Division of Powers Syllabus

CML 2313 is an introductory course devoted to the structure and operation of Canada's Constitution. CML 2313 will introduce students to the legal doctrines that underlie the Constitution of Canada, particularly to the doctrine of federalism. CML 2313 will also introduce students to the process of Canada's continuing constitutional evolution.
Readings are assigned for each class according to the schedule below. Students are expected to read the assigned materials prior to the class indicated, and to be prepared to discuss the materials in class.
  1. To familiarize students with the structure and substance of Canadian Constitutional Law, excluding the Charter of Rights;
  2. To familiarize students with techniques of Constitutional interpretation;
  3. To introduce students to the literature which expounds the Constitution, including case law and doctrine;
  4. To introduce students to techniques for identifying Constitutional issues; and
  5. To introduce students to methods of analysis which involve the Constitution in resolving legal problems.
  • What intellectual skills will you learn in this course? At the conclusion of this course, you should be able to:
  • recognize a constitutional issue inside a story;
  • analyze what facts are relevant in the story, and which are missing, in order to litigate the constitutional issue in court;
  •  advise a client about what a court is likely to decide concerning the issue you have identified;
  • identify the kinds of arguments a court will likely find persuasive on both sides of the issue;
  • manufacture mature versions of these arguments.
One take home, final examination, six hours in length, with a maximum submission of ten, typed (12 pt) double spaced pages, will count for 100% of the final mark. You may also write this exam in the law school computer lab, which will be reserved for your use at exam time.

J.E. Magnet, Constitutional Law of Canada (9th edition), Vol. I. Edmonton: Juriliber, 2007

Supplementary readings as indicated in class (if any). Supplementary readings will be placed on reserve in the law library.