Crim 135 AB2: Canadian Law and Legal Institutions

Instructor: Camia Weaver Email: camia.weaver@ufv.ca

Day: Wednesdays Phone:
Time: 11:30 – 14:20 Office #: ABA203a
Room #: ABA210 Office Hours: Weds. 14:40 – 15:40 by
appt. or on Zoom

Calendar Description:
This course introduces students to the Canadian legal system in preparation for law-related courses. It
examines the origins and role of the law, the Canadian system of courts, the legal profession, legal
reasoning and statutory interpretation, and provides an overview of the areas of private and public
substantive law in Canada.

Learning Outcomes:
At the end of this course, students should be able to:

· Understand the purpose and sources of Canadian law, including historical, cultural, and other
influences on the development of law and legal institutions
· Discuss the nature of legal reasoning including “precedent” and principles of statutory
interpretation
· Describe the building blocks of Canada’s legal system, especially its constitutional framework
and the Canadian court system
· Describe the roles and responsibilities of members of the legal profession
· Explain the fields of private (tort and family) law and public (administrative and criminal) law
· Discuss the process of law reform in Canada and the basics of international law

Required Text(s):
Canadian Law: An Introduction (8th Edition) 2024 Boyd, Love, O’Doherty

Other readings as listed

Schedule of Topics and Readings:

Week #1 (Jan 8) - Course introduction, Charter of Rights and Freedoms

This session will deal with administrative matters, the assigned text, course requirements and
expectations. An overview of the course will be provided, including assignments. We will then look at
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some of the main features of the Canadian Charter of Rights and Freedoms – what are the rights and
freedoms; when, how, and to whom/what does it apply; in what circumstances are rights limited; etc.
PreReading: https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-
charter-rights-freedoms.html

Week #2 (Jan 15) - The Role of Law

This week we have an overview of the diversity of individual and theoretical perspectives on the law
as a whole: its underlying purpose, how it should be applied and/or challenged, and what
considerations should constitute the basis for the creation and application of laws.
PreReading: Boyd – Chapter 1

Week #3 (Jan 22) Sources of Law

The historical sources of Canadian law, the conceptual divisions of law, and the multiple contexts
which affect the ways in which Canadian law has developed.
Assignments will be introduced with instructions and discussion of requirements.
PreReading: Boyd – Chapter 2

Week #4 (Jan 29) Legal Interpretation

The basic rules and principles of statutory interpretation which guide judges (and provide arguments
for lawyers) in how they interpret statutes. The three Rules of Interpretation: 1. plain meaning, 2.
reading in context, and 3. the rule in Heydon’s case will be covered, as well as the three Grammatical
Principles of Construction. We will look at how these principles and rules are applied in practice, and
the impact of legal precedent in guiding statutory interpretation.
PreReading: Boyd – Chapter 3

Week #5 (Feb 5) The Foundations of Canada’s Legal System

We will briefly review the historical development of the Constitution of Canada from the British North
America Act 1867 to the Constitution Act 1982 and issues of federalism in relation to the unique
position of Quebec.
We will again review the Canadian Charter of Rights and Freedoms including a look at how it differs
from its predecessor the Canadian Bill of Rights, the impact of the Charter on parliamentary
supremacy and the limitation imposed by s. 1, and the actual rights and freedoms protected by the
Charter.
PreReading: Boyd– Chapter 4
Assignment #1 due

Week #6 (Feb 12) The Court Structure and the Legal Profession in Canada
The structure of courts within Canada and the difficulties that arise from the complexities of
substantive and procedural law. The rise of alternatives to “traditional” Euro-Canadian court processes
will also be discussed as a means to increase efficiency, provide more appropriate resolutions to
conflict, decrease wait times and expenses, as well as providing a more collaborative and less
adversarial context for problem solving.
PreReading: Boyd – Chapters 5 and 6

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Feb 19 – READING WEEK

Week #7 (Feb 26) Midterm Exam

Week #8 (Mar 5) Tort Law

The distinction between tort law and criminal law lies mainly in the distinction between what is a
private wrong and what is considered a wrong against the state, even where the victim is a private
person or entity. We will look at various liabilities in tort law from the intentional infliction of harm to
harm resulting from negligence, and how the distinction can affect levels of compensation.
PreReading: Boyd – Chapter 7

Week #9 (Mar 12) Family Law

The focus of this class will be on the changing nature of family law particularly in relation to marriage,
divorce, support, and child custody, and how these reflect changing views in our society.
PreReading: – Chapter 8

Week #10 (Mar 19) Administrative Law

Administrative law concerns the judicial review of decisions made by administrative tribunals through
delegated authority. Examples where administrative tribunals or boards have decision-making power
include residential tenancy, labour relations, parole, immigration and refugees, human rights, etc. We
will discuss the basis for and underlying principals in the judicial review of administrative decisions
including procedural fairness, exceeding jurisdiction, abuse of discretion, and natural justice.
PreReading: Boyd – Chapter 9

Week #11 (Mar 26) Criminal Law

We will look at the three categories of crime: offences against the person, offences against property,
and “morality” crimes which are sometimes called victimless crimes. We will review the two main
components required for conviction: actus reus (evil act) and mens rea (guilty mind) and some of the
complexities in these concepts, as well as some defences and mitigations of criminal offences. We will
review categories of offences, and finally look restorative justice as an alternative and/or adjunct to
traditional sentencing processes.
PreReading: Boyd – Chapter 10
Assignment #2 due

Week #12 (Apr 2) International Law

This will be an overview of the development of international law through custom and treaties, as well
as the development of the UN and the International Court of Justice after WW II, and of the
International Criminal Court which has jurisdiction to prosecute individuals for the international
crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.
PreReadings:
https://www.thecanadianencyclopedia.ca/en/article/international-law
https://research.un.org/en/docs/icj
https://www.youtube.com/watch?v=Jw_cQrGwMJo&feature=youtu.be
https://www.lawnow.org/the-continuing-relevance-of-international-law-in-canada/

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Week #13 (Apr 9) Course review and final exam preparation

Finally we will look at some of the history and issues of law reform in Canada, including the history of
Law Reform Commissions in Canada and stakeholder recommendations for transforming Canada’s
criminal justice system to address some of the problems in this system.

Course Evaluation:
Participation: 10%
Assignment 1: 15%
Midterm Exam: 20%
Assignment 2: 25%
Final Exam - 30%
Final exams April 14 - 26 – per final exam schedule; keep entire period free until UFV exam
schedule is posted

Exams, Assignments, and Presentations:

Participation –active participation in class and/or in online discussion forum is required in order to
receive marks. Quality (i.e. substantive v. superficial) is relevant in the assignment of marks.
Assignment 1 – due Feb 5. Assignment 1 is a “case brief”; the specific case will be assigned in the
first week of classes, and instructions will be provided in class and via Blackboard.
Midterm – during class hours on Feb 26
Assignment 2 – due March 26.
Final Exam – in person during final exam period (date/time TBD)

Use of Artificial Intelligence (AI):

Students are not permitted to use any artificial intelligence software or programs for any
assignments or exams in this course. The use of any such software or programs will be
considered a violation of UFV’s academic integrity policy (Policy 70) and will be addressed
accordingly.

Course Copyright:
Professors and instructors are the authors of their original course materials, lectures, assignments, and
exams. Any material for the course (e.g., lecture notes, lecture recordings, PowerPoints, syllabus) is
solely for the use of students registered in the course for class purposes. These materials must not be
posted online or shared with others without the instructor's permission.

Policy on Missed Exams and Assignments:

As per Policy 46, students are required to submit all assignments on time and take all exams at
the times scheduled. Failure to meet these requirements may result in the instructor assessing
penalties or refusing to accept the assignment. Instructors may accommodate students who miss an
exam or assignment deadline due to documented medical circumstances, bereavement of immediate
family members, or emergencies. Under most circumstances, a missed exam or assignment will result
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in a grade of “zero” for that exam or assignment. Make-up exams are not permitted unless there are
extenuating circumstances and with the prior approval of the instructor. Extenuating
circumstances are limited in definition and are defined by the instructor. An example of an
extenuating circumstance would be the hospitalization of a student. Lack of preparation, forgetfulness,
holidays, sleeping in late, or work obligations are not acceptable examples of extenuating
circumstances.

Policy on Make-up Assignments and Rewriting Papers:

There are no make-up assignments or rewrites on papers/assignments. It is important that you
read, understand, and follow all instructions for assignments to ensure you complete them
properly, and that you start early to meet the deadline. If you are not sure about the requirements –
ask the instructor early on so that you can complete assignments on time.

Grading System:

A+ 90 – 100% 4.33 B 73 – 76% 3.0 C- 60 – 62% 1.67

A 85 – 89% 4.0 B- 70 – 72% 2.67 D 50 – 59% 1.0
A- 80 – 84% 3.67 C+ 67 – 69% 2.33 F <50% 0.0
B+ 77 – 79% 3.33 C 63 – 66% 2.0 FD 0 0.0

Use of Electronics and Technology:

All students are expected to regularly check their UFV email for course related correspondence. The
inappropriate use of any electronic device during class sessions is expressly prohibited (e.g., social
media, any recording or filming purposes). The instructor reserves the right to forbid
individual students from using electronic devices when being used for non-course purposes.

Information on Original Research:

Due to human research ethics concerns, the conduct of original research is strictly prohibited for the
purposes of coursework. Exceptions only apply when a course has received a Human Research Ethics
Board (HREB) course designation.

Office Hours and Email Correspondence:

All students are encouraged to meet with the instructor during scheduled office hours or by making an
appointment, particularly in relation to questions about course assignments and exams. Students should
use email correspondence with restraint and can generally expect a response time of approximately 24-
48 hours during regularly scheduled working hours (Monday to Friday). The instructor reserves the
right to ask students to arrange a mutually agreed time to address specific inquiries.

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Important General and Policy Information:

It is expected that students familiarize themselves with UFV policies, procedures, and services. Please
review the following information and refer to it as needed throughout your courses.

Student Rights and Responsibilities

https://www.ufv.ca/safe-student-community/rights-and-responsibilities/
Discrimination, Bullying, and Harassment Prevention, Policy 18
https://www.ufv.ca/media/assets/secretariat/policies/Discrimination,-Bullying-and-Harassment-
Prevention-(18).pdf
Student Academic Misconduct, Policy 70
https://www.ufv.ca/media/assets/secretariat/policies/Student-Academic-Misconduct-(70).pdf
Safe Student Learning Community, Policy 204
https://www.ufv.ca/media/assets/secretariat/policies/Safe-Student-Learning-Community-(204).pdf
Attendance, Policy 62
https://www.ufv.ca/media/assets/secretariat/policies/Attendance-(62).pdf
Registration Changes, Deadlines and Information
www.ufv.ca/registration
Support Services
Student Services - https://www.ufv.ca/student-services/
Centre for Accessibility Services - https://www.ufv.ca/accessibility/
Academic Success Centre - https://www.ufv.ca/asc/
Referral to the Student Support Centre - https://www.ufv.ca/studentservices/student-support-centre/

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