Academic Resources

Course Registration 2019/20

Student can begin registering for courses for the 2019/20 academic year in Bear Tracks

March 18, 7am: Incoming 3L Students (Y2 JD/MBA Students)
March 25, 7am: Incoming 2L Students (Y1 JD/MBA Students)
March 27, 7am: Graduate students

2019-2020 Course Descriptions

  • LAW450 Administrative Law (Lewans)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Matthew Lewans

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students can elect to be evaluated in two different ways:(1) based solely upon their performance on a final exam worth 100% of the final grade; or (2) based upon their performance on a take-home midterm assignment worth 30% of the final grade, with the remainder being assessed on the basis of a final exam worth 70% of the final grade.

    Course Description:

    This course explores the relationship between the legislative, executive, and judicial branches of government. More specifically, it concerns the legal principles that justify judicial review of administrative action. Specific topics include: the rule of law, procedural fairness, substantive reasonableness, standards of judicial review, abuse of discretion, and the relationship between judicial review and the Charter of Rights and Freedoms. This course provides students with both theoretical and practical knowledge regarding the practice of administrative law and judicial review.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Gus Van Hartern, Gerald Heckman, and David Mullan, Administrative Law: Cases, Text, and Materials, 6th edition (Toronto: Emond Montgomery, 2010).
  • LAW450 Administrative Law (Nichols)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Joshua Nichols

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students can elect to be evaluated in two different ways:
    (1) based solely upon their performance on a final exam worth 100% of the final grade; or
    (2) based upon their performance on a take-home midterm assignment worth 30% of the final grade, with the remainder being assessed on the basis of a final exam worth 70% of the final grade.

    Course Description:

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

  • LAW450 Administrative Law (Raso)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Jennifer Raso

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students’ learning will be evaluated through two mechanisms. The first is an optional fieldwork assignment (worth 30% of the final grade), which will draw on already-assigned course materials. The second is an open book examination during the final examination period (worth 70% of the final grade, if the optional fieldwork assignment is selected, or 100% of the final grade if exam-only evaluation is selected).

    Course Description:

    Administrative law, broadly speaking, is that area of law which guides the executive, or administrative, branch of government in a range of matters: from establishing broad policies and precise rules (i.e., immigration guidelines, local government by-laws, utility rates) to reaching decisions that affect specific individuals (i.e., whether an applicant will be granted disability benefits, whether a business’ liquor licence will be suspended, whether a high-rise development project will proceed). This course will introduce students to the principles that justify courts’ review of administrative action and the many mechanisms available to guide, or challenge, administrative decisions. The mechanisms explored will include: judicial review of administrative actions, including the common law of procedural and substantive review; constitutional limits on administrative action under the Charter of Rights and Freedoms and unwritten constitutional principles such as the “honour of the Crown.” We will also touch upon the role of other administrative bodies, such as the Ombudsman and Auditor General. Ultimately, this course will enable students to identify and analyze the theoretical and practical issues that arise when seeking to challenge the actions of an administrative body.

    Required Texts (if any):

    Administrative Law in Context, edited by Colleen Flood & Lorne Sossin, 3rd edition (Toronto: Emond, 2018).
  • LAW450 Administrative Law (Sjolie & Kellgren)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Barry A. Sjolie, QC and Kristjana Kellgren

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% final exam

    Course Description:

    An overview of the law dealing with the legal limitations on the actions of public agencies and officials in Canada, and the remedies available to address breaches of these obligations. Topics will include a consideration of the legal principles governing the statutory delegation of governmental power; the law governing administrative procedure; the grounds for judicial review and statutory appeals and standards of review employed by courts in reviewing administrative action; the relationship between constitutional law and administrative law; and the remedies available to address improper action by public officials. The public law duty to consult and accommodate the interests of indigenous people. The emphasis of the course is on helping students to understand administrative law rules and concepts and to apply these rules and concepts to address concrete fact situations.

    Special Comments:

    Required Texts (if any):

    Gus Van Harten, Gerald Heckman and David Mullan, Administrative Law: Cases, Text and Materials, 7th ed (Toronto: Emond Montgomery Publications, 2015).
  • LAW450 Administrative Law - NCA STUDENT SECTION (Wall)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Mick Wall

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Evaluation will be based upon a 100% final examination held during the examination period.

    Course Description:

    The objective of this course is to provide students with an understanding of how government authority is exercised, limited and challenged through administrative law. To that end, the course will begin with an overview of the development of administrative law in the Canadian constitutional context, in particular the constitutional basis underlying judicial review of government action, and the principles of statutory delegation. The majority of the course focuses on central grounds for challenging government administrative action, breaches of procedural fairness and substantive review for error, and the standards of review the courts apply in evaluating challenges on those grounds. The course concludes with a look at the remedies available to redress improper administrative actions.

    Special Comments:

    SECTION AVAILABLE TO NCA STUDENTS ONLY.

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Gus Van Harten, Gerald Heckman, David J. Mullan and Janna Promislow, Administrative Law: Cases, Text and Materials (7th edition Toronto: Emond Montgomery Publications, 2015).
  • LAW451 Corporations Law (Lund)

    Prerequisite courses:

    Prerequisite for:

    Corporate Security & Financing (LAW 613) / Estate Planning (LAW 660)

    Instructor(s):

    Professor Anna J Lund

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 100% of the Grade.
    Students have the option to prepare a research project, approved by the instructor, for 50% of the grade in the course.
    Examination will be OPEN BOOK.

    Course Description:

    This course will cover the laws governing corporations, including the following: pre-incorporation matters; incorporation; the corporation as a legal person; the tortious, criminal, regulatory, and contractual liability of the corporation; corporate social responsibility; corporate governance; shareholder rights; and shareholder remedies. The course also briefly considers alternate forms of business organization, including partnerships. The primary statute examined is the Business Corporations Act (Alberta), with attention paid to the equivalent provisions in the Business Corporations Act (Canada).

    Special Comments:

    Required Texts (if any):

    TBD
  • LAW451 Corporations Law (Meshel)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Tamar Meshel

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 100% of the Grade. The Exam will be “limited open book”, meaning that students may bring into the examination the casebook, legislation and notes in HARD COPY. Students will NOT be permitted to access these materials electronically during the exam or to bring any textbooks into the examination.
    Although there is no participation mark in this class, students are expected to come to class having completed the assigned readings and ready and willing to participate. Accordingly, the instructor reserves the right to move students up a plus or down a minus (i.e. from ‘B’ to ‘B+’ or to ‘B-‘), based on class participation

    Course Description:

    This course will cover the laws governing corporations, including the following topics:
    - Pre-incorporation matters (selecting the form of business enterprise; the nature and effects of corporate personality; the corporation as a legal person)
    - The process of incorporation
    - Corporate governance (the control and management of corporations; the tortious, criminal, contractual, and regulatory liability of corporations; capitalization; directors' and officers’ duties; shareholders' rights and remedies)
    - Social responsibility of corporations
    - Statutory schemes (the Alberta Business Corporations Act and the Business Corporations Act (Canada)).

    Special Comments:

    Required Texts (if any):

    In-house materials.
  • LAW451 Corporations Law (O’Byrne)

    Prerequisite courses:

    Prerequisite for:

    Corporate Security & Financing (LAW 613) / Estate Planning (LAW 660)

    Instructor(s):

    Professor Shannon O’Byrne

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 100% of the Grade. Examination will be OPEN BOOK

    Course Description:

    The syllabus covers such topics as: selecting the form of business enterprise; the nature and effects of corporate personality; the process of incorporation; the tortious, criminal, contractual, and regulatory liability of corporations; capitalization; corporate governance; shareholders' rights and remedies; as well as the social responsibility of corporations. The primary statutory materials are: The Alberta Business Corporations Act.

    Special Comments:

    Required Texts (if any):

    In-house materials.
  • LAW451 Corporations Law (Stam)

    Prerequisite courses:

    Prerequisite for:

    Corporate Security & Financing (LAW 613) / Estate Planning (LAW 660)

    Instructor(s):

    David Stam

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% final, open book

    Course Description:

    The syllabus covers such topics as: selecting the form of business enterprise; the nature and effects of corporate personality; the process of incorporation; the tortious, criminal, contractual, and regulatory liability of corporations; capitalization; corporate governance; shareholders' rights and remedies; as well as the social responsibility of corporations. The primary statutory materials are: The Alberta Business Corporations Act.

    Special Comments:

    Required Texts (if any):

    In-house materials.
  • LAW452 - Fall 2019 - small section Civil Procedure (Billingsley)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Barbara Billingsley

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students will be evaluated by a combination of a 2-hour, open-book examination worth 75% of the final grade, and 5 short assignments to be completed during the term, each worth 5% of the final grade

    Course Description:

    This course examines the civil litigation process, including the framework of civil litigation and civil litigation strategies. This examination is conducted with reference to Alberta’s Rules of Court, with consideration given both to the intention and purpose of the rules and to the practical application of the rules.

    Special Comments:

    NOTE: This Fall 2019 section of Civil Procedure is specifically intended for students who are interested in practising civil litigation after graduating law school. Enrollment in the class is capped at 25 to facilitate more experiential learning components than in the larger sections of the course. The 5 mandatory short assignments are part of these experiential learning components and may include drafting court documents, attending at and reporting on Chambers applications, and commenting on litigation strategies or reported Chambers decisions.

    Required Texts (if any):

    TBA
  • LAW452 - Winter 2020 Civil Procedure (Billingsley)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Barbara Billingsley

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students will be evaluated by a 2 hour, open-book examination worth 100% of the final grade; however, each student will also have the option of reducing the value of his or her final examination by writing up to five quizzes during the term. Each quiz will be worth 5% of the final grade. So, for example, if a student writes all five quizzes, that student’s final exam will be worth 75%; if a student writes only three quizzes, that student’s final exam will be worth 85%.

    Course Description:

    This course examines the civil litigation process, including the framework of civil litigation and civil litigation strategies. This examination is conducted with reference to Alberta’s Rules of Court, with consideration given both to the intention and purpose of the rules and to the practical application of the rules.

    Special Comments:

    Required Texts (if any):

    TBA
    Alberta Rules of Court (available on-line)
  • LAW452 Civil Procedure (Lund)

    Prerequisite courses:

    Prerequisite for:

    Advocacy

    Instructor(s):

    Professor Anna J Lund

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students will be evaluated by a 2 hour, open-book examination worth 100% of the final grade; however, each student will also have the option of reducing the value of his or her final examination by completing up to six quizzes or assignments during the semester. Each quiz and assignment will be worth 5% of the final grade. So, for example, if a student completes all six quizzes and assignments, that student’s final exam will be worth 70%; if a student completes only three quizzes or assignments, that student’s final exam will be worth 85%.

    Course Description:

    This course examines the civil litigation process, including the framework of civil litigation and civil litigation strategies. This examination is conducted with reference to Alberta’s Rules of Court, with consideration given both to the intention and purpose of the rules and to the practical application of the rules.

    Special Comments:

    Required Texts (if any):

    TBD
  • LAW452 Civil Procedure (Molzan)

    Prerequisite courses:

    Prerequisite for:

    Advocacy

    Instructor(s):

    Donna L. Molzan, QC

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is a 2 hour OPEN BOOK examination worth 100% of the grade.

    Course Description:

    This course focuses on the process involved in the conduct of a civil lawsuit as set out in the Alberta Rules of Court. The course will include a consideration of the theory and the practice of the civil litigation system including its extension to quasi-judicial bodies.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Civil Procedure Cases and Materials
    The Alberta Rules of Court
  • LAW452 Civil Procedure (Yiu)

    Prerequisite courses:

    Prerequisite for:

    Advocacy

    Instructor(s):

    Alexander Yiu, BA LLB LLM

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is a 2 hour OPEN BOOK examination worth 80% of the grade.
    An additional method of evaluation in this course is a written report worth 20% of the grade completed upon attendance at a Trial conducted in the Civil Division of either the Provincial Court of Alberta or the Court of Queen’s Bench of Alberta in Edmonton.

    Course Description:

    This course focuses on the process involved in the conduct of a civil lawsuit as set out in the Alberta Rules of Court. The course will include a consideration of the theory and the practice of the civil litigation system including its extension to quasi-judicial bodies. The course will further introduce students to the topic of “access to justice” and its role in the administration of justice in the Alberta Courts.
    As well, in this course students will have the opportunity to attend live Trial proceedings conducted before the Provincial Court of Alberta or the Court of Queen’s Bench of Alberta. Students will prepare and complete a written report regarding their experience observing the Trial proceedings as part of their final grade in the course.
    Students will additionally be exposed to the Alternative Dispute Resolution process and its core modalities, including Mediation, Arbitration, Negotiation, and the Judicial Dispute Resolution (JDR) process. Each of these iterations of the ADR process will be examined and discussed within the framework of the foundational Rules of Court which encourage expeditious and timely justice for all litigants in the justice system.
    Finally, this course will introduce students to the concept of “mindful lawyering”, based on the theory and practice of mindfulness. Key questions that will explored include: (1) What is mindfulness and what are its benefits? (2) What is “mindful” or “contemplative” lawyering? (3) Why is mindful lawyering emerging as a lifestyle choice for many “modern” lawyers, particularyl those who practice in the area of litigation?

    Special Comments:

    This course may include guest speakers from the Bar and the judiciary if scheduling permits.

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    The Alberta Rules of Court
  • LAW453 Evidence (Hatch)

    Prerequisite courses:

    Prerequisite for:

    Advocacy (Law 608) /Advanced Evidence (Law 675)

    Instructor(s):

    Deborah Hatch

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Closed-book exam worth 100% of final grade

    Course Description:

    The Course provides students with an overview of the Law of Evidence in criminal and civil matters, with a focus on the criminal context. Topics covered will include relevancy and admissibility, the manner of proof, the hearsay rule and exceptions, admissions and confessions, character evidence, opinion and expert evidence, methods of and reasons for the exclusion of evidence, trends in the law of evidence, and various types of privilege.

    Special Comments:

    Required Texts (if any):

    The Law of Evidence, Paciocco & Steusser (7th ed.)
  • LAW453 Evidence (Penney)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Steven Penney

    Course credit:

    3

    Method of presentation:

    Other

    Method of Evaluation:

    Students may choose one of the following options: Option One: 100% final examination Option Two: Research paper + final examination (if paper mark is higher than exam, each will be worth 50%; if not, exam will be 100%)

    Course Description:

    This course provides students with an overview of the law of evidence in criminal and civil matters. The course will be “flipped”; that is, core concepts will be relayed before class via the textbook and podcasts and class time will be devoted to review, problem-solving, and concept elaboration.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    David M. Paciocco & Lee Stuesser, The Law of Evidence, 7th ed. (Toronto: Irwin Law, 2015)
  • LAW453 Evidence (Sankoff)

    Prerequisite courses:

    Prerequisite for:

    Advocacy (LAW 608) / Advanced Evidence (LAW 675)

    Instructor(s):

    Professor Peter Sankoff

    Course credit:

    3

    Method of presentation:

    Other
    PLEASE NOTE: This course operates by using the model of the Flipped Classroom. In contrast to many of your law classes, this course will proceed on the premise that learning is best accomplished by doing. There will be almost no lecture content in this course. Instead, the classroom will be "flipped" so that students received a video lecture outside of class designed to prepare them for difficult exercises that students will attempt to solve in class. These exercises will model real evidence problems you would confront in court.

    Method of Evaluation:

    100 percent open book final examination.

    Course Description:

    This course provides students with an essential overview of the law of evidence in both criminal and civil proceedings. The following topics are covered (time permitting): the sources and goals of the law of evidence; the calling of witnesses; relevance, probative value and prejudicial effect; hearsay; opinion evidence; direct and cross-examination; the rule against oath-helping; character; and several types of privilege.

    Special Comments:

    Course description last updated 2017-2018.

    PLEASE BE ADVISED THAT THE FLIPPED CLASSROOM FORMAT IS NOT FOR EVERYONE. If you prefer to receive detailed lectures setting out every aspect of the law of evidence, I highly advise that you take a different section of Evidence. This class only functions well with students who are willing to work during class time, able to attend class regularly, eager to try something different, and ready to participate in class. To learn more about the Flipped Classroom and how this class operates, see my website at www.petersankoff.com, and click on the heading "Teaching". You may also wish to watch Capsule 1 under the Evidence Capsules on the website.

    Required Texts (if any):

    David Paciocco and Lee Stuesser, The Law of Evidence, 7th ed. (Toronto: Irwin, 2014).
  • LAW453 Evidence (Schmidt & Stewart)

    Prerequisite courses:

    Prerequisite for:

    Advocacy (LAW 608) / Advanced Evidence (LAW 675)

    Instructor(s):

    John Schmidt, Nicole Stewart

    Course credit:

    3

    Method of presentation:

    Lecture and practical presentations/scenarios

    Method of Evaluation:

    Open-book exam worth 100% of the grade.

    Course Description:

    This course reviews the modern law of evidence in Canada. Topics to be covered include: the role of evidence law, character evidence, hearsay, opinion and expert evidence, the law of privilege, confessions, improperly obtained evidence, and methods of presenting evidence.
    The course is taught from a practical perspective with a focus on key Supreme Court of Canada decisions and their application to everyday legal practice.

    Special Comments:

    Required Texts (if any):

    The Law of Evidence, Justice David Paciocco and Lee Stuesser, Irwin Law (7th ed.)
  • LAW454 Private International Law (Acorn)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Annalise Acorn

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% Final

    Course Description:

    In this course we look at the body of law that deals with private law disputes that take place in or are connected to more than one jurisdiction. Tort, contract, family law or wills and estates disputes can all have an international element. In our age of globalization more and more legal disputes have what we call a foreign element. Consider for example a case in which a traveller from Alberta stays in a hotel in Havana, Cuba and is seriously injured as a result of the negligence of hotel employees. Would that injured Albertan be able to sue in Alberta? Or would they have to sue in Cuba? If they could sue in Alberta would Albertan or Cuban tort law apply to the case? Which jurisdiction would govern the quantum of damages? Would the Cuban courts enforce an Alberta court’s judgment against the Cuban defendant? In this course we will address these kinds of questions. The three basic questions we will look at then are as follows. 1. Which country’s courts have jurisdiction to hear a case where parties, property and action are in multiple jurisdictions? 2. Which country’s laws should be applied to the substance of a dispute when things have happened, or parties and property are situated, in more than one country? 3. When will the courts of one country participate in the enforcement of a judgment granted by the courts of another country?

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBA
  • LAW456 Professional Responsibility (Acorn)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Annalise Acorn

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is one 5,000 – 6,000 word paper on topics discussed in class worth 80%.
    The remainder of the grade in this course will be made up of: 20% class participation

    Course Description:

    This course examines the rules relating to lawyers’ professional conduct. In it will also explore many of the ethical and moral dilemmas faced by lawyers in everyday practice. We begin with an overview of the regulatory structure of the profession and proceed to look at the 3-C’s of legal ethics: Civility, Confidentiality and Conflict of Interests. From there we proceed through the Law Society of Alberta Code of Conduct, touching on the lawyers right to withdraw from representation, rules regulating lawyer advertising and ethical practice in relation to trust conditions. Other topics to be discussed may include, procrastination and its relationship to professional misconduct, access to justice and the obligation to pro bono work, substance abuse and the stress epidemic in the practice of law, work-life balance, sexual relations with the client, ethical issues surrounding the self-represented litigant and developing competences representing indigenous clients. Throughout the course students will be asked to focus on how they would ideally like to develop their own voice as an advocate and become an autonomous professional.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBA
  • LAW456 Professional Responsibility (Couillard)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Troy Couillard

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Essay 70%
    In-class presentation 20%
    In-class participation 10%

    Course Description:

    This course will explore the ethical obligations and responsibilities of lawyers. Students will be expected to think critically about contemporary and historical ethical questions faced by members of the legal profession and how to their own values and attitudes will shape their future careers. Spirited debate in a non-judgmental context will be encouraged.
    By the end of this class students should be able to identify the ethical obligations and responsibilities arising in a particular fact scenario and explain how they, as a lawyer, might manage a similar situation including identifying appropriate resources for assistance.

    Special Comments:

    Required Texts (if any):

    1. Alice Woolley et al, Lawyers’ Ethics and Professional Regulation, 3rd ed (Toronto: LexisNexis, 2017).
    2. Alberta Code of Professional Conduct, Law Society of Alberta (current version is available online).
    3. Selected cases and readings.
  • LAW456 Professional Responsibility (Hawes)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Sandra L. Hawes

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The primary method of evaluation will be a research paper worth 75% of your final grade. The remaining 25% of your grade will be made up of class participation and attendance.

    Course Description:

    The main objectives of this course are to explore and discuss the practice of law in Canada, and the ethical obligations and responsibilities of lawyers both to the profession and to the public. Students will be expected and encouraged to think critically about current and past ethical issues faced by members of the legal profession, and will be expected to articulate their own ethical framework for making choices that respond to these ethical issues. In addition, students will be expected to identify and respond appropriately to conflicts of interest, understand the extent and limits of the confidentiality obligation and the duties owed by lawyers to other lawyers, clients and the public.

    Special Comments:

    Required Texts (if any):

    1. Alice Woolley, et al, Lawyers Ethics and Professional Regulation, 2nd ed. (Toronto: LexisNexis, 2012)
    2. Alberta Code of Professional Conduct, Law Society of Alberta- current version available online
    3. Selected cases and readings
    *Required texts may be subject to change
  • LAW456 Professional Responsibility (Hilborn)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Rick Hilborn

    Course credit:

    3

    Method of presentation:

    Lecture/Seminar

    Method of Evaluation:

    The primary Method of Evaluation will be a written paper worth 70% of your final grade. This paper will be 18-20 pages in length, double spaced, 12 point font with 1 inch margins (excluding bibliography). Students are encouraged to develop their own topic however some topic suggestions will be provided.
    The paper shall be due on the final day of classes. In addition, students will be graded on their class participation, based on student presentations (20%) and as general participants (10%) based on attendance and discussion leadership.

    Course Description:

    This course will explore the ethical obligations and responsibilities of lawyers. Students will be expected to think critically about contemporary and historical ethical questions faced by members of the legal profession and how their own values and attitudes will shape their future careers. Spirited debate in a non-judgmental context will be encouraged.
    By the end of this class students should be able to identify the ethical obligations and responsibilities arising in a particular fact scenario and explain how they, as a lawyer, might manage a similar situation including identifying appropriate resources for assistance

    Special Comments:

    Required Texts (if any):

    Only reference material required will be the Alberta Code of Professional Conduct (of course) which is available online at www.lawsociety.ab.ca
    Recommended but not required: Alice Woolley et al, Lawyers’ Ethics and Professional Regulation, 3rd ed (Toronto: LexisNexis, 2017).
  • LAW456 Professional Responsibility (Kash)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Brian Kash

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation will be a final essay worth 70% of your final grade. This essay will be 15-20 pages in length, double spaced, 12 point font with 1 inch margins (excluding the required bibliography). This paper shall be due on the final day of classes.
    In addition, students will be graded on their class participation, based on student presentations/assignments (20%) and as general participants (10%) based on attendance and discussion leadership.

    Course Description:

    The main objective of this course is to explore and discuss the ethical obligations and responsibilities of lawyers. Students will be expected and encouraged to think critically about current and past ethical issues faced by members of the legal profession, and will be expected to reflect on how their own personal values will shape their legal practice moving forward. In addition, we will cover various responses to ethical issues, as expressed by the courts, the profession (as reflected in the Alberta Code of Professional Conduct), the public, and legal commentators.
    There will be a guest lecturers from the legal community throughout the semester, and students will be expected to play an active role in engaging these speakers in discussion.
    Students will be required to actively participate in class discussions, break out groups and in class activities and presentations.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    1. Alice Wooley, et al, Lawyers Ethics and Professional Regulation (Toronto: LexisNexis, 2008)- available in the HUB Mall Book Cellar
    2. Alberta Code of Professional Conduct, Law Society of Alberta- current version available online
    3. Selected cases and readings

    *Required texts may be subject to change

  • LAW456 Professional Responsibility (Smith)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Karen Smith

    Course credit:

    3

    Method of presentation:

    Lecture/seminar

    Method of Evaluation:

    This course will be evaluated by way of a final memorandum worth 70% of the final grade. This memorandum will be approximately 15 pages, double-spaced, 12 point font with 1” margins (excluding the required bibliography). This paper shall be due by 4:00 p.m. of the final day of class in April 2019 and should be submitted by hard copy and email to me at the class. In addition students will receive a grade of 20% based on a five minute presentation, as well as participation marks of 10% based on attendance and discussion leadership.

    Course Description:

    This course will undertake a consideration of the ethical obligations and responsibilities of lawyers. The main objective of the course is to be able to recognize, examine and understand your responsibility in the legal and ethical context. Students must be expected to be able to identify and think critically about current and past issues. These issues will be addressed by way of text, the Alberta Code of Conduct and guest speakers.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    1. Alice Woolley, et al, Lawyers Ethics and Professional Regulation (Toronto: LexisNexis, 2017)
    2. Alberta Code of Professional Conduct, Law Society of Alberta – current version available online
    3. Selected cases and readings
  • LAW456 Professional Responsibility (Wachowicz & Wedge)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Ian Wachowicz / David Wedge

    Course credit:

    3

    Method of presentation:

    Lecture/seminar

    Method of Evaluation:

    1. Written Work

    (a) Students will be required to prepare a written paper of their own choice. Students are encouraged to develop their own topic.

    (b) Papers should be around 20 pages in length.

    (c) 64% of the final grade will be based upon the paper.

    2. Class Participation

    (a) As the avowed purpose of this course is to discuss and debate various professional responsibility issues, class participation is imperative. For each session, all members of the class are to have read the assigned readings and are to be prepared to participate in class. Participation will be noted and evaluated.

    (b) 26% of the final grade will be allocated to class participation.

    3. In Class Quiz

    (a) 10% of the final grade will be based upon an in class quiz that tests the student’s knowledge of the Code of Conduct and related case law.

    Course Description:

    This course will address the regulation of legal profession and the related concept of a lawyer's professional responsibility. A lawyer is expected to act in a professionally responsible manner, delicately balancing, at times, duties to clients, the state, the courts and his or her profession. In this, a lawyer will be guided by law, the profession's ethical code, prevailing norms of proper practice, professional traditions, and personal ethical standards.

    The course will deal critically with a number of matters: the theories of professions; the structure and demographics of the profession, the legal profession as a self-regulating occupation; the solicitor/client relationship and the lawyer's duties arising from that relationship, such as confidentiality and competence; the lawyer's duties to fellow members of the profession; the lawyer's duties to the court; the proper conduct of a lawyer in a number of varied roles such as those of advocate, advisor, negotiator, and prosecutor; and the lawyer’s responsibilities to the public served by the profession; for example, in securing access to justice.

    These and many other related issues will be considered and discussed in a lecture/seminar format. The overall objective is to gain a better understanding and appreciation of the legal profession and of the professional obligations of a lawyer as a foundation for proper conduct and practice in the future.

    Required Texts (if any):

    None.
  • LAW456 Professional Responsibility - NCA STUDENT SECTION (Yiu)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Alex Yiu

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    TBA

    Course Description:

    Course description not yet received. Contact instructor for course details.

    Special Comments:

    NCA student enrollment only.

    Required Texts (if any):

    TBA
  • LAW486 - Fall 2019 Jurisprudence: Emotions of Conflict & Justice (Acorn)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Annalise Acorn

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course will be one 25 page paper worth 80% of the grade.Participation worth 20% of the grade

    Course Description:

    This course draws on legal philosophy as well as some psychological sources to explore the emotions that arise in situations of conflict and around matters of justice. Lawyers and judges often pride themselves on their rational objectivity and view their capacity to resist the emotional pulls of conflict as a badge of professional competence. We are aware, nonetheless, that both conflict itself, and our judgments about justice, are often, at bottom, driven by emotional responses. This course probes our understandings of the emotions in their relation to the dynamics of disputes and the substance of our judgments about justice and fairness. We will begin by reading Aristotle’s The Rhetoric which is essentially a handbook for lawyers on how to elicit emotional states in the trier of fact. We will proceed through other sources to look at the role of emotions in adjudication, in the adversarial system, in restorative justice and in alternative dispute resolution. In the context of dispute resolution we will look at the emotional aspects of different conflict styles as well as the emotional dimension of power relations.

    Special Comments:

    Required Texts (if any):

  • LAW486 - Winter 2020 Jurisprudence: The Drama of Justice – Greek and Shakespearean Drama and the Law (Acorn)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Annalise Acorn

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course will be one 5,000 – 6,000 word paper worth 80% of the grade.
    Participation worth 20% of the grade

    Course Description:

    This course explores issues of justice, law, conflict and dispute resolution through Shakespearian and Greek drama. “The play’s the thing” that will lead us into questions of redress of wrongdoing, the obligation to obey the law, procedural justice and the efficacy of the trial, the relation between justice, reciprocity and revenge, as well as timeless questions about discrimination against outsiders. The course will encourage a love of and appreciation for the great theatre and the contribution it makes to our shared understandings of the authority of law, the nature of justice, the relation between justice and revenge, reciprocity and the timeless question of who is owed what by whom. Shakespearian plays will include Merchant of Venice, Measure for Measure, Hamlet, Othello and King Lear. Greek plays will include Aeschylus, The Orestia, Euripides, Medea, and Sophocles Theban Plays. Students will be encouraged to view films of these plays. The full BBC collection of Shakespeare’s plays on DVD is available on reserve in the Weir Law Library. Students will be encouraged to access this resource and other film versions of the plays.

    Special Comments:

    Required Texts (if any):

  • LAW486 Jurisprudence (Fehr)

     

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Colton Fehr

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Participation (10%): Students will be evaluated based on their contributions to class discussion.
    Presentation (10%): Students will lead discussion on a reading of the student’s choosing.
    Paper (80%): Students will either: (i) write a 24-hour take-home exam; or (ii) write a paper of approximately 6,000-8,000 words (inclusive of footnotes) on a relevant topic of the student’s choice. All papers will be subject to the approval of the instructor.

    Course Description:

    This course critically engages with the judicial and academic understandings of the structure of section 7, the threshold rights of life, liberty, and security of the person, as well as what qualifies as a principle of fundamental justice. An emphasis will be placed on the Court’s substantive principles of fundamental justice, with special emphasis on the relationship between criminal law theory and fundamental justice. The course will also assess section 7’s relationship to section 1, how the interpretation of section 7 compares to similar foreign constitutional provisions, and whether its broad interpretation can be defended on democratic grounds.

    Special Comments:

    Required Texts (if any):

    Readings are all available online.
  • LAW486 Jurisprudence: Indigenous Laws - Questions and Methods for Engagement (Friedland)

    Prerequisite courses:

    Either LAW590 or equivalent OR previous education in Indigenous studies OR

    substantial life experience highly recommended

    Prerequisite for:

    Instructor(s):

    Professor Hadley Friedland

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Professionalism in Intersocietal Contexts (in-class activities) - 20%
    In-class Moot- 20%
    Take home Exam - 60%

    Course Description:

    The TRC final report calls for greater recognition and use of Indigenous laws in Canada. Many Indigenous communities, justice system professionals and legal scholars are increasingly interested in accessing, understanding and applying Indigenous legal traditions today. Yet how to do this raises practical and critical questions. This highly interactive intensive seminar explores some of the current challenges related to this timely subject. Students will identify and critically examine legal theories about the nature and sources of law and reflect on the work of justice and reconciliation in inter-societal contexts. They will have opportunities to practice and evaluate various methods for engaging with Indigenous legal traditions respectfully and robustly, and examine the major questions that arise from engagement in various settings. Students will also actively engage with specific Indigenous (primarily Cree) laws, in a respectful and supportive environment.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Louis Bird, The Spirit Lives in the Mind: Omushkego Stories, Lives, and Dreams (Montreal: McGill-Queens, 2007).
    John Borrows, Canada’s Indigenous Constitution (Toronto: University of Toronto Press, 2010).
    Patty Laboucane-Bensen, The Outside Circle (Toronto: House Of Anansi Press Inc., 2015).
  • LAW486 Jurisprudence: Property Rights (Lavoie)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Malcolm Lavoie

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Participation: 20%
    Two 500-word response papers: 20%
    Final paper (2500-3000 words): 60%

    Course Description:

    What does it mean to have a property right in something? Why should we recognize private property rights? When should property rights be subject to limitations? What is the relationship between property rights and sovereignty? Should the state be constrained in its ability to interfere with property rights? This seminar explores theoretical approaches to property rights, along with some applications to contemporary legal questions. The seminar will provide a survey of the most prominent descriptive and normative accounts of property rights. We will build on these theoretical discussions to consider several contemporary legal issues. Topics covered may include: the doctrine of aboriginal title; restrictions on organ sales and paid surrogacy; expropriation and civil forfeiture; the constitutional entrenchment of property rights; and the relationship between property rights and economic inequality.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBD
  • LAW486 Jurisprudence (Lewans)

    Prerequisite courses:

    None

    Prerequisite for:

    None

    Instructor(s):

    Professor Matthew Lewans

    Course credit:

    2

    Term:

    Winter

    Maximum enrollment:

    20

    Method of presentation:

    Seminar

    Method of Evaluation:

    Student performance will be based on a series of written assignments submitted throughout the academic term. There will be no final exam.

    Course Description:

    This course offers an introduction to jurisprudence and political theory to students who have not already studied legal philosophy. The primary objective of the course is to offer students the opportunity to reflect in a disciplined and critical way upon the nature of law, legal reasoning, legal obligations, and the relationship between law, politics and morality by engaging with the works of Thomas Hobbes, Carl Schmitt, Joseph Raz, and others.
    The secondary objective of the course is to enable students to examine these issues through discussions regarding the constitutional legitimacy of executive and administrative decisions. By drawing connections between legal theory and practice, students will gain insights about how theoretical debates about the nature of law can motivate more concrete arguments about what the law requires in a given case.

    Special Comments:

    Required Texts (if any):

    TBA
  • LAW486 - FALL 2019 Jurisprudence: Indigenous Law Foundations (Lindberg)

     

    Prerequisite courses:

    Either LAW590 or equivalent OR previous education in Indigenous studies OR life

    experience highly recommended

    Prerequisite for:

    Instructor(s):

    Professor Darcy Lindberg

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Professionalism in Intersocietal Contexts (in-class activities) - 20%
    In-class Moot- 20%
    Take home Exam - 60%

    Course Description:

    The TRC final report calls for greater recognition and use of Indigenous laws in Canada. Many Indigenous communities, justice system professionals and legal scholars are increasingly interested in accessing, understanding and applying Indigenous legal traditions today. Yet how to do this raises practical and critical questions. This highly interactive intensive seminar explores some of the current challenges related to this timely subject. Students will identify and critically examine legal theories about the nature and sources of law and reflect on the work of justice and reconciliation in inter-societal contexts. They will have opportunities to practice and evaluate various methods for engaging with Indigenous legal traditions respectfully and robustly, and examine the major questions that arise from engagement in various settings. Students will also actively engage with specific Indigenous (primarily Cree) laws, in a respectful and supportive environment.

    Special Comments:

    Required Texts (if any):

    Louis Bird, The Spirit Lives in the Mind: Omushkego Stories, Lives, and Dreams (Montreal: McGill-Queens, 2007).
    John Borrows, Canada’s Indigenous Constitution (Toronto: University of Toronto Press, 2010).
    Patty Laboucane-Bensen, The Outside Circle (Toronto: House Of Anansi Press Inc., 2015).
  • LAW486 - WINTER 2020 Jurisprudence: Treaties, Indigenous Peoples, and Treaty Law (Lindberg)

     

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Darcy Lindberg

    Course credit:

    3

    Method of presentation:

    Seminars, lectures, and participant presentations

    Method of Evaluation:

    Professionalism in Inter-societal Contexts (in-class activities) – 20%
    Mid-term Project - 20%
    Take home Exam – 60%

    Course Description:

    Treaty making has been an integral legal process for Indigenous peoples in Canada for millennia. Focusing on Plains Cree treaties, we will examine Indigenous perspectives on treaties, explore historical periods of treaty making by Indigenous peoples within Canada, and survey present-day treaty law. Treaty 6 will serve as the center of the examination during this course. We will also explore treaties between Indigenous nations, as well as modern-day agreements between the Crown and Indigenous peoples.
    Indigenous legal and constitutional theories will provide a foundation for the above examination.

    Special Comments:

    Required Texts (if any):

    John Borrows & Michael Coyle (eds.) The Right Relationship: Reimagining the Implementation of Historical Treaties (Toronto: University of Toronto Press, 2017)
    Harold Johnson, Two Families: Treaties and Government (Vancouver: UBC Press, 2017)
  • LAW486 Jurisprudence (Lund)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Anna Lund

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The methods of evaluation in this course will comprise the following:
    - 20% for class participation, broken down as follows:
    o 10% for participation in class
    o 10% for participation in an on-line discussion of course readings
    - 80% for research project selected in consultation with the instructor, broken down as follows:
    o 10% for class presentation on student’s research project
    o 70% for final research project

    Course Description:

    The state of access to justice in Canada is abysmal – and getting worse. Inaccessible justice hurts us all, as the growing number of middle-class Canadians who suffer from it can attest, but its harshest consequences are visited upon the poorest and most vulnerable people in our communities.
    “Reaching Equal Justice – Executive Summary” – CBA Access to Justice Committee (2013)
    [Joshua Browder] created an interactive website, known as a chatbot, that starts with a user’s complaint, asks a series of questions, and summarizes the answers into legal documents, all for free. Since hiring a lawyer for even the most basic legal needs can cost hundreds of dollars, Browder’s technology has led to him being dubbed a Robin Hood of the law.
    “Entrepreneur launches Robot Lawyer chatbot in four Canadian cities” Joanne Lee Young, Vancouver Sun (2017)
    A Victoria lawyer has a blunt solution to the backlogs in B.C.'s court system and the inability for some to afford legal representation: make his colleagues work for free.
    “Make lawyers work for free to solve access-to-justice issues, Victoria lawyer says” CBC News, (2018)
    The term access to justice gets used a lot. It is considered to be a serious issue facing Canadian society. It is cited as the rationale for numerous initiatives and innovations by the legal profession. But what do we mean when we talk about access to justice, why is it such a serious issue, and how can it be addressed? This course will explore the topic of access to justice by delving into the following questions:
    • What does it mean to provide individuals and communities with access to justice?
    • How big a problem is the lack of access to justice in Canada? What are the costs to individuals and Canadian society of failing to provide meaningful access to justice?
    • What obstacles prevent people from accessing justice? E.g., cost, distance (physical and social), lack of legal literacy, systemic bias.
    • What solutions might address the access to justice problem? E.g. technological innovation, legal aid, mandatory pro bono, legal education reform.

    Required Texts (if any):

    Readings will be made available through TWEN and will be selected to expose students to a range of different types of legal writing including academic articles, book excerpts, case law, legislation, reports, policy documents, and legal agreements.
  • LAW486 Jurisprudence (Nichols)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Joshua Nichols

    Course credit:

    3

    Method of presentation:

    Lecture/seminar

    Method of Evaluation:

    This course is to be assessed through the following means:
    Class Participation 5%
    Presentation 20%
    Paper Proposal (500 words) 5%
    Research Paper (3000 words) 70%

    Course Description:

    TBA

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBA
  • LAW486 Jurisprudence: The Rule of Law - FALL 2019 (Nye)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Hillary Nye

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Evaluation will be by a final paper worth 80% and class participation worth 20%.

    Course Description:

    What is law? And what does it mean to be ruled by law? In this course we will explore these intertwined questions from a philosophical perspective. Throughout, our concern will be the normative problem of how to structure our social relationships in ‘legal’ form. The core of the Rule of Law is the idea that citizens must be able to plan and order their behavior, and know what the legal implications of their actions will be. We will examine competing versions of the Rule of Law, comparing formal, procedural, and substantive accounts. A fundamental dilemma for the Rule of Law is that it seems to pull us in two different directions: that of predictability and that of justice. Sometimes these values line up, but when they don’t, what value do we choose to uphold? Does the Rule of Law require strict adherence to previously established rules? Or does it permit us to sacrifice predictability for the sake of justice? We explore these questions through philosophical writings as well as by looking at how courts have in practice constructed the Rule of Law in their jurisprudence.

    Special Comments:

    Required Texts (if any):

    No textbook required. Readings will be posted to TWEN.
  • LAW486 Jurisprudence: Equality and Section 15 - WINTER 2020 (Nye)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Hillary Nye

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Evaluation will be by a final paper worth 80% and class participation worth 20%.

    Course Description:

    One of law’s fundamental promises is to treat us as equals. In this course we will examine what equality means and what it demands of our institutions. We explore this question first through the philosophical literature on egalitarian theory and distributive justice, to gain a critical understanding of what it is that we think should be equalised: do we want equal respect, equal goods, equal opportunities, equal wellbeing, or equality along some other dimension? We then turn to Canadian case law surrounding Section 15 of the Charter, which enshrines a right to equality. We will examine key Section 15 cases and bring to bear philosophical perspectives from the first half of the course on the court’s jurisprudence.

    Special Comments:

    Required Texts (if any):

    No textbook required. Readings will be posted to TWEN
  • LAW486 Jurisprudence (Ogbogu)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Dr. Ubaka Ogbogu

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    1. Reflection Paper: 50%
    2. Participation Journal: 25%
    3. Reading Journal: 25%

    Course Description:

    “As prime custodians of the ‘is’ and the ‘ought’ of human experience, science and the law wield enormous power in society. Each plays a part in deciding how things are in the world, both cognitively and materially; each also helps shape how things and people should behave.” (Sheila Jasanoff, “Making Order: Law and Science in Action” in Edward J Hackett, Olga Amsterdamska, Michael Lynch & Judy Wajcman, eds, The Handbook of Science and Technology Studies, 3d (Cambridge: MIT Press, 2008) 761 at 767.)
    A theoretical examination of points of confrontation between law and science, with a focus on legal and philosophical concepts that define, shape and regulate interactions between both institutions in contemporary society. Drawing mainly from the field of science and technology studies, and Canadian, U.S., and U.K. legal doctrine, the course examines the events, debates and philosophies that shape the interface of law and science in liberal democratic states. The aims of the course are to engage students in a critical analysis of the role that law plays in regulating and influencing scientific concepts and norms, and vice versa, and to provide an opportunity for reflection on the various ways that two of society’s foremost social institutions interact with and shape social and political cultures.

    Special Comments:

    This class utilizes collaborative learning strategies, which require that students independently read and analyze course materials and actively participate in classroom discussions. If you are not open to independent learning and active participation in a classroom setting, I suggest you find another class.

    Required Texts (if any):

    N/A
  • LAW486 Jurisprudence (Pavlich)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    George Pavlich

    Course credit:

    3

    Method of presentation:

    Lectures, seminars and participant-led presentations

    Method of Evaluation:

    A combination of final essay and other evaluations.

    Course Description:

    The aim of the course is twofold: to introduce participants to influential jurisprudential, sociological, 'law and society' and socio-legal formulations of law; and, to encourage critical reflections on recent understandings of law as a product of underlying power relations. As such it provides a critical introduction to selected jurisprudential and socio-legal approaches to law. Through careful reading and discussion, participants are encouraged to consider the merits and problems of approaching law as an autonomous domain, as a social product, or as an effect of moving power and cultural relations.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    A list will be provided.
  • LAW486B Jurisprudence: Interpretation (Szigeti)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Péter D. Szigeti

    Course credit:

    3

    Term:

    Fall 2019

    Maximum enrollment:

    25

    Method of presentation:

    Seminar

    Method of Evaluation

    Evaluation will consist of class participation, presentations and a paper – final weighting is yet to be determined.

    Course Description:

    Lawyers get a bad rep for twisting words and creating meanings out of whole cloth. But is it true that a skilled lawyer can interpret any provision, any way she would like to? Or to the contrary, are lawyers merely the humble servants of the laws, textually constrained to follow precedent and legislative intent? For all the interpretive work you do in law school classes, you may not have encountered too much reflection on what interpretation is, what are its methods, and when and why is it necessary.
    This class will bring philosophical and linguistic perspectives to questions of interpretation. How can we speak systemically about the need for, and abuse of, interpretation? We will start off with the relationship between interpretation and the rule of law: how far must people know and understand the laws they are ruled by, in order to consent to them and live by them? This immediately brings up the question whether there is a need for interpretation, or whether laws can be crystal clear, having only one possible interpretation. Linguistic theories on ambiguity, vagueness, metaphoric speech and sentence structures will be considered to answer this question, and supplemented by texts on structure and boundaries by philosophers, social theorists and cognitive scientists. We will further consider what makes cases “easy” or “hard”, when is ambiguity a blessing or a virtue, whether (and under what conditions) AI could make a good judge, and what considerations of political strategy and trust do to interpretive methods.

    Special Comments:

    Required Texts (if any):

  • LAW486 Jurisprudence (Ziff)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Bruce Ziff

    Course credit:

    3

    Method of presentation:

    Lecture/seminar

    Method of Evaluation:

    (PROVISIONAL ONLY)
    Class participation – 15% to 25%
    Presentation – 15% to 25%
    Paper – 50% to 70%
    Note: Students can select the weightings within the ranges described above.

    Course Description:

    The objective of this course is to introduce and critique some fundamental aspects of legal theory, as explored within the context of the law of property.
    More specifically, the course will focus on the essential and various contested features of legal positivism, natural rights theory, utilitarianism, liberalism, law and economics, legal realism, and feminisms. These (and possibly other) theoretical perspectives will be employed to interrogate issues relating to the justifications for private property, and other topics of interest to the class.
    It is hoped, therefore, that at the end of the course, you will be armed with a set of heuristics with which to analyze property law doctrines, as well as other areas of law, especially private law.

    Special Comments:

    Students will have input into the selected topics.

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Readings will be posted on TWEN.
  • LAW496 Legal History (Muir)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor James Muir

    Course credit:

    3

    Method of presentation:

    Seminar / Other

    Method of Evaluation:

    Small writing assignments: 40%
    Participation: 40% (see Course Description below for details) Moot: 20%

    Course Description:

    This is a course on the constitutional history of Canada, taught primarily through games and seminars, with short lectures and some other media. The first half of the course deals with Confederation; the second half with Patriation. Students will leave the course with a deeper understanding of the contents of the constitution and the law, history and politics of Canadian constitution-making.
    During the games, students will write and negotiate elements of the constitution, representing the parties at the 1864 Quebec Conference and 1981 Patriation conference. At the conclusion of each half, some of the students will moot an issue arising from the constitution of the era.
    No prior knowledge of Canadian history or politics is expected or necessary.

    Special Comments:

    Required Texts (if any):

  • LAW501 Biotechnology Policy (Caulfield)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Timothy Caulfield

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The primary method of evaluation in this course is a paper worth 80% of the grade. In addition, there will be group presentations on topic issues (20%).

    Course Description:

    This class will explore the policy challenges associated with emerging biotechnology innovations, including stem cell research, human cloning, gene patents and bio-banking. Though I will cover and compare relevant national and international law, the emphasis will be on ethical and policy issues, such as the difficulty of making laws on controversial topics in pluralistic societies. The class will be a mix of lecturing and group discussion. It is hoped that the class with be informative, provocative and interesting.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    N/A
  • LAW502 Construction Law (Mavko & Taitinger)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Tim Mavko & Jeremy Taitinger

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation for this course is a closed-book examination worth 100% of the grade.

    Course Description:

    An introduction to construction law, including a review of tendering, common contractual relationships (owner-architect, owner-contractor, contractor-subcontractor); common construction delivery systems (design-bid build, design build, construction management, lump sum, cost plus, unit price, guaranteed maximum price) and review of standard construction forms; bonding and insurance; tort law and duties owed (architect to owner, architect to contractor, architect to third parties; contractor to owner; contractor to third parties; subcontractor obligations); builder’s lien law and legislation; occupational health and safety law and environmental law as they relate to construction.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructors for any specific questions you may have related to this particular course section.

    Required Texts (if any):

  • LAW503 Employment Law (Adams)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Eric Adams

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an exam worth 100% of the grade. Examination will be OPEN BOOK

    Course Description:

    Demotions, down-sizing, right-sizing, severance packages, early retirements, and discrimination - individual employers and employees are turning to lawyers for advice on these issues with increasing frequency. In a non-union context, these are called Employment Law issues. In contrast, Labour Law issues arise from union activity and the collective bargaining process.
    This course complements the Labour Law course by providing you with the theoretical and practical tools necessary to advise clients on Employment Law issues. We will examine such fundamental legal concepts as employee, employer, independent contractors, employment contract, just cause, wrongful dismissal, constructive dismissal, and entitlement to damages. We will review the relevant statutes which impact on the employment relationship including the Employment Standards Code, the Human Rights, and the Citizenship and Multiculturalism Act. We will explore developing issues such as the protection of confidential information, duty of good faith, discrimination and post employment obligations such as restrictive covenants.

    Special Comments:

    The description for this course has not been updated from a previous year (2013-2014). The information shown may or may not have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    N/A
  • LAW503 Employment Law (Scott & Lemon)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Karen Scott & Kelli Lemon

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The primary method of evaluation in this course is an exam worth 100% of the Grade.
    Examination will be CLOSED BOOK

    Course Description:

    Demotions, down-sizing, right-sizing, severance packages, early retirements, privacy issues and discrimination - individual employers and employees are turning to lawyers for advice on these issues with increasing frequency. In a non-union context, these are called Employment Law issues. In contrast, Labour Law issues arise from union activity and the collective bargaining process.
    This course will provide you with the theoretical and practical tools necessary to advise clients on Employment Law issues. We will examine such fundamental legal concepts as whether one is defined as an employee, employer, or contractor (and what that means), investigate the impacts of provisions regularly found in employment contracts, and consider what constitutes just cause, wrongful dismissal, constructive dismissal and entitlement to damages. We will review the relevant statutes which impact the employment relationship, including the Employment Standards Code and the Alberta Human Rights Act. We will explore developing issues such as the protection of confidential information, an employee’s duty of good faith, discrimination in the workplace and post-employment obligations such as restrictive covenants.

    Special Comments:

    Required Texts (if any):

    N/A
  • LAW504 Taxation Law (Sprysak)

    Prerequisite courses:

    None

    Prerequisite for:

    International Taxation (LAW 603) / Estate Planning (LAW 660) / Corporate Taxation (LAW 665)

    Instructor(s):

    Professor Chris Sprysak

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The method of evaluation in this course is a mid-term exam worth 30% of the Grade and a final exam worth 70% of the Grade.
    Students will be allowed to bring into the exam the Income Tax Act (without written annotations), one page (double-sided) of notes, and a non-programmable calculator. Students will also be provided with a copy of the Detailed Course Outline with their examination.

    Course Description:

    This is the first and most introductory of the taxation courses offered by the Faculty. As such, it will introduce the subject of taxation and its basic principles, concepts and policies and will serve both as a stand-alone course and as a basic foundation upon which further tax knowledge and strategies will be built. While not exclusively, the course will focus on the taxation of individuals. It will be taught under the assumption that most students will not be practicing tax law once graduating from law school. The course will also take some of the basic principles learned therein and specifically apply them to other areas of legal practice such as: criminal law, employment law, family law, wills and estates, trusts and debtor-creditor law (subject, of course, to time constraints). The knowledge gained in this course will hopefully be invaluable to all students, regardless of their ultimate field of interest and area of legal practice.

    Special Comments:

    None

    Required Texts (if any):

    None
  • LAW506 Public International Law (Harrington)

    Prerequisite courses:

    None

    Prerequisite for:

    Jessup International Law Moot; recommended for other “international” courses

    Instructor: Professor Joanna Harrington

    Course credit:

    3

    Method of presentation:

    lecture

    Method of Evaluation:

    A mid-term examination (20%) and a final examination (80%). The mid-term examination provides an opportunity for students to receive feedback, during the term, on their understanding of key concepts.

    Course Description:

    This course is a foundational course in “Public International Law”, also known as “International Law”. What you learn in this course helps provides a foundation for learning more about international trade, international criminal law, bilateral investment treaties, international human rights law, international environmental law etc.
    International law is an entire field or system of law, separate from, but relevant to, domestic law (national law). International law is concerned with the rules, principles, practices, and procedures that regulate the interaction between countries, and between countries and international organizations, and in some situations, between countries and persons (legal and natural). International law is a field of increasing importance given the internationalization of legal practice in Canada and elsewhere. Lawyers dealing with people, transactions, and property in multi-jurisdictional scenarios need to understand the basics of public international law. That’s why when Harvard Law School underwent a sweeping reform of its first year curriculum, it required students to take a course in either international law, international economic law, or comparative law.
    The aim of this course is to cover the key concepts, rules, and key institutions of the field of international law. The course appeals to those looking for just one course in international law to round out their J.D. program, as well as to those wanting to sequence their courses so that have a foundation before taking advanced courses in international areas such as international criminal law, international human rights law, etc. LAW 506 is a prerequisite (and in a pinch, a co-requisite) for the Jessup International Law Moot Competition.
    As for specific topics covered, the course outline and schedule of topics and readings is posted to the TWENsite for this course in advance of the beginning of term. The TWENsite also provides 24/7 access to past exams, past feedback on exams, and other learning aids.
    REQUIRED TEXT:
    John H. Currie, Craig Forcese, Joanna Harrington & Valerie Oosterveld, International Law: Doctrine, Practice, and Theory, 2nd ed. (Toronto: Irwin Law, 2014)
  • LAW506 Public International Law (Reif)

    Prerequisite courses:

    None

    Prerequisite for:

    Jessup International Law Moot; recommended for other “international” courses

    Instructor: Professor Linda C. Reif

    Course credit:

    3

    Method of presentation:

    lecture

    Method of Evaluation:

    The primary method of evaluation in this course is a case comment (10 to 12 pages) worth 50% of the grade due mid-term.
    The remainder of the grade in the course will be made up of: a 1 hour final exam worth 40% of the grade (open book) and class participation worth 10% (involving submission of a short written class participation record at the end of term).

    Course Description:

    This course is designed as a foundational introduction to the field of public international law, the system of law regulating the relations between states and other actors with international legal personality, primarily international organizations. Increasingly, Canadian domestic law implements Canada’s international obligations. Accordingly, knowledge of public international law is important for Canadian lawyers both in Canadian law practice and for working abroad and on the international level. This course will cover the core areas of public international law, and will place emphasis on current issues of particular relevance to Canada. Lectures on conducting international law research, case comment structure and writing techniques will be provided at the end of the first month to enable students to enhance their legal research and writing skills.
    The course will be of interest both to students interested in just one course in international law and those wishing to take more specialized international law courses later and/or the Jessup International Law Moot Competition.
    The course will cover the following topics:
    1) Introduction to public international law (structure, history);
    2) Sources of international law;
    3) Subjects of international law and other international actors;
    4) Domestic application of international law in the Canadian legal system;
    5) Limitation of the use of force, UN peacekeeping and complex UN Charter Ch. VII missions;
    6) State jurisdiction;
    7) State immunities;
    8) Introduction to international human rights law;
    9) Introduction to international environmental law.
    REQUIRED TEXT:
    Latest edition of International Law: Chiefly as Interpreted and Applied in Canada and Documentary Supplement (Emond, should be 9th ed in 2018-2019).
  • LAW507 Canadian Human Rights Law (McDaniel)

    Prerequisite courses:

    None (Employment Law or Labour Arbitration recommended)

    Prerequisite for:

    Instructor(s):

    Leah McDaniel

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The method of evaluation in this course has three components:
    The first is a mid-term exam worth 35% of the final grade.
    The second is a written legal opinion (maximum 10 pages) worth 50% of the final grade.
    The third is a 5-minute oral presentation explaining the legal opinion to the class worth 15% of the final grade.

    Course Description:

    This is an introductory course on Canadian human rights law. Although s. 15 of the Charter and broader international human rights principles may be referred to during lectures for contextual purposes, this course will focus on the concepts and body of jurisprudence emerging human rights legislation across Canada.
    Topics addressed in the course include:
    - Protected grounds of discrimination – what are they and what do they mean? (with a discussion on the recent legislative amendments to include gender expression and gender identity)
    - Protected areas of discrimination: employment, job applications, services customarily available to the public, tenancy, hate speech
    - Prima facie discrimination – what is the test now and how has it evolved, what are the implications of these changes, what is the standard of proof
    - Bona fide occupational requirement and duty to accommodate Remedies under human rights legislation
    Human rights tribunal hearings and judicial review

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Alberta Human Rights Act, RSA 2000, c A-25.5 (available online)
    Canadian Human Rights Act RSC 1985 (available online)
    A list of cases and reading outline will be provided on the first day of class. Students may access cases through the legal database of their choice. A PDF copy of all required reading material will be uploaded on TWEN.
  • LAW507 Canadian Human Rights Law (Paradis)

    Prerequisite courses:

    Administrative Law

    Prerequisite for:

    Instructor(s):

    Patricia Paradis

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Course evaluation is based on a Legal Opinion, worth 85% of the grade, and on class participation which is worth 15% of the grade. Papers are to be no more than 20 pages in length, double spaced, with 1 inch margins and footnotes. Failure to complete an assignment by the specified time and deadline will result in a one grade reduction (e.g. from a B to a B-) for each 24-hour period, or portion thereof, that the assignment is late.

    Course Description:

    In this course students learn how to establish and defend a prima facie case of discrimination. They examine the international and domestic contexts within which our Canadian human rights frameworks were developed and the ways in which international and domestic human rights laws interact. Students examine the effectiveness of various legal frameworks to address human rights issues. The course encourages dialogue about human rights as well as exploration of current human rights issues. Students learn to distinguish between rights protected in human rights legislation and the Charter and between national and provincial human rights legislation. Lecture, class discussion, guest speakers.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBA
  • LAW509 Mediation Advocacy (Kobewka & Hilborn)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Sid Kobewka and Rick Hilborn

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    10% Class Participation
    25% Reflective Journal
    65% Mock Mediation and Associated Assignments

    Course Description:

    Mediation is a problem solving process that requires a lawyer to adopt a different approach than might be used in the traditional litigation process. This course teaches the mediation process from the advocate’s perspective and provides an opportunity for the student lawyer to practice those skills necessary to become an effective advocate at mediation. Along with lectures, classroom discussion and demonstrations, students will:
    1. Use realistic fact situation to learn how to prepare themselves, their clients and their case for mediation;
    2. Discuss what to consider in the selection of a mediator;
    3. Examine which terms should be included in a mediation agreement;
    4. Learn what should (and should not) go into a mediation plan, and mediation brief;
    5. Practice advocacy skills in a number of mock mediations and skill development exercises; and
    6. Discuss what to do after the mediation process has concluded.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Marth E. Simmons. Mediation: A comprehensive Guide to Effective Client Advocacy (Toronto: Emond Montgomery Publications, 2016)
    Roger Fisher & William Ury. Getting to Yes: Negotiating Agreement Without Giving In, 2nd ed. (New York: Penguin Books, 1991)
  • LAW 511 Remedies (Lavoie)

    Prerequisite courses:

    N/A

    Prerequisite for:

    Instructor(s):

    Professor Malcolm Lavoie

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% Final Exam

    Course Description:

    How should wrongs be righted? What is the proper role of a court in responding to a successful claim? Should a court simply seek to uphold the rights of the plaintiff, or are other factors relevant to determining what remedy to grant? In what circumstances should courts exercise discretion in granting remedies? How can the loss of something without a market value (like a limb) be translated into a monetary award? How does a court assess damages for something a party didn’t do (like fulfill the terms of a contract)? What are courts trying to achieve when they set damage awards? What are the proper limits of a court’s coercive powers?
    These are some of the questions we will confront in this course, which deals with the law governing judicial remedies, with a primary emphasis on private law disputes (ie. property, contract, tort, and unjust enrichment). Topics will include: damages, specific performance, injunctions, restitution for unjust enrichment, and remedies for the breach of Aboriginal proprietary interests.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBD
  • LAW512 Techniques in Negotiation (Kash)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Brian Kash

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Techniques in Negotiation is a graded course that will be marked in accordance with the rules and regulations of the University of Alberta. Students will be evaluated on the following basis:
    1. Reflective Journals (5) 20%
    2. Paper 40%
    3. Paper presentation 15%
    4. Personal Statement ( start of course) 10%
    5. Personal Statement ( end of course) 15%

    Course Description:

    Your negotiation outcomes are an extension of your life conversations. We will examine this course topic from the point of view of conducting an analysis of the nature, purpose and function of the negotiator and your relationship to the negotiation. There is nothing ‘mock’ about this course. We will engage in exercises that give you insight into using the techniques used in negotiation and how they affect an outcome. Also why few negotiations yield the outcome the parties really wanted or needed. Not for the faint of heart, nor for fence sitters.
    Ethical issues that may arise in various Techniques of Negotiation will also be discussed.
    This course has also been designed to provide information that the students will implement straight away, enhance communication skills and techniques that will be helpful not only in formal negotiations but also in everyday interactions and civic processes.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    N/A
  • LAW514 Judgment Enforcement (Buckwold)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Tamara Buckwold

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% open book final examination

    Course Description:

    One of the important considerations in the pursuit of litigation is the likelihood that a potential judgment or order for the payment of money will be satisfied. Such a judgment or order does not in itself enable the successful claimant to reach the financial resources or property of the defendant or respondent in the proceedings. The enforcement of a judgment for the payment of money entails resort to the specialized system of law that constitutes the subject of this course. The judgment enforcement system is of particular importance to unsecured creditors who, in the event of their debtors’ failure or refusal to satisfy their debts, have no immediate rights in or to their debtors’ property. The main focus of this course is provincial judgment enforcement law, represented by the Alberta Civil Enforcement Act. Topics will include:- Debt collection practices - Prejudgment remedies - The writ of enforcement: registration and priority - Enforcement against personal property - Enforcement against land - Garnishment - Special remedies (receivership and other) - Distribution of proceeds of enforcement - Procedure for the enforcement of foreign judgments (time permitting). Since a judgment can only be enforced against the property of the judgment debtor, a relevant issue in the process of judgment enforcement may be the possibility of recovering property that has been transferred by the judgment debtor to someone else. Accordingly, the course also examines provincial fraudulent conveyance and fraudulent preference law.

    Special Comments:

    The description for this course has not been updated from a previous year (2016-2017). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Judgment Enforcement Law Cases and Materials 2016 (Buckwold) posted on TWENJudgment Enforcement Law Statutory Materials 2015
  • LAW518 Intellectual Property (Hutchison)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Cameron Hutchison

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Final Exam (Open Book)

    Course Description:

    Intellectual Property Law 518 is a survey course of the Canadian law of intellectual property, particularly copyright, industrial designs, passing off, trade-marks, confidential information and patents. The course surveys keys legal concepts and issues in each of these areas by looking at the relevant statutes and case law. Importantly, coverage in this course is weighted heavily toward copyright law.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Hagen, Hutchison, Lametti, Reynolds, Scassa & Wilkinson (eds.), Intellectual Property Law in Canada: Cases & Materials (Emond Montgomery, 2013) Hutchison, Digital Copyright Law (Irwin Law, 2016)
  • LAW518 Intellectual Property (McDonald & Yoo)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Ted Yoo / Robert D. McDonald

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is two RESEARCH PAPERS, each worth 45% of the grade. Each paper shall be at least 10 pages in length, with standard spacing, margins and font, excluding a required bibliography. The remainder of the grade in the course will be made up of class attendance and participation worth 10%.

    Course Description:

    A study of the legal concepts of Intellectual Property including: Patent, Copyright, Industrial Design, Trademark and Trade Secrets.
    Discussion of the practical aspects of implementation of Intellectual Property concepts including: formal and informal protection of Intellectual Property, licensing and enforcement and remedies.

    Special Comments:

    Required Texts (if any):

  • LAW519 Insurance Law (Billingsley)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Barbara Billingsley

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students will be evaluated by a final examination worth 100% of the final grade. The examination will be OPEN BOOK.

    Course Description:

    This course examines the basic principles of insurance law, focusing on the application of these principles in the context of automobile insurance, property insurance and life insurance in Alberta.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Cases & Materials (B. Billingsley)(available on-line)

    Specified statutory materials and standard contract provisions (available on-line)

  • LAW519 Insurance Law (Cripps & Peterkin)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Carman D. R. Cripps and Aaron Peterkin

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students will be evaluated by a final examination worth 100% of the final grade. The Examination will be OPEN BOOK.

    Course Description:

    This course examines the basic principles of insurance law, focusing on the application of these principles in the context of automobile insurance, property insurance and life insurance in Alberta.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Cases & Materials (B. Billingsley), available online
    Specified statutory materials and standard contract provisions, available online.
  • LAW519 Insurance Law (Pratt & Paetz)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Christine Pratt & Leslie Paetz

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students will be evaluated by a final examination worth 100% of the final grade. The examination will be CLOSED BOOK, except for limited statutory material and standard contract provisions stipulated by the instructors. Students will also be provided with a copy of the Table of Contents from the casebook for the purposes of the examination.

    Course Description:

    This course examines the basic principles of insurance law, focusing on the application of these principles in the context of automobile insurance, property insurance and life insurance in Alberta.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Cases and materials (available from the bookstore).
    Specified statutory materials and standard contract provisions (available on-line).
  • LAW 520 Criminal Procedure (Aloneissi & O’Neill)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Bob Aloneissi,Q.C. and Edmond O’Neill

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Evaluation will be based on a final examination that will be worth 100% of your grade. The exam will be open book.

    Course Description:

    This course will provide students with an overview of both the investigative and the adjudicative phases of the Canadian criminal process. The investigative phase starts with an exploration of police authority to detain, search, seize, question and arrest will all be considered in detail. Special attention will be given to the limitations imposed on each of these powers by the Canadian Charter of Rights and Freedoms. The course will then shift to a consideration of the adjudicative phase of the criminal procedure after charges are formally brought, including intake procedures, bail, disclosure (the effects of non-disclosure and/or lost evidence), election and plea, preliminary inquiries, the right to trial within a reasonable time and plea bargaining. The course will then focus on the trial, including trial venue, jury selection and trial procedure. The exclusion of unconstitutionally obtained evidence under the Charter, as well as the availability of other constitutional remedies, will also be addressed.

    Special Comments:

    Please contact the instructor for any specific questions you may have related to this particular course section.
    REQUIRED TEXTS:
    • Penney, Rondinelli & Stribopoulos, Criminal Procedure in Canada, Second Edition (2018)
    • Criminal Code and related statutes
    • Assigned cases
    Having a Criminal Code is strongly recommended for the final exam. You may choose to purchase a Criminal Code from the bookstore or another vendor (annotated or un-annotated).
  • LAW520 Criminal Procedure (Penney)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Steven Penney

    Course credit:

    3

    Method of presentation:

    Other

    Method of Evaluation:

    Option One: 100% final examination

    Option Two: Research paper + final examination (if paper mark is higher than exam, each will be worth 50%; if not, exam will be 100%)

    Course Description:

    This course will provide students with an overview of the criminal process, including the rules of constitutional criminal procedure developed by the courts under the Charter. The course will be “flipped”; that is, core concepts will be relayed before class via the textbook and podcasts and class time will be devoted to review, problem-solving, and concept elaboration.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Penney, Rondinelli & Stribopoulos, Criminal Procedure in Canada, 2nd edition (2018)
  • LAW522 Advocacy in Sentencing (Moreau)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Paul Moreau

    Course credit:

    3

    Method of presentation:

    Lecture / Other

    Method of Evaluation:

    25% course project (see special comments) 25% short written assignment
    50% major written assignment/ major moot court/advocacy exercise

    Course Description:

    Students in this course will receive a comprehensive overview of the law of sentencing in Canada, with a view to developing the knowledge and practical skills necessary to conduct an effective sentencing hearing. The course will begin with a brief historical review of the concept of punishment and the philosophical underpinnings of sentencing law, which continue to resonate within current approaches today. The focus will then shift to consider the interplay between legislative and judicial approaches to sentencing, with reference to evidentiary rules governing sentencing hearings, and the substantive principles of adult and young offender sentencing. The course will integrate written components (case preparation, involving analysis of substantive issues, identification of procedural requirements and development of an oral and written sentencing strategy) with oral advocacy exercises. The final written assignment will require students to draw upon knowledge and skills developed during the course to prepare a “sentencing book” in response to a disposition brief.

    Special Comments:

    25% course project: group project (in conjunction with the Alberta Court of Appeal), to collate starting-point, and guideline cases into a comprehensive resource tool for practitioners
    The description for this course has not been updated from a previous year (2018-2019). Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Clayton C. Ruby, et al. Sentencing, 8th ed. (Markham: LexisNexis Canada Inc., 2012)
  • LAW524 Family Law (Friedland)

    Prerequisite courses:

    Prerequisite for:

    Family Law Practice Issues (LAW602)

    Instructor(s):

    Professor Hadley Friedland

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Final Exam (Open Book) - 100%

    Course Description:

    This is the main substantive course in family law and is intended to cover most issues faced by family law practitioners from both a theoretical and practical perspective. Students will cover the following issues in class:
    - Formation and Definitions of Marriages, Common-law and same sex unions and Parent-Child Relationships,
    - Alternative Dispute Resolution and Procedural aspects of Family Law in Alberta,
    - Contracts and Agreements in a Family Law context,
    - Separation and Divorce,
    - Custody and Parenting of children,
    - Child and Spousal Support,
    - Division of Assets for Married and Unmarried Couples
    - Social Context and Special Issues in Family Law.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Julian Payne and Marilyn Payne, Canadian Family Law, 6th ed. (Toronto, Ontario: Irwin Law, 2015).
    Casebook.
  • LAW524 Family Law (Gordon & Johnson)

    Prerequisite courses:

    Prerequisite for:

    Family Law Practice Issues (LAW 602)

    Instructor(s):

    Professor Marie Gordon, QC & Lori Johnson

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 70% of the Grade.
    The remainder of the grade in the course will be made up of:
    1 assignment worth 30% involving mandatory attendance at a Special Family Law Chambers application and preparation of written assignment
    Examination will be: CLOSED BOOK

    Course Description:

    This is the main substantive course in family law, and is intended to cover most issues faced by family law practitioners from both a theoretical and practical perspective. Students will cover the following topic areas in class, using statutory materials and a casebook:
    -Essential validity of marriage/Marriages at common law/ Same -Sex Unions
    -Alternative Dispute Resolution and Procedural aspects of family law in Alberta
    -Contracts and Agreements in the Family Law context
    -Social Context of Divorce
    -Divorce
    -Custody/Parenting of Children
    -Child and Spousal Support
    -Division of Assets for married and unmarried couples
    -Appeals/Parties

    Special Comments:

    Required Texts (if any):

    Casebook.
  • LAW524 Family Law (Jansen)

    Prerequisite courses:

    Prerequisite for:

    Family Law Practice Issues (LAW 602)

    Instructor(s):

    Stephanie Jansen

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course will be an examination worth 50% of the Grade. This examination will be closed book.
    The remainder of the grade in the course will be made up of:
    25% - one written essay assignment
    25% - preparation of pleadings for and attendance to Family Law Chambers

    Course Description:

    The practice of Family Law requires unique skills. It demands a proficiency in a combination of substantive legal knowledge, emotional intelligence, and negotiation skills. Students in this class will cover the following topic areas in class, using caselaw, statutory materials, and supplementary readings.
    The validity of marriage, including common law and same sex couples;
    Family Law options outside of litigation;
    Contracts: Prenuptial Agreements, Postnuptial Agreements, and Cohabitation Agreements;
    Divorce and its far-reaching effects;
    Parenting;
    Child Support;
    Spousal Support;
    Matrimonial Property Division;
    Preparation for Court Applications.
    Course will include some guest speakers.

    Special Comments:

    Required Texts (if any):

  • LAW524 Family Law (Johnson & Mackay)

    Prerequisite courses:

    Prerequisite for:

    Family Law Practice Issues (LAW 602)

    Instructor(s):

    Lori Johnson & Michelle Mackay

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 70% of the Grade.
    The remainder of the grade in the course will be made up of:
    1 assignment worth 30% involving mandatory attendance at a Special Family Law Chambers application and preparation of written assignment
    Examination will be: CLOSED BOOK

    Course Description:

    This is the main substantive course in family law, and is intended to cover most issues faced by family law practitioners from both a theoretical and practical perspective. Students will cover the following topic areas in class, using statutory materials and a casebook:
    -Essential validity of marriage/Marriages at common law/ Same -Sex Unions
    -Alternative Dispute Resolution and Procedural aspects of family law in Alberta
    -Contracts and Agreements in the Family Law context
    -Social Context of Divorce
    -Divorce
    -Custody/Parenting of Children
    -Child and Spousal Support
    -Division of Assets for married and unmarried couples
    -Appeals/Parties

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Casebook.
  • LAW526 Independent Research Paper (Any full-time professor in the Faculty of Law)

    Prerequisite courses:

    Depends on the professor

    Prerequisite for:

    None

    Instructor(s):

    Any full-time professor in the Faculty of Law

    Course credit:

    3

    Method of Evaluation:

    The primary method of evaluation is a research paper of 8,000 to 10,000 words in length. This length is stipulated in the University Calendar.

    Course Description:

    The LAW 526 course provides selected students with the opportunity to undertake an independent research project on an approved topic under the direct supervision of a full-time member of the Faculty of Law, resulting in the submission of a research paper of 8,000 to 10,000 words in length (inclusive of footnotes or endnotes). In addition to advanced knowledge, the independent research paper course is designed to enhance problem solving skills, legal research methodologies and techniques, and legal writing and communication skills. Material submitted for assessment in another course cannot be used in an independent research project. Interested students are encouraged to review the profiles of faculty members on the Faculty’s website to learn more about their various areas of interest and expertise. Contact faculty members directly to discuss the possibility of supervising an independent research paper. The topic for the research paper must be approved by the supervising professor.
    Ideas for paper topics can be generated from summer work with a law firm or government department, or from volunteer work with a non-profit or charitable organization. Some students have used their LAW 526 independent research papers to develop a writing sample to accompany a job application. Others have used the LAW 526 course as an opportunity to refresh their legal research skills in third year before entering practice, in essence, treating LAW 526 as an advanced LRW course. The LAW 526 course can also be used as an opportunity to write a legal research paper to submit to an essay writing competition, such as the Holocaust Remembrance Essay Award hosted by the Faculty of Law, the William Morrow essay competition hosted by the Alberta Law Review, the Allan Falconer Memorial Student Essay Competition in Family Law hosted by the University of British Columbia, the Law School Essay Contest in Environmental, Energy and Resources Law offered by the Canadian Bar Association, and the Sword and Scales competition offered by the military law section of the Canadian Bar Association (CBA). For those with the desire to add a publication to their résumés, there are several law journals in Canada aimed at publishing student-authored work.
    Students will be registered in this course upon receipt of a signed “Research Paper Form”, found in the “Forms Cabinet” at: https://www.ualberta.ca/law/current-students/academic-resources/forms-cabinet
  • LAW530 Health Care Ethics & the Law (Nelson)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Erin Nelson

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The primary method of evaluation is a paper worth 75% of the grade. The other 25% of the grade will be based on class participation.

    Course Description:

    In this course, students will develop an understanding of health law and health care ethics, and of the relationship – and tensions – between law and ethics in the health care context. Topics covered will include allocation of health care resources, physician-assisted suicide and euthanasia, organ donation, assisted reproductive technologies, medical tourism and research involving human subjects. Students’ attention will be directed to the tension between autonomy and paternalism that informs many of the issues that we will consider throughout the course.

    Special Comments:

    Required Texts (if any):

    Materials for this course will be made available on the course TWEN site.
  • LAW531 Law and Medicine (Nelson)

    Prerequisite courses:

    Tort Law (LAW 430)

    Prerequisite for:

    Instructor(s):

    Professor Erin Nelson

    Course credit:

    3

    Method of presentation:

    Other

    Method of Evaluation:

    The primary method of evaluation will be a written assignment, such as a research paper, worth 75% of the grade. The other 25% of the grade will be based on class participation, which may include a group or individual presentation.

    Course Description:

    This course will cover a selection of health-law related topics, including medical negligence, consent / informed consent, confidentiality of medical records, wrongful birth and wrongful pregnancy claims, mental health law, health of Indigenous persons in Canada, and end-of-life decision making.

    Special Comments:

    Required Texts (if any):

    Materials for this course will be made available on the course TWEN site.
  • LAW532 Constitutional Litigation (Feehan & Rothwell)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Kevin P. Feehan & Thomas G. Rothwell

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is a moot court worth 70% of the Grade.
    The remainder of the grade in the course will be made up of:
    • one (1) drafting assignment worth 20% of the grade
    • class participation worth 10% of the grade

    Course Description:

    The course will address current issues in constitutional litigation, particularly those involving the Charter. It will also focus on issues pertaining to constitutionally protected aboriginal and treaty rights. The emphasis will be on both substantive knowledge of constitutional litigation issues and the development of skills within that framework. Subjects such as pleadings, interventions, the gathering and use of extrinsic evidence, including legislative facts, historical documents and expert reports, preparation of written briefs and appropriate constitutional remedies will be covered.
    The course will offer an overview of the stages of Charter review, including the special role of s.1 of the Charter. It will also provide an overview of the stages of review in aboriginal litigation. Students will be given the opportunity to draft pleadings or an application to obtain intervener status in a Charter case. The moot court assignment will involve the preparation of a written brief with reference to evidence in support of the position being advanced. Students will participate in brief moot court arguments. They will have a degree of choice in selecting the type of case in which they wish to participate. This course will allow them to combine an awareness of fundamental constitutional law principles with the practical methods for creating winning arguments.

    Special Comments:

    The instructors have considerable experience as practitioners in the fields of constitutional and aboriginal law and civil litigation, respectively. Guest lecturers will also be invited to address select topics. The course will be of particular value to those with interests in Constitutional, Aboriginal and criminal law.

    Required Texts (if any):

    Peter Hogg, Constitutional Law of Canada (Student edition)
  • LAW533 Advanced Constitutional Law (Adams)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Eric Adams

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Grades will be comprised of a combination of in-class participation and a major research essay.

    Course Description:

    This participation-intensive seminar delves into the histories that inform, theories that structure, and dilemmas that animate Canadian constitutional law. A number of topics will be addressed including historical and contemporary conceptions of federalism, judicial review, and rights adjudication. In interrogating these distinctive features of Canadian constitutional thought and practice, students will gain a deeper sense of some of the underlying theories that define Canadian constitutionalism. We will explore the work of a number of (mostly Canadian) constitutional writers, as well as several constitutional judgments. By the end of the course, students should be able to critically and creatively engage with, analyze, and write about Canadian constitutional issues from an array of perspectives.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

  • LAW538 Alberta Law Review

    The Alberta Law Review is a peer-reviewed legal journal run by law students at the University of Alberta and the University of Calgary. It is one of the top five legal journals in Canada. Published continuously since 1955 (and, before that, since 1934 as the Alberta Law Quarterly), the ALR is published quarterly. The objective of the ALR is to promote legal research and scholarship, and to provide a forum for the discussion of contemporary legal issues of interest to lawyers, scholars, judges, and law students in Alberta and beyond. The ALR has a circulation of over 2500. It operates out of the John A. Weir Memorial Library at the University of Alberta.
    Contact info@albertalawreview.com.

  • LAW539 Courts Clerkship (Judges)

    Prerequisite courses:

    Recommended only: Civil Procedure, Evidence, Criminal Trial Procedure; some or all of these courses could also usefully be taken concurrently with the clerkship.

    Prerequisite for:

    Instructor(s):

    Judges of the Provincial Court of Alberta and the Court of Appeal of Alberta

    Course credit:

    3/term (6 total)

    Term: Fall & Winter

    Method of Evaluation:

    Pass/Fail, based on performance of Clerkship duties.

    Course Description:

    A maximum of 11 Clerkships will be available: 9 for the Provincial Court and 2 for the Court of Appeal. Clerks will serve as a research assistant for one or more Judges of the Courts and shall have the opportunity to gain experience in litigation from a judicial perspective. Duties will be assigned by the Judge coordinating the program for each court.
    Clerks will perform research, prepare memoranda, and meet regularly with their supervising Judge or Judges. The Clerkships are conducted at the Law Courts in Edmonton. No class time is scheduled. Instead, Clerks and supervising Judges work out suitable hours, in accordance with their schedules. Clerks should expect to spend 6 - 8 hours per week at the Law Courts. About half of these hours will be spent observing or “job shadowing” supervising judges; the remainder of these hours will be spent doing legal research for supervising judges at the Law Courts.
    NOTE: The hours negotiated for clerkships should be approximately equivalent to the sum of instructional hours plus preparation hours for other 3-credit courses. The clerkship is not to impose a time burden on students beyond those for other 3-credit courses and is not to require work beyond the hours spent at the Law Courts.

    Special Comments:

    These courses are closed to Web registration. Clerkships are awarded and registration is available only to students selected by the Vice Dean. To apply for a Clerkship, a student must submit the following to the Vice Dean by 12:00 p.m. on Friday, April 26, 2019: letter of interest, curriculum vitae, (unofficial) transcript. Students may provide reference letters: while reference letters will be considered, they are not necessary. There is no interview process. The letter of interest should indicate the Court in which an applicant would like to work. Successful applicants, however, may be appointed to a Court other than a preferred Court. Selection is made based on grades, life experience, and litigation-related experience. Preference may be given to students who have completed the equivalent of four terms in the J.D. program. Students will be advised (by email) of the disposition of their applications in May 2019.

    Students granted Clerkships must commit to completing two terms with the Courts and must waive their rights to drop the course at the beginning of Fall and Winter Terms. In exceptional circumstances, a student may be relieved of this obligation by the Vice Dean, who must consult with the student’s supervising judge or judges.
    Successful applicants must take an oath to maintain the confidentiality of information acquired as Clerks and must submit to a Criminal Records check. Conflicts of interest issues may preclude students from working with both Student Legal Services and Clerking with the Provincial Court (because some SLS project members appear before the Provincial Court).
    Any student who wishes to participate in this program should be available to attend the Court of Appeal for a full morning every Tuesday, Wednesday or Thursday of the school year. Tuesday mornings would be ideal. This is because the Court sits every Tuesday, Wednesday and Thursday but typically sits only one Monday and Friday each month. To get the full benefit of the program the student should be available to meet with a panel member at 9 or 9:30 and then again after the morning is finished at 11:30 or so on the morning he/she attends.

    Required Texts (if any):

    N/A
  • LAW540 Land Titles (Fixsen)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Jeff Fixsen

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    TBA

    Course Description:

    TBA

    Special Comments:

    Course description not yet received. Contact instructor directly for course details.

    Required Texts (if any):

    TBA
  • LAW540 Land Titles (Ziff)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Bruce Ziff

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    TBA, including exam.

    Course Description:

    This course primarily deals with the priority and registration rules and policies governing land, with the main focus being the land registration regimes in place in Alberta. There are 10 units: (1) Introduction; (2) Priorities at Common Law and in Equity; (3) Deed (or Recording) Registry Systems; (4) Introduction to the Torrens System; (5) Qualifications on Indefeasibility -- Part I; (6) Indefeasibility and Its Qualifications -- Part II; (7) Overriding Interests; (8) Caveats; (9) The Assurance Fund and Related Matters; (10) Reform (including Title Insurance).

    Special Comments:

    Lesson plans will be used. The course will be TWEN supported.
    The description for this course has not been updated from a previous year (2015/2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBA
  • LAW543 Basic Oil & Gas (Jefferies)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Cameron Jefferies

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% modified closed book final (reading list and 1-page of notes permitted)
    20% optional and fail-safe mid-term in-class quiz

    Course Description:

    This course provides an introduction to the nature of oil and gas and the legal consequences of the ways in which oil and gas have been characterized by the courts. It considers the methods by which rights to explore for and to produce oil and gas are acquired under private leases and dispositions by the province and federal government. It will include and examination of the nature of royalties in Canadian law. The course will survey other legal instruments commonly employed in the energy industry and explore the nature of aboriginal interests in oil and gas.

    Special Comments:

    Professor Jefferies reserves the right to alter the method of evaluation and/or required texts prior to its commencement. Please contact Professor Jefferies at cameronj@ualberta.ca with any specific questions you may have related to this particular course section.

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Cases and Materials on Oil and Gas Law (Percy, 2017).
    *Reading list and other course components described in this course description are subject to alteration prior to the start of the class.
  • LAW546 Interviewing and Counselling (Acton & Parish)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Barbara Acton & Lynn Parish

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    TBA

    Course Description:

    The purpose of this course is to assist students in developing skills in the interviewing and counselling processes. The principal model is one that stresses a client-centered approach. A building block approach is used to develop skills over the course of the term.
    Learning is often most effective when it is active, not passive. This is especially true for skills training. As a result, the course will feature classroom exercises, including role plays. Evaluation is based upon a combination of class participation, short written component and a live interview with an actor as client.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Binder et al. Lawyers as Counsellors
  • LAW553 / 599 * Water Law (Percy)

     

    *For 2019-2020 enroll under LAW599. Your enrollment will automatically be changed to LAW553 when new course number becomes available.

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor David Percy

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    100% Term Paper

    Course Description:

    This seminar is intended to provide a legal background in Water Law and to provide an opportunity for supervised research and writing. It deals with water law and management in Western Canada. In the first part of the course, students will learn the historical legal background to Water Law in the prairie provinces. We will then discuss the current legal and management framework for surface and ground water in Alberta, with comparisons to other jurisdictions in Canada and elsewhere. We will examine constitutional responsibility for water in Canada and arrangements to deal with shared water resources.
    The second part of the course will consist of student-led seminars on approved water topics. Topics for discussion can cover a broad spectrum. They may include responses to water scarcity, industrial use and reuse of water, wetlands, the protection of aquatic resources, aboriginal water rights, water as a human right, problems of inter-jurisdictional waters and water in international law.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    N/A
  • LAW555 Labour Law (Nekolaichuk)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Gordon Nekolaichuk

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The method of evaluation in this course is a three-hour open book examination during the normal examination period, which is worth 100% of the final grade.

    Course Description:

    This is an introductory course on Canadian labour law. Topics addressed in the course will include: the history of labour relations in Canada; federal and provincial jurisdiction over labour relations; the Charter as it relates to labour relations; employer, employee, and union status, acquisition and termination of collective bargaining rights, negotiation of a collective agreement, strikes, lock-outs and picketing, unfair labour practices, and the operation of collective agreements.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Labour Relations Code, RSA 2000, c L-1. A list of cases and reading outline will be provided on the first day of class. Students may access cases through the legal database of their choice. A PDF copy of all required reading material will be uploaded on TWEN.
  • LAW556 Labour Arbitration (Nugent)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Course credit:

    3

    Method of presentation:

    Lecture with mock arbitrations at the end of the course

    Method of Evaluation:

    A. ASSIGNMENT (30%)

    Students will be required to submit a 1500 word written assignment requiring research and analysis on an assigned topic in labour arbitration law. This assignment is worth 30% of the final mark.
    B. MOCK ARBITRATION (Written argument 40%, oral skills 30%)

    Every student will be required to participate in an arbitration as counsel, representing either a union or an employer, or in some cases, an interested party. Specific problems will be handed out later in the term. Students will be expected to make oral argument and to present a written legal submission no longer than ten pages. The written submission will be worth 40% of the final mark, and the oral argument during the arbitration will be worth 30% of the final mark.

    Course Description:

    This course deals with the law and practice of labour arbitrations in Alberta. The course deals with substantive law, practical applications of the law and has a significant advocacy component as well. For the major assignment, students will have to develop written arguments and then present those arguments in a mock arbitration. This assignment will assist in developing skills that are required in any area of legal practice, but is particularly helpful for students intent on entering an advocacy-focused practice like labour law.

    Special Comments:

    Required Texts (if any):

    Palmer & Snyder, Collective Agreement Arbitration in Canada (5th ed.), LexisNexis Canada Inc. 2013 (this text is available online without cost). Various cases and related materials will be provided online.
  • LAW557 International Human Rights Law (Harrington)

    Prerequisite courses:

    Public International Law (LAW506) is recommended

    Prerequisite for:

    None

    Instructor(s):

    Professor Joanna Harrington

    Course credit:

    3

    Method of presentation:

    seminar combining lectures and discussions

    Method of Evaluation:

    The primary means of evaluation will be a legal research paper of 5000 words in length (inclusive of footnotes) on a current topic of international human rights law approved by the instructor (worth 70% of the course grade). The remaining 30% of the course grade will consist of the submission during term of related aspects, namely a working title and draft bibliography, a case comment (2000 words), and a 3-minute oral presentation in class.

    Course Description:

    This seminar course examines the international legal protection of human rights, focussing on the treaties ratified by states at both the UN and regional levels that extend protection to a wide variety of civil, political, economic, social and cultural rights. The course also examines the institutions and mechanisms that have been designed for the promotion and protection of a wide array of substantive human rights obligations (from the right to life to the right to work), as well as the domestic implementation of these obligations at the national level. Students who enjoyed the Charter component of first year Constitutional Law often enjoy International Human Rights Law. Note that “human rights law” as that phrase is used internationally is NOT limited to anti-discrimination law. The right to equality is an important human right, but it is not the only right to be examined in this course, which will also examine, for example, the right to a fair trial, the right to freedom of expression, and the right to be free from torture, in addition to economic, social and cultural rights.
    Looking for experiential or practice-related learning? This course has a strong legal skills component, with several classes focussed on legal research strategies and developing legal analysis and communication skills. These skills have been identified as relevant to the practice of law by the Federation of Law Societies of Canada. The in-class oral presentation exercise – modelled on the three-minute-thesis and elevator pitch exercises in graduate schools and business schools – also simulates a practice-applicable situation, with the Supreme Court of Canada having limited intervenor submissions to ten pages and five minutes.
    REQUIRED TEXTS:
    None. Reference will be made to treaties, international case law, and other reports and texts relevant to the field of international human rights law, with these materials being made available for free via the internet.
  • LAW557 International Human Rights Law (Reif)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Linda C. Reif

    Course credit:

    3

    Method of presentation:

    Lecture/Seminar

    Method of Evaluation:

    The primary method of evaluation in this course is a research paper worth 70% of the Grade.
    The remainder of the grade in the course will be made up of: research paper outline worth 10% of the grade, student seminar presentation worth 10% of the grade, and class participation worth 10% of the grade.

    Course Description:

    International human rights law is implicated in events that occur in Canada as well as in countries around the world. In various countries, the right to life, the prohibition against torture and the right to freedom of religion and belief are violated, prison conditions are appalling and women’s rights are not respected. In Canada, for example, the rights of indigenous persons and the rights of children are areas of current concern. This course will survey core areas of international human rights law. Canadian international human rights law obligations and issues will be highlighted. You do not need to have taken Public International Law before enrolling in this course.
    The major part of the course will be composed of lectures, documentaries and class discussion. The remainder of the course will be devoted to student seminar presentations on their research papers which cover international human rights law topics. Information on research paper writing techniques and on conducting international law research will also be provided at the end of the first month to enable students to enhance their legal research and writing skills through the research paper method of evaluation. The seminars are designed to enhance public presentations skills and refine final drafts of the papers.
    The lecture topics will cover:
    1) Introduction to international law and international human rights law;
    2) UN system: civil, political, economic, social and cultural rights;
    3) UN system: women’s rights;
    4) UN system: rights of the child;
    5) European human rights system;
    6) Inter-American human rights system;
    7) Other regional perspectives on human rights;
    8) Domestic implementation: constitutions, courts, national human rights institutions; and
    9) Transitional justice.

    Required Texts (if any):

    International Human Rights Law materials book (primary sources) TWEN reading list (links to selected readings).
  • LAW558 / 599 * Animals and the Law (Sankoff)

     

    *For 2019-2020 enroll under LAW599. Your enrollment will automatically be changed to LAW558 when new course number becomes available.

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Peter Sankoff

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    To be determined, but likely to include:
    1) Participation – 20%
    2) Short creative commentary (Max. 2000 words) - 20%
    3) Short Paper (based on the experiential option chosen below)(3-5 pages) – 20%
    Students must choose one of the following experiential options for the remaining 40%:
    Option One (Litigation): Make mock closing submissions before a jury on an animal cruelty case;
    Option Two (Legislation): Provide a law reform proposal for a particular provision affecting animals.
    Option Three (Education): Speak to a high school class about a contemporary issue involving animals.
    10% of the mark will be allocated based on a 2 page reflection that must be written in response to the student's experience from participating in the designated exercise.
    Please note that evaluation is spread throughout the term. As such, though it may appear onerous, students write less than the standard word count for a full paper in an ordinary course (10,000 words total), and two of the assignments are linked, allowing efforts to be combined. Furthermore, the evaluation is capable of being completed long before the end of term, leaving students with more time to concentrate on their other courses during the examination period.

    Course Description:

    Society’s treatment of animals and the legal framework that regulates the existence of animals that live with and all around us is a matter of emerging concern. For centuries, animals were treated as nothing more than property, but during the latter half of the twentieth century, it became apparent that this model did not adequately reflect the fact that animals are beings who suffer, and are dependent upon humanity for survival.
    Recognition of this fact has forced the law to develop new frameworks in which to address the needs of animals and also the desire to create a better moral vision of the human-animal relationship. This course will examine the history, philosophy, and ethical foundation of humanity's treatment of animals and ask whether our current treatment accords with our stated goal of preventing unnecessary cruelty to animals. We will also consider whether a new legal paradigm is required in order to give proper recognition to the interests of animals.

    The course will focus on examples that are relevant to the legal systems of every country. Jurisprudence and statutes from Australia, the United Kingdom, the United States, New Zealand the EU and Israel will be considered, but the primary focus will be upon Canada. Nonetheless, the general principles of animal welfare law are applicable in every jurisdiction.
    This will be a highly interactive class. It will include lectures, class discussion, small group work, role playing exercises (as lawyers negotiating animal law issues), "moot" court exercises and other interactive work.
    Objectives
    A student who has successfully completed this subject should understand:
    • the legal relationships that regulate human treatment of non-human animals;
    • how the status of animals as legal property affects their treatment;
    • the manner in which the law entrenches and promotes a societal view of animals as commodities;
    • the strengths and weaknesses of the animal welfare model that regulates human conduct towards animals;
    • various new theoretical models being developed as a way of creating fairer treatment of animals;
    • practical issues in the courts that inhibit the enforcement of laws protecting animals.
    Topics include the development of the humane movement; consideration of whether all animals should be treated as property and the justification for such an approach; issues such as standing (whether people should be able to raise legal claims on behalf of animals), the development of animal protection legislation and what it does for animals; and the emergence of a concept of animal rights. Several classes focus on the use of animals in medical and cosmetic research, hunting, and factory farming. Certain international agreements on animals will also be considered.

    Required Texts (if any):

    None. Supplemental materials to be provided.
  • LAW559 Environmental Law (Jefferies)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Jefferies

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 75% of the Grade. Examination will be OPEN BOOK and will be a combination of multiple choice, short answer, hypothetical and essay-type questions. In addition, there is a 25% open book mid-term quiz (optional but not fail-safe).

    Course Description:

    This course focuses on current and proposed Canadian legal models and policies designed to control air, land and water pollution and the conservation of places/species. It will introduce the justifications for regulation and will examine the merits and limits of traditional environmental law models – common law, regulatory statutes, criminal and administrative sanctions, environmental impact assessment – as well as the emerging use of alternative approaches, such as economic incentives, and environmental bills of rights.
    The course will also assist students to understand the complex jurisdictional issues faced by environmental practitioners in determining the extent to which federal and provincial governments have jurisdiction over particular environmental matters. Additionally, it will have a particular focus on the principle of sustainability and the implementation of its ancillary principles, including: the precautionary approach; ecosystem-based management; science-based decision making; and transparency/public participation.
    International environmental issues are examined in Law 593. Natural resource management issues are examined in Law 552.

    Special Comments:

    Professor Jefferies reserves the right to alter the method of evaluation and/or required texts prior to its commencement. Please contact Professor Jefferies at cameronj@ualberta.ca with any specific questions you may have related to this particular course section.

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    M. Doelle & C. Tollefson, Environmental Law: Cases and Materials (2nd Edition, 2013).
    J. Benidickson, Environmental Law (4th Edition, 2013) [electronic resource].
  • LAW 561 International Criminal Law (Harrington)

    Prerequisite courses:

    Criminal Law and Public International Law (LAW506) is strongly recommended

    Prerequisite for:

    None

    Course credit:

    3

    Method of presentation:

    seminar combining lectures and discussion

    Method of Evaluation:

    The primary means of evaluation will be a legal research paper of 5000 words in length (inclusive of footnotes) on a current topic of international criminal law approved by the instructor (worth 70% of the course grade). The remaining 30% of the course grade will consist of the submission during term of related aspects, namely a working title and draft bibliography, a comment on a key case or journal article related to the paper topic (2000 words), and a 3-minute oral presentation in class.

    Course Description:

    International criminal law is the newest field to develop within international law. It combines knowledge of the basics of both international law and criminal law, with a view to creating both a national and international legal framework for the prosecution of those who commit the most egregious crimes. International criminal law was fully established as a field in the mid-1990s, with law schools offering courses since the mid-2000s. It is hard to do well in this subject area without first taking a criminal law course AND an international law course.
    The International Criminal Law course appeals to students interested in questions of accountability for those responsible for the commission of the most serious crimes (genocide, crimes against humanity, war crimes, and aggression), using a criminal law approach, rather than a human rights approach. (If your interest is the latter, see LAW557: International Human Rights Law). The International Criminal Law course also appeals to students interested in the creation of new international criminal courts and tribunals, most notably the International Criminal Court (ICC), and it appeals to those with an interest in history, examining the lessons of Nuremberg and Tokyo, Rwanda and the former Yugoslavia. The course exams the substantive aspects of the four recognized international crimes (the crimes of genocide, war crimes, crimes against humanity, and the crime of aggression), as well as crimes of international concern, such as international terrorism and torture. The course also introduces students to the field of transnational criminal law, where efforts to cooperate to address crimes such as trafficking are international, but prosecutions are before a domestic court. The course also examines the international community’s approach to prosecuting international crimes through hybrid tribunals, combining international and national elements, such as the Special Tribunal for Lebanon.
    This course also examines the national prosecution of international crimes, including examples under Canada’s Crimes against Humanity and War Crimes Act. It also covers matters arising in the practice of international and transnational criminal law, exploring such topics as the principles of liability and defence, as well as extradition and mutual legal assistance. Those who wish to practice as lawyers with NGOs may also benefit from the discussion of such matters as victims’ rights, as well as the role for NGOs in outreach.

    Looking for experiential or practice-related learning? This course has a strong legal skills component, with several classes focussed on legal research strategies and the development of legal analysis and communication skills. These skills have been identified as relevant to the practice of law by the Federation of Law Societies of Canada. The in-class oral presentation exercise – modelled on the three-minute-thesis and elevator pitch exercises in graduate schools and business schools – also simulates a practice-applicable situation, and encourages the development of practice-relevant preparation and oral communication skills.

    Special Comments:

    International criminal law is becoming an increasingly more complex field as it is developed further by the courts. A prior course in both criminal law and international law is needed to really understand the case law (which combines issues of actus reus, mens rea and burden of proof with questions of jurisdiction, immunities, treaty law, and the role of the Security Council). You need to self-assess your own prior educational path; for example, some will have gained exposure to international law in their pre-law graduate studies. To help further, taking international criminal law without some international law first is akin to taking advanced constitutional law without first taking constitutional law, or advanced torts without first taking torts.
    REQUIRED TEXTS:
    Robert Cryer, et al, An Introduction to International Criminal Law and Procedure, 3rd ed. (Cambridge: Cambridge University Press, 2014) unless a fourth edition is available.
    Students will also need copies of the Rome Statute of the International Criminal Court and Canada’s Crimes Against Humanity and War Crimes Act, - most use e-copies or PDFs obtained for free from the internet.
  • LAW565 International Business Transactions (Reif)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Linda C. Reif

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is a research paper worth 75% of the Grade.
    The remainder of the grade in the course will be made up of: an outline of the research paper worth 10% and class participation worth 15% (involving submission of a written class participation record at end of term).

    Course Description:

    Canadian business increasingly is conducted internationally and many foreign businesses trade and invest in Canada. As a result of the globalization of business, it is important for Canadian lawyers to have an understanding of the many facets of international business transactions. This course will provide an introduction to (1) the transactional aspects of international business (with emphasis on the export/import of goods and foreign direct investment) and (2) international and domestic law affecting companies doing business internationally. You do not need to have taken Public International Law to enrol in this course.
    Information on research paper writing techniques and on conducting international law research will also be provided at the end of the first month to enable students to enhance their legal research and writing skills through the research paper method of evaluation.
    The course will address the following topics:
    1) introduction to public international law and international business transactions;
    2) contracts and contract drafting for international business transactions;
    3) UN Convention on Contracts for the International Sale of Goods and its domestic application;
    4) international indirect sales (agency, distributorships, franchises);
    5) contract dispute settlement, with a focus on international commercial arbitration;
    6) export and import controls, including trade controls on conflict diamonds and minerals;
    7) bribery of foreign public officials: treaty law, Canadian and US law;
    8) multinational corporations and human rights; and
    9) introduction to international investment law: transactional issues, BITs/FIPAs, free trade

    agreement investment chapters and investment treaty arbitration.

    Required Texts (if any):

    TWEN reading list (links to primary materials and selected readings).
  • LAW567 Pacific Rim Law: Japanese Law (Peterson)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Douglas Peterson

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Evaluation in this course is a paper worth 60% of the Grade; and a group project worth 40% of the Grade.

    Course Description:

    This course is designed to introduce students to the Japanese Law with Legal Culture, and Japanese Public Administration with current issues. Our major task is to provide the students opportunities to understand the unique features of Japanese law and the universal comparative law perspective, by which they will reconsider Canadian Law as well. The course will take an interdisciplinary and comparative approach to explain an area of Japanese law and how the law operates in practice. The focus will be on an international comparison between Japanese and Canadian law - in particular, international tax structures, contract law, intellectual property, and dealing with the Japanese in a business setting. Some aspects of the Japanese culture and legal history will be referred to in connection with the main topic of business transactions.

    Special Comments:

    Required Texts (if any):

    Materials available through Professor Peterson.
  • LAW580 Trusts (McInnes)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Mitchell McInnes

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Each student can choose between: (1) a mid-term examination worth 25% and a final examination worth 75%, or (2) a final examination worth 100%.

    Course Description:

    The first part of this course will examine the nature, creation and operation of express trusts. The second part will examine the nature, creation and operation of resulting trusts and constructive trusts. Throughout the course, a special emphasis will be placed on the relationship between triggering events and legal responses with a view to determining the precise bases upon which the different species of trusts arise.

    Special Comments:

    Required Texts (if any):

    Oosterhoff, McInnes & Chambers Oosterhoff on Trusts 9th ed (Carswell 2019)
  • LAW582 Wills & Administration (Bonora & Lafuente)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Doris Bonora & Erin Lafuente

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Examinations: 100% open book exam (no restrictions on materials; includes deferrals and

    re-examinations)

    Assignments: None

    Final Assessment: 100% final exam

    No marks will be given for class participation or in-class activities.
    The final exam percentage will be used to determine the appropriate letter grade.

    Course Description:

    This course will examine the law of wills and succession in Alberta. Major topics will include the nature of testamentary instruments; the creation of wills; the proof of wills; the interpretation of wills; and intestate succession.
    The objective is to provide students with a foundation for drafting testamentary instruments, identifying issues for clients, and understanding key concepts in drafting and interpreting wills and in the administration of estates.

    Special Comments:

    Required Texts (if any):

    Oosterhoff on Wills, Eighth Edition by A.H. Oosterhoff, C. David Freedman, Mitchell McInnes, Adam Parachin, 2016, Carswell.
    Cases and Statutory materials as assigned
  • LAW582 Wills & Administration (Gordon & Klaray)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Maya Gordon & Michael Klaray

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Open Book Final Exam worth 100%

    Course Description:

    The first part of the course will examine the formalities, content, and drafting considerations for wills, and will include topics such as: Who can make a will; Nature of testamentary dispositions; Obtaining Instructions; Assets inside Estates; Assets Outside Estates; Formal Wills; Holograph Wills; Enduring Powers of Attorney; Personal Directives; Testamentary capacity; Formalities of Execution; and Revocation and Revival of Wills.
    The second part of the course will consider various challenges or issues that should be taken into account in the area of wills and estates, including: Adult Independent Relationships; Divorce and separation; Construction of Wills; Fraud, Undue Influence and Suspicious Circumstances; Lost wills; Alteration of Wills During Lifetime (ademption, abatement, lapse); Fixing mistakes; Advances; Alteration of Wills by Operation of Law (FMS Claims); Role of the Public Trustee; and Survivorship.
    Finally, the course will cover estate administration, including: Administration under a Will; Intestate Succession; Grants of Probate; Grants of Administration; Other Grants; Priority to apply; Proof of Will; Advice and direction and other Applications under the Surrogate Rules.

    Special Comments:

    Required Texts (if any):

    Cases and statutory materials, as assigned.
  • LAW584 Bankruptcy & Insolvency (Lund)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Anna Lund

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 100% of the Grade.
    Students have the option to prepare a research project, approved by the instructor, for 50% of the grade in the course.
    Examination will be OPEN BOOK.

    Course Description:

    This course will examine the federal Bankruptcy and Insolvency Act, other insolvency legislation such as the Companies' Creditors Arrangement Act and a brief examination of the law relating to receiverships. Participants will be given an opportunity to acquire an understanding of the policy objectives and legal structure underlying modern bankruptcy and insolvency law. The course will begin by looking at the means by which the bankruptcy system is invoked. It then examines the question as to what property vests in the trustee, the effect of bankruptcy on third parties and the ability of the trustee to set aside reviewable transactions. Finally it will examine the manner of distribution of proceeds and the discharge of the bankrupt individual. The course will also examine the insolvency regimes that provide alternatives to bankruptcy. Since bankruptcy and insolvency law is federal in origin, this course will also be of interest to students who plan to practice outside of Alberta.

    Special Comments:

    Required Texts (if any):

    TBA
  • LAW584 Bankruptcy & Insolvency (Wood)

    Prerequisite courses:

    Prerequisite for:

    LAW601 Corporate Reorganization & Restructuring Law

    Instructor(s):

    Professor Rod Wood

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 100% of the Grade.
    Students have the option to write a paper of approximately 3,000 words in length on an insolvency law topic approved by the instructor for 50% of the grade in the course.
    Examination will be: open book

    Course Description:

    This course will examine the federal Bankruptcy and Insolvency Act, other insolvency legislation such as the Companies' Creditors Arrangement Act and a brief examination of the law relating to receiverships. Participants will be given an opportunity to acquire an understanding of the policy objectives and legal structure underlying modern bankruptcy and insolvency law. The course will begin by looking at the means by which the bankruptcy system is invoked. It then examines the question as to what property vests in the trustee, the effect of bankruptcy on third parties and the ability of the trustee to set aside reviewable transactions. Finally it will examine the manner of distribution of proceeds and the discharge of the bankrupt individual. The course will also examine the insolvency regimes that provide alternatives to bankruptcy. Since bankruptcy and insolvency law is federal in origin, this course will also be of interest to students who plan to practise outside of Alberta.

    Special Comments:

    Required Texts (if any):

    Wood, Bankruptcy and Insolvency Law, 2nd ed., Irwin Law (2015)
  • LAW585 / 599 * Commercial Transactions (Wood)

     

    *For 2019-2020 enroll under LAW599. Your enrollment will automatically be changed to LAW585 when new course number becomes available.

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Roderick Wood

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Fifty percent (50%) the marks in this course will be based on two experiential learning assignments. The first involves the drafting of a commercial contract. The second involves an interview with a client in connection with a guarantee. The remaining marks will be allocated on the basis of a 90 minute open book exam composed primarily of short answer questions.

    Course Description:

    Commercial law is the body of law that governs transactions between commercial entities. The course explores four areas of commercial law: (1) sale of goods law; (2) negotiable instruments law; securities transfer law; and (4) the law of guarantees. Sales law deals with the implied terms, passage of property and other related issues under a contract for the sale of goods. Negotiable instruments law examines the legal issues involved in the use of bills of exchange and cheques. Securities transfer law examines both the direct and indirect holding systems involved in holding and transferring securities. The law of guarantees governs contractual undertakings to answer for another person’s default.

    Special Comments:

    Classroom response devices (clickers) will be used in several of the lectures. A free classroom app (Socrative) will allow you to respond on a laptop or mobile device.

    Required Texts (if any):

    Cases and Materials on Commercial Transactions and Statutory Materials on Commercial Transactions (both available electronically at no charge on the TWEN site)
  • LAW587 Personal Property Security Law (Buckwold)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Tamara Buckwold

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Evaluation is by examination, which may be a single examination at the end of term or a combination of a mid-term and final examination.

    Course Description:

    Secured financing is a fundamental and pervasive aspect of modern economic activity, provincially, nationally and internationally. This course will provide a good working knowledge of the law of secured financing currently in effect, not only in Alberta, but in all the Canadian common law jurisdictions. It is designed to enable students to understand the conceptual and policy foundations of the law in this area and to equip them to advise consumer and business clients regarding their rights and obligations in a secured financing transaction. Every common law jurisdiction in Canada has enacted a Personal Property Security Act and the primary focus of the course will be on that legislation. The federal Bank Act security mechanism will also be considered. The course will emphasize the resolution of priority disputes between secured parties and various competing claimants but will also survey the inter partes enforcement of security agreements.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Personal Property Security Law Cases and Materials 2017 (Buckwold)
    Personal Property Security Law Statutory Materials 2017
    Course materials are posted electronically on TWEN.
  • LAW587 Personal Property Security Law (Wood)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Roderick Wood

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    30% is based on an 80 minute closed book mid-term examination
    70% is based on a 2 hour and twenty minute final open book examination

    Course Description:

    This course is designed to provide you with an understanding of the rules, principles and polices underlying personal property security law. This body of law is of fundamental importance to lawyers who practice in the field of commercial law. Every Canadian common law jurisdiction has enacted a Personal Property Security Act, and therefore this course will also be of interest to students who expect to practise law outside of Alberta. The primary focus will be on the Personal Property Security Act. Topics will include the scope of the Act, security agreements, the concepts of attachment and perfection, the priority of security interests in relation to other interests, enforcement of security interests and restrictions on enforcement remedies. The course will also provide an overview of the Bank Act security device. A major emphasis in this course is the resolution of priority disputes between secured parties and a variety of competing claimants.

    Special Comments:

    Classroom response devices (clickers) will be used in several of the lectures. A free classroom app (Socrative) will allow you to respond on a laptop or mobile device.

    Required Texts (if any):

    Online Cases and Materials and Statutory Materials (available electronically at no charge on the TWEN site)
  • LAW588 Citizenship, Immigration, and Refugee Law (Szigeti)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Peter Szigeti

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Open book final exam: 60%
    In-class joint presentation: 30%
    Participation: 10%

    Course Description:

    Immigration and refugee law determines who has the right to live in Canada, who gets to visit and who can never set foot in the country. This course will engage students not only with the Canadian laws and judicial decisions which control these determinations, but also with the political and philosophical arguments that drive legislation, and key international comparisons to see how other nations are engaging with the same questions. We shall also examine citizenship, the coveted endpoint of immigration, but perhaps not quite the golden prize that immigrants hope for.
    The course will therefore have two focal areas. One will be the foundational narratives about identity, belonging, human nature and the ideal polity that drive immigration; the other will be a more traditional focus on statutory interpretation, and the conformity of administrative law with constitutional rights and international obligations.

    Special Comments:

    Required Texts (if any):

    All required readings will be posted on TWEN. The recommended textbook is: Sharryn J. Aiken, Catherine Dauvergne, Donald Galloway, Colin Grey, Audrey Macklin, Immigration and Refugee Law: Cases, Materials and Commentary (2nd ed. 2015, Emond, Toronto)
  • LAW590 Aboriginal Peoples and the Law (Bell)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Catherine Bell

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The primary method of evaluation in this course is a paper worth 70% of the Grade.
    The remainder of the grade in the course will be made up of:
    20% class presentations, 10%, student brief and attendance.

    Course Description:

    This seminar is a survey course on Canadian Aboriginal rights law. Although Indigenous legal traditions are introduced and opportunities to research in this area provided, the emphasis in this course is on Canadian law and policy as it affects First Nations, Inuit and Metis peoples. The course includes an option to engage in applied research on contemporary issues developed in partnership with lawyers, government, First Nation and Metis organizations, and interdisciplinary national collaborative projects. Topics introduced include:
    1. Historical and Theoretical Foundations of Constitutional Aboriginal and Treaty Rights
    2. Intersection of Indigenous and Canadian Legal Traditions
    3. Impact of Canadian Law on Aboriginal Legal Identity
    4. Issues of Jurisdiction: Federal, Provincial, Territorial & Indigenous Jurisdiction
    5. Scope and Content of Aboriginal Title & Constitutional Rights
    6. Treaties and Modern Land Claim Agreements Including North of 60
    7. Fiduciary Law, Honour of the Crown and the Duty to Consult
    8. Intersection of Natural Resource Development and Aboriginal Rights Law in Alberta
    9. Unique Issues Applicable to Metis Constitutional Rights and Alberta’s Metis Settlements
    10. Indian Act and Contemporary Issues in Self Government
    Each topic will be accompanied by assigned readings. Guest speakers with particular expertise may be invited to participate in the seminar. Students will be required to present a case brief and, later in the term, aspects of their research papers as part of a research team.

    Special Comments:

    Recommended Text: Tom Isaac, Aboriginal Law (U of A Bookstore)
    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    To be posted on TWEN.
  • LAW590 Aboriginal Peoples and the Law (Lindberg)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Darcy Lindberg

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Mid-term paper/project – 30%
    Final examination – 70%

    Course Description:

    This course will examine the legal issues faced by Indigenous peoples pertaining to Indigenous lands, rights, and governance within Canada. In relation to legal issues faced by First Nation, Inuit, and Metis peoples, we will survey case law that has arisen in the following areas: (1) Aboriginal rights and title, (2) treaties, (3) federal/provincial jurisdiction with respect to Indigenous peoples, (4) Child welfare jurisdiction, (5) issues in criminal justice, (6) the treatment of Indigenous women by Canadian law, and (7) issues on Indigenous citizenship and membership codes. The relationship between Indigenous legal traditions and Canadian law will be introduced during these examinations.

    Special Comments:

    Required Texts (if any):

    John Borrows & Leonard Rotman, Aboriginal Legal Issues – Cases, Materials and Commentary, 5th Edition (LexusNexus)
  • LAW592 Advanced Criminal Law (Beresh)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Brian A Beresh, QC

    Course credit:

    3

    Method of presentation:

    Lecture / Seminar

    Method of Evaluation:

    The primary method of evaluation in this course is a paper worth 75% of the Grade.
    The remainder of the grade in the course will be made up of:
    Class participation worth 25%

    Course Description:

    This course builds upon the students’ knowledge gleaned from first year criminal law and constitutional law courses. Its focus is an in-depth examination of criminal law defences including self-defence, intoxication, mental disorder, automatism, provocation, necessity, duress, defence of property, entrapment, accident, mistake of fact (law) and consent. It explores the distinctions between true criminal law defences, exemptions, justifications and excuses. The course also covers the law relating to parties to an offence, which includes an examination of s.21 of the Criminal Code, the law relating to aiding and abetting, counselling a crime, conspiracy and accessories after the fact. Throughout the course, the distinct effect of the Charter of Rights on defences and parties in the criminal justice system will be considered.
    This course encourages discussion about the present state of the law, its successes, failures and attempts to improve and adjust to the changing mores and values of modern society with the hope that justice can be attained in every case. Throughout the course we will discuss those ethical issues which may potentially arise from the engagement of the defences raised.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Casebooks
  • LAW598 Moot Court Competition Winter term

    HOW TO APPLY
    For some Moots, competing in the Brimacombe Selection Round is a prerequisite. For others, it is not.
    Check the Moot description to see which selection process applies. You can find the descriptions in the online Moot Manual.
    Attend the Moot Information Session in the fall, or speak to the coach specific to the moot.
    You may apply to several teams, but be chosen only for one.
    The application deadline for the Competitive Moot Program is shortly following the information session. Check the application form for submission details.

    Registration for Law 598: Moot Court Competition occurs after selection.
    Students who have mooted in the previous year are encouraged to apply again for a new moot. Except in exceptional circumstances, students cannot participate in the same moot twice. The Vice Dean makes the final decision of whether a student can participate in the same moot twice. Permission must be given in advance of the selection process.

  • LAW599 Academic Supervised Internship (Sankoff)

    Criminal Law Internship opportunity

    Location: Bottos Law Group, Edmonton, AB

    Position: Criminal Law Intern with Bottos Law Group

    Professor Peter Sankoff, in conjunction with Bottos Law Group, is offering an opportunity for law students interested in learning more about the practice of criminal law. Eligible students can apply for an unpaid internship with Bottos Law Group for the fall and winter semesters of the upcoming academic year (2019/2020). Students will have an opportunity to gain a valuable understanding of the work performed by defence counsel in the criminal courts, and see how a criminal law firm operates. Working under the supervision of Professor Sankoff, students will gain exposure to a range of criminal law files, providing research assistance, writing memoranda, and occasionally attending court with members of the firm. Students may have the opportunity to work on both trial level and appellate matters. Students will receive three credits for their internship once successfully completed. Up to two students will intern each semester for 12-13 weeks and will work approximately six hours per week for a total of 75 hours. Students will be expected to work at the offices of Bottos Law Group on 104 St. Reporting to Professor Peter Sankoff, and doing research work for other members of the firm, the interns’ duties may include: Researching criminal law/evidence related issues; Providing trial support (note-taking/consultation); Writing memoranda and submissions on contested matters; Preparing files for trial through disclosure review; Reviewing and drafting responses in relation to claims by or against the Crown; and, Helping to prepare sentencing submissions. Requirements: Second or third year law student at the University of Alberta; Strong communication and writing skills; Strong legal research skills; Ability to work in a team; Strong interest in criminal defence work. Application Process: Please submit by email the following:

    Resume and cover letter of no more than 800 words, explaining why you are interested in an internship with Bottos Law Group; A copy of your current transcripts (including degrees prior to law – unofficial ones are fine. Students currently in 1L must provide a written list of mid-term grades/results); A writing sample from either an LRW assignment, or something submitted for another law course; Please indicate which semester you are applying/available for in your cover letter and include “Criminal Law Internship” in the subject line. Please address your application to Professor Peter Sankoff (psankoff@ualberta.ca), with subject line “Criminal Law Internship”. Applications for both the Fall 2019 and Winter 2020 semesters will be accepted until 4pm, March 22, 2019.

    Candidates may be interviewed for the internship, and will be contacted in late March. If you are selected, you will be manually registered in the course.

  • LAW599 Accounting for Lawyers (Sprysak)

    Prerequisite courses:

    None

    Prerequisite for:

    None

    Instructor(s):

    Chris Sprysak

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The method of evaluation for this course will be a take-home assignment (involving a computer spreadsheet) worth 30% and a Final Examination worth 70%.

    Course Description:

    While subject to some modifications (as this is a new course currently under development), this course will include:
    A review of some basic financial literacy concepts/skills,
    Hands-on learning of basic accounting principles/techniques (i.e. debits/credits, T-accounts, journal entries, bank reconciliations, etc.), financial statement preparation (using Excel spreadsheets or equivalent), and financial statement analysis,
    An introduction to trust accounting for lawyers and law firms, including a review of some of the more common trust accounting violations, and
    An examination of some of the more common accounting-related issues that lawyers may face in practice (i.e. statement of adjustments in a real estate transaction, valuation and division of matrimonial property, etc.)

    Special Comments:

    None

    Required Texts (if any):

    To be determined
  • LAW599 Advanced Administrative Law: Tribunal Independence (Bryden)

    Prerequisite courses:

    Administrative Law

    Prerequisite for:

    Instructor(s):

    Professor Philip Bryden

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Students will be evaluated primarily on the basis of a paper between 25 and 40 pages in length on a topic relevant to the course. 70% of the marks for the course are allocated to the paper, which includes 5% for timely selection of the paper topic and 5% for timely submission of an outline of the paper. In addition, 20% of the marks for the course are allocated to the presentation of the paper in class and 10% to participation in class discussion throughout the course.

    Course Description:

    This course is designed to explore the ways in which our ideas about impartiality and independence do and should influence the design of Canadian administrative tribunals. It uses as its foundation Ron Ellis’s book Unjust by Design: Canada’s Administrative Justice System, in which the author claims that systems of administrative justice in most parts of Canada are fundamentally flawed because they do not incorporate the types of guarantees of independence and impartiality that our constitution requires in our judicial system. We will explore Ellis’s concerns with Canada’s administrative justice system and his claim that, properly understood, the unwritten constitutional principle of judicial independence does require guarantees of independence for members of rights adjudication tribunals that are comparable to those afforded to judges. We will also consider impartiality and independence not as constitutional rights but as elements of administrative justice system design. We will draw selectively upon the body of literature on administrative justice reform in Canada to compare Ellis’s ideas about administrative justice to those found in other reform proposals. Our goals will be to identify how ideas about impartiality and independence fit into administrative justice reform, to develop a deeper understanding of where different types of administrative tribunals fit within systems of government, and to situate independence and impartiality within a broader set administrative justice reform goals.

    Special Comments:

    Required Texts (if any):

    Ron Ellis, Unjust by Design: Canada’s Administrative Justice System (Vancouver: UBC Press, 2013)
    Other materials will be made available online.
  • LAW599 Advanced Issues in Civil Litigation (Billingsley)

    Prerequisite courses:

    Civil Procedure (Law 452) and Insurance (Law 519) taken as pre-requisites or co-requisites.

    Prerequisite for:

    Instructor(s):

    Professor Barbara Billingsley

    Course credit:

    3

    Method of presentation:

    Lecture / Seminar

    Method of Evaluation:

    Class Participation – 10%
    Assignment - 30%
    Final Exam (Open Book) – 60%

    Course Description:

    This course will be of particular relevance to students who are contemplating practising in the area of civil litigation. The course will cover selected issues relating to the conduct of civil litigation and will address matters of procedure, substantive law, ethics and professionalism in relation to those issues. Issues covered may include:
    1. The conduct of class action lawsuits
    2. Litigation settlement arrangements
    3. The role of litigation defence counsel and liability insurers’ duty of utmost good faith
    4. Damage Assessment
    5. Privilege
    6. Court applications to resolve litigation prior to trial
    Note: ordinarily, approximately 30-40% of the course content will deal with class proceedings, with particular focus on how a class proceeding differs from ordinary litigation.

    Special Comments:

    Required Texts (if any):

    TBA

  • LAW599 Advanced Criminal Trial Advocacy (Sparks & Tate)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Michael Sparks & Lindsay Tate

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    10% Participation/ in-class assignments
    40% Advocacy / Presentation/Written Moot
    50% Written Assignment

    Method of Evaluation:

    10% Participation/ in-class assignments
    40% Advocacy / Presentation/Written Moot
    50% Written Assignment

    Course Description:

    This course delivers the various practical skills necessary to conduct a criminal trial (jury and non-jury). The mooting portion of the course will integrate basic trial advocacy skills (examination- in- chief and cross-examination), then build to developing more advanced skills (impeachment of witnesses, objections, use of exhibits), finally culminating with structuring and delivery of opening and closing arguments. Utilizing actual criminal case scenarios, students will be actively involved, both as Crown counsel and as counsel for the accused, in preparing and conducting different phases of a criminal trial. The course will integrate written components (case preparation, involving analysis of substantive issues, and identification of procedural requirements and development of trial strategy) with oral advocacy exercises. The final written assignment will require students to draw upon knowledge and skills developed during the course to prepare a comprehensive “trial book” in response to a “prosecution disclosure brief”.

    Special Comments:

    Required Texts (if any):

    None. Stuesser’s An Advocacy Primer 3rd edition is recommended
  • LAW599 Advanced Family Law (Taunton & Proudman)

    Prerequisite courses:

    Family Law (LAW 524)

    Prerequisite for:

    Instructor(s):

    Ashley Taunton & Ken Proudman

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    50% - 10 Page Paper

    50% - Written Factum

    Course Description:

    This course will be of particular relevance to students who are interested in practicing in the area of family law. This course provides students with additional theoretical and practical knowledge of family law.

    The course will focus on topics that were not addressed in Family Law (LAW524), but are likely to arise in the typical family law practice, with a focus on issues that family law lawyers often struggle with. Lecture topics will include: advanced issues in parenting, child support, spousal support, and property division; remedies available under the Divorce Act and Family Law Act; family business issues; adoptions; child welfare; and family law litigation.

    Special Comments:

    Required Texts (if any):

    Selected cases and readings
  • LAW599 Alberta Utilities Commission Internship Course (Yahya)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Moin Yahya

    Course credit:

    3

    Term: Fall/Winter/Spring/Summer

    Method of presentation:

    Other

    Method of Evaluation:

    The Course is a pass/fail course. The grade will be dependent on the feedback received from the Alberta Utilities Commission.

    Course Description:

    The AUC internship course is a 3-credit course offered during the Spring 2018, Summer 2018, Fall 2018, and Winter 2019 semesters. Typically 1-2 students intern per semester for about 12-13 weeks, 6 hours per week (for a total of 75 hours). The interns are selected by the end of the Winter 2018 semester for the upcoming four semesters. The internship is unpaid. The internships will be in Edmonton during the regular semester and in Edmonton/Calgary in the spring/summer.

    Interns work with members of the Alberta Utilities Commission on various projects. Past projects have included actual proceedings pending before the AUC as well as research projects on current legal challenges facing utility regulators.

    Special Comments:

    This course is closed to online registration. Selection is at the discretion of the instructor. Instructions on how to apply for this course will be available through the career office. Contact vicedeanoflaw@ualberta.ca for more information.

    Required Texts (if any):

    N/A

  • LAW599 Appellate Practice & Procedure (McGuire)

    Prerequisite courses:

    None, but criminal or civil procedure recommended

    Prerequisite for:

    Instructor(s):

    Maureen J McGuire

    Course credit:

    3

    Method of presentation:

    Other

    Method of Evaluation:

    60% written assignments; 20% moot exercise; 20% class participation
    There is no final exam. There will be a minimum of three graded written assignments.

    Course Description:

    This course provides students with an overview of the appeals process in Canadian law. Topics covered include: jurisdiction; parties and standing; standards of review; the appeal record/evidence on appeal; written and oral appellate advocacy; appellate relief; and procedural matters relating to appeals.

    Special Comments:

    The method of instruction will be a combination of seminar style discussion and practical exercises.

    Required Texts (if any):

    No text is required. Required readings will include: legislation, rules of court, reported cases and articles available online and/or through the law library.
    Recommended: Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition (LexisNexis, 2018)

  • LAW599 Coding the Law (Morris)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Jason Morris

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Legal Service Automation Project: 70%

    Skill Development Assignments: 20%

    Participation: 10%

    Course Description:

    The advance of technology, globalization, and competitive pressures are leading to more and more automation of legal services. Lawyers will increasingly be called upon to help create, certify, or deal with the outcomes of automated legal services. All of these activities will require an understanding of the technologies used to automate legal services, and an understanding of the regulatory, professional, and ethical issues surrounding their creation and use.

    This course will provide the student with a survey of tools currently available for the automation of legal services by lawyers and others, and the issues surrounding their adoption and use as viewed from an access-to-justice perspective. Students will also learn how to automate legal services in an open-source tool called Docassemble. Evaluation will be primarily on a group software development project to automate a project for a real or simulated access to justice organization in the Edmonton area.

    No prior experience with computer programming is required. Students with all degrees of prior technology experience are welcome to participate. Basic comfort and familiarity with web-based technologies is expected.

    Special Comments:

    Registration by application only; instructional email will be sent to all students in March 2019. Contact jmorris@ualberta.ca with specific questions.

    Required Texts (if any):

    All required readings will be posted on TWEN.

    Recommended readings TBD.

    Students interested in learning more about Docassemble are encouraged to obtain a free account at https://community.lawyer/

  • LAW599 Comparative Constitutional Law (Eisen)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Jessica Eisen

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The primary method of evaluation will be a series of weekly response papers based on assigned texts (80%). The remainder of the grade in the course will be based on class participation (20%).

    Course Description:

    This seminar will explore a selection of constitutional law issues that have received distinctive treatment in diverse constitutional jurisdictions. Issues covered will include the death penalty, prisoner and felon disenfranchisement, hate speech, housing and subsistence, health care, abortion, religion and secularism, affirmative action, same-sex marriage, and animal protection. Assigned readings will consist primarily of case law excerpts with some secondary literature. Students will be introduced to core concepts in comparative constitutional law, including those related to purpose and method of comparison, approaches to constitutional amendment, and the role of courts and other branches of government in constitutional interpretation and enforcement.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBA

  • LAW599 Condominium Law (Gibson)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Michael Gibson

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The method of evaluation in this course will compromise the following:
    • 100% final examination

    Course Description:

    This course will provide an overview of the law dealing with condominium development, ownership, management, and the rights of owners, developers, purchasers, managers, and tenants/occupiers. Topics will include a consideration of the legislative framework that sets out how condominiums are registered, and operated; the rights and obligations of the owners; the legal principles governing the development, operation, and management of a condominium corporation; and the application of these principles through the case law. The course will also address some of the common, practical issues that may arise when working with a condominium corporation. The emphasis of the course is on helping students to understand the legal nature of condominium ownership and management, and to apply these concepts to practical situations.

    Special Comments:

    Course description updated 8 March 2019.

    Required Texts (if any):

    TBD
  • LAW599 Corporate Compliance Law (Bone)

    Prerequisite courses:

    None (Corporations Law recommended)

    Prerequisite for:

    Instructor(s):

    Jeff Bone

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The primary method of evaluation will be a final paper worth 60-65% of the grade due on the final day of class. There will be an in-class/written assignment worth 20-25%. The remainder of the grade in the course will be made up of class participation worth 15%, including a presentation.

    Course Description:

    Corporate compliance is one of the fastest growing areas for legal services. The course will begin with an overview of some of the risk areas driving the increased focus on compliance including corruption, privacy breaches, human rights and environmental risk. Students will learn how to build and organize corporate compliance programs to address these risks in the particular context of an extractive sector company. The role of social licence as a potential condition for resource development will also be addressed.

    Special Comments:

    Required Texts (if any):

    Materials for this course will be made available on the course TWEN site.
  • LAW599 Corporate Mergers and Acquisitions (Maharaj & Grout)

    Prerequisite courses:

    None; Corporate Law recommended

    Prerequisite for:

    Instructor(s):

    Sarat Maharaj and David Grout

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Assignment Weight 20%
    Final Exam Weight 80%

    Course Description:

    Overview and step by step walkthrough of private corporate mergers and acquisitions transactions, and analysis of the differences between share purchase, asset purchase, amalgamation, plan or arrangement or other hybrid transaction types. The course will provide a review of applicable laws, a discussion of deal points for buyers and sellers and examine key legal drafting issues.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Required Material: Business Corporations Act (Alberta) 2017
    Recommended Reading: “Sale of a Business” (11th Edition) Jennifer E. Babe, 2016
  • LAW599 Developing Legislation (Bryden)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Philip Bryden

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Students will work in teams and be evaluated on four assignments: (1) the preparation of a Cabinet Report proposing a legislative amendment on an agreed-upon topic (50%); (2) the presentation of the Cabinet Report in class (20%); (3) the drafting of a Bill that carries out the instructions received in respect of the Cabinet Report (20%); and (4) the presentation of the Bill in class (10%).

    Course Description:

    In this course students will learn about the work government lawyers and other officials do in preparing legislation for introduction into the Alberta Legislative Assembly. This work includes research about and assessment of legislative reform proposals; preparation of Cabinet Reports that provide options and recommendations for elected officials in respect of proposals; and preparation of legislation for introduction into the Legislative Assembly. The course will also address the relationship between legislation and other mechanisms for advancing public policy goals; the relationships between public servants and elected officials in developing legislation; the role that consultation and communication plays in the development of legislation; the drafting of legislation; and the introduction and enactment of legislation.

    Special Comments:

    Required Texts (if any):

    None. Course materials will be made available online.
  • LAW599 Gladue Seminar & Externship (Stewart & Friedland)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Nicole Stewart and Professor Hadley Friedland

    Course credit:

    3

    Method of presentation:

    Other

    Method of Evaluation:

    Course Description:

    The Faculty of Law is offering in collaboration with Alberta Justice a 3 credit experiential learning opportunity in criminal law and sentencing in January 2018. This course is in the second year of a pilot phase and the first course of its kind to be offered in a Canadian law school. The seminars are led by Professor Catherine Bell and Nicole Stewart (Pringle, Chivers, Sparks, Teskey) and Externship Coordinator Randy Sloan (Alberta Justice & Solicitor General). Support and training for the course is being provided by various actors in the judicial system, including Yellowhead Tribal Community Corrections, Native Counselling Services of Alberta, and members of the judiciary and Alberta bar.

    The course is designed to provide law students with a deeper critical understanding of the legal, social, cultural and economic contexts for implementing Gladue principles including the relevance of individual, familial and historic factors; the recent report of the Truth and Reconciliation Commission of Canada and the relationship of Gladue to restorative justice and Indigenous legal traditions. Students will participate in a pre-externship training session, attend bi- weekly seminars and complete 20-30 hours assisting Gladue report writers gather and provide information for justices of the Court of Queen’s Bench and Provincial Court of Alberta in Edmonton.

    Students will not be involved in giving legal advice to clients, will be required to maintain confidentiality, and will not speak directly to sentencing unless compelled by the court.

    Special Comments:

    Acceptance in the course is through application and interview process only. Interested students are encouraged to attend the information session. The application deadline is March 24, 2017. All interviews will be scheduled for April 13, 2017. Applications may be made by submitting a curriculum vitae, law transcripts (unofficial is acceptable; law transcripts may come later in case of first year applicants) and a letter of intent addressed to Professor Bell outlining your experience (need not be legal services related) and how you feel it relates your interest and preparation for this clinical program.

    Complete applications including letters of intent should be submitted electronically and labelled “Gladue Sentencing Course” in the subject heading of your email and sent to vicedeanoflaw@ualberta.ca.

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

  • LAW599 The Law of Habeas Corpus: Theory and Practice (Hart-Dowhun)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Amanda Hart-Dowhun

    Course credit:

    3

    Method of presentation:

    Seminar

    Course Description:

    The Faculty of Law is offering a unique course in Canadian law schools, whereby students are given an opportunity to take part in the process of assisting incarcerated people with making applications to the court to have their restrictions of liberty reviewed. Amanda Hart-Dowhun will be the instructor of the course, and she will be responsible for selecting the files that the students will work on.

    Students will be provided with a casebook which will provide a baseline for how habeas corpus works and how to utilize it to assist a prisoner. Students will then have the opportunity to work with Ms. Hart-Dowhun on reviewing case records for existing habeas corpus matters and assisting an inmate by providing research and a written argument for the inmate to use at his or her hearing. The course will teach students how to run a habeas corpus hearing and the benefits of this writ to prisoners, and it will also give students the opportunity to assist a prisoner and observe the writ in practice.

    This unique course will be offered in the Fall 2018 semester. Enrollment is limited to six (6) students per semester. Enrollment in the course is by application.

    Requirements for applicants:

    1. Strong academic performance in prior criminal courses, legal research and writing;

    2. Self-motivation;

    3. The applicant should provide statement of interest in the course (up to two pages);

    4. Although it is not a strict requirement, applicants that have taken Administrative Law are preferred.

    Application Process:

    Please submit by email the following:

    • Resume;

    • Statement of interest;

    • A copy of your current transcripts (unofficial ones are fine);

    Please address your application to the Vice Dean of Law (law.reception@ualberta.ca), with subject line “Habeas Corpus Course”. Applications will be accepted until (DATE TBA BY EMAIL).

    Interviews will take place shortly thereafter by Amanda Hart-Dowhun and/or other members of her firm or faculty. If you are selected, you will be manually registered in the course.

  • LAW599 Human Rights Commission Internship

    Internship Opportunity with the Alberta Human Rights Commission
    Location: Edmonton
    Position: Law Student Internship
    Dates: Fall 2019 & Winter 2020

    Students who are currently in 2L at the University of Alberta’s Faculty of Law are invited to apply for an internship with the Alberta Human Rights Commission. Four internship positions are available: two for the Fall 2019 semester, and two for the Winter 2020 semester.

    Overview of Internship:
    This internship is 3 credits, and will be graded on a Pass/Fail basis. The internship is designed to represent approximately 6 hours of work per week, for a total of 75 hours.
    Students who complete this internship will gain an in-depth understanding of human rights law, and the administrative process through which human rights complaints are resolved in Alberta. This internship presents an ideal opportunity to develop legal research and advocacy skills and the interns’ duties will consist of:
    • Assisting AHRC legal counsel with research and preparation for Tribunal Dispute Resolutions, Tribunal hearings and judicial reviews;
    • Attending Tribunal hearings and court with AHRC legal counsel, if possible;
    • Shadowing Human Rights Officers and assisting with review of complaints and complaint files;
    • Shadowing the Director and Chief of the Commission and Tribunals if circumstances permit.
    Although there are no required course prerequisites for this internship, the following courses would be beneficial: human rights, administrative law, labour arbitration, employment law, and/or evidence.
    Requirements:
    • Students must be enrolled in 3L at the University Alberta’s Faculty of Law at time of the internship
    • Applicants must have an interest in human rights law and administrative law.

    Application Process:
    Students interested in an internship with the AHRC should submit an application package consisting of
    • a resume
    • cover letter
    • law school transcript
    The above documents should be submitted as a single PDF e-mail attachment.

    Students invited for an interview will be asked to bring the contact information for two references to the interview, and an updated transcript showing their grades for the most recent semester.

    Cover letters should indicate whether students are applying for an internship in the Fall Semester, the Winter Semester, or whether they would accept an internship in either semester.

    Applications packages or questions about the internship should be directed to the attention of:
    Tania Sarkar, Legal Counsel, Alberta Human Rights Commission - tania.sarkar@gov.ab.ca

    The application deadline is March 15, 2019 at 4:30 pm.

    Interviews will take place in late March, 2019. We expect to notify the successful candidates by the end of April, 2019.

  • LAW599 Indigenous Environmental Law (Lindberg)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Darcy Lindberg

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Midterm project/paper – 30%
    Final take home – 70%

    Course Description:

    The plurality of Indigenous legal orders in Canada provides a multitude of different legal relationships with the environment. We will examine the specific obligations towards lands and waters placed upon Indigenous citizenries from their legal orders and traditions. We will explore the interaction of Indigenous environmental laws with Canadian law, and how this has impacted case law, treaties, and other agreements between Indigenous peoples and the Crown. This course will take a trans-systemic approach to these issues, relying upon critical thinking on the application of the common law and Indigenous legal traditions. Areas where these interactions occur include issues of aboriginal rights and title, administrative decisions, and provincial/federal/territorial environmental regulatory frameworks.

    Special Comments:

    Required Texts (if any):

    TBD
  • LAW599 Indigenous Peoples, Law, Justice and Reconciliation (Friedland)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Hadley Friedland

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Participation - 20%
    Class Presentations – 20%
    Research Paper - 60%

    Course Description:

    How do Indigenous and non-indigenous lawyers practice law and work with Indigenous clients in the age of reconciliation? The TRC Final Report called for significant actions to change the justice system’s relationship with Indigenous people. These calls to action extended to law societies, lawyers, law schools, and all levels of government, many of whom are responding seriously. The federal minister of Indigenous Affairs recently described herself as the minister of reconciliation. Is our current case law and legislation compatible with justice and reconciliation for Indigenous Peoples? How did we get to where we are today? This seminar is a survey course on legal issues that particularly impact Indigenous peoples in Canada. It focuses on issues that will be relevant and useful to lawyers in a variety of practice areas, through the lens of reconciliation. These issues are presented and discussed in a manner intended to also deepen the knowledge base of those with a particular interest in Indigenous legal issues, justice and reconciliation. Topics will include land rights and jurisdiction, governance, criminal justice, child welfare and the civil action that led to the Indian Residential School settlement and the TRC. Students will prepare and present a summary and reflection based on a topic of their choice during the seminar. All students are encouraged to think critically about some of the challenging legal, philosophical, practical and human issues that arise in these areas.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    John J. Borrows and Leonard I. Rotman, Aboriginal Legal Issues: Cases, Materials & Commentary, 4th ed.
    (Toronto: LexisNexis Canada, 2012).
  • LAW599 International Dispute Settlement (Harrington)

    Prerequisite courses:

    None

    Prerequisite for:

    None

    Instructor: Professor Joanna Harrington

    Course credit:

    3

    Method of presentation:

    seminar

    Method of Evaluation:

    The primary means of evaluation will be a legal research paper of 5000 words in length (inclusive of footnotes) on a current topic of international dispute settlement approved by the instructor (worth 70% of the course grade). The remaining 30% of the course grade will consist of the submission during term of related aspects, namely a working title and draft bibliography, a comment on a key case or journal article related to the paper topic (2000 words), and a 3-minute oral presentation in class.

    Course Description:

    This seminar course examines the development and practice of international mechanisms for the settlement of disputes between States, between States and international organizations, between States and companies, and between States and individuals. The course examines various methods of international dispute settlement, including negotiation, mediation, arbitration, commissions of inquiry, conciliation, and judicial settlement, within various contexts, including commerce, law of the sea, and human rights. But “settling disputes” is not just about settling disputes; it is also about the legal issues that are raised, the law that is generated in trying to resolve the dispute, and the processes that are developed to generate and determine this law.
    Topics to be covered will likely include: key principles, non-legal methods of dispute settlement (such as negotiation, inquiry, conciliation), legal methods of dispute settlement (arbitration and judicial settlement), law of the sea disputes, trade disputes, investor-state disputes, human rights disputes, the International Court of Justice, the role for UN organs and regional bodies, and legal issues in international dispute settlement.
    Looking for experiential or practice-related learning? This course has a strong legal skills component, with several classes focussed on the development of legal research, legal analysis, and written communication skills. These skills have been identified as relevant to the practice of law by the Federation of Law Societies of Canada. The in-class oral presentation exercise – modelled on the three-minute-thesis and elevator pitch exercises in graduate schools and business schools – also simulates a practice-applicable situation, and encourages the development of practice-relevant preparation and oral communication skills.
    REQUIRED TEXT:
    J.G. Merrills, International Dispute Settlement, 6th ed. (Cambridge: Cambridge University Press, 2017)
  • LAW599 International Trade Law (Reif)

    Prerequisite courses:

    None

    Prerequisite for:

    None

    Instructor: Professor Linda C. Reif

    Course credit:

    3

    Method of presentation:

    lecture/seminar

    Method of Evaluation:

    The primary method of evaluation in this course is a research paper worth 70% of the Grade.
    The remainder of the grade in the course will be made up of: research paper outline worth 10% of the grade (due mid-term), student seminar presentation worth 10% of the grade and class participation worth 10% of the grade.

    Course Description:

    Canada is a major trading nation with important trade ties with the USA, the rest of the Americas, Europe and the Asia-Pacific. Canada is an original state party to the General Agreement on Tariffs and Trade (GATT), now annexed to the World Trade Organization (WTO) Agreement that governs multilateral trade in goods, services, trade-related investment measures and trade-related intellectual property. However, regionalization of international trade has developed over the past three decades. During this time, Canada has entered into an increasing number of free trade agreements (FTAs), including the North American Free Trade Agreement (NAFTA) and bilateral FTAs with some Latin American nations. More recently, Canada has joined several mega-regional FTAs: the Canada-European Union (EU) CETA and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
    This course will cover the foundational philosophy underlying international trade law, its core legal principles and the international trade treaties that are of particular relevance to Canada. Given the immense number and size of the trade agreements that now exist, the first part of the course will focus on WTO law and the second part will provide an introduction to the major FTAs Canada is a party to or has negotiated: NAFTA (dependent on the outcome of 2018 renegotiations), Canada-EU CETA; Latin American integration, focusing on the Canada-Colombia FTA; and the CPTPP. The course will focus on trade in goods and services and trade-related investment measures. International investment law is covered in the International Business Transactions course. You do not need to have taken Public International Law to enrol in this course.
    The third part of the course will be devoted to student seminar presentations of their research papers on international trade law topics. These presentations will add further scope and depth on topics of interest to the class. Information on research paper writing techniques and conducting international law research will be provided in the first month of the course to enable students to enhance their legal research and writing skills. The seminars are also designed to enhance public presentations skills.
    The lecture topics will cover:
    1) Introduction to international law;
    2) Foundational political/economic trade philosophies;
    3) World Trade Organization (WTO Agreement) history, structure and dispute settlement;
    4) WTO: GATT principles and jurisprudence;
    5) WTO: Trade-Related Investment Measures (TRIPs) Agreement;
    6) WTO: General Agreement on Trade in Services (GATS);
    7) Overview of preferential trade agreements (PTAs);
    8) NAFTA (or successor);
    9) Latin American trade integration e.g. MERCOSUR, Pacific Alliance, Canada-Colombia FTA;
    10) Canada-EU CETA;
    11) CPTPP.
    REQUIRED TEXT:
    TBA (will be an introductory paperback) and TWEN reading list (links to primary materials and selected readings).
  • LAW599 OJAG Internship

    Location: 3rd Canadian Division Support Based Edmonton, Sturgeon County
    Position: Law Intern at OJAG

    The OJAG in conjunction with the Faculty of Law at the University of Alberta is offering an opportunity for law students. Eligible students can apply for an unpaid internship with the OJAG for the fall and winter semesters of the upcoming academic year (2019/2020).

    Students will gain an understanding of the legal work that the OJAG conducts and its role in delivering, to the Canadian Armed Forces and the Department of National Defence, independent, operationally focused, solution oriented legal advice and services across the full spectrum of military law, including in the areas of military justice, administrative law, and operational law.

    Students will receive three credits for their internship once successfully completed. Up to two students will intern each semester for 12-13 weeks and will work approximately 6 hours per week for a total of 75 hours.
    Reporting to the Assistant Judge Advocate General for the Western Region, the interns’ duties may include:

    • Drafting pre-charge and pre-trial legal advice for the chain of command in respect of service and criminal offences committed by members of the Canadian Armed Forces.
    • Reviewing career-related administrative decisions and drafting legal advice to the chain of command
    • Reviewing and drafting responses in relation to claims by or against the Crown
    • Researching domestic and international operational law issues

    Requirements:
    • Second or third year law student at the University of Alberta
    • Strong communications skills
    • Strong legal research skills
    • Ability to work in teams
    • Able to achieve Reliability Status in a Security Screening (more detail on requirements here: http://iss-ssi.pwgsc-tpsgc.gc.ca/msi-ism/ch2-prt1-eng.html)
    Application Process:
    Please submit by email the following:
    • Resume and cover letter of no more than 800 words, explaining why you are interested in an internship with the OJAG
    • A copy of your current transcripts (including degrees prior to law – unofficial ones are fine)
    • One reference letter (academic or employment)
    • Please indicate which semester you are applying for in your cover letter and include “OJAG Law Intern” in the subject line

    Please address your application to the Vice Dean of Law (law.reception@ualberta.ca), with
    subject line “OJAG Law Intern”. Applications for both the Fall 2019 and Winter 2020 semesters
    will be accepted until 4pm March 8th, 2019.

    Interviews will take place shortly thereafter. If you are selected, you will be manually
    registered in the course.

  • LAW599 Law and Policing (Allan)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Malcolm Allan

    Course credit:

    3

    Method of presentation:

    Lecture / Seminar

    Method of Evaluation:

    This course will be evaluated by way of:
    (a) A written assignment worth 50% focusing on a student-chosen, instructor approved, topic related to the themes of this course.
    (b) An oral and audio/visual presentation of the class topic or area of evidence reform worth 25%, to be presented on assigned dates; and
    (c) Class participation worth 25%.

    Course Description:

    A review of key concepts and legal issues in Canadian policing, with specific focus on issues of legal, civil and reputational (public trust) risk related to police operations, investigations and internal management. The course will address topics: high-risk “incident command” and tactical operations, search and seizure, use of force, the police disciplinary system, major crimes investigation, uniform “patrol” issues, interview and interrogation issues, judicial interim release (the bail system), professionalism, the emergence of new technologies and the legal governance/oversight of policing.

    Special Comments:

    The description for this course has not been updated from a previous year (2016-2017). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

  • LAW599 Law and Policing (Tchir & Tchir)

    Prerequisite courses:

    Criminal Law

    Prerequisite for:

    Instructor(s):

    Richard Tchir and Lisa Tchir Q.C.

    Course credit:

    3

    Method of presentation:

    Lecture / Seminar

    Method of Evaluation:

    70% assignments (7 position papers; each 2-3 pages; worth 10% each)
    30% class participation

    Course Description:

    This 13-week course will study policing issues through lecture, case study, group discussion and guest speakers who will be subject matter experts in their field. Course objectives will be to review the foundations and applications of the law in these topic areas: status and authorities of the police, detention and arrest, search and seizure, confidential informants, use of force, incident command, and professional standards/oversight. The course will enhance students’ oral and written advocacy skills and critical assessment of the application of the law. The course will be of interest to students seeking to understand issues in policing and contemplating practice in criminal law.

    Special Comments:

    Required Texts (if any):

    Case law and statute
  • LAW599 Law & Social Media

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Course credit:

    3

    Method of presentation:

    Other

    Method of Evaluation:

    The evaluation will be based on both the content and the effectiveness of communications. Evaluation in this course will be based on a number of social-media based assignments, as well as the research and writing that will be used to generate the social media content. The goal is to generate as much traffic with the social media. Number of followers, retweets, page visits on a blog, etc. will be used to evaluate the effectiveness.

    Course Description:

    This course is being offered on a pilot-project basis. The goal of the course is to emphasize public advocacy of legal issues using social media, which can include blogging, tweeting, Facebooking, creating YouTube videos, creating and spreading memes, etc.
    The course is offered in the winter semester, but the students are encouraged to be in contact with the instructor prior to the start of the course, so that the projects can be started effectively and with the least disruptions.
    Were this course held this year, possible topics could have been: Senate Reform, The Prostitution case, recent legislation by the Provincial government on the right to strike by public unions. Other possible topics could include choosing a book, such as Spooner’s No Treason and tying its ideas into current events, as well as spreading the ideas in his book(s).
    The subject for the 2017-18 will be the Truth and Reconciliation Commission (TRC) report.
    The selected students will research the various issues associated with the TRC, and then condense the content into social media deliverables. The goal is not only to get the substantive content out there, but to generate traffic and discussion from other online actors (within prescribed legal and ethical boundaries).
    Four or five students will be selected for this course. No class time is scheduled, but students will be spending time working in a group or independently (depending on how the students are assigned after the initial meeting) to perform the tasks required.
    At this stage, it is envisaged that there will be a mix of blogging, tweeting, and posting to Facebook, in addition to the creation of memes and YouTube videos depending on the skills of the students. The frequency of posts and tweets will be a function of the project, and the goal is to generate traffic and interaction.
    The question of whether to work as a group or individually, or as a combination of individual and group projects, will be determined by the selected students and the instructor.

    Special Comments:

    1. This course is closed to online registration. Selection is at the discretion of the instructor. The instructor will require an application to be submitted prior to 4pm April 12th 2014. You can contact the instructor prior to that for more information. Selection will be based on a variety of factors, such as the mix of skill-sets needed and interest in the subject. Interviews will be held after that, and the students selected will be notified after that.
    2. Given the limited number of spaces and the work that goes into this course, students selected for this course must waive their rights to drop the course once it has begun.
    3. Your application should consist of a letter of interest, a CV/resume, and an (unofficial) transcript. The letter of interest should explain why you wish to take this course, your interest in public advocacy through social media, and what skills or abilities you have in creating and disseminating content via various social media channels. Although prior experience in the use of social media is not essential, the student should demonstrate some basic understanding of online content and how to generate traffic for the content created.
    4. Submit your application by e-mail to myahya@ualberta.ca.

    Required Texts (if any):

    None – but depending on the subject of the course, various readings may be required.
  • LAW599 Law and Technology (Raso)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Jennifer Raso

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    The primary Method of Evaluation will be a series of weekly response papers based on assigned readings (80%).  The remainder of the grade in the course will be based on class participation (20%).
    As the weekly response papers are cumulative, students who are on the wait-list for this course are encouraged to complete response papers for the first two weeks of classes and to attend these classes.

    Course Description:

    This seminar will introduce students to a range of pressing issues (legal and ethical) raised by new technologies, and will explore how legal institutions (courts, legislatures, and executive actors) are, or could be, responding. We will study not only how new technologies interact with law and legal institutions, but how technological tools generate new legal forms. Students will develop critical analysis skills that our new legal-technical world demands, and will be introduced to a rich variety of scholarship in this area, including regulation and governance literature, critical algorithm studies, criminology, and socio-legal studies.
    The seminar will be organized into thematic sections centred on the dilemmas that arise when new technologies are deployed in contexts spanning both “private” and “public” law. These sections may include: rental housing and hotel accommodation (AirBnB); social benefits administration and debt collection (automated benefits, Robodebt); self-driving vehicles and killing machines (automated cars, military drones); worker regulation and on-demand platforms (ride-hailing and food delivery apps, domestic work directories, Amazon warehouses); criminal justice and immigration detention adjudication (risk-based algorithms); and court and tribunal administration (eCourts, digitized tribunals). Throughout, students will learn how different areas of law approach or overlook these dilemmas, and will develop their ability to analyze and respond to these matters.

    Required Texts (if any):

    Required readings will consist of academic texts, legal documents, and other materials (i.e. blog posts, newspaper articles, podcasts, etc.). All will be available on TWEN.
  • LAW599 The Law of Bail (Wool)

    Prerequisite courses:

    LAW420 – Criminal Law 1L

    Prerequisite for:

    None.

    Instructor(s):

    Greg Wool

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    Students will be evaluated by the following four items:
    1. Midterm Examination worth 30% of the final mark;
    2. Moot appearance acting as Defence Counsel in a contested JIR worth 30%;
    3. Moot appearance acting as Crown in a contested JIR worth 30%; and
    4. Class participation – 10%

    Course Description:

    This course provides an overview of the practical and theoretical considerations in dealing with judicial interim release matters. More commonly referred to as “bail”, this entry point to the criminal and quasi-criminal justice system represents a vital component in the criminal justice system. Topics explored include the key statutory considerations in the Criminal Code, recent and relevant jurisprudence from both the Supreme Court of Canada and practical procedural considerations that are intrinsic to the bail process.

    Special Comments:

    Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Recommended
    - Recent Annotated Criminal Code of Canada
    - Access to Canlii or other similar web based research tools.
  • LAW599 Alberta Law Reform Institute Internship (Petersson)

    ALBERTA LAW REFORM INSTITUTE INTERNSHIP
    Alberta Law Reform Institute Internship information session with ALRI Executive Director Sandra Petersson and ALRI Board member Professor Rod Wood
    8 MARCH 2018 at 1:15 PM to 2:00 PM, Room 193
    The ALRI internship provides law students with a unique opportunity to become involved in active law reform projects. Interns in the program gain experience in the various elements of the law reform including project selection, research, consultation, and policy analysis, and formulation of recommendations. The Alberta Law Reform Institute provides independent comprehensive advice to the Government of Alberta and other agencies to ensure that the law and administration of justice are kept up to date and serve Albertans to the best extent possible.

    A significant portion of the work in the 2018-19 academic year will involve the development of proposals for reforms to the Alberta Personal Property Security Act. For this reason, students must have taken the Personal Property Law course. The ALRI internship will be offered in both the Fall and Winter terms. Therefore, students who have not already taken the course should take it in the Fall term and apply for the internship in the Winter term.

    Acceptance into the course is through application and interview process. The application deadline is 26 March 2018. Interviews will be scheduled for the first week of April. Applications may be made to the office of the Alberta Law Reform Institute (Room 402, Law Centre) to the attention of Executive Director Sandra Petersson by submitting a curriculum vitae and law transcripts (unofficial is acceptable). Applicants should also indicate whether they would like to take the internship in the Fall or Winter term.

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

  • LAW599 Law, Empire and Canadian Federalism (Nichols)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Joshua Nichols

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    TBA, not an exam course.

    Course Description:

    TBA

    Special Comments:

    Course description not yet received. Contact instructor for course details.

    Required Texts (if any):

    TBA
  • LAW599 Low Income Individuals and the Law Clinic (Bell & Weaver)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Catherine Bell, Katherine Weaver

    Course credit:

    9 total (3 Fall, 6 Winter)
    Term: Fall & Winter

    Method of presentation:

    Seminar

    Method of Evaluation:

    Clinical component (pass/fail):
    Participation in the mandatory four day (25-30 hour) pre-clinical orientation and training program in September; mandatory participation in 3 or 4 one and half hour group sessions on journaling, interviewing, professional responsibility and other topics (September, October, November and December); completion of 98 clinical hours per term (total 196 hours) as scheduled in consultation between students and individual placement coordinators (pass/fail based on a learning plan developed in collaboration with placement coordinators and three self/placement evaluations); clinical law experiential journal (pass/fail based on weekly journal entries with a pass meeting the minimum standard as set in the clinical orientation program); individual and mandatory group meetings with the academic supervisors first and second term.
    Seminar Component (second term):
    Attendance at a three hour seminar every week; team preparation and presentation of student led seminar topics; individual research paper on seminar topic.

    Course Description:

    The course consists of three parts: (i) pre-clinical orientation, (ii) first term group seminar meetings and clinical placement (3 credits in the Fall Term) and clinical second term (3 credits in the Winter Term) (iii) second term seminar evening weekly seminar (3 credits winter term). These components are designed to provide substantive and procedural information necessary to commence clinical placements with the ECLC and Legal Aid Alberta in Edmonton; develop some of the skills necessary in the practice of law, particularly as it applies to low income individuals and other marginalized groups; connect case work, advocacy, and other forms of experiential learning with substantive and theoretical knowledge of legal issues faced by low income individuals; encourage professional responsibility; and share information necessary for a critical understanding of the social, economic, and cultural context of law and legal service delivery.

    Special Comments:

    An information session on this course will be held in March. Students will be selected for this course through an application and interview process. Priority will be given to students that have some previous experience working with low-income communities or other marginalized groups in service capacity, which may include Student Legal Services other volunteer work.

    Applicants will be required to submit their resume and a letter of intent outlining their experience and how it has prepared them for the program. Selected applicants may undergo two interviews. The first interview with the academic supervisors of the program and a second interview with a placement agency to assess fit with the agency. Selections will be made in April or May so that students can make alternative arrangements if they are not selected for this course. Students may wish to register for 9 credits in other courses and then drop those courses if admitted to this clinical program

    We will also maintain a waiting list of five students in the event some students drop from the course. However, students who wish to be placed on the wait list must attend the Pre-Clinical Orientation and Training Session. Course registration will occur once the interview process is complete. For further information contact cb4@law.ualberta.ca.

  • LAW599 Medical Malpractice Law (Miller & Forster)

    Prerequisite courses:

    None. LAW452 Civil Procedure recommended.

    Prerequisite for:

    Instructor(s):

    Joseph V. Miller, Q.C., Nigel J. Forster

    Course credit:

    3

    Method of presentation:

    Lecture/Seminar

    Method of Evaluation:

    The primary method of evaluation is a research paper worth 70% of the grade. The other 30% of the grade will be based on a combination of in-class evaluation assignments and participation.

    Course Description:

    This course will focus on key legal issues and practical applications of litigation within the law of medical negligence, including duty and standards of care for physicians and hospitals, informed consent, causation of medical injury, assessment of damages, and expert evidence. Specific examples from real cases will be drawn on to illustrate the effect of these concepts in practice.

    Students will be presented with perspectives from various members of the bar, and will participate in several in-class learning exercises and assignments designed to synthesize and apply legal principles to mock case scenarios. Students will be evaluated on that in-class work, as well as an end-of-term research paper on a medical-legal issue chosen from among topics covered in the course.

    In addition to listed prerequisites, students will be assumed to be familiar with basic tort and contract law concepts including duty of care and standard of care, as well as breach of contract and causation of damages, generally. Some prior familiarity with Civil Procedure is helpful but not necessary. Previous study of advanced torts or contracts is not required.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Casebook

  • LAW599 Mental Health and the Law: Theory and Practice (Marshall, Cochard & de Jong)

    Mental Health and the Law: Theory and Practice Course
    Instructors: Mary Marshall, Judge Renée Cochard, and Tony de Jong

    • The Faculty of Law is pleased to announce that a course will be offered that exposes students to the law and practice of mental health law. Although the Faculty had offered a mental health law course previously, this two-part course combines theory and practice offering students a unique opportunity to see the law in action first-hand. The course will allow students to see the exciting new developments announced by Alberta’s Provincial courts regarding mental health courts:
    http://www.cbc.ca/news/canada/edmonton/mental-health-edmonton-provincial-court-1.4174130
    • The course is composed of two parts, each worth three credits. The first will be offered in the first semester and the second in the second semester.
    • Enrollment is by application, and students selected must commit to being enrolled in both courses.

    1. The first part of this course deals with the intersection between mental health and the law. The course will explore the basic legal rules and legal regimes that apply in both the civil and criminal law context when people are diagnosed with a mental disorder. The course will first discuss briefly the historical developments in mental health law and the key concepts such as mental disability, mental illness, insanity, and competency. The remainder of the course will deal with substantial issues in the civil and criminal law context. We will explore the rights of mental health patients, the procedures involved in commitment and the use of restraints, the rights and obligations of substitute decision-makers, the difficult legal issues of treatment and community treatment orders. The course will further explore how the criminal justice system deals with persons with mental health issues, particularly looking at alternative approaches within the criminal justice system that may promote the health and well-being of people with mental health issues. The first term will consist of a combination of lectures, class discussions, and guest lectures by experts in the field.
    Lectures include the following topics:
    Introduction
    Diagnosis – history, implications, DSM
    Civil Commitment – Mental Health Act, Minors, Treatment, Transfer of Prisoners, Charter implications
    Treatment and the Right to Refuse – Common Law, Competence, Compulsory Treatment Models, Community Treatment Orders
    Forensic Mental Health – Civil commitment, Criminalization of Mental Disorder, NCR, Fitness to Stand Trial, Dangerous Offender and Long Term Offender
    Mental Health Court – Canadian models, Edmonton Mental Health Court
    Mental Health and Correctional Institutions
    Resources in the Community

    2. The second term will involve actual attendance at the court for at least 3 hours per week. There will be additional hours required outside of court hours. The students will be there to assist people to navigate the system, including the provision of support and assistance for such matters as obtaining identification documents, reinstating income assistance (e.g. AISH); and ensuring the person attends court or other appointments. In addition, students may also provide legal assistance on such matters as landlord and tenant, debtor and creditor, family law, and child welfare matters. Students may also be requested to provide assistance to Duty Counsel, the Crown, and mental health workers in the court. Students will be supervised by a retired lawyer.

    Evaluation
    o Evaluation for the first term will be based on class participation (15%); a short, five-page paper (25%), and a paper of 5,000 to 6,500 words (60%).
    o Evaluation for the second term will be based on the student preparing a reflective journal regarding their observations and experiences while working in the mental health court. (Pass/Fail)

    Application Process
    Please submit by email the following:
    • Résumé and cover letter of no more than 500 words, explaining why you are interested in an internship with the mental health court.
    • A copy of your current unofficial transcripts.

    Please address your application to the Vice Dean of Law (law.reception@ualberta.ca), with subject line “Mental Health Law Course”.

    Applications for the 2019/2020 academic year will be accepted until 4:00 p.m., March 27th, 2019.
    Interviews will take place shortly thereafter. If you are selected, you will be manually registered in the course.

  • LAW599 Oceans Law & Policy (Jefferies)

    Prerequisite courses:

    N/A

    Prerequisite for:

    N/A

    Instructor: Dr. Cameron Jefferies

    Course credit:

    3

    Term: Spring 2019

    Maximum enrollment: 5

    Method of presentation:

    Seminar and Field School

    Method of Evaluation:

    · 20% Participation (marked on a pass/fail basis)

    · 40% Open-book theory-based examination (sat before going to Bamfield)

    · 40% Reflection paper (deliverable after returning from Bamfield and prepared on a topic approved by Professor Jefferies in advance)

    Course Description:

    The world’s oceans cover more than 70% of the planet and are essential for moving goods and information, military security, life-sustaining biological processes, recreation, and scientific research. Canada borders three oceans and has the longest coastline of any State. Unsurprisingly, Canada has a vested interest in the ordered development and sustainable utilization of the oceans.

    The law of the sea (LOS) includes the body of laws (both customary and treaty-based) that govern our many uses of the ocean. The LOS strives for peaceful dispute resolution and operates to balance competing uses of the ocean whilst simultaneously protecting it against over-exploitation. Chief among these legal instruments is the United Nations Convention on the Law of the Sea (‘UNCLOS’), which was negotiated by more than 160 States during the third international conference on the law of the sea between 1972-1982. UNCLOS opened for signature in 1982 and entered into force in 1994. Canada signed UNCLOS in 1982 but did not ratify it until 2003.

    UNCLOS is appropriately described as a ‘Constitution for the Oceans’ since it comprehensively articulates legal regimes and rights and responsibilities for States Parties. Presently, 35 years removed from its conclusion, the world is confronted by a new set of challenges that test UNCLOS’ ability to maintain legal order in the oceans.

    This course will introduce students to the fundamentals of the law of the sea, with particular attention being paid to past and present issues that are important to Canada—including an understanding of how UNCLOS has been implemented domestically. The first portion of the course consists of in-class learning at the University of Alberta and we will convene each morning during the week of May 13-17 (there will be a few hours of independent reading assigned before our first session). The second portion of the course will take place on Vancouver Island, B.C. at the Bamfield Marine Sciences Centre (see: http://www.bamfieldmsc.com), which is Canada’s premiere marine biology research station from May 20-24. There, we will participate in the Centre’s Field Trip programme, which offers exposure to the intersection of law and science. Anticipated activities include: visiting a Marine Protected Area; viewing species at risk; learning some basics about marine sciences (in both the lab and field settings).

    METHOD OF SELECTION:

    This course is open to 5 law students who are in their second year of studies during the 2018-2019 academic year. You do not have to have a background in science or international law to be eligible. That said, familiarity with the basic principles of international law would be an asset.

    An information session and Q&A will be held at in early 2019 to discuss the course in greater detail. Details for the meeting will be circulated closer to the date.

    Participants will be selected based on the following:

    1) A written application that includes a 1-page Statement of Interest, CV, and transcript. The Statement of Interest is your opportunity to demonstrate your interest in (and suitability for) the course. Your written application will be due mid-February (either in hard copy or emailed to cameronj@ualberta.ca); and

    2) A brief in-person interview with Professor Jefferies that will be scheduled in late February.

    3) Successful applicants will be notified by March 1st.

    As mentioned above, this Spring semester will be offered partially at the University of Alberta Faculty of Law and partially at the Bamfield Marine Sciences Centre on Vancouver Island. The breakdown is as follows:

    1) University of Alberta in-class instruction:

    Week 1 – May 13-17 (9AM – 1 PM)

    2) Attendance at the Bamfield Marine Sciences Centre:

    Week 2 – May 20-24

    *Note: students will be required to fund their travel to and from Bamfield and will also be expected to cover costs of accommodation and food while at the station. With respect to the latter, there are student accommodations and a cafeteria at the Centre, which are very reasonably priced. I will discuss these logistical matters at the lunch hour meeting in early 2019.

    REQUIRED TEXTS:

    Yoshifumi Tanaka, The International Law of the Sea, 2nd ed. (2015, Cambridge University Press)

    Cameron Jefferies, Marine Mammal Conservation and the Law of the Sea (2016, Oxford University Press)

    The United Nations Convention on the Law of the Sea (treaty text)

  • LAW599 Public Law and Practice (Stam)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    David Stam

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    TBA, includes final exam

    Course Description:

    On an ever increasing basis the rights and responsibilities of individuals in our society are defined by the operations of various levels of government. This course will focus particularly on the role of government-municipal, provincial and federal-in the litigation process, both from a substantive and procedural perspective. It is anticipated that during the course representative legal practitioners will discuss the role of government in litigation, and what special role "the crown" can often have. What special provisions must various levels of government adhere to that are similar to private litigants, and what are distinct. Does government enjoy some advantages? What remedies are unique to the crown, and what special rights do individuals have against it. How are legal proceedings involving various levels of government different from private actions? In short, the role of government in legal practice and procedure will be examined.

    In addition, discussions involving the role of privacy and access legislation and other unique statutory enactments (i.e. the Municipal Government Act, the Federal Court Act , etc.) will also occur, allowing the student to grasp the basics of the material to be addressed when "taking on the government " or "fighting city hall". In short, this course is designed for anyone contemplating a career in public legal service as well as those who anticipate being employed with law firms actively engaged in litigation against the various levels of government.

    Special Comments:

    The description for this course has not been updated from a previous year (2013-2014). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBA

  • LAW599 Public Law Advocacy (Fernando)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Kanchana Fernando

    Course credit:

    3

    Method of presentation:

    Lecture / Seminar

    Method of Evaluation:

    20% attendance & participation, 60% mock court presentations (minimum of 3) and 20% written assignment.

    Course Description:

    This course will focus on the various advocacy skills required in litigation proceedings involving the federal and provincial Crown. Students will cover a variety of topics including: Lawsuits Against the Crown, Federal Drug Prosecutions, Provincial Environmental Prosecutions, Extradition, Federal Court Practice, Judicial Review, Immigration, Habeas Corpus, Civil Forfeiture, Publication Bans and Public Inquiries. Students will perform in mock court applications and will submit a written assignment demonstrating effective advocacy. Ethical considerations specific to government lawyers will also be discussed. This course is intended to be a practical guide to litigation proceedings involving the government, and will be useful for any student who intends to practice either for or against the Crown. .

    Special Comments:

    The method of instruction will be a combination of lectures, seminar style discussion and practical advocacy skills exercises.

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    No required text - reading materials will include reported decisions and rules of court.
  • LAW599 Public Prosecution Service of Canada Internship (Leonard)

    Position: Law Intern at PPSC

    Location: 700, 10423 101 Street, Edmonton

    Come join the Alberta Regional Office of the Public Prosecution Service of Canada (PPSC)! We offer a rewarding experience where you are part of a team working to play a key role in the Canadian criminal justice system.

    The PPSC in conjunction with the Faculty of Law at the University of Alberta is offering an opportunity for second year law students in the Edmonton office. Eligible students can apply for an unpaid internship with the PPSC for the fall and winter semesters of the upcoming academic year (2019/2020).

    The PPSC is an independent and accountable prosecuting authority whose main objective is to prosecute cases under federal jurisdiction. Students will gain an understanding of the legal work that the PPSC conducts which includes drug prosecutions under the Controlled Drugs Substances Act, and as well as prosecutions under over 250 federal statutes including the Income Tax Act, the Fisheries Act, the Customs Act, and the Canadian Environmental Protection Act.

    Students will receive three credits for their internship once successfully completed. One student will intern each semester for 12-13 weeks and will work approximately 6 hours per week for a total of 75 hours.

    Reporting to the Deputy Chief Federal Prosecutor for Alberta, the interns’ duties may include:

    · Researching areas of law relevant to active prosecutions;

    · Assisting counsel with the prosecution of files; and

    · Observing proceedings in court.

    Requirements:

    · Second year law student at the University of Alberta

    · Strong communications skills

    · Strong legal research skills

    · Ability to work in teams

    · Able to achieve Reliability Status in a Security Screening (more detail on requirements here: http://iss-ssi.pwgsc-tpsgc.gc.ca/msi-ism/ch2-prt1-eng.html )

    Application Process:

    Please submit by email the following:

    · Resume and cover letter of no more than 800 words, explaining why you are interested in an internship with the PPSC

    · A copy of your current transcripts (including degrees prior to law – unofficial ones are fine)

    · One reference letter (academic or employment)

    · Please indicate which semester you are applying for in your cover letter and include “PPSC Law Intern” in the subject line

    Please address your application to the Vice Dean of Law (law.reception@ualberta.ca), with subject line “PPSC Law Intern”. Applications for both the Fall 2019 and Winter 2020 semesters will be accepted until 4pm March 8th, 2019.

    Interviews will take place shortly thereafter. If you are selected, you will be manually registered in the course.

  • LAW599 Topics in French Law (Kingston)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Justin Kingston

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Course assessment will be based on assignments (a case brief, paper) and in-class and on-line participation.

    Course Description:

    Introduction à la common law en français / Topics in French Common Law

    Ce nouveau cours est offert en partenariat avec la faculté de droit de l’Université d’Ottawa.

    Les principes généraux du droit pénal, de la plaidoirie, des droits linguistiques et du droit des affaires seront explorés afin d’offrir un contexte pour faciliter l’acquisition de la terminologie juridique en français. Les étudiants acceptés au cours seront jumelés avec un mentor, un avocat ou juge bilingue à Edmonton, leur permettant de tester de façon régulière et continue leurs connaissances juridiques en français avec d'autres francophones et francophiles et de mieux comprendre les enjeux de la pratique du droit en français en Alberta.

    Le cours sera offert en format hybride afin de donner à l’étudiant plus de flexibilité dans son apprentissage. Une portion des sessions seront offertes en présentielle et l’autre en ligne. Les sessions en présentielle comprendront des présentations d’experts qui ont pratiqué le droit en français ainsi que des juges bilingues.

    L’évaluation sera basée sur des devoirs (commentaire d’arrêt et avis juridique) et sur la participation en classe et en ligne.

    Ce cours est le premier pas vers un apprentissage qui permettra à l’étudiant à:

    • accéder aux postes juridiques, tels des stages à la Cour suprême du Canada et à l’échelle internationale, où la formation juridique et la maîtrise des deux langues officielles constituent un atout;

    • contribuer à la collectivité francophone des services juridiques en français auxquels elle a droit;

    • maîtriser de la terminologie juridique en français, et améliorer les compétences en matière de rédaction juridique et en plaidoirie;

    Le cours est offert par professeur à temps partiel Justin Kingston http://www.mccuaig.com/lawyers/justin-e-kingston/

    Les étudiants intéressés à participer au cours doivent envoyer un courriel au Vice Doyen Yahya myahya@ualberta.ca et au Professeur Kingston JKingston@McCuaig.com confirmant qu’ils ont le français comme langue maternelle ou ont complétés leurs études secondaires en immersion (ou l’équivalent).

    This new course is offered through a partnership with the University of Ottawa, Faculty of Law.

    The primary purpose of the course is to facilitate the acquisition of French legal terminology through the study of general principles in criminal law, advocacy, language rights and business law. Students accepted in the course will be paired with a mentor, a bilingual lawyer or judge in Edmonton with experience in French Common Law, allowing students to regularly test their French legal knowledge and gain insight into the practice of law in French in Alberta.

    The course is a hybrid course, with a blend of on-line teaching and face to face meetings, to allow students flexibility in their learning. The face to face sessions will include presentations by experts that have practiced law in French in Alberta and bilingual judges and justices.

    Course assessment will be based on assignments (a case brief, paper) and in-class and on-line participation.

    This course is the first step in helping students:

    - access jobs, such as clerkships at the Supreme Court of Canada, or articles with international firms, where legal training and proficiency in both official languages is an asset.

    - contribute legal services to the Francophone community, in the language to which they are entitled;

    - master legal terminology in French, and improve skills in legal writing and advocacy.

    This course is taught by adjunct professor Justin Kingston http://www.mccuaig.com/lawyers/justin-e-kingston/

    Special Comments:

    Students interested in the course must send an email to Vice Dean Yahya (vicedeanoflaw@ualberta.ca) and Professor Kingston (JKingston@McCuaig.com) confirming that they have French as a first language, or have completed a program in French immersion (or equivalent) through grade 12.

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

  • LAW599 Women, Law and Social Change (Miller & Tomaszewski)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Deborah A. Miller, Q.C., Jennifer Tomaszewski

    Course credit:

    3

    Method of presentation:

    Lecture/seminar

    Method of Evaluation:

    1. Class Participation - 10%
    Come to class prepared to discuss readings, listen well to others, attend classes unless excused.
    2. Class Response - 20%
    Take responsibility for explaining an assigned reading to class. Prepare discussion questions for class discussion on topic.
    3. Assessment of Lecture/Book/Film - 20%
    Write 5 page double-spaced comment outlining and assessing the assigned reading you chose above using reference course materials.
    4. Review Essay or Case Comment - 50%
    Review the article or case drawing on materials and themes from the course. Assess and critically analyze the article or case. 15-20 pages, double-spaced.

    Course Description:

    This course examines the relationship between law and social change with a focus on the historical and current struggles to make the legal system more responsive to the lived realities of women, taking into account differences among women. Women have at one time or another been excluded from a wide range of legal rights and responsibilities including higher education, political office, voting and the professions. In Canada, the law has played an important role in the ongoing struggle for full equality and citizenship. Yet not everyone would agree that law has the potential to answer demands for fundamental change or to respond to women’s diverse realities. We explore these themes and debates through a series of case studies. Topics include legal education, legal personhood, legal language, judicial bias, myths and stereotypes about women and other groups, sexual assault, women’s work, abortion and reproductive rights, Indigenous women, property, judicial decision-making, equality rights, and same sex marriage/LGBTQ.

    Special Comments:

    This course is conducted through a combination of presentations by the instructor, guest instructors, student discussion/presentations and small group discussions. Students are expected to complete and think about required readings for each class, and come to class prepared to raise at least one question about the readings.

    Required Texts (if any):

    There is no required text, but one we strongly suggest you obtain is Making Equality Rights Real: Securing Substantive Equality Under the Charter edited by Fay Faraday, Margaret Denike and M. Kate Stephenson (available on Irwinlaw.com - https://www.irwinlaw.com/titles/makingequality-rights-real). Some materials will be made available in class. The syllabus and course readings may be modified during the term and changes will be emailed to you. Additional references or links will also be emailed.
  • LAW599 Wrongful Convictions (Beresh)

    WINTER 2020 term only. No FALL 2019 section. Up to 15 students accepted.

    Wrongful Convictions: Theory and Practice Course

    Instructor: Brian Beresh, QC

    The Faculty of Law is offering this unique and new course to students who are given the unique opportunity of taking part in the process of assisting those who may have been wrongfully convicted. Brian A. Beresh, QC designed this course and first offered it in the fall of 2017. He will continue to be the instructor of this course and will be responsible for selecting the files that students will review as part of the course requirement.

    This course was offered in each semester in 2017 and 2018. Innocence Canada, who reviewed the students’ final opinion paper, was extremely impressed with the students’ commitment and work. Enrollment will be limited to fifteen (15) students. They will work in teams of 3 to review the applications by individuals who believe they were wrongfully convicted.

    This course shows great promise for future interest and increased enrollment and contribution to the Canadian criminal justice system. Interest in this course continues to escalate.

    Students will be provided with an extensive course outline/syllabus which includes references to numerous wrongful conviction commission reports, articles and cases which have considered the reasons for wrongful convictions. Students will also work with Mr. Beresh on reviewing files where individuals have been convicted but who feel that they are truly innocent. The course will consist of understanding the processes by which an existing conviction can be re-examined even after many years from the conviction, as well actually examining real cases where there could be the potential to re-open the convicted citizen’s case.

    Enrollment in the course is by application.

    Requirements:

    1. The applicant has successfully completed Evidence law;

    2. The applicant has some experience (through SLS, moot or some other course/job) that represents a skill in dissecting cases whether in the criminal realm or not;

    3. The applicant has a strong academic performance in prior criminal courses, legal research and writing;

    4. The applicant is self-motivated;

    5. The applicant should provide statement of interest in the course (up to two pages).

    Application Process:

    Please submit by email the following:

    • Resume and the statement of interest.

    • A copy of your current transcripts (unofficial ones are fine)

    • Please indicate which semester you are applying for (this will be relevant if you are taking Evidence in the first semester, prior to the second semester course).
    Please address your application to the Vice Dean of Law (law.reception@ualberta.ca), with subject line “Wrongful Convictions Course”. Applications for the Winter 2020 semester will be accepted until 4pm April 5, 2019.

    Successful applicants will be chosen by either a review of their written application or an interview by either Mr. Beresh or other members of his firm or the faculty. If you are selected, you will be manually registered in the course.

  • LAW601 Corporate Reorganization and Restructuring (Wood)

    Prerequisite courses:

    LAW584 Bankruptcy & Insolvency Law

    Prerequisite for:

    Instructor(s):

    Professor Roderick Wood

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Students will be assessed on the following basis:
    a. court application - oral 20%
    b. court application - written 30%
    c. negotiation exercise - 30%
    d. class participation - 20%

    Course Description:

    Corporate reorganization and restructuring law defines a process through which an insolvent corporation attempts to reach an arrangement or proposal with its creditors. Some of Canada’s largest corporations, such as Air Canada, have used this process as an alternative to bankruptcy in order to avoid liquidation of the firm. Working through a hypothetical corporate reorganization, students will represent various clients and argue various positions on behalf of their clients.
    Students will acquire an understanding of the fundamental rules and principles of corporate reorganization and insolvency law within the context of a legal skills-training simulation that will also develop their ability to advise clients, negotiate with other lawyers and present arguments before a judge. The course will be co-taught by a professor and a senior insolvency law practitioner.
    The first simulation will involve a multi-party court application before a judge. Parties will make prepare notices of application, bench briefs and affidavits, and will make oral submissions on such matters as: (1) the extension of the stay of proceedings; (2) approval of an interim financing (DIP) charge; (3) the extension of the stay of proceedings to administrative bodies; (4) the removal of directors.
    The second simulation will involve a multi-party negotiation on the terms of a proposed plan of arrangement followed by a meeting of creditors in which the creditors vote for or against the amended plan.
    Participants will also be responsible for delivering a 20 minute presentation and leading a seminar discussion on an assigned topic.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Online Cases and Materials (available electronically at no charge on the TWEN site)
    Wood, Bankruptcy and Insolvency Law, 2nd ed (Irwin Law, 2015) available from U of A bookstore.
  • LAW602 Family Law Practice Issues (Hebert)

    Prerequisite courses:

    Family Law (Law 524)

    Prerequisite for:

    Instructor(s):

    Patricia Hebert, Q.C.

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    30% Written Mid-Term Assignment
    70% Final Assignment – Document Preparation and Moot argument

    Course Description:

    This course will deal with practical and unique aspects of practicing family law. Seminars and guest speakers will provide a broad and detailed review of family practice areas and skills. Assignments allow students to
    draft real court applications concluding with a moot. Seminar topics will include:
    • The impact of family separation on parties and children; the role of the lawyer
    • Handling a family practice including file organization, client management, interviewing, billing
    • Practice notes and Rules relating to family law
    • Unique areas such as Child Welfare practice and representing children
    • Advocacy in family law chambers applications
    • Preparing a proper Affidavit and special chambers brief
    • JDR’s, mini-trials, pre-trial conferences, costs in family law
    • Questioning and document disclosure in family law matters
    • Child and spousal support calculations
    • Use of accountants, reading financial statements and business valuations
    • Children’s interests and parenting after separation
    • Assessments and use of expert evidence or therapeutic support
    • Collaborative family law practice and mediation

    Special Comments:

    Required Texts (if any):

    None
  • LAW603 International Taxation (Woltersdorf)

    Prerequisite courses:

    LAW504 Taxation

    Prerequisite for:

    Instructor(s):

    Mark H. Woltersdorf, FCA, LL.B.

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% final exam. Examination is OPEN BOOK.

    Course Description:

    Canadian individuals and businesses are engaging in foreign transactions with increasing frequency as a consequence of free-trade agreements, access to goods and services online and global competitiveness. Non-Canadians who receive income from Canadian sources are affected by the manner in which Canada taxes international transactions. International taxation involves issues concerning taxation of transactions where more than one jurisdiction is involved.
    This course will explore the concepts of residence and non-residence for tax purposes; the taxation of non-residents of Canada who are employed in Canada, who carry on business in Canada or who dispose of taxable Canadian property; the taxation of non-residents of Canada who derive in investment or other passive income from sources in Canada, the taxation of Canadian residents who derive income from foreign sources; the taxation of foreign affiliates. Canada’s network of tax treaties; principles of tax treaty interpretation; the use or misuse of tax havens; international tax planning; transfer pricing; and methods to counter international tax evasion including a review of the OECD’s Base Erosion Profit Shifting report.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Introduction to International Taxation in Canada 4th ed., Vidal
    Current copy of Income Tax Act
  • LAW608 Advocacy (Duckett)

    Prerequisite courses:

    LAW453 Evidence

    Prerequisite for:

    Instructor(s):

    Mona Duckett QC

    Course credit:

    3

    Method of presentation:

    Lecture and skills practice

    Method of Evaluation:

    20% attendance and participation
    80% multiple advocacy skills presentations including one written

    Course Description:

    This course will focus on the various advocacy skills required for litigation. More emphasis will be placed on criminal trial advocacy but skills relevant to civil and administrative work will be discussed. Students will perform mock examinations, oral arguments and opening and closing addresses. Ethical, strategic and tactical considerations will be discussed as well as techniques such as use of prior statements, impeachment and use of exhibits.

    Special Comments:

    Required Texts (if any):

  • LAW608 Advocacy (Kelly & Kirk)

    Prerequisite courses:

    LAW453 Evidence required, LAW452 Civil Procedure recommended

    Prerequisite for:

    Instructor(s):

    Liam Kelly and Michael Kirk

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    70% Oral Advocacy Exercises
    20% Class participation
    10% Written Advocacy

    Course Description:

    This course will focus on developing and practicing oral advocacy and presentation skills in the civil litigation process. Students will participate in mock chambers applications, appellate advocacy arguments and will culiminate in a mock civil trial. The course will touch on strategy, technology, ethics, civility and other important aspects of civil litigation advocacy. The goal of the course is to provide the foundational advocacy skills for a civil litigation practice.

    Special Comments:

    The description for this course has not been updated from a previous year (2017-2018). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    An Advocacy Primer, 4th Edition Lee Stuesser
    RECOMMENDED TEXTS
    Bob White – The Art of Discovery; The Art of Trial
    Sopinka on the Trial of an Action, 3rd Edition
    Fundamentals Of Trial Techniques, Canadian Edition, Second Edition
  • LAW608 Advocacy (Rosselli)

    Prerequisite courses:

    LAW453 Evidence

    Prerequisite for:

    Instructor(s):

    Joe Rosselli, QC

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is mock court presentations. This component of the course will be worth 60% of the grade. Class participation will be worth 30% and written work 10%.

    Course Description:

    This practical based course will expose the student to numerous litigation proceedings to allow students to develop skills in oral advocacy and presentation. Students will learn and apply practical skills relating to the skilled advocacy. Students, through simulated applications and trials, will have an opportunity to present and critique with respect to acquired skills.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Advocacy Primer (4th Edition); Stuesser, Lee
  • LAW613 Corporate Securities (Meshel)

    Prerequisite courses:

    Corporations Law (451)

    Instructor(s):

    Professor Tamar Meshel

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The primary method of evaluation in this course is an examination worth 100% of the Grade. The Exam will be “limited open book”, meaning that students may bring into the examination the textbook, legislation, and notes in HARD COPY. Students will NOT be permitted to access these materials electronically during the exam or to bring any other textbooks into the examination.
    Although there is no participation mark in this class, students are expected to come to class having completed the assigned readings and ready and willing to participate. Accordingly, the instructor reserves the right to move students up a plus or down a minus (i.e. from ‘B’ to ‘B+’ or to ‘B-‘), based on class participation

    Course Description:

    The objectives of the course are to provide students with a general understanding of securities regulation and the public policy concerns underlying it in Alberta and Canada. Foundational concepts of securities law will be introduced, as well as additional topics such as the prospectus process, exempt market transactions, continuous disclosure requirements, insider trading rules, take-over bid rules, civil liability, and enforcement.

    Required Texts (if any):

    Condon, Anand & Sarra, Securities Law in Canada: Cases and Commentary, 3rd edition (2017, Emond Montgomery)
  • LAW640 Real Estate Transactions (Kortbeek)

    Prerequisite courses:

    LAW440 Property Law

    Prerequisite for:

    Instructor(s):

    Nancy L. Kortbeek

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% Final Exam (Closed Book).
    The Course Syllabus will be provided to students with the Final Exam. As well, the students will be allowed to bring into the exam the statutory materials (without any written annotations) that are provided on TWEN with the course.

    Course Description:

    A study of the law relating to purchases and sales of real property, which shall include a review of the following:
    a. the role and duties of realtors;
    b. certain statutory and contractual requirements relating to real property transactions (including the Statute of Frauds);
    c. the obligations of vendors’ in relation to title and quality defects in a real estate transaction (including the caveat emptor principle and exceptions thereto);
    d. the respective rights and responsibilities of vendors and purchasers in relation to the closing of a “typical” residential real estate transaction; and
    e. the potential remedies available to a vendor or purchaser in the event of a default by the other party.

    Special Comments:

    Required Texts (if any):

    Cases and materials that will be available to the students electronically on TWEN.
    There is no required textbook.
  • LAW645 Statutory Interpretation (Hutchison)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor Cameron Hutchison

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    Two assignments, one in-class presentation.

    Course Description:

    Virtually all areas of law are regulated by statute. A sizable portion of judicial decision-making is dedicated to interpreting the meaning of statutory language. Even more so, lawyers are constantly confronted with interpreting statutory language when they advise clients, or argue cases before courts. Statutory interpretation is, like the ability to analyze case law, a fundamental skill that any good lawyer must have. This course offers an overview of the theories, approaches and techniques of the art of statutory interpretation.

    Special Comments:

    The description for this course has not been updated from a previous year (2018-2019). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    TBA
  • LAW651 Municipal & Planning Law (Noce)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Robert Noce

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    TBA, includes final exam.

    Course Description:

    This course explores the legal framework for implementing land use policy in Alberta, with particular emphasis on the structure and powers of local governments. We begin by asking some controversial questions: when should development be regulated, and when best left to the market? What is the role of municipalities in the planning process, and what powers should they have? We proceed to examine the development approval process, including the rights of neighbours and other affected parties to challenge undesirable development, and the institutions and mechanisms designed to resolve land use disputes. We study a range of regulatory tools, including statutory plans, zoning, and subdivision controls under the Municipal Government Act, as well as private instruments such as restrictive covenants and homeowners associations. Various approaches will be used to tackle contemporary debates over issues such as “smart growth” and sprawl, and affordable housing.

    Special Comments:

    Course description not received; please contact instructor for course details.

    Required Texts (if any):

  • LAW660 Estate Planning (Sprysak)

    Prerequisite courses:

    Taxation (Law 504)

    Prerequisite for:

    None

    Instructor(s):

    Professor Chris Sprysak

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    The method of evaluation in this course is a mid-term exam worth 30% of the Grade and a final exam worth 70% of the Grade.
    Students will be allowed to bring into the exam the Income Tax Act (without written annotations), one page (double-sided) of notes, and a non-programmable calculator. Students will also be provided with a copy of the Detailed Course Outline with their examination.

    Course Description:

    The overall objective of this course will be to explore lifetime and testamentary financial planning directed at the accumulation of wealth, its use and its disposition for the benefit of succeeding generations and, at all times, its protection from unnecessary erosion. While the emphasis will be on the tax planning aspects of estate planning, other areas of law will be incorporated as appropriate. All of the topics discussed will include a consideration of the applicability of the general anti-avoidance rule in the Income Tax Act (Canada).

    Special Comments:

    None

    Required Texts (if any):

    None
  • LAW665 Corporate Taxation (Dolson)

    Prerequisite courses:

    Taxation (LAW 504)

    Prerequisite for:

    Instructor(s):

    Michael Dolson

    Course credit:

    3

    Method of presentation:

    Lecture

    Method of Evaluation:

    100% Final Exam-open book

    Course Description:

    This course will build on Taxation Law 504 and explore many of the basic principles, provisions, and planning concerning the taxation of Canadian corporations (with an emphasis on private corporation) and their shareholders.

    Special Comments:

    The description for this course has not been updated from a previous year (2016-2017). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    Current version of the Income Tax Act (Canada)
    Other material TBD
  • LAW675 Advanced Evidence (Seaman)

    Prerequisite courses:

    Evidence (LAW 453)

    Prerequisite for:

    Instructor(s):

    Alexandra Seaman

    Course credit:

    3

    Method of presentation:

    Seminar

    Method of Evaluation:

    - A written assignment worth 50% focusing on a student-chosen, instructor approved, topic related to the themes of this course. Topics will be chosen about one month into the Course, reflecting a challenge and analysis into a perceived problem area in evidential jurisprudence, give an example from a reported case or inquiry, and make a suggestion for reform;
    - An oral and audio visual presentation of the topic to the class worth 25%; and
    - Class participation worth 25%

    Course Description:

    This will be a seminar based course focusing on in-class discussions with guest speakers, providing practice perspective and tips, including discussions about the ethical obligations and practical considerations of Crown and defense counsel in assessing evidentiary issues at the pre-investigative, investigative, charge, trial, sentencing, and appeal stages.
    Topics may include Mr. Big operations, expert witness qualification (including mock qualification voir dires to examine ABCA direction in Jacobs and SCC pronouncements in Sekhon) and cross-examination on topical issues including fentanyl, drug trafficking, etc., confidential informant privilege, assessing evidence in wiretap, fraud, and other “mega” trials, challenging expert evidence; credibility; voluntariness rule; narrative evidence; raising reasonable doubt through faulty investigations, with all topics considered in light of recent jurisprudence.

    Special Comments:

    The description for this course has not been updated from a previous year (2015-2016). The information shown may have changed. Please contact the instructor for any specific questions you may have related to this particular course section.

    Required Texts (if any):

    All materials will be accessible online or via email.
  • LAW696 Graduate Seminar: Practice and Theory in Legal Scholarship (Muir)

    Prerequisite courses:

    Prerequisite for:

    Instructor(s):

    Professor James Muir and guests

    Course credit:

    3

    Method of presentation:

    seminar

    Method of Evaluation:

    There will be several assignments of 1 to 12 pages in length building toward a graduate thesis or dissertation proposal.
    Students will be expected to do between 50 and 100 pages of reading a week and discuss the readings in class.

    Course Description:

    This course is an introduction to academic legal study. It has two components. The assignments will draw the two components together.
    First, we will read and discuss legal scholarship that adopts a wide variety of methods. The goal is to expose you to the range of possibilities in graduate study and to help you develop a critical understanding of common methods and theories employed in legal scholarship.
    Second, we will work on the skills required to success in legal scholarship: planning, researching, and writing.

    Special Comments:

    LAW696 is for graduate student registration only.

    Required Texts (if any):

    None. All texts will be available through the library website.

Frequently Asked Questions