LAW 3600 - Foundations of Canadian Law

North Terrace Campus - Semester 2 - 2019

The course introduces students to principal aspects of the foundations of Canadian law, including: (i) the basic tenets, sources, and structures of Canadian law in order to acquaint students with the judicial decision-making process in Canada, with the sources of Canadian law, with Canadian bijuralism, with the legal relationship between the state and the Aboriginal Peoples, and with the main theories that have influenced Canadian legal thought; (ii) The means by which the Canadian Constitution addresses governmental structures, procedures and powers and the ways in which individual rights and responsibilities operate in the arena of the exercise of public power; (iii) the unique set of administrative tribunals and regulatory agencies found in Canada and the specifically Canadian approach to identifying the standards the courts should apply in reviewing statutory and prerogative authorities, including (a) constitutional dimensions, (b) provincial statutes addressing the manner in which administrative tribunals are set up and function, (c) the range of judicial review statutes and remedial principles that are distinctly different from those of other jurisdictions, and the particular remedial choices that revolve around the exercise of federal statutory and prerogative powers, and (d) the Canadian law on damages for unlawful administrative action; and (iv) the Canadian criminal law, which operates in a federal system, through a Criminal Code as opposed to common law offences, the political motivations behind changes to the Criminal Code, and, most importantly, the role of the Canadian Charter of Rights and Freedoms in relation to criminal law.

  • General Course Information
    Course Details
    Course Code LAW 3600
    Course Foundations of Canadian Law
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange N
    Prerequisites LAW 1501
    Course Description The course introduces students to principal aspects of the foundations of Canadian law, including: (i) the basic tenets, sources, and structures of Canadian law in order to acquaint students with the judicial decision-making process in Canada, with the sources of Canadian law, with Canadian bijuralism, with the legal relationship between the state and the Aboriginal Peoples, and with the main theories that have influenced Canadian legal thought; (ii) The means by which the Canadian Constitution addresses governmental structures, procedures and powers and the ways in which individual rights and responsibilities operate in the arena of the exercise of public power; (iii) the unique set of administrative tribunals and regulatory agencies found in Canada and the specifically Canadian approach to identifying the standards the courts should apply in reviewing statutory and prerogative authorities, including (a) constitutional dimensions, (b) provincial statutes addressing the manner in which administrative tribunals are set up and function, (c) the range of judicial review statutes and remedial principles that are distinctly different from those of other jurisdictions, and the particular remedial choices that revolve around the exercise of federal statutory and prerogative powers, and (d) the Canadian law on damages for unlawful administrative action; and (iv) the Canadian criminal law, which operates in a federal system, through a Criminal Code as opposed to common law offences, the political motivations behind changes to the Criminal Code, and, most importantly, the role of the Canadian Charter of Rights and Freedoms in relation to criminal law.
    Course Staff

    Course Coordinator: Geoffrey Leane

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course, students will be able to:

    (1) Evaluate and apply the foundational principles of Canadian law (constitutional, criminal, and administrative law, and the ethical considerations surrounding the practice of law in Canada) to a range of problems, and undertake legal research at a foundational level with primary and secondary materials.

    (2) Apply Canadian law to complex issues, and critique the operation of Canadian law and its law-making bodies from a policy perspective, either individually or as part of a team.

    (3) Develop effective and concise written arguments to convince a legal audience. Communicate effectively individually and as part of a team.

    (4) Exercise professional judgement in conducting a cooperative research project on a current topic in Canadian law. Interact effectively as a member of a team.

    (5) Analyse the impact of Canadian law from policy perspectives, and in the context of social and cultural diversity.

    (6) Reflect on individual ability to effectively undertake legal work as a member of a team. Utilise feedback to inform improvement in knowledge and skills development.

    Canadian Graduate Entry LLB students in this course will:

    (1) Acquire an understanding of how they can meet the Federation of Law Societies of Canada, National Committee on Accreditation (NCA) requirements for having their LLB accredited by the NCA.  Students in this category should refer to the NCA for a full outline of these requirements: http://flsc.ca/national-committee-on-accreditation-nca/
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    5
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources
    Multiple copies of the following books will be available on Reserve in the Sir John Salmond Law Library (as such, there is no need to purchase any of these books).  The use of these materials will be discussed with students during the firt face to face meeting:

    Craig Forcese et al, Public Law: Cases, Commentary, and Analysis (Emond Montgomery, 3rd ed, 2015)

    Peter Hogg, Constitutional Law of Canada, Student Edition (Carswell, 2015)

    Kent Roach, Criminal Law (Irwin Law, 6th ed, 2015)

    Colleen Flood and Lorne Sossin, Administrative Law in Context (Emond Montgomery, 2nd ed, 2013)

    Alice Woolley, Richard Devlin, Brent Cotter and John M Law, Lawyers’ Ethics and Professional Regulation (LexisNexis, 2nd ed, 2012)
    Recommended Resources
    To be advised.
    Online Learning
    MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Seminar Guides, and Course Materials.
    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course will be taught in a series of intensive seminars at which students will be required to discuss, debate and defend their analysis of the relevant material set in the course readings.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
    Contact time: attend 6 hours of seminars per day for 3 days over two weeks. This amounts to 36 hours of formal class time across the semester.

    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies
    Learning Activities Summary


     

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment item % of final mark Dates Group or Individual? Length Redeemable      
    Course Learning Outcomes
    Final Paper 70% DUE DATE (outline/synopsis): Week 6
    DUE DATE (Final Paper): Week 13
     Individual Word Limit (outline/synopsis): 500 words
    Word Limit (Final Paper): 5,000 words
    N 1-6
    Class Presentation (Group) 20% Selected groups of students will present each of weeks 2-12 Group 60 minutes N 1-6
    Class Participation 10% Seminars each week Individual N/A N 1-6




    Assessment Related Requirements
    It is important that students read and understand the assessment. There are three aspects of assessment for this course; failure to complete an item of assessment will result in course failure.
    Assessment Detail
    A. Final Paper (70%)
    The paper will be in the form of an essay. This assessment is designed to assess students’ ability critically to examine and evaluate a topic that addresses the issues covered by the course.
    The paper must be written in prose style (using complete sentences) adhere to grammatical rules, and use correct spelling. It should be typed, using double spaced paragraphs, on one side of A4 paper.
    Each student must choose a topic in consultation with the lecturers and based upon the materials presented in the course and MUST submit an outline/synopsis of the topic agreed upon and the methodology to be employed to the Course Coordinator on the last Friday of Mid Semester break.
    Word Limit (outline/synopsis): 500 words
    Word Limit (Final Paper): 5,000 words
    DUE DATE (outline/synopsis): Week 6
    DUE DATE (Final Paper): Week 13

    B. Class Presentation (20%)
    For the purposes of a class presentation, the class will be divided into selected sub-groups.
    The University has emphasised the significance of group work in its Graduate Attributes and this component of assessment is designed to develop your interpersonal understanding, teamwork and communication skills. You will be expected to work consistently within your group and to overcome any communication and/or co-operation issues. If you feel that your group is not working appropriately, you are to contact the Course Coordinator in the first instance. A meeting will be set up between the Course Coordinator and members of the group. Every effort will be made to overcome the problem and facilitate successful group work.
    The class presentation, based upon your group work, will involve reading, reflecting upon, synthesising, and presenting your thoughts on the materials assigned. Each student will receive the grade assigned to the group presentation.
    As noted above, the reflection is intended to highlight the thoughts of the students making the presentation about the materials. There is no set form to this presentation, other than that it MUST NOT BE a reading out of the materials themselves. Rather, it MUST BE a reflective and critical assessment of the materials. This will be explained further during the initial sessions of the course.

    C. Class Participation (10%)
    Students must contribute to class discussion.
    Submission
    Students must retain a copy of all assignments submitted.

    All assignments in this course are to be submitted in hard copy and electronically through Turnitin. All hardcopy submissions must be accompanied by the Assignment Cover Sheet that accurately states the word length, and contains a signed declaration that the assignment consists of the students own work. A student’s results will be withheld until such time as the student has signed the Assignment Cover Sheet. Markers can refuse to accept assignments which do not have a signed acknowledgement of the University’s policy on plagiarism.

    Details for electronic submission through Turnitin will be provided with the assignment instructions.
    All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

    Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation

    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

    *assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    *detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    *sharing of example marked assessments at various grade bands across markers;
    *reviewing of selected marked assessments from each marker by the course coordinator;
    *comparison of the marks and their distribution across markers;
    *automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    *the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners

    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health
    issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program. Students can
    participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our FaceBook page at https://www.facebook.com/LexSalusALS/ , our website at https://law.adelaide.edu.au/lex-salus/ and regular allstudent emails promote upcoming events, and have tips and information on wellness. Our Lex Salus Youtube channel at https://www.youtube.com/channel/UCN5jQ44r8SmVn0txjaNcj3w  also includes videos
    on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.



    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Academic Honesty

    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

     

     

  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.