts, which needs to be written in a compelling and clear way. The role of a lawyer throughout the trial process includes using the facts to craft a narrative where your client is the victor. This skill is as important as knowing procedure and is central to the presentation of evidence through examination in chief. An excellent way to improve your storytelling skills is through fiction writing, and so this class will be focused on helping you hone your storytelling skills and present a cohesive and convincing narrative.
Restrictions/Prerequisite :
Format:
Reading: The required text for this class is Writing Fiction: A Guide to Narrative Craft by Janet Burroway & Elizabeth Stuckey-French (10th ed.)
Method of Evaluation: This course is writing intensive. There will be exercises in class and then each student will write a complete short story or novel chapter that is approximately 2,500 words long or ten double spaced pages. This course is Pass/Fail.
Course Outline: 

Section 001/009 - Cybersecurity for Jurists (Winter)

Instructor: Me Luigi Bruno
Language of Instruction: English
Description: This 12-hour interactive course presents law students with the fundamental cybersecurity concepts and their application to governance, risk management, compliance, and incident response. Concepts, techniques, methodologies and standards, legal and regulatory requirements, and case studies are presented from a jurist viewpoint. These are sourced from effective and ineffective real-life examples of strategies, practices, measures, and approaches responding to cyber threats and incidents and assessing and managing risks.
Restrictions/Prerequisite :
Format:
Method of Evaluation: A paper (1500 words max) – 70%, and participation – 30%. This course is Pass/Fail.
Course Outline: 

1

McKenzie
Bruno

Fall
Winter

Law Focus Week Workshop 5 (LAWG 554)

Section 003/010 - Droit carcéral (Fall)

Instructor: Me Nora Demnati
Language of Instruction: Français
Description: L’objectif du cours de droit carcéral est d’explorer le système carcéral fédéral canadien et d’en comprendre les divers enjeux légaux. À travers le cours, les étudiants apprendront quels sont les principales étapes d’une sentence fédérale et le droit y afférant, en passant par les évaluations du risque, les placements pénitenciers, les transferts, les habeas corpus et les libérations conditionnelles. Le cours amènera les étudiants à adopter une approche critique du système carcéral canadien et à en questionner l’utilité. Les discussions de groupes viseront notamment à comprendre pourquoi certains groupes sont surreprésentés en prison et comment la discrimination systémique affecte les droits des personnes incarcérées, ainsi que leur chance de se réhabiliter.
Format:
Method of Evaluation: TBA
Course Outline: TBA

Section 001/009 - TBA (Winter)

Instructor: TBA
Language of Instruction: English
Description: TBA
Format:
Method of Evaluation: TBA
Course Outline: TBA

1

Demnati
TBA

Fall
Winter

Graduate Courses

Graduate courses are open to BCL/JD students by approval. Students must complete the Course Change Form.

For more information about registering for Graduate Courses, including the complete procedure please see the Course Registration Guide.

Course Title and Number Credits Instructors Term Lecture Recording

Communication 1 (LAWG 601)

Instructor: TBA
Language of Instruction: English
Description: This course provides an introduction to academic writing at the graduate level, with emphasis on rhetorical structures and stylistic techniques relevant to scholarly legal writing. You will learn key patterns of organization to produce persuasive and cohesive academic texts. You will also practice strategies for improving vocabulary, grammar, and sentence structure so that you can express complex ideas correctly and effectively.
Restrictions/Prerequisites: N/A
Format: Seminar
Method of Evaluation: Formal assessments are assignments in which you practice searching, reading, and writing strategies useful in your field of study. Informal assessments will be provided throughout the course by the instructor, by peers, and through self-annotation. While you will earn a numerical mark on your assignments, the final grade will be P or F (Pass or Fail), which is based on a minimum grade of 65%.

1.5 TBA Fall  

Communication 2 (LAWG 602)

Instructor: TBA
Language of Instruction: English
Description: For this course, you will develop a set of knowledge and skills that will improve your ability both to analyze written works and create the kind of well-written, well-structured pieces of writing you will require for the completion of your graduate degree. You will come to approach writing not simply as a final finished product, but as a process that encompasses planning, composing, revising, and editing.
Restrictions/Prerequisites: N/A
Format: Seminar
Method of Evaluation: Formal assessments are assignments in which you practice searching, reading, and writing strategies useful in your field of study. Informal assessments will be provided throughout the course by the instructor, by peers, and through self-annotation. While you will earn a numerical mark on your assignments, the final grade will be P or F (Pass or Fail), which is based on a minimum grade of 65%.

1.5 TBA Winter  

Comparative Air Law (ASPL 632)

Language of Instruction: English
Description: The first part of the course provides a general introduction to the comparative law approach and applies some basic concepts of the civil and common law traditions to the field of air law. The second part of the course deals with selected topics where applicable law has not, or only partially, been unified by private international air law conventions and where a comparative approach, based on national law, must be used to find solutions. The selected topics include: the nature of the contract of carriage, product liability principles, aircraft manufacturers’ liability, State liability for negligent certification of aircraft, liability of air navigation service providers, and liability for damage caused by aircraft on the ground.
Restrictions/Prerequisites: 
Format: Lecture
Method of Evaluation:
In-term assignments (25%) and final examination (75%).

3 Weber Winter  

Government Regulation of Space Activities (ASPL 639)

Language of Instruction: English
Description: This Course deals with national (domestic) laws and regulations of some spacefaring nations governing space activities, particularly those that are carried out for commercial purposes. The functioning of some regulatory bodies of certain selected countries are also discussed.
Restrictions/Prerequisites: None (however, some knowledge of public international law is presumed).
Format: Seminar
Method of Evaluation: Class participation (20 %); Formal presentation in the class, including written text of the presentation (20%); and Written term paper (60%).

3 Jakhu Winter  

Law and Health Care (CMPL 642)

Instructor: Professor Lara Khoury
Language of Instruction: English
Description: The course explores various points of intersection between law and health care. Students will examine legal dilemmas that arise at these points of convergence and the principles and institutions that have been developed to address them. Particular topics covered may include: access and delivery of health care services and the allocation of health care resources; the regulation of health care professionals; the law of consent and substituted consent; the law pertaining to minors and incapable adults; introductory notions of public health law; privacy issues arising in the medical context; legal and ethical questions related to biomedical research; patient safety; and end of life care. Students not registered in the Faculty of Law may take CMPL 642 with the permission of the instructor.
Restrictions/Prerequisites: None.
Format: Seminar
Method of Evaluation: Flexible take-home exam and in-term assignment.

3 Khoury Fall  

Law of Space Applications (ASPL 638)

Language of Instruction: English
Description: This Course deals with the international legal aspects of various space applications. In particular, the Course examines principles and rules of international law related to satellite telecommunications (including satellite broadcasting) and the role therein of various international organizations; remote sensing by satellites; space stations; space travel; navigational services by satellites; armed conflicts (LOAC) in outer space, etc.
Restrictions/Prerequisites: None (however, some knowledge of public international law is presumed).
Format:
Method of Evaluation: Class participation (20 %); Formal presentation in the class, including written text of the presentation (20%); and Written term paper (60%).

3 Jakhu Winter  

Legal Education Seminar (LAWG 625)

Instructor: Professor Shauna Van Praagh
Language of Instruction: English
Description: What does the meaningful teaching of law entail? And what do students of law learn, question, and experience? This seminar will provide a forum for a sustained discussion of the structures, institutions, objectives, and pedagogical possibilities connected to the learning and teaching of law. By delving into examples found across time and space, we will reflect on the ways in which legal education continues to be challenged, modified, and redefined. In particular, the objectives of (legal) education, and the connections among law schools, faculties, universities, professional bodies, and broader community organizations will be explored through a series of current and challenging themes. As the unfolding conversation will show, thinking about legal education is integral to reflection on law’s substance, forms, and participants. Written work for the seminar will explore different perspectives on the governance and pedagogical frameworks associated with the teaching of law. Opportunities for teaching experience and for providing constructive evaluation of pedagogical techniques will be incorporated into the classroom sessions, and participants will be encouraged to pursue publication of their papers.
Restrictions/Prerequisites: Directed primarily, although not exclusively, to doctoral students in law, the seminar also welcomes students in the BCL/JD Program and LLM Programs who demonstrate interest in legal education and pedagogy.
Format:
Method of Evaluation: in-term class leadership (including preparation of documents), in-term observation memo, and final essay.

3 Van Praagh Winter  

Legal Research Methodology 1 (CMPL 610)

Instructor: Professor Fédéric Mégret
Language of Instruction: English
Description: Exploration and critique of various methodological approaches to the pursuit of a research inquiry within the context of legal scholarship. Graduate students will develop familiarity with research methods and strategies and will be afforded with opportunities for developing and sharpening their legal research, writing and analytical skills (subject to change).
Restrictions/Prerequisites:
Format:
Method of Evaluation: 
Multiple assignments, graded on a Pass/Fail basis.

1.5

Mégret
 

Fall
 
 

Legal Research Methodology 2 (CMPL 611)

Instructor: Professor Fédéric Mégret
Language of Instruction: English
Description: Exploration and critique of various methodological approaches to the pursuit of a research inquiry within the context of legal scholarship. Graduate students will develop familiarity with research methods and strategies and will be afforded with opportunities for developing and sharpening their legal research, writing and analytical skills (subject to change).
Restrictions/Prerequisites:
Format:
Method of Evaluation:
Multiple assignments, graded on a Pass/Fail basis.

1.5 Mégret Winter  

Legal Research Methodology for DCL (LAWG 702)

Instructor: Professor Fédéric Mégret
Language of Instruction: English
Description: Exploration and critique of various methodological approaches to the pursuit of a research inquiry within the context of legal scholarship. Graduate students will develop familiarity with research methods and strategies and will be afforded with opportunities for developing and sharpening their legal research, writing and analytical skills (subject to change).
Restrictions/Prerequisites:
Format:
Method of Evaluation: Multiple assignments, graded on a Pass/Fail basis.

2 Mégret Fall  

Government Regulation of Air Transport (ASPL 613)

Instructor: Dr. Joseph Wilson
Language of Instruction: English
Description: This course focuses on the international and domestic (key jurisdictions US, Europe and Canada) economic regulation of air transport. Key topics include: Aviation infrastructure, i.e., airports and air navigation, bilateral air services agreements, economic regulations pertaining to air carrier licensing and authorization, governmental review of tariffs, competition /anti-trust, dynamics of airline alliances, safety, security, environmental regulation, consumer protection regulations including accessibility requirements, delays, tarmac delays, cancellations, denied boarding, advertising regulations and disclosure requirements, travel agencies and global distribution systems. The contemporary challenges posed by Covid-19 and trends in the regulatory regime of air transport will also be discussed.
Method of Evaluation:
- Class Participation: 15%
- Class Presentation + term paper app. 3500 words: 35% [Submission deadline: Dec 15, 2021, 15:00]
- Final Examination: 50%  as an open-book take-home exam due 24 hours from picking up the examination.

3 Wilson Fall  

Private International Air Law (ASPL 636)

Language of Instruction: English
Description: This course introduces students to the private international air law regimes governing liability in international air transportation. It examines the unification of certain rules of private international air law through the adoption of international treaties. In particular, it focuses on the liability of the air carrier towards passengers and cargo consignors and consignees under the 1929 Warsaw Convention, as amended, supplemented or modernized by several other international legal instruments, including, most notably the Montreal Convention of 1999. The course will address the emergence of air consumer rights in international air transportation – public/private passenger compensation and accommodation schemes for delay, denied boarding, cancellations; for passengers with disabilities or reduced mobility among others in several jurisdictions in parallel to the Warsaw/Montreal system. The course also examines the international liability framework governing the relationship between the aircraft operator and third parties on the ground as established under the 1933 and 1952 Rome Conventions, and recent initiatives to modernize the 1952 Rome Convention regime through the adoption in 2009 of the Convention on Compensation for Damage Caused by Aircraft to Third Parties (the General Risk Convention) and the Convention on Compensation for Damage Caused to Third Parties Resulting from Acts of Unlawful Interference Involving Aircraft (the Unlawful Interference Convention). Although the scope of private international air law extends to issues relating to rights and security interests in aircraft objects (governed by the 2001 Cape Town Convention/Aircraft Protocol regime), this highly dynamic area of aircraft financing and registration of security interests will be covered separately in another course.
Restrictions/Prerequisites:
Format:
Method of Evaluation: 
Students will be evaluated by means, firstly, of a mid-term assignment (which will account for 25% of the final grade) and, secondly, a final 24-hour take-home (open book) examination (which will account for 75% of the final grade).

3 TBD Fall  

Public International Air Law (ASPL 633)

Language of Instruction: English
Description: The gateway course in Public International Air Law examines the relevant principles and rules of public international law that affect the use of airspace and aeronautics (subject to change).
Restrictions/Prerequisites:
Format:
Method of Evaluation:
TBA

3 TBD Fall  

Space Law: General Principles (ASPL 637)

Language of Instruction: English
Description: This Course examines the role of international law in the regulation of outer space activities. Specifically, the Course addresses the current and potential future uses of outer space; the law‐making process relating to space activities and the international institutions that are involved in this process; the legal regime of outer space and celestial bodies including the exploitation of space natural resources; the legal status of spacecraft including their registration; liability for damage caused by space activities; assistance to astronauts and spacecraft in distress; legal controls governing activities harmful to the environment and military uses of outer space; settlement of space‐related disputes, etc.
Restrictions/Prerequisites: None (however, some knowledge of public international law is presumed).
Format: Lecture
Method of Evaluation: Class participation (20 %); Formal presentation in the class, including written text of the presentation (20%); and Written term paper (60%).

3

Jakhu

Fall  

Theoretical Approaches to Law (CMPL 641)

Section 009 (LLM)

Instructor: Professor Antaki
Language of Instruction: English
Description: This course aims to help you develop a theoretical sensibility so as to enrich your thesis or non-thesis - and other – work. Doing so will involve helping you work on both your habits of attention (what and how you see) as well as your habits of articulation (how you speak, what you are able to show).
Restrictions/Prerequisites:
Format:
Method of Evaluation: Multiple assignments.

Section 010 (DCL)

Instructor: Professor Provost
Language of Instruction: English
Description: This course aims to provide doctoral students with an exposure to some theoretical dimensions of the study, teaching, and research in law. As a course required for all DCL students and closed to other students, Theoretical Approaches to Law is also meant to provide a privileged forum for doctoral students to meet and reflect on their legal experiences, past and present. The course will broadly cover three themes dealing respectively with the nature of law, the nature of legal education, and the nature of legal research. Each theme refers to a sampling of issues to which all doctoral students in law should be sensitive in their work. That said, the course is not meant to suggest that all doctoral students must incorporate these various theoretical approaches into their thesis, nor even that students should necessarily produce writing which is theoretical in nature.
Restrictions/Prerequisites:
Format: Seminar
Method of Evaluation: Several in-term assignments.

3 Antaki
Provost
Fall
Fall

 
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