Constitutional Law of Canada

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• the tensions between a system of individual rights stemming from the Charter of Rights and the protection of group and collective rights, including those of the Aboriginal peoples of Canada.
• the sources of constitutional law in Canada and the differences between them;
• the development of the Federal structure of governance in Canada and the significance of the system of Parliamentary democracy;
• the historical evolution of the Canadian constitutional settlement, in particular, the transition from a colonial territory to a constitutional state;
• the principles of constitutionalism which underpin the doctrinal rules and application of the law;

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• ocate and analyse relevant other primary and secondary source materials;
• engage and apply comparative and critical approaches to a wide variety of issues;
• think critically, develop coherent arguments and communicate these arguments;
• exercise initiative, responsibility and creativity to conduct a piece of independent research and to engage with personal and professional development.
• construct arguments clearly and coherently in writing demonstrating an appreciation of academic integrity;

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• analyse and reflect upon the nature and effect of constitutional rights when defining individual and collective identities in the light of historical and current political struggles over race, gender, regional and Aboriginal self-determination;
• critically evaluate the pressures for reform and change in the Canadian constitutional settlement;
• assess the importance of constitutional law in relation to the distribution of public goods and legal entitlements to individuals, communities and political jurisdictions;
• think critically about the implications for modern law in historically diverse and complex political communities.

This module will introduce to you the Law, Institutions, Historical development and tensions which underpin the on-going development of the Canadian Constitution. Topics covered may vary slightly from year to year but will typically include:

• Outline of the historical development of the Canadian constitutional settlement;
• Sources of the Constitution Law of Canada;
• Federalism;
• Aboriginal Rights;
• Charter of Rights;
• Equality.

The Module is taught by means of a weekly 2-hour seminars. You will be expected to have read materials assigned and where appropriate to take full part in discussion of them with your tutor and fellow students.

Preparation for and participation in the weekly seminars will develop:

• knowledge required to satisfactorily achieve the stated learning outcomes;
• your ability to assess and comment critically on the effectiveness of others’ legal argument and to discuss and defend your own argument;
• your ability to engage effectively with key legal research skills;
• your organisational and time management skills.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Essay

• Assessment Type: Formative
• Feedback: Written feedback.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.