Current Courses

Course Offerings 2019-2020

The presentation of this page was changed based on student feedback. If you have an improvement to suggest, sao.law [at] mcgill.ca (email the SAO) for future consideration. 

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Exam conflicts

Students may not make a course selection that produces an exam schedule conflict. A conflict is defined as two overlapping examinations, or three consecutive examinations in two days. For more information consult the Accommodations and Conflict website.


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2019-2020 Courses

The courses below are listed in alphabetical order and are sorted based on program requirements (see our BCL/LLB Program Structure and Requirements page):

1L Required Courses 
2L Required Courses
Other Required Courses
Complementary Civil Law Immersion Courses
Complementary Common Law Immersion Courses
Complementary Social Diversity, Human Rights and Indigenous Law Courses
Complementary Principles of [Canadian] Administrative Law Courses
Transsystemic Courses (2014-2015 & 2015-2016 programs only)
Elective Courses
Law Focus Week Workshops
Graduate Courses

1L Required Courses

Course Title and Number Credits Instructors Term

Constitutional Law/Droit constitutionnel (PUB2 101D1/D2)

Section 001

Instructor: Professor Colleen Sheppard
Language of Instruction: English
Description: This course provides an introduction to fundamental principles, institutions and legal developments in Canadian constitutional law. The course explores the rule of law, democracy, judicial independence and federalism. It also examines human rights and freedoms, and constitutional issues affecting Aboriginal peoples and minority linguistic communities. The course is designed to provide students with a framework for understanding constitutional issues through a comparative lens, as well as thinking critically about the historical and social context of Canadian constitutional law.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: First semester examination: 25% (assist only); Optional written assignment: 25%; Final examination: 50%.  

Section 002

Instructor: Professor Vrinda Narain
Language of Instruction: English
Description: This course in Constitutional Law provides an introduction to the basic principles, institutions and legal development in Canadian Constitutional Law. Aspects to be studied include: sources of Canadian constitutional law, federalism, the rule of law, the division of legislative powers, the role of the judiciary in Canadian democracy, Aboriginal peoples and the Constitution and the Charter of Rights and Freedoms. Canadian Constitutional law is a vast, complex and constantly evolving area of study making it impossible to cover every topic comprehensively. The objective is to enable students to develop the critical legal skills necessary to examine Canada’s constitutional framework. This course will provide students with the opportunity to examine and discuss the debates that shape constitutional law. The aim is to stimulate students’ interest in the study of the Constitution. At the end of this year-long course, the expectation is that students will have the requisite critical legal thinking skills to identify constitutional issues and to make constitutional law arguments.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: midterm 25%, final 75%

Section 003

Instructor: Professeure Alexander Pless
Language of Instruction: Français
Description: We will have a close look at the constitutional protection afforded to fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, and aboriginal rights. We will study the limits these rights and freedoms place on legislative and executive action. You will be encouraged to think critically about the role of the courts in evaluating legislative action in Canadian society.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: Sit-down midterm examination on December (30%); Sit-down final examination covering the whole course on April (70%)

6 Sheppard
Narain
Pless

Full-year

Contractual Obligations/Obligations contractuelles (LAWG 100D1/D2 )

Section 001

Instructor: Professor Helge Dedek
Language of Instruction: English
Description: (LAST YEAR) - Basic concepts of contractual obligations in the Civil and Common Law.  Formation and consent; formalities; cause and consideration. The interpretation of contracts and State control over the formation and the content of contracts. Vitiation of consent. Performance and breach; frustration and hardship; contractual remedies. Relativity of contracts and privity.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: (LAST YEAR) - Midterm exam in December, final take-home exam in April; Optional assignment.

Section 002

Instructor: Professor Fabien Gélinas
Language of Instruction: English
Description: This course covers basic concepts and theories of contractual obligations in the Civil and Common Law including how to define agreement; examining the kinds of agreements that are enforced; the content of contractual obligations; reasons for setting aside agreements; contractual remedies and rights of third parties.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: ​25% mid-term exam, 25% optional assignment and 50% (or 75%) final exam (depending on whether student did the optional assignment).

Section 003

Instructor: Professeur Vincent Forray
Language of Instruction: Français
Description: Le cours couvre les concepts, discours et arguments fondamentaux du droit des obligations contractuelles dans la tradition du common law et celle du droit civil. The course includes the following topics: the definition of agreement; the kinds of agreements that are enforced; the content of contractual obligations; reasons for setting aside agreements; contractual remedies and rights of third parties. Du point de vue de la méthode, outre l’accès aux notions de base, le cours développe une approche pratique et critique. Pratique : divers exercices sont proposés aux étudiant.e.s afin d’apprendre le maniement du discours juridique. Critique : le cours offre un recul critique afin de faciliter l’appréhension du phénomène contractuel dans le monde contemporain. Remarque : Non-native speakers of French are encouraged to take the course.  A particular effort will be made to render French legal language and terminology accessible.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: mini-assignment in December (20 %), group presentation in the class (20%) during fall or winter term, final take-home exam in April (60%).

6 Dedek
Gélinas
Forray
Full-year

Criminal Justice/Justice pénale (LAWG 102D1/D2)

Section 001

Instructor: Professor Mugambi Jouet
Language of Instruction: English
Description: The course approaches criminal justice with a particular focus on Canada, America, and Europe. Students will not only learn important technical skills used by litigators, such as identifying the legal elements of a crime. They will also develop a deeper understanding of criminal justice, including its historical, social, political, policy, economic, racial, and gender dimensions. Among other topics, we will cover the birth of modern criminal justice, prison, the death penalty, the police, social inequality, human rights, and the role of prosecutors and defense counsel in the courtroom.  
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: 1) Observation and analysis of a Quebec criminal court hearing or trial [Fall: 20%]; 2) Group project [Winter: 20%]; 3) Class participation [10%]; 4) Final exam [Winter: 50%].

Section 002

Instructor: Professor Alana Klein
Language of Instruction: English
Description: This course will introduce the basis, nature and functioning of criminal justice within and across legal orders, with a focus on Canadian criminal justice. It will examine the main determinants of crime and explore the rationales for criminalizing certain conduct, presenting criminalization as one among a number of possible models for responding to different types of conflicts, behaviours and phenomena.Further, the course will introduce key substantive, procedural, evidentiary and sentencing aspects of the criminal law, with attention to formal but also informal sources of law, including the exercise of discretionary powers by police, prosecutors, and judges,as well as the role of the different participants in the criminal justice process.Finally, the course will engage closely with the social impact of criminal justice, with particular attention to race, class, gender, indigeneity, ethnicity and power.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Fall term assignment (30%); Winter term assignment (20%); Final open book exam (50%).

Section 003

Instructor: Professeure Marie Manikis
Language of Instruction: Français
Description: Ce cours offrira une introduction à la nature et au fonctionnement de la justice pénale au sein de différents ordres juridiques, en mettant l’accent sur la justice pénale au Canada.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: 1) Séance d’observation d’une enquête sur la remise en liberté provisoire à la Cour du Québec et analyse écrite en lien avec les thèmes abordés en classe [Automne : 20%]. 2) Projet de présentation orale et brève analyse explicative écrite (1000 mots) en équipe: La note de ce projet sera aussi une note d’équipe [Hiver: 20%]. 3) Participation en classe [10%]. 4) Examen final (livre ouvert) [Hiver: 50%].

6

Jouet
Klein
Manikis

Full-year

Ex-Contractual Obligations/Obligations extra-contractuelles (LAWG 101D1/D2)

Section 001

Instructor: Professor Jaye Ellis
Language of Instruction: English
Description: Extra-Contractual Obligations/Torts is a first year law course about human relations and actions, injury, responsibility and repair. All legal traditions include within them guidelines for human behaviour and, more specifically, provisions regarding reparation for harm suffered. All students of law study “extra-contractual obligations” as a basic foundational course in order to appreciate how law views and responds to injuries we may suffer, and how it treats us as people who, whether intentionally or not, may harm others through our actions. At McGill, first year law students engage in the study of “extra-contractual obligations” in an integrated way. That is, students work within both the Common law and Civil law traditions of Canada to understand how law defines wrongdoing, injury, and the connection between wrongdoing and its harmful consequences. By doing so, you are invited to develop a sophisticated and critical comprehension of the purposes, contours and consequences of the private law of civil wrongs.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Mid-term exam– 20% ; Final exam– 50% ; A written assignment - 30%.

Section 002

Instructor: Professor Richard Janda
Language of Instruction: English
Description: Introduction to the course: Extra-Contractual Obligations/Torts is a first year law course about human relations and actions, injury, responsibility and repair.  All legal traditions include within them guidelines for human behaviour and, more specifically, provisions regarding reparation for harm suffered.  All students of law study “extra-contractual obligations” as a basic foundational course in order to appreciate how law views and responds to injuries we may suffer, and how it treats us as people who, whether intentionally or not, may harm others through our actions. At McGill, first year law students engage in the study of “extra-contractual obligations” in an integrated way.  That is, students work within both the Common law and Civil law traditions of Canada to understand how law defines wrongdoing, injury, and the connection between wrongdoing and its harmful consequences.  By doing so, you are invited to develop a sophisticated and critical comprehension of the purposes, contours and consequences of the private law of civil wrongs.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Mid-term exam– 20% of the final grade. Final exam– 50% of the final grade. A written assignment - 30% of the final grade.

Section 003

Instructor: Professeur Lara Khoury
Language of Instruction: Français
Description: : Les obligations extracontractuelles est un cours de droit de première année sur les relations et les comportements humains, ainsi que leurs conséquences sous forme de préjudice, sur la responsabilité et sur la réparation. Les obligations extracontractuelles est un cours de base fondamental qui nous permettra de discuter de la façon dont le droit considère et répond - ou devrait considérer et répondre – aux préjudices, et de la manière dont le droit nous rend responsables du préjudice que nous causons aux autres. Nous étudierons ce sujet de manière critique en nous appuyant sur les deux traditions juridiques canadiennes, la common law et le droit civil, afin de comprendre comment le droit définit les actes fautifs, les préjudices et le lien entre les fautes leurs conséquences. Le premier semestre sera consacré à l’acquisition d’une compréhension approfondie de la manière dont le droit dessine les contours des obligations extracontractuelles, tandis que le second sera consacré aux limites posées à la responsabilité qui découle de leur contravention.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Examen de décembre (20% de la note finale). Examen final (50% de la note finale). Un travail écrit au trimestre d’hiver (30% de la note finale).

6 Ellis
Janda
Khoury
Full-year

Foundations/Fondements du droit (PUB3 116D1/D2)

Section 001

Instructor: Professor Daniel Weinstock
Language of Instruction: English
Description: This course aims to help you identify, articulate, and call into question some of your pre-conceptions about law and justice so that you may experience law as historically and culturally located. It aims to help you find law where you least expect it but also to appreciate law differently where you most expect to find it. It invites you to explore and appreciate the burden of judgment that various (‘legal’ and other) actors bear so that you may learn to see and celebrate acts of practical wisdom and not simply sets of objective rules. This course is a foundational one in that it encourages you, in the trans-systemic spirit, to think carefully and critically about the language you not only speak, but also inherit and inhabit.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Multiple assessments.

Section 002

Instructor: Professor Ronald Niezen
Language of Instruction: English
Description: Not available yet
Restrictions/Prerequisites: Not available yet
Format: Lecture
Method of Evaluation: Not available yet

Section 003

Instructor: Professor François Crépeau
Language of Instruction: Français
Description: Arriving at the law faculty always raises questions about the nature of law and the objectives of legal education. The most important questions still lack clear answers, leaving the student (and the jurist) avenues for exploration rather than fully satisfactory explanations. Foundations of Law aims to highlight the importance of going far beyond the simple learning of legal rules, which is only an intermediate step in one’s initiation to the law, in order to seize and master the nature and nuance of legal discourse. It is thus necessary to go beyond the codes, laws, judgements and other rules to question the nature of law, the reason certain areas of human activity are governed by the law but not others, the political choices underlying the content and formulation of norms and legal institutions, the manner in which legal normativity influences behaviour and attitudes, the extent to which certain normative frameworks belong to a given legal tradition, the nature of the interaction between different legal traditions etc. Foundations of Law aims to encourage and multiply these questions, as well as providing the necessary elements that will feed such inquiries over the course of your legal careers, if not beyond.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: multiple evaluations

4

Weinstock
Niezen
Crépeau

Full-year

Integration Workshop (LAWG 110D1/D2)

Section 001 (Workshop)

Instructor: TBA
Language of Instruction
Description: The purpose of the Integration Weeks and Workshops (IWW) are to introduce you to skills and habits that will aid your integration into law school and give you moments to reflect on your place in the law. The IWW will introduce you to skills and features of law and legal studies. The Weeks focus on orienting you to the texts, institutions and vocabulary of law, while also introducing you to the three major legal traditions on which the curriculum is based. The Workshops are sessions between small groups of students, Tutorial Leaders (TLs) and professors developing further skills such as legal writing, legal drafting and responsive public speaking, among others.
Restrictions/Prerequisites
Format
Method of Evaluation: TBA (no final exam)

Sections 002, 003, 004, 005, 006, 007, 008, 009, 010 & 011 (Small Group Teaching)

Section 002: Beaudry
Section 003: Emerich (French)
Section 004: Fan
Section 005: Gélinas
Section 006: Jodoin
Section 007: Jouet
Section 008: Manikis
Section 009: Megret
Section 010: Narain
Section 011: Provost

4


Beaudry
Emerich
Fan
Gélinas
Jodoin
Jouet
Manikis
Megret
Narain
Provost

Full-year

2L Required Courses

Course Title and Number Credits Instructors Term

Judicial Institutions & Civil Procedure/Droit judiciaire (PROC 124)

Section 001 (Fall)

Instructor: Professor Jakub Adamski
Language of Instruction: English
Description: This course is intended as an introduction to the basic structure, values and problems of civil procedure. It should be seen as a vehicle for exploring issues arising in most systems of civil procedure in Canada and in the Western world generally, rather than as a survey of the rules of procedure that will dominate the lawyering experience of those who will choose litigation as a career. It addresses a broad range of questions, from strategic and financial considerations of litigation all the way to broad principles of the judicial order, as well as the key aspects of pre-trial procedure. The course is meant as an effort to highlight fundamental tensions in the organization and implementation of dispute resolution by state-appointed judges. Much of the course will be taught through problem-based learning, requiring active participation of all students.
Restrictions/Prerequisites
Format
Method of Evaluation: 25% mid-term exercise with option to do in a team; 75% take-home final exam

Section 002 (Fall)

Instructor: Rosalie Jukier
Language of Instruction: English
Description: This course is intended as an introduction to the basic structure, values and problems of civil procedure. It should be seen as a vehicle for exploring issues arising in most systems of civil procedure in Canada and in the Western world generally, rather than as a survey of the rules of procedure that will dominate the lawyering experience of those who will choose litigation as a career. It is in this sense that the course is transsystemic. It addresses a broad range of questions, from strategic and financial considerations of litigation all the way to broad principles of the judicial order, as well as the key aspects of pre-trial procedure. The course is meant as an effort to highlight fundamental tensions in the organization and implementation of dispute resolution by state-appointed judges.
Restrictions/Prerequisites
Format
Method of Evaluation: Final examination (sit-down, open book, 75%) and one mid-term assignment (25%)

Section 003 (Winter)

Instructor: Professeure Geneviève Saumier
Language of Instruction: Français
Description: Description: Ce cours se veut une introduction aux institutions, à la structure, aux principes et aux défis de la justice civile. Informé par les thèmes contemporains de la « crise de la justice civile » et de «l’accès à la justice », le contenu du cours donnera une vue d’ensemble du système de justice civile au Canada dans une perspective comparative et critique. À la fin du cours, vous devriez être en mesure de (i) vous retrouver dans un système de procédure civile écrite; (ii) identifier les enjeux contemporains de la justice civile au Canada et en faire une évaluation critique; (iii) connaître les principes fondamentaux de la justice et de la procédure civile; (iv) connaître les éléments principaux de la procédure dans un litige civil et développer des instincts par rapport aux enjeux stratégiques liés à la résolution des différends.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Visite individuelle de la chambre de pratique de la Cour supérieure et rapport écrit – 30%, 1000 mots; Examen final – 70% - examen à livre ouvert.

4

Adamski
Jukier
Saumier

Winter
Fall
Fall

Legal Ethics & Professionalism (LAWG 210)

Instructor: Prof. Daniel Jutras
Language: Français Description: Le course examine les principes de déontologie et les règles de droit qui régissent l’activité des professionnels du droit. Le cours présente différentes conceptions du rôle des avocats et les explore les sources qui énoncent des normes déontologiques, et prévoient des sanctions disciplinaires. Le cours traitera des questions déontologiques principales liées à la pratique du droit : la formation de la relation entre l’avocat et le client, le devoir de compétence, le secret professionnel et la confidentialité, les conflits d’intérêts, et la déontologie de la résolution des différends. Les dernières semaines du cours seront consacrées à l’examen des enjeux déontologiques propres à certains champs de pratique, y compris le droit criminel, la pratique au sein des organismes publics ou corporatifs, les actions collectives et le droit communautaire.
Restrictions/Prerequisites: n/a
Format: Cours interactif et ateliers
Method of Evaluation: un examen intra pour 50% de la note et un examen final pour 50% de la note.

3 Jutras Winter

Property/Les biens (LAWG 220D1/D2)

Section 001

Instructor: Professor Kirsten Anker
Language of Instruction: English
Description: (LAST YEAR) - Property – Les Biens is an introduction to the foundations, principles and mechanisms of property law from a transsystemic point of view. The course examines common law, civil law and indigenous traditions in respect of property, including key relationships in respect of things and services as well as limitations on property rights.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: (LAST YEAR) - Individual Essay (Fall) (20%); Quiz (Fall) – in class (15%); Group Assignment (Winter) (40%); Exam (Winter) (25%).

Section 002

Instructor: Professor Tina Piper
Language of Instruction: English
Description: In this second year course we will be exploring the foundations, principles and mechanisms of property law. This will be done from a transsystemic point of view that examines common law, civil law and indigenous traditions in respect of property. Guest speakers and plenaries will contextualize the learning in the course. We will also consider the justice of property allocations and novel conceptions of property rights such as the commons.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: 40% Group Project; 20% Essay; 15% Quiz; 25% Final Exam.       

Section 003

Instructor: Professeure Yaëll Emerich
Language of Instruction: Français
Description: The foundations, principles and mechanisms of property law from a transsystemic point of view. Examination of common law, civil law and indigenous traditions in respect of property. Key relationships in respect of things and services as well as limitations on property rights.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: 20% Individual Essay, 15% quiz, 40% group assignment, 25% open book exam

6 Anker
Piper
Emerich
Full-year

Other Required Courses

Course Title and Number

Credits

Instructors

Term

Advocacy (PRAC 200)

Language of Instruction
Description: The course provides an opportunity to critically analyze and develop advocacy skills. Students will be exposed to advocacy in a range of settings, including mediation, trial advocacy and written advocacy. This course is taught using both lectures and small group tutorial session workshops.
Restrictions/Prerequisites
Format
Method of Evaluation: Pass/Fail: To pass this course, students must meet both the Attendance requirement and the Coursework requirement, which are equally weighted. Coursework Requirement: Four (4) assignments evaluated on a Pass/Fail basis: two drafting exercises and two oral advocacy exercises. These assignments are completed during the day. Students will have one assignment per day. If an assignment receives a “Fail” grade, the student will be required to complete a supplemental written assignment. Attendance Requirement: Any student missing more than two (2) hours of class time during this course, for whatever reason, will be required to complete a supplemental written assignment.

1 TBD Fall

Business Associations/Droit des affaires (BUS2 365)

Section 001 (Fall)

Instructor: Dr. Ignacio Cofone
Language of Instruction: English
Description: We will study the law of business associations through the lens of corporate governance and contract theory. We will see agency law, partnerships, and corporations, with a focus on publicly traded corporations. While doing so, we will highlight the economic incentives involved in different forms of associations and the policy questions triggered by them. By the end of the course, students should be able to (i) understand fact patterns involving different kinds of business associations, (ii) know the content and applications of the relevant law (statutory and case law), and (iii) discuss policy questions involving business associations. Classes will be structured as a discussion, not a lecture. Students are expected to participate in classroom discussion demonstrating engagement with the materials.
Restrictions/Prerequisites: N/A
Format
Method of Evaluation: Your grade will be based on a final exam, class participation, and assignments. Grades will break down as it follows: final exam 70%, class discussions 10%, and mid-term assignment 20%. The exam will be a 2-hour, in class, open book exam. Class participation credit will be given based on quality, not quantity. There will be two one-week take-home assignments in the semester and you can choose which one to complete.

Section 001 (Winter)

Instructor: Professor Victor Muñiz-Fraticelli
Language of Instruction: English
Description: (LAST YEAR) - This course examines the law relating to Canadian business organizations, focusing on partnerships and especially business corporations. It aims to provide students with a trans-systemic introduction to the basic legal concepts underpinning the creation, management and governance of business associations. The term “trans-systemic” is taken to mean not simply the side-by-side comparison of legal doctrine, although we will do some of that, but rather the attempt to gain insight into the way in which the corporation works across and between legal orders. We will therefore look at the operation of business associations diachronically (across time in the same or in different jurisdictions) and synchronically (across contemporary jurisdictions).
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: (LAST YEAR) - Partnership agreement exercise 15%; Corporate constitution exercise 25%; Final Exam 60%.

Section 003 (Fall)

Instructor: Professor Richard Janda
Language of Instruction: French
Description: This course explores the predominance of the business association as a mode of social organization. The capitalist economy has become a second nature to us seeming to operate with its own self‐reproducing norms and arrangements. How and why do different business forms arise in this economy? What kind of law is associated with them? How are they governed? How do they vary across the globe in the various existing permutations of capitalism? How are they held accountable? How do they produce law themselves? These broad and difficult questions form the basis for the class, which also seeks to familiarize students with the some of the basic elements of the law of business associations, notably through a series of group drafting exercises.
Restrictions/Prerequisites:
Format: Lecture with significant class discussion and group work.
Method of Evaluation: Group exercises (50%) Class blog contribution (25%) Exam Essay (25%).

4

Cofone

Muñiz-Fraticelli

Janda

Fall

Winter

Fall

Complementary Civil Law Immersion Courses

Course Title and Number

Credits

Instructors

Term

Advanced Civil Law Obligations (PROC 200)

Language of Instruction: English
Description: TBA
Restrictions/Prerequisites
Format
Method of Evaluation

3 Fan Fall

Assurance (BUS2 561)

Language of Instruction: French
Description: Objectifs du cours: Le cours couvre les éléments fondamentaux du droit des assurances, tant en droit civil québécois qu'en common law canadienne. Les sujets suivants seront abordés: - le contexte historique de l’assurance;- les différents acteurs et les dispositions législatives et réglementaires; - la formation du contrat d’assurance;- l’interprétation du contrat d’assurance;- les assurances responsabilité, de biens et de personnes; - les questions de couverture d'assurance; - la subrogation.  Le cours permettra à l’étudiant d’acquérir des connaissances sur l’industrie de l’assurance et de comprendre le droit régissant ce type de contrat au Canada. Le cours étant enseigné par des praticiens, l’étudiant sera en mesure de saisir la manière dont les règles de droit sont appliquées au quotidien.
Restrictions/Prerequisites
Format
Method of Evaluation:  Examen(s): L'évaluation se fera sous forme d'un examen à livre ouvert d'une durée de 3 heures qui comptera pour 100% de la note finale. L'examen contiendra quatre questions, chacune avec un poids de 25%. Un maximum de 500 mots sera permis par réponse.

3  Aucoin, David, McCann, Shah Winter

Law of Persons/Droit des personnes (PRV2 270)

Language of Instruction: Français
Description:: Ce cours consiste en une introduction au droit des personnes dans le but d’en acquérir les connaissances fondamentales. Seront ainsi abordées les thèmes du livre premier du Code civil du Québec que sont la personnalité juridique, jouissance et l’exercice des droits civils; les droits de la personnalité; l’état des personnes; la capacité des personnes selon une perspective critique et historique. Certaines notions maîtresses feront l’objet d’un examen plus poussé comme celles de sujet de droit, de capacité juridique et d’autonomie ou encore de mort.
Restrictions/Prerequisites: Aucun.
Format: Lecture
Method of Evaluation: Synthèse de cours (75%), Commentaire critique d’une œuvre (25%)

3 Anne-Sophie Hulin Winter

Complementary Common Law Immersion Courses

Course Title and Number

Credits

Instructors

Term

Advanced Common Law Obligations (PRV3 200)

Language of Instruction: English
Description: Advanced Common Law Obligations develops your knowledge, appreciation, comprehension, and skills related to the study of private law obligations in the common law tradition. Throughout the course, we will explore, in tandem, both the nature and method of the common law and selected issues and problems in the substantive law of obligations. Proximity will serve as an overarching theme for our examination of the contours and reach of tort, contract, and fiduciary obligations in various concrete contexts. Your previous transsystemic study of extracontractual and contractual obligations, as well as of the foundations of Canadian law, will serve as preparation for Advanced Common Law Obligations. Characterized by intensive immersion in, and engagement with, common law sources, approach, and structure, the course complements your encounter with Advanced Civil Law Obligations, and prepares you for further work in the Anglo-Canadian common law tradition.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: 75% Final Assignment (2,500 words), due date TBA (at the end of term or early in the exam period) 25% In-class work (short commentary paper plus group leadership – dates assigned individually)

3 Van Praagh Winter

Remedies (PRV3 534)

Language of Instruction: English
Description: Focussing primarily on the common law, this course provides a critical examination of the law relating to court rulings (‘remedies’) made in the context of private law disputes. By the end of the course, students should be able to understand, critically discuss, and apply: (1) different views about the general nature of, and justification for, remedies; (2) the principles governing the availability of the main private law remedies available in the common law (e.g., injunctions, specific performance, compensatory damages, gain-based damages, punitive damages, restitution, and constructive trusts). Finally, because remedial law cannot be understood separately from substantive law, the course also provides an overview of the general structure of private law.
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: Assignment Essay (50% of final grade); Final Exam (sit-down, open book, 50% of final grade).

3

Prof. S.Smith

Fall

Restitution (PRV4 500)

Language of Instruction: English
Description: This course examines the common law of restitution, with a focus on how the subject has evolved in the common law world and especially in common law Canada in the last 50 years. This includes the nature of ‘unjust enrichment’ and competing ways of understanding claims in restitution; the elements of claims for restitution; juridical methods of ordering restitution; and defences to claims for restitution.
Restrictions/Prerequisites: Property and Business Associations.
Format: Lectures, discussion and student presentations (in groups).
Method of Evaluation: Presentations, mid-term, and take-home examination.

3

Prof. L.Smith

Fall

Equity & Trust (PRV4 549)

Language of Instruction: English
Description: This course examines the common law trust, which is a mode of holding property. Topics will include the historical foundations of the trust as a creature of Equity; the nature of the trust; its many applications in the modern world; the creation and conditions of validity of the trust; powers and obligations of trustees; breach of trust and its consequences; trusts arising by operation of law; and the termination of trusts. The theme of the course is the study of the practical and theoretical implications of the juridical nature of the common law trust as a relationship with respect to property.
Restrictions/Prerequisites: Property and Business Associations.
Format: Lectures, discussion and co-operative drafting.
Method of Evaluation: Mid-term and take-home examination.

3

Prof. L.Smith

Fall

Complementary Social Diversity, Human Rights and Indigenous Law Courses

Course Title and Number

Credits

Instructors

Term

Aboriginal Peoples and the Law (CMPL 500)

Language of Instruction: English
Description: Introduction to legal relationships between Indigenous and non‐Indigenous peoples (treaties and negotiated agreements, reconciliation); state regulation of Aboriginal peoples in Canada (constitutional powers, the Indian Act, criminal law and sentencing); and Indigenous rights in domestic and international law (aboriginal rights, consultation and FPIC). Both European‐derived legal traditions and Indigenous legal traditions are relevant to the “law” in this context, and there will be a focus on the diverse forms, institutions and processes of law, and the ways in which they intersect, from different disciplinary perspectives.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: Class participation and exercises, quizzes, term paper.

3 TBA Winter

Civil Liberties (CMPL 573)

Language of Instruction: English
Description: Civil Liberties: Dissent and Democracy introduces students to the theory and practice of civil liberties in relation to dissent and advocacy in democratic states with a strong focus on Canada. Students critically analyse the rights to freedom of the press, expression, conscience, religion, association and peaceful assembly as they are negotiated in complex contexts that engage with other rights and interests, including privacy, digital rights, access to information and academic freedom. These dimensions of civil liberties have historically been articulated and claimed in opposition to the government or the state, but increasingly, they are also claimed against or in reference to Academe, the media, social media and civil society. The course uses a critical, interdisciplinary and multimedia approach that situates the spaces and places where dissent and advocacy take place, as well as the identity of the dissenter, as contested issues in law and society.
Restrictions/Prerequisites
Format
Method of Evaluation:  Research paper: 75% of final grade. Participation, Attendance and Class Engagement: 5%. In-term assignment: Group Presentation or Conference Write-Up/Case Study: 20 %.

3 Eliadis Fall

Critical Engagements with Human Rights (LAWG 505)

Language of Instruction: English
Description: This seminar examines the connections between the theory and practice of human rights. It explores theoretical, ethical, and strategic issues related to human rights discourse, advocacy and activism, critically examining fact finding, monitoring, reporting, litigation, and grassroots mobilization in advancing human rights. Students will acquire a nuanced understanding of the roles, responsibilities, and limitations of human rights lawyers and professionals, by critically analyzing multiple human rights discourses. The seminar is built upon recognition that students bring knowledge, experience and a diversity of perspectives to the classroom. The seminar draws heavily from students’ experiences, which guide the exploration of theoretical, ethical, and strategic issues related to human rights work. It represents part of an innovative clinical education program developed at the Faculty. The second half of the course includes a writing workshop component with the aim of translating field experiences into academic writing. The seminar employs participatory and collaborative learning strategies and the research and writing is guided through a systematic peer review process. Students who register in the course must have completed a Human Rights Internship, unless permission is granted by the instructor.
Restrictions/Prerequisites: Human Rights Internship Field Placement (Limited space for students who have pursued independent internships) . Need instructor authorization to register
Format: Seminar
Method of Evaluation: 10% class participation, 15% group project and class presentation (co-facilitation and designing of an assigned class), 75% final paper (including 10% peer review participation)

3 Ramanujam Fall

Discrimination and the Law (CMPL 575)

Language of Instruction: English
Description: The purpose of the seminar is to provide you with an opportunity to do advanced research and writing on a topic related to discrimination and inequality.  The course is designed to introduce you to key conceptual debates and legal developments surrounding equality rights in both the statutory human rights, international and constitutional domains.  We will inquire into the multiple roles that the law plays in both perpetuating systemic inequalities and in promoting social and legal equality.  We will also examine the importance of developing a contextual and structural approach to equality rights from a micro, institutional and macro perspective.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: Research paper (approximately 8,000 words - excluding footnotes & bibliography) (75 per cent); Research paper outline (5 per cent); Short oral presentation of your research findings (10 per cent); Seminar participation (10 per cent).

3 Sheppard Winter

Law and Psychiatry (PUB2 500)

Language of Instruction: English
Description: For centuries, mental health conditions have bedeviled law and society. From the lunacy statutes and insanity defense of the 19th century, to the asylum laws and deinstitutionalization rulings of the 20th century, to human rights and therapeutic justice-inspired laws of the 21st century, the law has played a diversity of roles regarding psychiatry. This seminar explores the dynamic dimensions of law and mental health. We begin with an overview of evolving scientific knowledge and understanding, the social construction of mental “disorders,” and their treatment by institutionalization, surgical and shock therapy, drugs, counseling, etc. The overview is intended to advance critical reflection on the roles of law as it interfaces with psychiatry/mental health sciences and modern interdisciplinary thought. We then draw on diverse sources of mental health law – e.g., human rights, equality and disability law; health law, torts and administrative law; criminal law -- to examine traditional and novel issues: informed consent and rights to treatment, provider-client relations, competency/capacity, civil commitment and community treatment, human research, medical liability, forensic psychiatry, stigmatization theory and disability discrimination. The analyses draw on international and comparative norms to contrast the strengths, limits and voids of Canadian law. 
Format: Seminar
Method of Evaluation: Students will be evaluated on the basis of class participation (20%) an 8-10 page written assignment (30%) and a 15-20 page paper (50%).

3 Derek Jones Winter

Immigration and Refugee Law (PUB2 551)

Language of Instruction: English
Description: Course Objectives: 1. To learn the main concepts of international immigration and refugee law; 2. To measure the diversity of the sources, to master the main legal instruments and to work with the doctrine related to immigration and refugee law, mostly in international law; 3. To understand the contemporary issues and challenges related to immigration and refugee law, including its relations to human rights law, at the heart of the profound transformations of the universal international law regime relating to mobility.
Restrictions/Prerequisites: none
Format: Lecture
Method of Evaluation: Multiple evaluations

3

Crépeau

Winter

International Criminal Law (PUB2 502)

Language of Instruction: English
Description: This course is an introduction to international criminal law, based on the law and practice of contemporary international criminal jurisdictions. These include the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC).
Restrictions/Prerequisites
Format
Method of Evaluation: Open book exam (70%); writing assignment (20%); participation (10%).

3 Akhavan

Winter

International Humanitarian Law (CMPL 565)

Language of Instruction: English
Description: International humanitarian law, as a set of rules designed to regulate situations and behaviour marked by chaos, challenges our very notion of law. Politically, international humanitarian law has become a significant factor in international relations generally, and for Canada’s foreign policy in particular. At a substantive level, international humanitarian law has experienced exponential development in the last fifteen years, largely in reaction to a series of armed conflicts in which the belligerents’ conduct has been scrutinized by the international community. As a result, humanitarian law has emerged as a complex and unique regime to protect a series of fundamental individual and community interests during wartime. The seminar aims to provide students with an overview of the basic principles of international humanitarian law while at the same time stimulating critical perspectives on the current state of rules aimed at the protection of the victims of war.
Restrictions/Prerequisites
Format
Method of Evaluation: 75% Final Essay-25% class participation, two 500-word critiques, present paper and lead discussions. 

3 Provost Fall

International Law of Human Rights (CMPL 571)

Language of Instruction: English
Description: : The phrase “Human Rights” often features as a catchy slogan and ultimate point of reference in the discourse of states seeking to justify their policies or attempting to garner support and shore up legitimacy for practices that they are implementing vis-à-vis state and non-state actors. Yet “human rights” have also had an impact that goes beyond mere rhetoric: spearheading developments in the international criminal law enforcement through the creation of international criminal tribunals and special courts. But are human rights really of universal value? Is international human rights law really state law? If so, what is the nature and scope of the application of human rights and how have they been enforced at the international level and within states? To answer this and other questions, the course seeks to introduce students to international human rights law, including its historical development, evolution, sources, standards and institutions. It will trace developments in the substantive protection of human rights before and after the adoption of the Universal Declaration of Human Rights and the two Covenants, and highlight the debate regarding the universality/cultural relativism of human rights as well as arguments regarding the indivisibility and interdependence of rights. In addition, the course will provide an introductory overview of different categories of rights including group rights (self determination, minorities, refugees and indigenous people). A selection of other substantive rights will be examined such as the right to development, women’s rights and the right to the integrity of the person. A substantial part of the course will survey the wide range of instruments and mechanisms promoting and protecting human rights standards and norms at the international (UN) and regional levels (African, European, Inter-American), before addressing current challenges such as the application of human rights in armed conflict; while countering terrorism or by non-state actors. Another theme that will be briefly addressed is the role of non-governmental organizations (NGOs) in the implementation of human rights.
Restrictions/Prerequisites: Public International Law
Format Lecture
Method of Evaluation Participation (20%), team report (40%) and open-book final exam (40%).

3 Provost Winter

Labour Law/Droit du travail (LEEL 369)

Language of Instruction: Français
Description: Le cours a pour objectif de permettre l’identification des concepts clés des rapports collectifs de travail au Québec. Il vise l’étude du régime général encadrant les rapports collectifs de travail, soit le Code du travail du Québec. Il vise à susciter la réflexion quant aux principaux enjeux entourant le régime général, son champ d’application, ses limites.
Restrictions/Prerequisites
Format
Method of Evaluation: Participation dans le cours: 20%; Exercice facultatif: 30%; Examen final: 50 ou 80% (selon que l'étudiant aura ou non complété l'exercice facultatif).

3

Choko

Winter

Public International Law/Droit international public (PUB2 105)

Instructor: Professor Payam Akhavan
Language of Instruction: English
Description: This course is an introduction to the public international legal order, focusing on the complex interrelationship between normative aspirations, power realities, and the globalization process. The concept, viability, and discourse of legal authority in a decentralized system of sovereign States will be explored through the prism of diverse topics ranging from human rights to the use of force. The influence and practical consequences of this peculiar system on the emergence, content, and implementation of norms will also be examined. In addition, the transformation of the elements and attributes of State sovereignty will be assessed in light of the proliferation of diverse non-State actors such as liberation movements, non-governmental organizations, and transnational corporations. Beyond this distinct normative system, a significant part of the course is dedicated to understanding the interrelationship between international law and domestic law, and its far-reaching impact on Canadian constitutional law.
Restrictions/Prerequisites
Format
Method of Evaluation: An open-book exam, worth 70% of the final grade; A concise 500-word writing assignment on a selected topic worth 20% of the final grade; and Active participation in class throughout the course, worth 10% of the final grade.

3 Akhavan

Winter

Social Diversity and Law Seminar (CMPL 511)

Language of Instruction: English
Description: Social and cultural diversity poses important challenges to law, legal theory, and the language of legal rights. Relationships among individuals, their communities (eg. religious, cultural, language, ethnic), and the state are the subject of fascinating and complex theoretical debate with significant practical implications. Participants in this seminar (upper year BCL/LLB students and LLM students) will engage in an analysis and critique of various perspectives and will have the opportunity to explore concrete issues in law to which these perspectives might apply. Informed by multidisciplinary work, we will attempt to articulate ways in which law and culture interact with each other, and how law is shaped, understood and used in various contexts in which identity plays a prominent role. Intensive participation, including written reflections and group work, will prepare seminar participants for thinking about and writing on the topic of their choice.
Restrictions/Prerequisites:
Format:
Method of Evaluation: 75% Essay (8000 words) 25% In-class work (written responses, leading a session, general engagement)

3 Van Praagh Fall

Complementary Principles of [Canadian] Administrative Law Courses

Course Title and Number

Credits

Instructors

Term

Bankruptcy & Insolvency (BUS1 532)

Language of Instruction: English
Description: Canadian federal bankruptcy and insolvency laws, including the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act. Contrasting Canadian and other laws. Purpose of bankruptcy and insolvency laws. Voluntary and involuntary bankruptcy. Nature of claims provable in bankruptcy. Priorities. Workouts and corporate restructuring, both as an alternative to and using insolvency laws (proposals and Plans of Arrangement). Effects on creditors, property, individual bankrupts. Avoidance powers. Discharges from bankruptcy. Current events and implications.
Restrictions/Prerequisites: Secured Transactions recommended
Format: Lecture
Method of Evaluation: 25% mid‐term, 75 % final exam.

3 Atlas Fall

Communications Law (CMPL 577)

Language of Instruction: English
Description: This course deals with both the carriage and content dimensions of communications law and with regulatory institutions and regimes; it also touches upon related areas of law such as copyright law and other laws that apply to the distribution of content on the Internet. The central jurisdictional example used throughout the course will be Canada and the role of the CRTC (telecommunications and broadcasting), Innovation, Science and Economic Development Canada (telecommunications and radiocommunications) and the Department of Canadian Heritage (broadcasting). The course will track the tension between economic regulation in telecommunications and cultural policy in broadcasting and the new paradigm being brought forward by the Internet. Technological and business convergence, rapid change in business organizations, international business structures and the role of the Internet will form the backdrop to the course.
Restrictions/Prerequisites
Format
Method of Evaluation: Participation (25%), Quizzes (30%), Presentation (15%), Paper (30%).

3 Handa  Fall

Droit de la consommation/Consumer Law (PRV5 483)

Language of Instruction: English
Description: This course is concerned with the ways in which law defines, affects and responds to consumer interests. Taking a broad view of these interests, students will be introduced to various conceptions of consumer policy and invited to reflect on the values, objectives and effectiveness of various regulatory approaches in consumer law. More specifically, and through case studies, students will examine consumers’ economic interests, physical integrity interests and access to justice interests.
Restrictions/Prerequisites: none
Format: Seminar
Method of Evaluation: Visit to small claims court (20%), group project and presentation (30%), take-home exam (50%)

3 Saumier Fall

Discrimination and the Law (CMPL 575)

Language of Instruction: English
Description: The purpose of the seminar is to provide you with an opportunity to do advanced research and writing on a topic related to discrimination and inequality.  The course is designed to introduce you to key conceptual debates and legal developments surrounding equality rights in both the statutory human rights, international and constitutional domains.  We will inquire into the multiple roles that the law plays in both perpetuating systemic inequalities and in promoting social and legal equality.  We will also examine the importance of developing a contextual and structural approach to equality rights from a micro, institutional and macro perspective.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: Research paper (approximately 8,000 words - excluding footnotes & bibliography) (75 per cent); Research paper outline (5 per cent); Short oral presentation of your research findings (10 per cent); Seminar participation (10 per cent).​

3 Sheppard Winter

Employment Law (LEEL 570)

Language of Instruction: English
Description: This course provides a transsystemic study of the individual employment relationship. It examines the historical development of private law notions of the master-servant relationship, and considers the impact of codal reform, protective statutory regimes and human rights law on employment law and practice. Throughout the course, the relationship between economic globalization and the efficacy of existing approaches to governing employment will be explored. Challenges to the territorial regulation of employment law within the nation state will be explored, including the regulation of labour market informality, and of migrant labour.
Restrictions/Prerequisites: There are no prerequisites for this course.  The companion course is Labour Law, which deals with the collective relationship, characterized by unionization.  Together, the courses seek to give a fair panorama of the “law of work”, but a number of other courses (Labour Arbitration, Contract Negotiation, Occupational Safety and Health Law, Transnational Labour Law) would readily supplement the overview for someone interested in pursuing a career in the field.
Format
Method of Evaluation: Class participation (25%); Graduate students are required to complete a written assignment in this course. Undergraduate students will have the opportunity to complete an optional written assignment (25%); Final exam (50%).

3 Blackett Winter

Environment and the Law (CMPL 580)

Language of Instruction: English
Description: The objective of this course is to provide students with a comprehensive overview of legal mechanisms for regulating various aspects of the environment and the policy considerations inherent thereto. We will review jurisdictional issues underpinning the protection of the environment, civil liability, regulatory instruments, public participation, environmental assessment, enforcement and statutory liability and offences. We will also consider the role of First Nations with respect to environmental protection. In exploring these legal mechanisms, we will consider how they serve the objectives of protecting soil, air and water, plant and animal species and biodiversity. Our focus in the course will be on domestic law at the federal, provincial and municipal levels but we will also consider how efforts to protect the environment at the international level have shaped domestic law.
Restrictions/Prerequisites
Format: Given the nature of the subject matter and the objectives of the course, the teaching format implies active engagement of students. Most classes will consist of a lecture, student presentations and discussions commenting on readings. There will be interactive in-class exercises or case studies at appropriate stages in the course to review and synthesize the material. We will also seek to incorporate relevant materials from current events and student contributions are welcome in that regard.
Method of Evaluation: There will be a 4 hour timed take-home exam worth 85% (or 50% for students who opt to write the memo/case brief) of the final mark, to assess students’ understanding of the course material. Class participation 15%. Writing Assignment (Optional) – 35% Students also have the option to write either a memo or case commentary. It is not required to do either.

3

Boucher

Winter

Immigration and Refugee Law (PUB2 551)

Language of Instruction: English
Description: Course Objectives: 1. To learn the main concepts of international immigration and refugee law; 2. To measure the diversity of the sources, to master the main legal instruments and to work with the doctrine related to immigration and refugee law, mostly in international law; 3. To understand the contemporary issues and challenges related to immigration and refugee law, including its relations to human rights law, at the heart of the profound transformations of the universal international law regime relating to mobility.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: Multiple evaluations

3

Crépeau

Winter

International Taxation (CMPL 539)

Instructor: Professor Allison Christians
Language of Instruction: English
Description: This course explores the principles and practice of international tax law under Canada's Income Tax Act and its tax treaties. The course includes a discussion of both inbound (the taxation of employees, businesses, and investment in Canada by non-residents) and outbound (the taxation of employees, businesses, and investment outside of Canada by Canadian residents) elements of international tax. It also includes a discussion of the underlying tax policy justifications for the current international tax regime. Students may also choose to explore the international tax regime adopted by other jurisdictions.
Restrictions/Prerequisites:TBA
Format:Lecture
Method of Evaluation:TBA

3 Christians
 
Fall
 

Judicial Review of Administrative Action / Contentieux administratifs (PUB2 401)

Instructor: Professor Evan Fox-Decent
Language of Instruction: English
Description: This course introduces the basic rules and principles governing the exercise of executive and administrative power in Canada, focusing upon the law of judicial review of executive/administrative action.  Although statutory reform of this area of law has occurred (in rather piecemeal fashion), basic common law principles—in particular those concerning the rationality, legality and procedural fairness of government decisions affecting peoples’ interests—continue to dominate and are the primary subject of this course.  Attention will also be given to the underlying constitutional values (or unwritten constitutional principles) that inform the evolution of common law in this area, including the Rule of Law, Separation of Powers, Judicial Independence and Legislative Sovereignty, as well as the impact of written constitutional and quasi-constitutional instruments on the exercise of executive and administrative power in Canada, in particular the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights, 1960, and the Quebec Charter of Human Rights and Freedoms. Classes will involve a combination of lectures, discussion and problem solving. Students will be encouraged to develop the capacity to apply legal doctrine and also to consider the materials in critical, theoretical, historical and comparative contexts.
Restrictions/Prerequisites
Format
Method of Evaluation: 1. Optional written assignment – no more than 10 pages double spaced – to be submitted by email to the instructor in Word format, with student’s name included, before 15:00 on the last day of classes – worth 25% of final grade. 2. Final examination – sit down, 3 hours, open book – date and time tba – worth 75% or 100% of final grade.

3 Fox-Decent
 
Fall
 

Labour Law / Droit du travail (LEEL 369)

Language of Instruction: Français
Description: Le cours a pour objectif de permettre l’identification des concepts clés des rapports collectifs de travail au Québec. Il vise l’étude du régime général encadrant les rapports collectifs de travail, soit le Code du travail du Québec. Il vise à susciter la réflexion quant aux principaux enjeux entourant le régime général, son champ d’application, ses limites.
Restrictions/Prerequisites
Format
Method of Evaluation: Participation dans le cours: 20%; Exercice facultatif: 30%; Examen final: 50 ou 80% (selon que l'étudiant aura ou non complété l'exercice facultatif).

3 Choko Winter

Law and Practice of International Trade (CMPL 543)

Language of Instruction: English
Description: This course will concentrate on the fundamental aspects of the law governing international economic relations between states in the global economy. The course will primarily focus on the World Trade Organization and the Agreements that states have undertaken by virtue of their membership in that body. We will analyze the principal obligations found in the WTO Agreements, with particular focus on trade in goods and services and on the dispute settlement processes states can invoke when they allege violations of the covered agreements. We will look at the rise in the number of regional trade agreements and assess their interaction with the multilateral trading regime of the WTO. We will also study the intersection between WTO law and domestic law and become familiar with domestic trade law remedies. Special attention will be paid to the implications of the rise of new actors (such as China and India) in the global economy and current events.
Restrictions/Prerequisites: Public International Law (recommended).
Format: Lecture
Method of Evaluation: 35% Written assignment and 65% take‐home final exam.

3

Bjorklund

Fall

Law and Psychiatry (PUB2 500)

Language of Instruction: English
Description: For centuries, mental health conditions have bedeviled law and society. From the lunacy statutes and insanity defense of the 19th century, to the asylum laws and deinstitutionalization rulings of the 20th century, to human rights and therapeutic justice-inspired laws of the 21st century, the law has played a diversity of roles regarding psychiatry. This seminar explores the dynamic dimensions of law and mental health. We begin with an overview of evolving scientific knowledge and understanding, the social construction of mental “disorders,” and their treatment by institutionalization, surgical and shock therapy, drugs, counseling, etc. The overview is intended to advance critical reflection on the roles of law as it interfaces with psychiatry/mental health sciences and modern interdisciplinary thought. We then draw on diverse sources of mental health law – e.g., human rights, equality and disability law; health law, torts and administrative law; criminal law -- to examine traditional and novel issues: informed consent and rights to treatment, provider-client relations, competency/capacity, civil commitment and community treatment, human research, medical liability, forensic psychiatry, stigmatization theory and disability discrimination. The analyses draw on international and comparative norms to contrast the strengths, limits and voids of Canadian law.
Format: Seminar
Method of Evaluation: Students will be evaluated on the basis of class participation (20%) an 8-10 page written assignment (30%) and a 15-20 page paper (50%).

3 Derek Jones Winter

Securities Regulation (BUS2 504)

Language of Instruction: English
Description
Restrictions/Prerequisites
Format
Method of Evaluation

3 TBA Winter

Tax Policy (PUB2 515)

Language of Instruction: English
Description: This course examines the foundations of tax policy in Canada and around the world, with a focus on both classical and contemporary writing. The course will integrate a colloquium with invited speakers, who will present works in progress on current issues of national and international tax policy.
Restrictions/Prerequisites: Taxation
Format: Lecture
Method of Evaluation: Grading will be based on four papers (max 2,000 words each) to be written over the course of the term in response to selected works of tax scholarship. There will be no exam. Because this is a discussion-based course featuring invited speakers, preparation, attendance and meaningful engagement in all classes is required.

3 Christians Fall

Transsystemic Courses (2014-2015 & 2015-2016 programs only)

Course Title and Number

Credits Instructors Term

Commercial Law (LAWG 200)

Language of Instruction: English
Description: The contract of sale in the Civil Law and Common Law traditions; nature and scope of the contract of sale; conditions of formation; sale of property of another; obligations of the seller, including quality and title; obligations of the buyer; product liability; comparative reference made to the rules of the U.N. Convention on the International Sale of Goods and to American U.C.C. rules.  
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Final examination for 90% of the grade. There will be a 10% component of the evaluation for active participation in class throughout the course. Students also have the possibility to submit a paper on a subject to be agreed upon with the instructor. The paper will count for 40 % of the final grade and is to assist. A student who submits a paper will have the option to be exempt from completing questions having a weight of 40 % on the final exam.
Biography: Professor Jeffrey Edwards: Judge of the Court of Quebec (Civil Division), B.C.L. (McGill), LL.B. (McGill), LL.D. (Laval), is a former practitioner who was one of the leading experts in Quebec in the law of product quality and defective workmanship. Adjunct Professor. He is the author of the reference book on the subject: La garantie de qualité du vendeur en droit québécois.  
Me Nadine Afif: LL.B. (Université de Montréal). Attorney at the firm of Tutino Joseph Grégoire, a leading law firm in Quebec in the law of sale, construction law and product liability.

3

Edwards & Afif

Winter

Employment Law (LEEL 570)

Language of Instruction: English
Description: This course provides a transsystemic study of the individual employment relationship. It examines the historical development of private law notions of the master-servant relationship, and considers the impact of codal reform, protective statutory regimes and human rights law on employment law and practice. Throughout the course, the relationship between economic globalization and the efficacy of existing approaches to governing employment will be explored. Challenges to the territorial regulation of employment law within the nation state will be explored, including the regulation of labour market informality, and of migrant labour.
Restrictions/Prerequisites: There are no prerequisites for this course. The companion course is Labour Law, which deals with the collective relationship, characterized by unionization. Together, the courses seek to give a fair panorama of the “law of work”, but a number of other courses (Labour Arbitration, Contract Negotiation, Occupational Safety and Health Law, Transnational Labour Law) would readily supplement the overview for someone interested in pursuing a career in the field.
Restrictions/Prerequisites: None
Format
Method of Evaluation: Class participation (25%); Graduate students are required to complete a written assignment in this course. Undergraduate students will have the opportunity to complete an optional written assignment (25%); Final exam (50%)

3

Blackett

Winter

Evidence (Civil Matters)/Preuve civile (LAWG 415)

Section 001

Instructor: Giacomo Marchisio
Language of Instruction: English
Description: The law of evidence is concerned with the information used by adjudicative institutions—such as courts and arbitral tribunals—to resolve disputes. As adjudication typically involves the application of legal norms to facts, the law of evidence regulates the acquisition and use of information bearing on conclusions of both fact and law. As this course focuses on evidentiary issues relating to civil and commercial matters, it does not address issues that are specific to penal/criminal or administrative matters. While the emphasis throughout the course will be on the law of evidence in Canada, it will primarily serve as a guide to understanding how evidentiary issues are typically regulated in the common law and civil law traditions. This course pursues three main objectives: first, to understand which issues are addressed by the law of evidence; second, to understand how those issues are regulated in modern legal systems; third, to develop the ability to reflect critically on the rules of evidence.
Restrictions/Prerequisites
Format
Method of Evaluation: Final take-home examination (60%), Presentations (25%), Class participation (15%).

Section 003

Instructor: Patrick Ferland
Language of Instruction: Français
Description: Le droit de la preuve s’intéresse à la façon dont les tribunaux sont appelés à prendre connaissance des faits pertinents à la résolution des affaires qui leur sont soumises. Il détermine ainsi à quelle partie revient le fardeau de la preuve et de quelle façon les faits ou actes juridiques en cause peuvent être soumis au tribunal – que ce soit par écrit, par la voie de témoignages, par la présentation d’éléments matériels de preuve comme des objets ou des enregistrements, ou encore par l’établissement de présomptions ou le recours à la connaissance d’office du tribunal. Le droit de la preuve établit également plusieurs règles d’irrecevabilité de la preuve, lesquelles sont fondées sur le désir d’assurer la fiabilité de la preuve présentée au tribunal (comme l’interdiction du ouï-dire) ou de préserver certaines valeurs que la société considère importantes (comme le secret professionnel, la protection contre l’auto-incrimination ou le rejet de la preuve obtenue illégalement).
L’objectif du cours est de permettre aux étudiants d’acquérir une solide compréhension des principes qui gouvernent le droit de la preuve dans les matières civiles au Québec et dans les juridictions canadiennes de common law, de situer ceux-ci dans un contexte plus large en ayant recours au besoin à des sources étrangères, et de permettre aux étudiants de développer une réflexion critique à l’égard du fondement et de la nécessité des règles en place.
Restrictions/Prerequisites
Format
Method of Evaluation: Examen « take-home » optionnel (30%) : Un examen « take home » optionnel de 4 heures sur les sujets couverts dans les six premiers cours comptera pour 30% de la note globale du cours. Examen final (70% ou 100%) : Un examen final portant sur la totalité de la matière dont le résultat comptera pour 70 % de la note pour les étudiants ayant effectué l’examen take-home, et 100 % de la note pour les autres étudiants.

3 Marchisio
Ferland
Winter
Winter

Family Law (LAWG 273)

Language of Instruction: English
Description
Restrictions/Prerequisites
Format
Method of Evaluation

3 Kirouack Fall

Medical Liability (CMPL 522)

Language of Instruction: English
Description: Comparative law and transsystemic study of the law of medical liability, including the following topics: the law-science interaction; the relationship between patient and physicians; liability and discipline; physicians’ duties; medical negligence; medical and scientific causation; wrongful birth, conception and life, prenatal injuries; consent to care and treatment refusal; access to services and lack of resources; healthcare-associated infections; and compensation funds.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: In-term team assignments and Take-home paper.

3 Khoury Winter

Private International Law (LAWG 316)

Language of Instruction: English
Description: This course is concerned with multi-jurisdictional private law relationships and disputes with a focus on contractual and extra-contractual obligations. We will inquire into how court jurisdiction is established, what law governs transborder legal relationships and disputes, and the effect of court judgments across borders. Sources will focus on the law of Canadian provinces but comparative (e.g. European, American) and international sources will also be examined.
Restrictions/Prerequisites: Judicial Institutions and Civil Procedure recommended.
Format: Lecture and in-class discussion.
Method of Evaluation: Final take-home examination (50%) and minimum of two in‐term written assignments (25% each or best two grades if more than two are submitted).

Private International Law/Droit Intl privé (Section 3)

Language of Instruction: French
Description: This course is concerned with multi-jurisdictional private law relationships and disputes with a focus on contractual and extra-contractual obligations. We will inquire into how court jurisdiction is established, what law governs transborder legal relationships and disputes, and the effect of court judgments across borders. Sources will focus on the law of Canadian provinces but comparative (e.g. European, American) and international sources will also be examined.
Restrictions/Prerequisites: Judicial Institutions and Civil Procedure recommended.
Format: Lecture and in-class discussion.
Method of Evaluation: Final take-home examination (50%) and minimum of two in‐term written assignments (25% each or best two grades if more than two are submitted).

3

Walsh

Saumier

Fall

Winter

Secured Transactions (LAWG 400)

Language of Instruction: English
Description: This course is about the legal institutions by which debtors deploy their assets to secure the payment of an obligation due to their creditors and the relative rights of secured creditors as against other claimants. The course will focus primarily on security over movable property; only passing reference will be made to security over immovable property. Attention will be paid to the underlying economic and political logic of secured transaction regimes in market economies. The secured transactions regimes examined will primarily be the Personal Property Security Acts in effect in the twelve common law Canadian jurisdictions and the regime for hypothecary security and ownership-based security in the Civil Code of Quebec including the interaction of these regimes with federal bankruptcy and insolvency law and other federal law. Passing reference also will be made to international sources and other national sources.
Restrictions/Prerequisites: Property recommended
Format: Lecture and in-class discussion. 
Method of Evaluation: Final take-home examination (50%) and minimum of two in‐term written assignments (25% each or best two grades if more than two are submitted).

4 Walsh Fall

Elective Courses

Course Title and Number

Credits Instructors Term

Advanced Criminal Law (PUB2 501)

Language of Instruction: English
Description: This course, which builds on an introduction to principles of liability in Canadian criminal law, explores the relationship of criminal law to the social contract. It begins with the recognition that criminal law does not exist in a vacuum and is a value-driven extension of social and political goals, and often of conflicting agendas. This course will examine current and relevant 21st century issues in criminal law, and in society at large, and use them to analyze and debate, in greater depth than what is possible in a basic criminal law course, the fundamental values that lie at the heart of criminal law. Topics will include the tension between the desire to investigate crime and concerns over access to private information, the treatment of modern whistleblowers like Edward Snowden, cyberbullying, wrongful convictions and their sources, and the ability – or inability – of the criminal justice system to effectively deal with matters involving mental illness. This is a course designed for both those who are and for those who are not interested in pursuing a career in criminal law. Though no formal participation grade is given, student involvement and interaction will be strongly encouraged.
Restrictions/Prerequisites: Criminal Justice (or basic Criminal Law)
Format: Lecture/Presentations/Guest speaker(s)/Group discussion
Method of Evaluation: in-term assignment(s), term paper.

3 Israel Fall

Banking Law (BUS2 531)

Language of Instruction: English
Description: This course focuses on the forms of payment that banks and other source providers make available for use in Canada: cheques and drafts, letters of credit, credit, debit and prepaid cards, automated fund transfers (direct deposits and pre-authorized debits), electronic fund transfers and e-wallets. The main themes to be studied include: How is the payment industry regulated in Canada? How are bank accounts and other payment and collection accounts instrumental in payment transactions? What legal relationships, statutory duties and other liabilities arise in payment transactions? Recent developments and emerging issues are discussed in a practical and trans-systemic manner. Class participation is encouraged.
Restrictions/Prerequisites: Contracts and Torts.
Format: Interactive lectures, class discussions.
Method of Evaluation: One take-home assignment (worth 50% of the final grade) and one take-home final exam (worth 50% of the final grade).

3

Lemieux

Fall

Civil Litigation Workshop (PROC 459)

Language of Instruction: English & French
Description: The course is designed to provide both the technical and practical tools necessary for the advocate in civil litigation including the techniques applicable in discovery, production of exhibits, the examination of expert and ordinary witnesses, legal argument and trial tactics, culminating in a day‐long simulated trial.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Class Participation: 40%; Final Trial Performance: 60%.
Biography: James A. Woods, Ad. E. is the founding partner of Woods LLP. A member of the bar in various Canadian provinces as well as the Law Society of England and Wales and the Paris bar, he is frequently named as one of the best lawyers in Quebec and Canada. He is a fellow of the American College of Trial Lawyers, the Litigation Counsel of America, and the Federation of Defence and Corporate Counsel. For over 30 years, Mtre. J. A. Woods has taught the course on civil litigation at the McGill University Faculty of Law. With over 41 years of experience in the litigation arena, he enjoys a sterling reputation in the courts of Quebec and Ontario, as well as the Federal Court and the Supreme Court of Canada. He was awarded the Advocate Emeritus honorary distinction by the Quebec Bar in 2013. Named by Le Monde Juridique Magazine Litigator of the year in 2016.
Sarah Woods: is a partner of Woods LLP and a member of the Quebec Bar and of the Law Society of Ontario. She has appeared before all levels of Quebec courts and before the Federal Court. Her diverse practice includes all aspects of commercial litigation, including shareholder disputes, securities litigation, professional liability, defamation and class actions. Mtre. S. Woods has also taught civil litigation as co‐professor with Mtre. J. A. Woods at the McGill University Law Faculty for the past 13 years.

3 Woods & Woods Fall

Commercial Law (LAWG 200)

Language of Instruction: English
Description: The contract of sale in the Civil Law and Common Law traditions; nature and scope of the contract of sale; conditions of formation; sale of property of another; obligations of the seller, including quality and title; obligations of the buyer; product liability; comparative reference made to the rules of the U.N. Convention on the International Sale of Goods and to American U.C.C. rules.  
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: Final examination for 90% of the grade. There will be a 10% component of the evaluation for active participation in class throughout the course. Students also have the possibility to submit a paper on a subject to be agreed upon with the instructor. The paper will count for 40 % of the final grade and is to assist. A student who submits a paper will have the option to be exempt from completing questions having a weight of 40 % on the final exam.
Biography: Professor Jeffrey Edwards: Judge of the Court of Quebec (Civil Division), B.C.L. (McGill), LL.B. (McGill), LL.D. (Laval), is a former practitioner who was one of the leading experts in Quebec in the law of product quality and defective workmanship. Adjunct Professor. He is the author of the reference book on the subject: La garantie de qualité du vendeur en droit québécois.  
Me Nadine Afif: LL.B. (Université de Montréal). Attorney at the firm of Tutino Joseph Grégoire, a leading law firm in Quebec in the law of sale, construction law and product liability.

3

Edwards & Afif

Winter

Corporate Finance (BUS2 505)

Language of Instruction: English
Description: This course aims to introduce students to the relationships between firms and the principal participants in their financial capital structure. Corporations raise capital essentially in one of two ways: they either borrow money or issue debt obligations (debt) or issue shares (equity). These forms of financing create rights, obligations and expectations. In this course, we will carefully examine related considerations. A table of materials will be made available providing required and discretionary readings.
Restrictions/Prerequisites: This course presupposes an understanding of the nature and governance of corporations. As such, Business Associations (or its equivalent) is a requirement, although derogations have been agreed to on a case-by-case basis.
Format
Method of Evaluation: (i) a 75% take home final exam during the term’s final exam period to be completed within six hours of having been accessed by the student (3000 words limit in English); and (ii) a 25% mid-term assignment during a one-week mid-term period (to be confirmed) to be completed within six hours of having been accessed by the student (1000 words limit in English).

3 Barbeau

Fall

Corporate Taxation (PUB2 517)

Instructor: Me Nadia Rusak
Language of Instruction: English
Description: This course provides an in-depth examination of income taxation of corporations and their shareholders. It covers tax aspects of every stage of a corporation’s life cycle, including formation, capitalization and operation of a corporation; distribution of corporate profits; sale and purchase of a business; corporate combinations; liquidations and wind-ups. If time permits, the course will also include a brief overview of tax-deferred divisive reorganizations and utilization of corporate losses.
Restrictions/Prerequisites:
Format
Method of Evaluation: The mode of evaluation for this course is: (i) A 70% take home final exam, to be available during the term’s final exam period and to be completed within six hours of having been accessed by the student (3000 words limit in English); and (ii) a 30% mid-term assignment, to be available during a one-week mid-term period to be confirmed and to be completed individually within 24 hours of having been accessed by the student or any member of the team (1000 words limit in English). The assignment submission formalities will be worked out with the SAO. Each student must work on the exam or assignment independently. Any student who is unsure what this means is strongly encouraged to consult the Faculty regulations. corporate losses.

3 Rusak Winter

Criminal Procedure /Procédure pénale (PUB2 422)

Section 001 (Fall)

Instructor: Me Bien-Aimé
Language of Instruction: English
Description: This course will provide students with an introduction to the Canadian criminal process, from police powers to detain, question, search, seize and arrest, through pre-trial procedures such as bail, disclosure, admissibility hearings and the trial.  The course will focus throughout on the effects of the Canadian Charter of Rights and Freedoms on criminal procedure. Also, the day to day practical difficulties of criminal procedure will be discussed in light of each stage of the criminal process.
Restrictions/Prerequisites
Format
Method of Evaluation: Final Examination [75%]: There will be a 3-hour open-book examination; In-Term presentation [25%]: Students are asked to visit court sessions at the Montreal court house. Students must link an observation made in court to any procedural issue discussed in class. This visit can be done any time during the semester and students may go more than once. Only one issue will be discussed at the end of the term and briefly with no power point or other material to hand in to the professor (details will follow).

3

Bien-Aimé

Fall

Droit des enfants (PRV2 500)

Instructor: Me Laurence Ricard
Language of Instruction: French
Description: Dans ce cours, nous étudierons les grands concepts de la protection de la jeunesse et tenterons une réflexion critique sur le contenu et la pratique dans ce domaine de droit. Le droit de la jeunesse, méconnu du monde universitaire, est pourtant riche d'enseignements sur les contours du droit, puisqu'il évolue dans une tension constante entre les droits et libertés fondamentaux protégeant la sphère privée et le rôle de protection de l'État. Son étude permet de questionner les limites du droit, d'une part dans les relations entre l'État et le citoyen et, d'autre part, dans l'arbitrage des relations étatiques d'aide aux populations vulnérables. Le cours portera principalement sur la Loi sur la protection de la jeunesse québécoise, en incluant des comparaisons ponctuelles avec les lois équivalentes dans les autres provinces canadiennes. Une attention particulière sera portée aux fondements cliniques des principes de protection de la jeunesse, en particulier au rôle et à l'impact de la théorie de l'attachement dans les lois de protection de l'enfance. L'adoption et le système pénal pour adolescents seront aussi brièvement abordés.
Format:Lecture
Method of Evaluation:Two take-home exams (40% / 60%)

3

Ricard

Winter

European Union Law (CMPL 536)

Language of Instruction: English
Description: An analysis of the institutional and economic provisions of the law establishing the European Union creating a homogenous structure for commerce and competition within the Internal Market. This course will stress the law governing the institutions, external relations, the relationship between community and domestic law and the process of judicial review by the Court of European Communities as well as the central principles governing the free movement of goods, services, persons and capital in the internal market and the principles of EU completion law. Comparisons are made with federal systems and free trade areas. The current challenges to the integrity of the EU posed by the UK’s Brexit dilemma, the emergence of populist parties, proposals for restructuring the institutions of the EU and the EURO and the influx of refugees will also be discussed.
Restrictions/Prerequisites: Public International Law recommended
Format: Lecture and class discussion
Method of Evaluation: Students are required to take a 3 hour partial open book examination worth 100% of the final grade. Students are strongly encouraged to also prepare an optional research paper of 15 pages in length (worth 33 1/3% of the final grade. In this case, the final exam is worth 66 2/3%)

3 de Mestral Fall

Evidence (Civil Matters)/Preuve civile (LAWG 415)

Section 001

Instructor: Giacomo Marchisio
Language of Instruction: English
Description: The law of evidence is concerned with the information used by adjudicative institutions—such as courts and arbitral tribunals—to resolve disputes. As adjudication typically involves the application of legal norms to facts, the law of evidence regulates the acquisition and use of information bearing on conclusions of both fact and law. As this course focuses on evidentiary issues relating to civil and commercial matters, it does not address issues that are specific to penal/criminal or administrative matters. While the emphasis throughout the course will be on the law of evidence in Canada, it will primarily serve as a guide to understanding how evidentiary issues are typically regulated in the common law and civil law traditions. This course pursues three main objectives: first, to understand which issues are addressed by the law of evidence; second, to understand how those issues are regulated in modern legal systems; third, to develop the ability to reflect critically on the rules of evidence.
Restrictions/Prerequisites
Format
Method of Evaluation: Final take-home examination (60%), Presentations (25%), Class participation (15%).

Section 003

Instructor: Patrick Ferland
Language of Instruction: Français
Description: Le droit de la preuve s’intéresse à la façon dont les tribunaux sont appelés à prendre connaissance des faits pertinents à la résolution des affaires qui leur sont soumises. Il détermine ainsi à quelle partie revient le fardeau de la preuve et de quelle façon les faits ou actes juridiques en cause peuvent être soumis au tribunal – que ce soit par écrit, par la voie de témoignages, par la présentation d’éléments matériels de preuve comme des objets ou des enregistrements, ou encore par l’établissement de présomptions ou le recours à la connaissance d’office du tribunal. Le droit de la preuve établit également plusieurs règles d’irrecevabilité de la preuve, lesquelles sont fondées sur le désir d’assurer la fiabilité de la preuve présentée au tribunal (comme l’interdiction du ouï-dire) ou de préserver certaines valeurs que la société considère importantes (comme le secret professionnel, la protection contre l’auto-incrimination ou le rejet de la preuve obtenue illégalement).
L’objectif du cours est de permettre aux étudiants d’acquérir une solide compréhension des principes qui gouvernent le droit de la preuve dans les matières civiles au Québec et dans les juridictions canadiennes de common law, de situer ceux-ci dans un contexte plus large en ayant recours au besoin à des sources étrangères, et de permettre aux étudiants de développer une réflexion critique à l’égard du fondement et de la nécessité des règles en place.
Restrictions/Prerequisites
Format
Method of Evaluation: Examen « take-home » optionnel (30%) : Un examen « take home » optionnel de 48 heures 4 heures sur les sujets couverts dans les six premiers cours comptera pour 30% de la note globale du cours. Examen final (70% ou 100%) : Un examen final portant sur la totalité de la matière dont le résultat comptera pour 70 % de la note pour les étudiants ayant effectué l’examen take-home, et 100 % de la note pour les autres étudiants.

3

Marchisio
Ferland

Winter
Winter

Evidence (Criminal Matters) (LAWG 426)

Language of Instruction: English
Description: (FROM 2015-2016) -  An introduction to principles of evidence with a focus on admissibility in criminal matters. Topics include burdens of proof, relevance, hearsay, opinion, character, similar facts, confessions and illegally-obtained evidence. Critical perspectives on the fact determination process and the impact of rules and principles of evidence on marginalized groups will be considered.
Restrictions/Prerequisites: (FROM 2015-2016) - Criminal Law (mandatory); Criminal Procedure and Evidence (Civil Matter) (recommended).
Format: Lecture
Method of Evaluation

3 Klein Winter

Family Law (LAWG 273)

Language of Instruction: English
Description
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation:

3 Kirouack Fall

Intellectual and Industrial Property/Propriété intellectuelle (BUS2 502)

Instructor: Professor Pierre-Emmanuel Moyse
Language of Instruction: Français
Description: Ce cours a pour objectif de présenter les principaux droits intellectuels, soit le droit des marques, le droit d’auteur et, dans une proportion moindre, le droit des brevets, d’introduire les questions fondamentales posées dans les débats actuels concernant la protection des objets immatériels. La participation étudiante sera fortement encouragée. Vous serez invités à prendre part à de nombreux évènements organisés par le Centre des politiques en propriété intellectuelle (CIPP) de la Faculté de droit dont votre professeur est le directeur.
Restrictions/Prerequisites
Format
Method of Evaluation: 60% examen final, livres ouverts. 10 % - IP News : présentation orale en début de classe d'une capsule d’information sur un événement courant concernant la propriété intellectuelle (dans la langue de son choix). Format : 5 diapositives ; durée 8 minutes. Les étudiantes sont encouragées à s’abonner à la section IP News This Month (Jeff Roberts) du site du Centre des politiques en propriété intellectuelle de la Faculté (CIPP). 30% - La présentation orale donnera également lieu à la production d'un essai de 1000 mots, sur le même thème que la présentation orale, format essai. Les meilleurs essais seront publiés sur le site du CIPP : http://www.cippmcgill.ca/

3

Moyse

Fall

Statutory Interpretation / Interprétation des lois (PUB2 505)

Language of Instruction: Français
Description: Ce cours porte sur les principes, méthodes et pratiques auxquels ont recours les décideurs et les plaideurs dans l’interprétation des textes à vocation normative : les lois ordinaires, les règlements et les textes constitutionnels. Le cours est à la fois pratique et théorique. D’une part, l’interprétation des lois est au cœur de l’activité professionnelle et quotidienne des juges, avocats et notaires. Elle consiste en une série de procédés argumentatifs dont la maitrise fait partie des habiletés fondamentales du juristes. À l’issue du cours, les étudiant.e.s devraient être en mesure de construire un argument persuasif touchant l’interprétation d’un texte normatif dans un contexte litigieux concret. D’autre part, l’interprétation des lois est l’objet de débats théoriques qui touchent aux questions les plus fondamentales de la connaissance du droit. A l’issue du cours, les étudiant.e.s devraient pouvoir exprimer une opinion critique et informée sur la manière dont les juristes déterminent le sens des textes écrits, et sur les fondements théoriques et politiques de cette activité. Une bonne part du cours sera organisée autour de la résolution de problèmes qui feront appel à la participation active des étudiant.e.s.
Restrictions/Prerequisites: N/A
Format: Interactif
Method of Evaluation: Un compte-rendu de lecture critique (50%, maximum de 5000 mots) à remettre au milieu du trimestre, et une argumentation écrite (25%) et orale (25%) sur une question d’interprétation des lois, à la fin du trimestre.

3 Jutras Fall

International Carriage of Goods by Sea (CMPL 515)

Language of Instruction: English
Description: An examination of the international carriage of goods by sea as governed by Canadian Maritime Law and International Convention, and of the balancing of rights and responsibilities of carrier and cargo interests. Substantive topics include transport documentation such as bills of lading, charter parties, and multi-modal contracts, concepts of seaworthiness and negligence, and contractual techniques of allocation of risk and the provision of benefits to third party performers of services.  
Restrictions/Prerequisites: N/A
Format: Lecture
Method of Evaluation: 100% Written Evaluation, Open Book

3 Colford Fall

International Environmental Law and Politics (CMPL 546)

Language of Instruction: English
Description: This course aims to prepare students to understand and navigate the field of international environmental law and politics. Part I of the course will feature interactive lectures that will introduce students to the history, institutions, actors, processes, principles, and forms of governance that define the field of international environmental law and policy. This part of the course will conclude with an in-depth case study of the emergence, evolution, and effectiveness of global efforts to reduce carbon emissions from forest-based sources in developing countries (known by the acronym REDD+]. Part II of the course will feature teams of students presenting a brief overview of the background and context, pathways of governance, key problems, and potential solutions relating to different areas of international environmental law, including transboundary air pollution, ozone depletion, outer space, biodiversity, freshwater resources, oceans and marine resources, forestry, animals and wildlife, hazardous and nuclear waste, electronic waste, extractive industries, and polar regions. Part III of the course will be comprised of a simulation of international negotiations in the field of climate change. Part IV of the course will conclude with guest lectures and class discussions addressing gaps in international environmental law and the intersections of international environmental law with other fields of international law, namely those addressing international trade and investment, social and economic development, international criminal and humanitarian law, and human rights.
Restrictions/Prerequisites: Public international law is recommended. 
Format: This class will be taught through a combination of interactive lectures and collaborative learning approaches, including problem-based learning and in-class group discussions.
Method of Evaluation: 20% 800-word reflection essay on the climate negotiations simulation; 30% oral presentation on a particular area or regime of international environmental law and policy (completed in teams of 2-3 students). For the final 50% of their grade, students have the option of writing a 5000-word legal memo on the domestic implementation of obligations in a particular area or regime of international environmental law and policy in Canada (completed in teams of 2 students) or a 4000-word individual essay on any topic in the field of international environmental law and politics.

3 Jodoin Winter

International Maritime Conventions (CMPL 553)

Language of Instruction: English
Description: The course describes and analyzes the national and international legal principles applicable to maritime navigation. It specifically deals with the following topics: the definition of Canadian maritime law, the vessel, (definition, construction, registration), charter-parties, the (international) maritime transport of goods and persons, marine insurance, marine pollution, collisions at sea, maritime arbitration, maritime liens, general average, marine salvage, INCOTERMS, arctic navigation, pilotage. The objective is to introduce students to the applicable laws and issues present in the said areas of maritime law. The course comments on Canadian maritime law but is largely based on conventions applicable at the international level.
Restrictions/Prerequisites: N/A
Format: Seminar
Method of Evaluation: Final Paper

3 Marel Katsivela Winter

Jurisprudence (CMPL 501)

Language of Instruction: English
Description: This is a course about the purpose, nature and legitimacy of law.  The course’s method will be to read closely and discuss critically Hobbes’s Leviathan.  Hobbes is regarded as the greatest English-language political and legal philosopher of all time.  Leviathan is his masterpiece. The arguments and ideas contained within Leviathan still resonate through disciplines such as law, philosophy, political science and economics. Over the term we will focus on Hobbes’s discussion of law and the state.  More specifically, we will explore Hobbes’s views on the nature of authority, liberty, legal obligation, the duty to obey the law, the role of the judge, the role of legal institutions and legal principles within legal order, and the limits (if any) on the sovereign’s authority to announce and enforce law.
Restrictions/Prerequisites
Format
Method of Evaluation: Ethics Lab (20%); group presentation and group assignment (30%); 2-hour open book final exam (50%).

3

Fox-Decent

Fall

Legal Theory (CMPL 506)

Language of Instruction: English
Description: This course provides an introduction to some of the main debates about the nature of law in contemporary Anglo-American legal theory. Focusing in particular on the relationship between law and morality, we will read work from authors such as Hart, Fuller, Dworkin, Raz, and Kelsen.
Restrictions/Prerequisites: n/a
Format: Seminar
Method of Evaluation:Assignment Essay (50% of final grade); Final Exam (sit-down, open book, 50% of final grade, choice of questions).

3 Prof. S. Smith Winter

Medical Liability (CMPL 522)

Language of Instruction: English
Description: Comparative law and transsystemic study of the law of medical liability, including the following topics: the law-science interaction; the relationship between patient and physicians; liability and discipline; physicians’ duties; medical negligence; medical and scientific causation; wrongful birth, conception and life, prenatal injuries; consent to care and treatment refusal; access to services and lack of resources; healthcare-associated infections; and compensation funds.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: In-term team assignments and Take-home paper.

3 Khoury Winter

Private International Law (LAWG 316)

Language of Instruction: English
Description: This course is concerned with multi-jurisdictional private law relationships and disputes with a focus on contractual and extra-contractual obligations. We will inquire into how court jurisdiction is established, what law governs transborder legal relationships and disputes, and the effect of court judgments across borders. Sources will focus on the law of Canadian provinces but comparative (e.g. European, American) and international sources will also be examined.
Restrictions/Prerequisites: Judicial Institutions and Civil Procedure recommended.
Format: Lecture and in-class discussion.
Method of Evaluation: Final take-home examination (50%) and in‐term written assignments (50%).

3 Walsh Fall

Resolution of International Disputes (CMPL 533)

Language of Instruction: English
Description: This seminar deals with current methods of resolving international disputes, with an emphasis on international commercial arbitration. Legal aspects of “Alternative” Dispute Resolution (ADR) mechanisms will be touched upon. The phenomenon of transnational law, substantive and procedural, will be scrutinized. The course will also introduce dispute resolution between states and private parties.
Restrictions/Prerequisites
Format: This is a discussion-oriented seminar in which students will expand on the materials and work on practical problems. Students are expected to read the materials and to discuss them in class. Class participation will count for a significant portion of the final grade. A certain number of guest lectures form part of this seminar.
Method of Evaluation: Undergraduate programme – final research paper (75%); class participation (15%), paper proposal as presented (10%).
Graduate programme – Graduate law students may be made responsible for the animation of class discussions based on some of the assigned readings and guest lectures. 40% of the grade will be based on class participation, including presentation to class. For the remaining 60% of the grade, students may take a final oral examination or submit a final paper of approximately 30 pages.

3 Gélinas Fall

Secured Transactions (LAWG 400)

Language of Instruction: English
Description: This course is about the legal institutions by which debtors deploy their assets to secure the payment of an obligation due to their creditors and the relative rights of secured creditors as against other claimants. The course will focus primarily on security over movable property; only passing reference will be made to security over immovable property. Attention will be paid to the underlying economic and political logic of secured transaction regimes in market economies. The secured transactions regimes examined will primarily be the Personal Property Security Acts in effect in the twelve common law Canadian jurisdictions and the regime for hypothecary security and ownership-based security in the Civil Code of Quebec including the interaction of these regimes with federal bankruptcy and insolvency law and other federal law. Passing reference also will be made to international sources and other national sources.
Restrictions/Prerequisites: Property recommended
Format: Lecture and in-class discussion. 
Method of Evaluation: Final take-home examination (50%) and in‐term written assignments (50%).

4 Walsh Fall

Sentencing in Canadian Law (PUB2 504)

Language of Instruction: English
Description: This course aims to introduce students to the law, theory, policy and practice of sentencing in Canada with comparative perspectives. It will provide students with an introduction to the general objectives, foundations and principles of sentencing in Canada. Further, procedure and evidence in sentencing will be looked at and situated in a broader socio-legal context. A number of critical perspectives will be explored, including victims’ rights, race, indigeneity, and gender. Finally, selected topics of this course will be analyzed and include theories of punishment, mandatory sentences of imprisonment and constitutional considerations, comparative models for controlling judicial discretion, victim participation in sentencing, plea-bargaining, and the impact of sentencing on racialized and indigenous offenders.
Restrictions/Prerequisites
Format
Method of Evaluation: Final sit-down exam [60% or 90% for those who did not write the optional mid-term]: The length of this evaluation should be no more than 3000 words. Optional In-Term Take-Home Reflection [30%]: Students will be instructed to write an optional essay (1000 words maximum) to a question/problem that will be available on MyCourses at a specified date during the term. This should be answered in light of what you learned in class and in other assigned readings. Class participation [10%]: Student grades will incorporate recognition of attendance and participation in class. Students who come to class unprepared and who fail to contribute to the class discussion will be given lower grades.

3 Manikis Winter

Specialized Topics in Law 3 (LAWG 513)- Aviation Finance (Winter)

Instructor: Dr. Donal Hanley
Language of Instruction: English
Description: This course will introduce the student to the main principles of aviation financing and leasing in the context of public and private international air law, with particular reference to the Cape Town Convention. Although leasing now accounts for about 40% of the commercial aircraft fleet worldwide, and many of the remaining aircraft are subject to secured financing, most international air law treaties were drafted before the development of aviation financing and leasing. This fast evolving area of air law, where operation and ownership of the aircraft no longer automatically go together, offers much scope for further research and study.
Restrictions/Prerequisites
Format
Method of Evaluation: A 3 page paper on the main different types of aircraft lease.

2

Hanley

Winter

Specialized Topics in Law 5 (LAWG 515)- Islamic Law (Fall)

Instructor: Me Fatemeh Sadeghi Givi
Language of Instruction: English
Description: The infusion of sharia in state law since the mid twentieth century caused a major shift both in state law and Muslim sacred law/ sharia. This development took place as a consequence of the Islamist resurgence in Muslim societies. Nevertheless, it contradictorily caused secularization of sharia, because it became publicized and democratized similar to other legal constellations. As a consequence, the exclusive domination of male jurists over sharia and its contents was challenged by female jurists and Muslim feminists, who contested, interpreted, discussed and debated orthodox views and attitudes. Investigating this development and its major consequences and challenges, this course presents the debates around women’s rights and gender equality in contemporary Shia and Sunni Muslim law.
Restrictions/Prerequisites
Format
Method of Evaluation

3

Sadeghi Givi

Fall

Specialized Topics in Law 6 (LAWG 516) - Class Actions (Fall)

Instructor: Professor Daniel Jutras
Language of Instruction: English
Description: This course offers a theoretical and practical exploration of the law and practice of class actions. Although mainly focused on Quebec, the course will address features of the class action regimes of Canadian common law provinces, the United States and other jurisdictions. The course will explore structural, ethical, operational, and political issues arising from the collectivization of claims in private law. At the end of the course, students should have acquired enough insight into class actions to be able to effectively join a team of plaintiff or defendant lawyers working in this field.  Students should also be able to express informed critical views about the place and impact of class actions at the interface of civil justice and public policy. Much of the course will be taught through problem-based learning, requiring active participation of all students.
Restrictions/Prerequisites
Format
Method of Evaluation: Three short assignments (7-10 pages each) over the course of the term, each worth 33.3% (one third) of the grade.

Specialized Topics in Law 6 (LAWG 516) - Mediation (Winter)

Instructor: Professor Kun Fan
Language of Instruction: English
Description: Not yet available
Restrictions/Prerequisites
Format
Method of Evaluation

3 Jutras
Fan
Fall
Winter

Specialized Topics in Law 7 (LAWG 517) - Droit et literature (Winter)

Instructor: Professor Yaëll Emerich
Language of Instruction: French
Description: Ce séminaire explore les relations entre le langage, le droit et la littérature. Quels sont les liens qui unissent la littérature et le droit? Quels bénéfices peuvent tirer les juristes de la fréquentation des textes littéraires? Qu’est-ce que la loi, la langue et littérature ont en commun et comment leurs rapports s’articulent-ils? Telles sont les principales questions sur lesquelles nous nous interrogerons au cours du séminaire, en insistant sur leurs implications relativement aux principes fondamentaux de justice, d’autorité et d’obéissance. Nous étudierons aussi comment les outils d’analyse littéraires, tels l’interprétation, la rhétorique ou la linguistique permettent d’interroger les textes juridiques différemment.
Restrictions/Prerequisites: n/a
Format: Séminaire
Method of Evaluation: essai et note de participation

3 Emerich Winter

Specialized Topics in Law 8 (LAWG 518) - Privacy Law (Fall)

Language of Instruction: English
Description: Privacy problems exist in many dimensions of our daily lives, and the legal regulations that address those problems are increasingly relevant. This interactive seminar will provide an overview of the rapidly growing area of information privacy law with a focus on the digital environment. We will go through domestic and international regulations, case law, legislation, and recent public policy developments pertaining to the collection, storage, and dissemination of personal information. We will structure it along three kinds of relationships: among individuals, between individuals and companies, and between individuals and the State.
Format: Seminar
Method of Evaluation:Grades will be based on a take-home assignment, worth 20%, a participation grade, worth 10%, and a book review, worth 70%. For the assignment, write an individual response essay that places the different texts and ideas of one unit in conversation. The maximum extension is 1,000 words. For the book review, choose a book from the list of options at the end of this syllabus and write a short, original review based on the ideas discussed during the course. The maximum extension for the review is 5,000 words.

Specialized Topics in Law 8 (LAWG 518) - Banking and Credit Law (Winter)

Language of Instruction: English
Description: The course focuses on loans and credit facilities, which are extended by banks to individuals and corporations in Canada. The course reviews contracts for the extension of consumer ad corporate loans and credit facilities: personal lines of credit, contracts for the use of credit cards, mortgage loan agreements, and corporate credit facilities extended by a single bank or a group of banks. The course also considers the extent to which the extension of credit by banks is regulated, and the legal liabilities that arise in connection with the extension of credit. Recent developments and emerging issues are discussed in a practical and trans-systemic manner. Class participation is encouraged.
Restrictions/Prerequisites: Contracts and Torts.
Format:
Method of Evaluation: One take-home assignment (worth 50% of the final grade) and one take-home final exam (worth 50% of the final grade).

3

Cofone

Lemieux

Fall

Winter

Specialized Topics in Law 9 (LAWG 519) - Legal Profession (Fall)

Language of Instruction: English & French
Description: The 21st Century Legal Profession: This course will introduce students to some of the tensions and challenges facing lawyers, educators, and the regulators of the legal profession as we grapple with rapidly changing client expectations. Among the issues we will address as we consider the role of the legal profession and who it comprises are the changing nature of professional services, innovation in legal service delivery, the emergence of new competitors to the profession, the shortcomings in serving legal needs today, and the effectiveness of professional conduct rules in helping meet legal needs.
Restrictions/Prerequisites: Legal Ethics & Professionalism is recommended (but not mandatory)
Format: Seminar
Method of Evaluation: Presentations (2, 35% and 15%, respectively, of the total final mark) and a final paper (50% of the final mark)

3

Headon

Fall

Specialized Topics in Law 10 (LAWG 520) - Constitutional Law and Language Rights in Canada (Fall)

Language of Instruction: English
Description: This course studies the origins, nature of, constitutional protections and governmental obligations for language rights in Canada for Canada’s French and English speaking minorities. Notably this course will explore whether or not there exists collective rights for Canadian official language minorities and whether or not such collective rights have priority over individual freedoms in the application of language rights. What is the legal tension between the language rights of the majority and the official language minority? This course will consider the application of relevant provisions of the Constitution Act 1867 and the Constitution Act 1982, such as, for example, Section 133 and Section 23, the use of English and French and the Parliament of Canada Legislature, National Assembly of Quebec and the Legislature of New Brunswick as well as the eligibility right for the French and English minority to attend a minority language school. Consideration will be given to the application of international declarations and treaties. The notion of language rights regimes in terms of territoriality and institutions will be examined. The extent and enforceability of governmental obligations for Canadian official language minorities will be explored. Pleading official language minority rights before the Courts will be considered. The legislative regime for language rights and obligations, such as the Charter of the French Language in Quebec, will be examined.
Restrictions/Prerequisites
Format
Method of Evaluation: 75% a paper; 15% a meeting with me to develop the paper; 10% class participation. This course will count towards writing requirements of the BCL/LLB Program.

Specialized Topics in Law 10 (LAWG 520) - Information Technologies and the Law (Winter)

Language of Instruction: English 
Description
Restrictions/Prerequisites
Format
Method of Evaluation

3

Bergman

Niezen

Fall

Winter

Specialized Topics in Law 11 (LAWG 530) - Anatomy of a Murder Trial (Fall)

Instructor: Justice Carol Cohen
Language of Instruction: English (although some presentations by students and guests will be in French only). There will be guest speakers, including lawyers and other judges.
Description: This course will cover jury trials as seen through the eyes of a Superior Court judge, using murder trials as a backdrop, and will include the following topics: getting to a jury trial, murder trials in Superior Court, judicial interim release and other pre-trial matters, jury selection, the voir dire (before and during trial), questions of procedure and trial process, hearsay and other evidentiary issues, appeals from jury trials.
Restrictions/Prerequisites: All students registering for this seminar course must have successfully completed the basic course in Criminal law. Criminal Procedure and Criminal Evidence are strongly recommended.  No more than 20 students will be accepted into the seminar. 
Format: Seminar
Method of Evaluation: 10% for class participation, 50% for a paper dealing with one of the topics covered in class (including in-depth research) and 40% for a verbal presentation of each student’s position paper during the final weeks of the course. 
Biography: Madam Justice Carol Cohen was appointed to the Quebec Superior Court in 1997. She sits in all divisions of the Court and also sits ad hoc at the Quebec Court of Appeal. Justice Cohen is an adjunct professor at McGill’s Faculty of Law, and created a prize at the Faculty in Ethical Advocacy. She is judicial representative on the Comité consultatif of the Laboratoire de sciences judiciaires et de médecine légale and is actively involved with numerous legal and judicial organizations, including the International Association of Women Judges, the Lord Reading Law Society and the Canadian Superior Court Judges Association. Madam Justice Cohen was called to the Quebec Bar in 1983, and practiced at the law firm Chait Amyot (now de Grandpré Chait), becoming a partner in 1989.

Specialized Topics in Law 11 (LAWG 530) - Regulating Artificial Intelligence (Winter)

Instructor: Professor Ignacio Cofone
Language of Instruction: English
Description: Increasingly, A.I. algorithms make decisions that impact people’s daily lives. Thirty years ago, decisions that shaped people’s lives were made by other humans. Today, however, many of these decisions are being made by machines, in fields as diverse as finance, criminal law, employment, health, politics, and online speech. The value of algorithmic decision- making for society cannot be overstated, but neither can its risks for people’s rights, some of which are not yet well-understood. Once we have a better grasp on how to develop appropriate regulatory frameworks, we can achieve the societal potential of A.I. without foisting these risks. In this seminar, we will study how to regulate these A.I. algorithms. We will use eight case studies to explore eight central issues of regulating A.I.: measurability, human-robot interaction, inequality, discrimination, surveillance, liability, and impact assessments. Each case study will be the topic of two classes, generally organized into: 1) an introduction to the factual and technological context, 2) a review of legal basics, and 3) an interactive discussion or exercise analyzing how the law does and should apply.
Restrictions/Prerequisites: none
Format: Seminar
Method of Evaluation: Grades will be based on a final research paper (70%), in-class discussions (10%), and one assignment (20%). The research paper should be written on a topic of the course of your choice upon agreement with me. It should be between 5,000 and 7,000 words approx. (no strict word limit). Students will also present the paper project in class during one of our last five meetings. Class participation credit will be given based on quality, not quantity, showing engagement with the material that we discuss each class. This will include (i) class discussions and (ii) feedback during your classmates’ in-class paper presentations. You will have a week at the end of February to complete the short take-home assignment.

3 Cohen
Cofone
Fall
Winter

Specialized Topics in Law 12 (LAWG 531) - Sports Law (Fall)

Instructor: Me Girardin
Language of Instruction: English
Description: This course is an introduction to sports law. The following themes will be discussed and presented during the course. Generally, the course presents the legal issues in both amateur (or Olympic sports) and professional sports such as: 1. Sport systems (/Olympic Movement, pro sports systems) 2. ADR in sport (national and international ADR in sport) 3. Doping in sports (WADA and National Anti-Doping Programs,) 4. Liability and Violence in sports 5. Commercial issues in amateur and Pro sports 6. Legal issues in major sporting events (sports issues, risk management, marketing issues, and other commercial issues) (Legal issues at Olympic Games) 7. Professional Sports CBA and SPC in Pro Sports (Collective Bargaining Agreement and Standard Players Contracts for professional players)-Agents and professional and amateur athletes 8. Corruption in sports 9. Sports law in Canada and Careers in sport law This introductory sport law course will consist of lectures by Professor Girardin and invited guests, simulation exercises (arbitration simulation), intensive class discussion and debate, business cases in sports law. Students will be invited to participate in sports law debates presented by guest speakers. The student will gain a good overview and understanding of the sports law issues on a national and international scale along with a new body of knowledge of specific sports related issues and topics. The course is practical, dynamic and diversified, but hard work will be required to obtain the maximum benefit of it.
Format: Seminar
Method of Evaluation: Final exam (75%). Take home final exam, duration 3 hours. Mandatory participation (25%) Preparatory research, preparation for debates/discussions and questions for speakers, in-class assignments, active participation in class, unannounced in-class tests, mandatory attendance, sport arbitration or negotiation business case and simulation.

Specialized Topics in Law 12 (LAWG 531) - Chinese Law and Society (Winter)

Instructor: Prof. Fan
Language of Instruction: English
Description: TBD
Restrictions/Prerequisites:
Format
Method of Evaluation:   

3

2

Girardin

Fan

Fall

Winter

Specialized Topics in Law 13 (LAWG 532) - Personal Injury Law (Fall)

Instructor: Me. Wechsler, Arthur
Language of Instruction: English
Description: The aim of the course will be to expose students to the practical, legal and conceptual principles of Personal Injury Law. In this regard the course will offer students insight into the legal framework of this area of the law. The course will explore the practical implications confronting practitioners in terms of dealing with clients, opposing lawyers and the judiciary. Subject matter will go into detail in the areas of Personal Injury Law involving fault and causation, as well as the assessment of damages. Various types of personal injury cases will be analyzed involving medical malpractise, sporting injuries, sexual abuse, defamation and psychological damages, injuries involving children and death cases.
Format
Method of Evaluation: based on case analyses and class participation (25%), as well as a final exam (75%). In the final exam, students will be required to analyze various scenarios, explain the applicable legal regime, provide explanations and courses of action supported by provisions of law, doctrine and case law.

Specialized Topics in Law 13 (LAWG 532) - Copyright Policy Moot (Winter)

Instructor: Professor Pierre-Emmanuel Moyse
Language of Instruction: English
Description: A biennial national policy “moot” competition where students produce policy proposals in response to current copyright issues and then travel to Ottawa to present them to decision-makers within the civil service.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: TBA

3

Wechsler

Moyse

Fall

Winter

Specialized Topics in Law 14 (LAWG 533) - Disability Law (Fall)

Instructor: Professor Jonas-Sébastien Beaudry
Language of Instruction: English
Description: This course will introduce students to fundamental issues in disability law. We will start by asking “who is the ‘disabled subject’?”, “what is disability?”, and what expectations of “normalcy” are implicit in approaching some questions in the field. We will then critically examine legal concepts used in disability law and how they are interpreted (e.g. reasonable accommodation, equality, discrimination, dignity). We will also explore the difficulties that people with disabilities face in relation to access to justice, education and healthcare, as well as other controversial issues, such as political participation, sterilization, assisted dying, and socio-economic rights. We will draw from legal materials from different jurisdictions and from the inter-disciplinary field of disability studies to explore the evolving landscape of disability law and the challenges it continues to pose to law- and policy-makers.
Restrictions/Prerequisites
Format:
Method of Evaluation: Students can choose between two modes of evaluation: (1) 90% individual term paper (8,000 words) + 10% Participation or (2) 60% short term paper (2,500 words) + 30% case comment (1,500 words) + 10% Participation. Option (1) will count towards writing requirements of the BCL/LLB Program. The term papers’ topic and a preliminary bibliography should be approved by the instructor.

Specialized Topics in Law 14 (LAWG 533) - International Labour Law (Winter)

Instructor: Professor Blackett
Language of Instruction: English
Description: This course will offer a detailed, critical overview of the corpus of international labour law both within and beyond the International Labour Organization and its supervisory mechanisms. It will survey selected topics in the field for which, into the ILO’s second centenary, a transnational approach may be required.
Restrictions/Prerequisites: There are no prerequisites. Recommended: public international law, labour or employment law
Format:Seminar
Method of Evaluation: final paper (75%) and active class participation including in class assignments (25%).

3

Beaudry

Blackett

Fall
Winter

Specialized Topics in Law 15 (LAWG 534) - Indigenous Law Revitalization (Fall)

Language of Instruction: English
Description: : This seminar canvasses and evaluates the prospect of indigenous law revitalization in Canada today. We’ll engage with the perspectives of indigenous community members, the arguments of indigenous academics, and the institutional projects of both indigenous and Canadian governance bodies. Whenever possible, for the first half of our weekly seminar we’ll invite speakers into the classroom (given the distances involved, this will usually be via videoconference). To create focussed discussions, each guest will be asked to speak to one issue, argument, or project which they take to be of central significance to the prospect of indigenous law revitalization today.
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: Participation, term paper

Specialized Topics in Law 15 (LAWG 534) - Law and Body Seminar (Winter)

Language of Instruction: English
Description: The concept of the human “body is often taken for granted with respect to law. The body is typically reduced to a medium for the self to interact with the world (e.g. sign contracts, vote, commit crimes), or an obstacle to interaction (e.g. when it becomes ill), or an idealized norm that may oppress persons who do not conform to that norm. Yet, the state exercises authority or power over legal subjects by regulating and controlling their bodies through direct or indirect mechanisms of power. Those modes of control may differ from the coercive kind of power that lawyers are used to theorizing, and they often go undetected in regimes where the physical “body” of legal subjects is assumed to pre-exist the law. As a result, social justice scholarship generally pays more attention to the rights (e.g. to freedom, life and dignity) of a subject, than to the socio-legal mechanisms that construct and pre-determine the identity and rights of the subject. This seminar explores how the law contributes in constructing the legal subject, by examining how the law controls the human body and its uses. We will interpret notions like race, gender, social class and religion as forms of embodiment and examine how the law controls the body as a site of fertility and reproduction, of gender expression and sexual uses, and of punishment. We will problematize the medicalization of suicidality, health and death by showing their socially constructed, rather than biologically determined, dimensions. We will also examine to what extent the law prohibits or prescribes the commodification of bodies, as well as non-therapeutic transformation or genetic enhancement of bodies. By drawing from the interdisciplinary field of body studies and through a survey of topics as diverse as the sale of organs, saviour babies, prostitution, “freak” culture, BDSM, torture, transhumans and cloning, this seminar will familiarize students to the embodied nature of the legal subject and of power.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: Students will be evaluated on the basis of two or three short essays on the readings (600-800 words each; students can sign up for the class of their choice) + a take-home (2,500 words) 60%. The take-home will be handed out during the last class and will be due by the deadline for term papers.

3

Mills

Beaudry

Fall

Winter

Specialized Topics in Law 16 (LAWG 535) - Law, Care Labour and Paid Work (Fall)

Language of Instruction: English
Description: TBA
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: TBA

Specialized Topics in Law 16 (LAWG 535) - Advanced Evidence: Sexual Assault and other offences (Winter)

Language of Instruction: English
Description: This course will cover substantive and evidentiary considerations relating to sexual assault offences with a focus on the application of those principles in a courtroom setting. Topics will include the preparation for trial, elements of the relevant offences and the defences available, recognizing and demonstrating credibility of a witness, the practical difficulties of examination and cross-examination of children and the burden of proof. The objective of this course is for students to achieve a clear understanding of the practical questions of law that arise during a sexual assault trial. Some of these questions are well established in theory but difficult to recognize and resolve in practice.
Restrictions/Prerequisites: Not available yet
Format: Not available yet
Method of Evaluation: Class Participation (attendance and discussion) 20%, Class Presentation 30%,  Term Paper (same topic as your presentation) 50%

3

TBA

Paquin & Henningsson

Fall

Winter

Specialized Topics in Law 17 (LAWG 536) - Internet Law (Fall)

Language of Instruction: English
Description: Internet legal issues are some of the most important and complex problems facing lawyers and scholars alike in the 21st century. The course will consist of a broad introduction to a number of legal issues facing the internet. These include privacy, defamation, jurisdiction, cybersecurity, intellectual property online, cybercrime, and more. We will pay close attention to comparing the legal regimes of Canada, the United States and Europe, and how the regimes interact in the internet’s world without borders.
Restrictions/Prerequisites: None
Format: Mix of lectures and seminar
Method of Evaluation: 70% final essay, 30% class participation including presentation and written exercise based on presentation

Specialized Topics in Law 17 (LAWG 536) - International Investment Law (Winter)

Language of Instruction: English
Description: This seminar will examine the law of investor-State dispute resolution.  We will focus on treaty law as reflected in regional trade agreements such as NAFTA and bilateral investment treaties (BITs), as well as on customary international law that protects investors from expropriation, denials of fair and equitable treatment, and discrimination on the basis of nationality.  We will examine the actual mechanisms for investor-State dispute settlement under arbitral facilities such as the International Centre for Settlement of Investment Disputes as well as under ad hoc rules.  We will also address the environmental and social issues surrounding international legal protection of foreign investment and proposals for modifying or even eliminating agreements due to concerns about regulatory “chill”.  We will examine the proposal by the European Commission to establish a multilateral investment court, and in the interim to include quasi-permanent dispute settlement bodies in the new EU investment treaties.
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: The primary method of assessment for the course will be a research paper worth 75 percent of your grade.  The paper should be between 8,000 and 10,000 words and can be used to satisfy the McGill writing requirement. Class participation will account for the other 25 percent of your grade.

3

Mendelsohn

Bjorklund

Fall

Winter

Specialized Topics in Law 18 (LAWG 537) - Animal Law (Fall)

Language of Instruction: English
Description: Through a thematic exploration of the major issues facing animal protection in Canada today, this course will introduce students to the legal framework governing human-animal relations, both from a practical and critical perspective.                      Restrictions/Prerequisites: Criminal Law
Format: Lecture
Method of Evaluation: Optional take home commentary, class participation and final sit down exam

3

Devine / Gaillard

Fall

Specialized Topics in Law 19 (LAWG 538) - Artificial Intelligence and the Law (Fall)

Language of Instruction: English
Description: Imagine a ‘chatbot lawyer’ that passes the Turing Test (i.e., you are on the receiving end of its responses and you misidentify it as a human lawyer). Imagine a machine that can ‘learn’ how to spot issues in a contract or predict outcome of litigation. Envision a non-human unit that can ‘review’ case law or legislation to provide a response to a legal question. You don’t have to simply imagine this, we can see it together in this course. Technology is rapidly creating a viable path from conjecture to reality on many such questions. This new role of technology is occurring through a paradigm popularly referred to as “Artificial Intelligence” (AI). As a broad general-purpose technology (like electricity or the internet), AI promises to have transformative implications for a wide range of areas and its rapid advancement presents diverse challenges. Law will not be immune to this development and law schools should be the first responders to the incoming AI wave. This course will examine comprehensively the multi-dimensional impact of AI on the legal landscape, both currently and with a view to the future. The course will combine a hands-on methodology (e.g., with respect to the practical applications of AI to law) and a broader scholarly approach to the policy, socio-economic and ethical issues in this new discipline.
Restrictions/Prerequisites:
Format: Seminar
Method of Evaluation:

  • Final paper (10-15 pages) on a topic related to the course content
  • Class participation
  • Two short in-class tests on value-creation and feasibility challenges in applying AI to legal matters
  • Five in-class group exercises to demonstrate the limitations of AI

Specialized Topics in Law 19 (LAWG 538) - Poverty, Prosperity & Economic Justice: Macro and Micro Perspectives (Winter)

Language of Instruction: English
Description: The existence of economic injustice is discernible in most societies. From Vancouver’s Downtown Eastside to slums on the outskirts of Nairobi, we live in a world of glaring inequalities. The growing income inequality and wealth gap in North American and West European societies has stimulated a renewed interest in academic and policy discourses on poverty and human well-being. Poverty is no longer a discourse focused on the “global South”. The study of economic injustice is necessarily a multi-disciplinary undertaking, which covers all continents. The existence of polarization in a society is caused by a multiplicity of factors, ranging from historical, political, and social issues. The complexity underlying economic injustice is daunting and can easily lead to a feeling of disempowerment or disengagement. This course aspires to encourage students to engage in exploring accessible solutions to ameliorate poverty in their immediate surroundings and at the global level.

The principle objective of this course is to provide students with an understanding of systemic and structural causes of poverty and economic injustice using an interdisciplinary lens. With this objective, the seminar will theoretical discourses on poverty, economic injustice and economic systems and their role in shaping societies. The course will consider the historical origins of systemic inequality, measurements of poverty, and economic policies. It will also look at the role of State and non-State actors in shaping historical and structural factors underlying extreme income and wealth inequality by using micro and macro-level case studies. One of the main goals of this course is to expose students to innovative small-scale solutions, trends in evidence based socio-economic policy formulation, and good practices from different contexts, which have had a tangible impact on improving well-being and human capabilities. With this goal in mind the course will encourage and guide students to develop evidence based understanding into issues related to poverty and economic injustice, its causes, and its solutions.

Prerequisite: Knowledge of basic concepts of micro and macro-economics, as well as an interest in institutions, governance, socioeconomic policy, are useful.
Format: Seminar
Method of Evaluation: Pass/Fail. 20% class participation, 20% group blog and presentation, 20% policy brief (4-pages), 40% policy paper (8-10 pages)

3

Dessislav Dobrev

Ramanujam

Fall

Winter

Specialized Topics in Law 20 (LAWG 539) - Commercial Litigation Cases that Have Changed the Law (Fall)

Language of Instruction: English
Description: One of the emerging fields in the area of complex commercial litigation is that of securities, particularly cases involving alleged failures to disclose material information. Corporations that were once the darlings of Wall Street and Bay Street have seen their market capitalization drop, their brands tarnished, and their investor relations compromised by allegations of improper reporting and/or misrepresentation. Moreover, the existing statutory regimes provide recourses, legal presumptions, and remedies that facilitate large-scale – at times existential – lawsuits on the part of aggrieved investors. This course provides a trans-systemic, comparative overview of the evolution of securities litigation in Québec and common law Canada by analysing the applicable statutory, common law, and civil law regimes, as well as some of the landmark decisions rendered by Canadian courts. This course also aims at introducing students to securities advocacy. Accordingly, students will be called upon to outline and present legal arguments in the context of litigation brought by, and on behalf of, investors. To assist them, a sitting judge and members of the Bar will be invited as guests to discuss written argumentation and oral pleading. Subject to the availability of its courtrooms, the oral pleading that constitutes the final, graded portion of the course will take place at the Québec Court of Appeal in Montréal.
Restrictions/Prerequisites
Format
Method of Evaluation: Written outline of argument: 45%. Students will be required to submit a written outline of argument (20-25 pages, 1.5 spacing, 12 Arial or Times New Roman) in which they will argue opposite sides of a securities litigation case. The deadline for the written outline of argument is November 15, 2019 at 15:00 and must be submitted electronically at SAOassignments.law [at] mcgill.ca. Instructors must be copied on the email (shaun.finn [at] bcf.ca). Oral pleading: 45%. Students will be required to present their outline of argument before a panel of judges. The mock hearings will take place during class hours on November 22nd and 29th, 2019. Attendance and participation: 10%. Students are required to participate in class discussions.

Specialized Topics in Law 20 (LAWG 539) - Diasporas and the Law (Winter)

Language of Instruction: English
Description: TBD
Format: Not available yet
Method of Evaluation: Not available yet

3

Finn

Mégret

Fall

Winter

Statutory Interpretation / Interprétation des lois (PUB2 505)

Language of Instruction: Français
Description: Ce cours porte sur les principes, méthodes et pratiques auxquels ont recours les décideurs et les plaideurs dans l’interprétation des textes à vocation normative : les lois ordinaires, les règlements, les textes constitutionnels et même les contrats. Le cours est à la fois pratique et théorique. D’une part, l’interprétation des lois est au cœur de l’activité professionnelle et quotidienne des juges, avocats et notaires. Elle consiste en une série de procédés argumentatifs dont la maitrise fait partie des habiletés fondamentales du juristes. À l’issue du cours, les étudiant.e.s devraient être en mesure de construire un argument persuasif touchant l’interprétation d’un texte normatif dans un contexte litigieux concret. D’autre part, l’interprétation des lois est l’objet de débats théoriques qui touchent aux questions les plus fondamentales de la connaissance du droit. A l’issue du cours, les étudiant.e.s devraient pouvoir exprimer une opinion critique et informée sur la manière dont les juristes déterminent le sens des textes écrits, et sur les fondements théoriques et politiques de cette activité. Une bonne part du cours sera organisée autour de la résolution de problèmes qui feront appel à la participation active des étudiant.e.s. 
Restrictions/Prerequisites
Format
Method of Evaluation: Un compte-rendu de lecture critique (50%, maximum de 5000 mots) à remettre au milieu du trimestre, et une argumentation écrite (25%) et orale (25%) sur une question d’interprétation des lois, à la fin du trimestre. 

3 Jutras Fall

Student Initiated Seminar (LAWG 521) - Community Lawyering and Advocacy (Fall)

Instructor: Professor Sheppard
Convenors: Rachelle Rose & Raoul Wieland
Language of Instruction: English
Description: The course is designed as a critical approach to community advocacy, coalition building and movement lawyering.
Learning Objectives: Students will engage in critical and self-reflective discussions about: - the relationship between lawyering and community justice; the role of the lawyer as a coalition member - intersectional and anti-oppression approaches to law and community advocacy - economic justice; context and advocacy strategies - domestic violence; context and advocacy strategies
Restrictions/Prerequisites
Format: Seminar 
Method of Evaluation: The course will be pass/fail and all evaluations of coursework will be peer based.

Student Initiated Seminar (LAWG 521) - Human Trafficking: Drivers, Actors and the Law (Winter)

Instructor: Professor Nandini Ramanujam
Convenors: Tessa Martin & Samanta García Fialdin
Language of Instruction: English
Description: The seminar will focus on the topic of trafficking in persons through different lenses, including key issues and legal considerations relating to the topic.
Objectives: This seminar seeks to: • Expose our legal community to the complexities of this issue through a critical approach in a discussion/seminar format; • Train future lawyers regarding the legal options available to trafficked persons; • Connect the issues raised to material from other law courses (e.g. Contractual Obligations, Labour Law, Immigration Law, ECO, Constitutional Law, Criminal Law) so as to explore innovative approaches to address the issue
Restrictions/Prerequisites
Format: Seminar
Method of Evaluation: Pass/fail

3

Sheppard

Ramanujam

Fall

Winter

Sustainable Development (LAWG 502)

Language of Instruction: English
Description: : This course aims to prepare students to design and implement initiatives that seek to move the world toward a more sustainable path. Part I of the course introduces students to different approaches to sustainability and to key concepts and tools required for the pursuit of sustainability, namely social innovation, design thinking, theory of change, and story-telling. These sections also provide students with an opportunity to get started in building teams and developing their group projects. The remainder of the course is organized around three different pathways that can be pursued to trigger, foster, or support transitions to sustainability, namely efforts that seek to: change policies and design effective institutions, steer behaviour through market instruments, social entrepreneurship, and corporate social responsibility, and advocate for, and engender, changes in social and legal norms, mobilize communities and foster cooperation at the local level. In addition to the lectures, readings, and exercises featured in class, students will also learn through the experience of completing a group project and receiving feedback throughout the semester from the instructor and other students in the course. Ultimately, this course aims to provide students with the skills and knowledge that will enable them to develop a sophisticated understanding of change and use it to craft and implement effective solutions to complex problems in the field of sustainability.
Restrictions/Prerequisites
Format: This class will be taught through a combination of interactive lectures and collaborative learning approaches, including problem-based learning and in-class group discussions.
Method of Evaluation: 10% 500-word essay on class participation; 10% peer assessment of collaboration skills; 30% 10-minute group oral presentation; and 50% group term project. Students can select one of the following types of group term projects which they will complete in teams of three to five students: (1) the creation of the business plan or model for a new social enterprise; or (2) the crafting of an innovative policy proposal.

3 Jodoin Fall

Talmudic Law (CMPL 513)

Language of Instruction: English
Description: We will trace the philosophical, theological, and historical foundations of classical Jewish Law. We will also study the methodology and structure of Jewish Law. We will seek to formulate an understanding of the process of decision making in Jewish Law, as distinct from the process in Civil Law or in Common Law. Then, in the second half of the course, we will apply these principles to specific areas of law including Family Law, estate Law, and other topics.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: class attendance (10%), responses to questions about reading (15%), and a research paper of 8,000 words (75%).

3 Whitman Winter

Tax Policy (PUB2 515)

Language of Instruction: English
Description: This course examines the foundations of tax policy in Canada and around the world, with a focus on both classical and contemporary writing. The course will integrate a colloquium with invited speakers, who will present works in progress on current issues of national and international tax policy. 
Restrictions/Prerequisites: Taxation
Format
Method of Evaluation: Grading will be based on four papers (max 2,000 words each) to be written over the course of the term in response to selected works of tax scholarship. There will be no exam. Because this is a discussion-based course featuring invited speakers, preparation, attendance and meaningful engagement in all classes is required. 

3 Christians Fall

Taxation (PUB2 313)

Section 001 (Fall)

Instructor: Me Nadia Rusak
Language of Instruction: English
Description: This course introduces students to fundamentals of Canadian federal income taxation, with focus on principles governing taxation of individuals. It examines key structural and policy elements of the income tax system by addressing the following questions: who should be taxed; what should be taxed; how much tax should be payable; when tax should be payable; and how the tax system should be administered, and disputes should be resolved between the taxpayers and tax collectors. The relevant legal principles will be explored by reading and interpreting statutory rules, administrative practices of tax authorities and case law.
Restrictions/Prerequisites
Format
Method of Evaluation: The mode of evaluation for this course is: (i) a 70% take home final exam, to be available during the term’s final exam period and to be completed within six hours of having been accessed by the student (3000 words limit in English); and (ii) a 30% mid-term assignment, that will be held during a one-week mid-term period (exact dates to be confirmed) and required to be completed within 24 hours of having been accessed by the student (1000 words limit in English). The assignment submission formalities will be worked out with the Student Affairs Office. Each student must work independently on the exam or assignment, as the case may be. Any student who is unsure what this means is strongly encouraged to consult the Faculty regulations.

Section 001 (Winter)

Instructor: Me Barchichat
Language of Instruction: French
Description: TBD
Restrictions/Prerequisites
Format: Lecture 
Method of Evaluation:

4 Rusak
Barchichat
Fall
Winter

Trial Advocacy (PUB2 420)

Language of Instruction: English
Description: The basic techniques of drafting, discovery, examination and cross-examination of witnesses, and pleading in the context of a fictional civil case. The emphasis is on active participation and on practical exercises in the basic problem areas: the unfolding of the narrative; the drafting of proceedings; the use of open and suggestive questions; the preparation of final arguments.
Restrictions/Prerequisites: None
Format: Lecture
Method of Evaluation: 10% participation, 40% in class assignments, 50% in class oral.

3

Grossman & Michelin

Winter

Law Focus Week Workshops

The Faculty of Law would like to acknowledge the McCarthy Tétrault Fund for Innovative Legal Education in support of Focus Week Workshops.

The one-credit workshops are taught in an intensive period and offer an opportunity to critically analyze and develop relevant skills for experts in the law, such as negotiation, mediation, project management, community mobilization, policy analysis, empirical research, entrepreneurship, financial analysis, and the like. Due to the intensive nature of the Focus Week Workshops, attendance is mandatory.

Focus Week Workshops are graded pass/fail

All other courses (except 1st year courses) are suspended during the week.  Fall 2019 Focus Week will take place October 21-25, 2019 &  Winter 2020 Focus Week will take place February 24-28, 2020.

***COURSE NUMBERS ARE NOT FINAL: PLEASE CHECK MINERVA***

Course Title and Number

Credits Instructors Term

Law Focus Week Workshop 1 (LAWG 550)

Section 001/009 - Build your Professional Success with Emotional Intelligence (Fall)

Instructor: Jane Reichman Van Toch
Language of Instruction: English
Description: The world of law is changing. More and more, lawyers cannot rely solely on their cognitive intelligence and traditional skills, such as legal analysis and effective oral and written communication, to fulfill their professional potential. Increasingly, clients are looking at alternative resources to meet their legal needs. The “Millenial” generation is bringing a new culture and outlook questioning traditional practices and rules, and rapid changes resulting from technological advances are poised to further impact the practice. The ability to work in stressful situations and adapt to changing norms, to work effectively with others (including teams, clients, colleagues and staff), to understand what is important to clients and how to meet their needs are key success factors. There is no shortage of bright lawyers who surpass all the academic bars. What differentiates one from the other are the relationship skills they bring to the table. In this course, students will learn how to increase awareness of their own relationship skills and develop strategies to build and manage them effectively in order to increase their success in law school – and throughout their legal careers.
Restrictions/Prerequisites:
Format: This will be a highly interactive session – with a combination of lecture and personal participation.  Students will also work with a personalized valid and reliable tool for managing conflict and improving relationships. 
Method of Evaluation: This Course is Pass/Fail.  The grade will be based on Student’s participation in the session and a short paper (1-2 pages) to be submitted to the Instructor.  

Section 001/009 - TBA (Winter)

Instructor: Prof. Moyse
Language of Instruction
Description
Restrictions/Prerequisites
Format
Method of Evaluation

1
 

Reichman Van Toch

Moyse
 

Fall


Winter

Law Focus Week Workshop 2 (LAWG 551)

Section 001/009 - Advanced Legal Research (Fall)

Instructor: Katerina Daniels
Language of Instruction: English
Description: With the multitude of legal resources available, each with their own strengths and particularities, legal research can easily become overwhelming. Both new and even experienced lawyers can spend hours researching in the wrong place, resulting in sometimes exorbitant charges that the firm will ultimately be forced to absorb. As clients increasingly start scrutinizing legal research charges, lawyers must become proficient researchers. Building on the basic introduction to legal research offered during the Integration Week, this course aims to develop students’ instincts when it comes to legal research. The course will be divided into 5 parts: (1) doctrine; (2) legislation; (3) case law; (4) international resources; (5) new legal research tools.                                                                        
Method of Evaluation: Active participation in class exercises (40%), Research assignment (60%), pass/fail

Section 001/009 - Anatomy of a Deal (Winter)

Instructor: Me Singh, Ragas & Wilson
Language of Instruction: English
Description: This course will be taught over 2 ½ days and is designed to introduce students to the basic components of mergers & acquisitions transactions from the initial decision to pursue a transaction, through the due diligence phase, to negotiation and all the way to its conclusion.
Method of Evaluation: Active participation throughout the entire course is strongly encouraged and will represent 50% of the student’s assessment. Students will also be asked to complete a reflection piece (no longer than 5 pages, double spaced), which will represent the remaining 50% of the assessment

1

Daniels

Singh, Ragas, Wilson

Fall

Winter

Law Focus Week Workshop 3 (LAWG 552)

Section 001/009 - Negotiation and Mediation (Fall)

Instructor: Louise Otis
Language of Instruction: English
Description: This course explores the basics rules and skills of assisted conflict resolution processes . In a dynamic and interactive environment, students will also get an opportunity to reflect on the role of the lawyer assisting a party to a negotiation or mediation and the legal norms and ethical guidelines governing all parties involved.
Restrictions/Prerequisites
Method of Evaluation: Students are required to write a final paper no longer than 5 pages. Pass/Failed evaluation.

Section 001/009 - Wrongful Convictions (Winter)

Instructor: Robert Israel & Roberta Harthel-Côté
Language of Instruction
Description
Restrictions/Prerequisites
Format
Method of Evaluation

1

Otis

Israel, Harthel-Côté

Fall

Winter

Law Focus Week Workshop 4 (LAWG 553)

Section 001 - Diversity, Inclusion and Leadership (Fall)

Instructor: Anthony Morgan
Language of Instruction
Description
Restrictions/Prerequisites
Format
Method of Evaluation

Section 001 - Thinking like an Innovator (Winter)

Instructor: Karen Skinner
Language of Instruction
Description: Thinking like an Innovator: Changing the way we deliver legal services in the 21st century. The last decade has been a tumultuous time for the legal profession. Innovation is an industry buzzword, but the population remains underserved. At the same time, many firms struggle with inefficiency, low profitability, and increasing competition. We need to find ways to deliver legal services better, faster, and cheaper. To do that, we need lawyers who can think like innovators.
Restrictions/Prerequisites
Format
Method of Evaluation

1 Morgan
Skinner
Fall
Winter

Law Focus Week Workshop 5 (LAWG 554)

Section 001 - Mediations/ADR (Fall)

Instructor: Robert A Valdmanis
Language of Instruction: English
Description: This experiential learning workshop will provide students with theory and analytical tools supported by practical exercises, simulations and reflections to enhance strategic negotiation and problem solving skills, including active listening, question asking and creative thinking.
Format:
Method of Evaluation: The workshop evaluation will be Pass / Fail, based on attendance (mandatory) and participation

Section 001 - Labour Disputes Prevention and Resolution (Winter)

Language of Instruction: English and French
Description: This 4-day intensive course explores the basics rules and skills of assisted conflict resolution processes in labour law and administrative law. In a dynamic and interactive environment, students will also get an opportunity to reflect on the role of the lawyer assisting a party to a negotiation, conciliation or mediation and the legal norms and ethical guidelines governing all parties involved.
Restrictions/Prerequisites
Method of Evaluation : Students are required to write a final paper no longer than 5 pages. Pass/Failed evaluation.

1

Valdmanis

Otis

Fall

Winter

Graduate Courses

Graduate courses are open to BCL/LLB students by approval. Students must complete the Course Change Form.

Course Title and Number Credits Instructors Term

Airline Business and Law (ASPL 614)

Language of Instruction: English
Description: This course weaves the legal and regulatory issues airlines face into business principles of economics, finance, planning, operations, marketing, distribution, pricing, labour, cost containment, and inter-corporate alliances.  Relationships with airports, travel agents, computer reservations systems, and government also are explored, as are international dimensions of commercial air transportation. Economic theory and regulatory and policy issues involving safety, antitrust, licensing, securities issuances, aircraft finance, employment, environment, and sustainability are further examined.
Restrictions/Prerequisites
Format: Lecture
Method of Evaluation: 10% will be based on class participation and a 10 minute in-class presentation on a topic of your choice that is listed in the itinerary below. 20% of the final grade will be based on a Term Paper of at least 10 pages on one of the topics listed in the Outline. Details on the assessment criteria of the Term Paper will be provided. The topic of the Term Paper should be sufficiently different from the topic of the in-class presentation. 70% of the grade in this course will be based on student performance on the final 24-hour take-home examination. The exam period begins on 6 December 2018 and latest to submit a completed take-home examination is 20 December 2018.
Biography: Kuan-Wei (David) Chen obtained his undergraduate degree in Law and Politics from the University of London's School of Oriental and African Studies. Later, he obtained an LL.M. (cum laude) in Public International Law from Leiden University and an LL.M. in Air and Space Law from McGill's Institute of Air and Space Law, where he was also the Boeing Fellow in Air and Space Law (2008-2010) and recipient of the Nicolas M. Matte Award. He has previous worked at as a Teaching and Research Assistant at the Van Vollenhoven Institute for Law, Governance and Development, Leiden University, and was the Co-ordinator of the Telders International Law Moot Court at the Grotius Centre for International Legal Studies. Since 2009, he has worked as a Research Assistant at the Institute of Air and Space Law, and in 2012, he became the Editor of the Annals of Air and Space Law, published by McGill's Centre for Research in Air and Space Law.

3 Chen Fall

Communication 1 (LAWG 601)

Language of Instruction: Not available yet
Description: Not available yet
Restrictions/Prerequisites: Not available yet
Format: Not available yet
Method of Evaluation: Not available yet

1.5 Hung Fall

Communication 2 (LAWG 602)

Language of Instruction: Not available yet
Description: Not available yet
Restrictions/Prerequisites: Not available yet
Format: Not available yet
Method of Evaluation: Not available yet

1.5 Hung & Abrams Winter

Comparative Air Law (ASPL 632)

Language of Instruction: English
Description: The first part of the course provides an introduction to the comparative law approach and applies some basic concepts of the civil and common law traditions to the field of air law. The second part of the course deals with selected topics where applicable law has not, or only partially, been unified by private international air law conventions and where a comparative approach, based on national laws, must be used to find solutions. The selected topics include: the nature of the contract of carriage, product liability principles, aircraft manufacturers’ liability, State liability for negligent certification of aircraft, liability of air navigation service providers, and liability for damage caused by aircraft on the ground.
Restrictions/Prerequisites: 
Format: Lecture
Method of Evaluation:
In-term assignments (25%) and final examination (75%).

3 Weber Winter

Government Regulation of Air Transport (ASPL 613)

Language of Instruction: English
Description: TBD
Restrictions/Prerequisites:
Format:
Method of Evaluation:

3 Fitzgerald Winter

Law of Space Applications (ASPL 638)

Language of Instruction: English
Description: This course deals with the international legal aspects of various space applications. In particular, the course examines the international law related to satellite telecommunications (including satellite broadcasting) and the role therein of various international organizations; remote sensing by satellites; space stations; space travel; navigational services by satellites; military uses of outer space; space-based solar power; and international space technology transfers and international trade in space products and services, etc.
Restrictions/Prerequisites:
Format: Seminar
Method of Evaluation: Evaluation will be based on an end of term 24 hours Open Book Take Home Examination (100%)

3 Jakhu Winter

Government Regulation of Space Activities (ASPL 639)

Language of Instruction: English
Description: This course deals with national (domestic) laws and regulatory regimes of some spacefaring nations governing space activities, particularly those that are carried out by private entities for commercial purposes.
Restrictions/Prerequisites: None
Format: Seminar
Method of Evaluation: Class participation (33.1/3 %); Formal presentation in the class, including written text of the presentation (33.1/3%); and Written term paper (33.1/3%).

3 Jakhu Winter

International Business Law (CMPL 604)

Language of Instruction: English
Description: This foundational seminar aims to introduce students to the legal and practical issues relevant to the transaction of business by private actors across borders. The first sessions will focus on the concepts, sources and institutions of transnational business law, the reasons for the persistence of local differences despite the pressures of globalization, and thus the continued importance of harmonization of private international law rules (in the traditional sense). The focus will then shift to recent developments in specific domains of business law, for example, choice of law and choice of forum agreements, international dispute resolution, contract law including sale and carriage contracts, cross-border insolvency, letters of credit and financing. Additional issues to be examined include anti‐corruption and anti-tax avoidance initiatives as well as the contested link between economic development and law reform and legal traditions.
Restrictions/Prerequisites: Open to graduate students and to undergraduate students who have completed four terms in the Faculty of Law.
Format:
Method of Evaluation: 
10% attendance, 30% participation and leadership, 50% research essay, 10% oral presentation of research essay topic.

3 Walsh  Winter

Legal Education Seminar (LAWG 625)

Language of Instruction: English
Description: What does the meaningful teaching of law entail?  And what do students of law learn, question, and experience?  This seminar will provide a forum for a sustained discussion of the structures, institutions, objectives, and pedagogical possibilities connected to the learning and teaching of law.  By delving into examples found across time and space, we will reflect on the ways in which legal education continues to be challenged, modified, and redefined.  In particular, the objectives of (legal) education, and the connections among law schools, faculties, universities, professional bodies, and broader community organizations will be explored through a series of current and challenging themes.  As the unfolding conversation will show, thinking about legal education is integral to reflection on law’s substance, forms, and participants. Written work for the seminar will explore different perspectives on the governance and pedagogical frameworks associated with the teaching of law. Opportunities for teaching experience and for providing constructive evaluation of pedagogical techniques will be incorporated into the classroom sessions, and participants will be encouraged to pursue publication of their papers.
Restrictions/Prerequisites:Directed primarily, although not exclusively, to doctoral students in law, the seminar also welcomes students in the BCL/LLB and LLM programs who demonstrate interest in legal education and pedagogy.
Format:
Method of Evaluation:40% In-term Writing and Participation (15% Leading a Session (with associated documents prepared), 10% General Engagement, 15% Observation/Critique Memo), 60% Final Essay (5000 words, excluding table of contents, footnotes, and bibliography).

3 Van Praagh Winter

Legal Research Methodology (CMPL 610D1/D2)

Language of Instruction: English
Description: Exploration and critique of various methodological approaches to the pursuit of a research inquiry within the context of legal scholarship. Graduate students will develop familiarity with research methods and strategies and will be afforded with opportunities for developing and sharpening their legal research, writing and analytical skills.
Restrictions/Prerequisites:
Format:
Method of Evaluation: 
Multiple assignments, graded on a Pass/Fail basis.

3

Megret

Full-year

Legal Research Methodology for DCL (LAWG 702)

Language of Instruction: English
Description: Exploration and critique of various methodological approaches to the pursuit of a research inquiry within the context of legal scholarship. Graduate students will develop familiarity with research methods and strategies and will be afforded with opportunities for developing and sharpening their legal research, writing and analytical skills. 
Restrictions/Prerequisites:
Format:
Method of Evaluation: Multiple assignments, graded on a Pass/Fail basis.

2 Megret Fall

Legal Traditions (CMPL 600)

Language of Instruction: English
Description: The concept of a legal tradition. Cultural and philosophical foundations. Nature of legal traditions, both secular and religious, including the civil and common law. Comparative method. Particular focus on relations between traditions (colonialism, legal pluralism, harmonization). Cross-cultural jurisprudence.
Format: Seminar
Method of Evaluation: Class participation (10%); short reflection pieces (30%); seminar presentation (20%); end of term essay (40%).

3 Howes Winter

Public International Air Law (ASPL 633)

Language of Instruction: English
Description: The gateway course in Public International Air Law examines the relevant principles and rules of public international law that affect the use of airspace and aeronautics. 
Restrictions/Prerequisites: 
Format: 
Method of Evaluation:
A final take-home exam (open book) will comprise 75% of the final grade.  In-term assignments, including a mock bilateral treaty negotiation, will comprise 25% of the final grade.

3 Havel Fall

Private International Air Law (ASPL 636)

Language of Instruction: English
Description:This course examines the unification of private international air law through the adoption of international conventions.  In particular, it reviews the liability of the air carrier towards passengers and shippers under the Warsaw Convention, as amended and supplemented by several other international legal instruments, including the Montreal Convention of 1999.  The course also examines the basic framework of several other conventions, such as the Rome Convention on surface damage done by aircraft, and ICAO’s recent initiatives to modernize the 1952 Rome Convention. Insurance aspects and implications of the air carrier’s international liability will also be addressed.
Restrictions/Prerequisites:
Format:
Method of Evaluation:
In-term Assignment (20%) and final Examination (80%).

3 Havel Fall

Space Law: General Principles (ASPL 637)

Language of Instruction: English
Description: The objective of the course is to examine the role of international law in the regulation of outer space activities. Specifically, the course examines the current and potential future uses of outer space; the law‐making process relating to space activities and the international institutions that are involved in this process; the legal regime of outer space and celestial bodies including the exploitation of space natural resources; the legal status of spacecraft including their registration; liability for damage caused by space activities; assistance to astronauts and spacecraft in distress; legal controls governing activities harmful to the environment and to peaceful uses of outer space; settlement of space‐related disputes, etc.
Restrictions/Prerequisites: None (however, some knowledge of public international law is assumed)
Format:
Method of Evaluation: Evaluation will be based on either (a) the end of term open-book examination (100%) or (b) the end of term open-book examination (50%) and paper (50%).

3

Jakhu

Fall

Theoretical Approaches to Law (CMPL 641)

Section 009 (LLM)

Instructor: Professor Kirsten Anker
Language of Instruction: English
Description:
Restrictions/Prerequisites:
Format:
Method of Evaluation: 

Section 010 (DCL)

Instructor: Professor Provost
Language of Instruction: English
Description: This course aims to provide doctoral students with an exposure to some theoretical dimensions of the study, teaching, and research in law. As a course required for all DCL students and closed to other students, Theoretical Approaches to Law is also meant to provide a privileged forum for doctoral students to meet and reflect on their legal experiences, past and present. The course will broadly cover three themes dealing respectively with the nature of law, the nature of legal education, and the nature of legal research. Each theme refers to a sampling of issues to which all doctoral students in law should be sensitive in their work. That said, the course is not meant to suggest that all doctoral students must incorporate these various theoretical approaches into their thesis, nor even that students should necessarily produce writing which is theoretical in nature.
Restrictions/Prerequisites:
Format: Seminar
Method of Evaluation: Several in-term assignments.

3 Anker
Provost
Fall
Fall

FAQ

How should I choose which courses to take? 

Before you begin the course selection process, it’s important that you fill out a Degree Audit Form. This will help you determine which courses are required and how many credits you should aim to complete each semester. You may also want to try and balance your workload by considering the evaluation methods of the course, your extra-curricular commitments, and any non-course credits you are taking.

Why is there a limit on the number of credits I am able to enroll in during the first round of course registration?

Priority registration is in place to give students who are in their final semester the chance to enroll in the courses they need to graduate before they are full. It is also an opportunity for upper year students to register for courses that they have been looking forward to taking since they started their program, but may have typically filled up in previous years’ registration.

Is the current list of course offerings on the SAO website final?

The course offerings that are listed on the SAO website are as complete as possible, as of the date of viewing. If new course offerings are added, students will be informed via email and information will be updated on our website. These later changes are often due to low course enrollment, changes in professors’ schedules, the hiring of new lecturers, etc.

What does "Not available yet" mean? 

"Not available yet" may appear under certain fields in the course offerings information (often for the professor, course time, or evaluation method). This is generally because the hiring of sessional lecturers has not been finalized, or because the professor has not yet communicated details of the course to us. As soon as information becomes available, it is added to the online course offerings page.

Why does the course description show evaluation information from a previous year? 

In some cases, instructors do not submit evaluation information or revised course descriptions to the SAO in time for course registration. This information will be added to the online course offerings page as soon as it is communicated to us, or it will be made available to students during the first week of classes by the instructor. 

Can I take two courses if there is a scheduling conflict between the final exams?  

This is not recommended. It’s important that you consult the Final Exam Schedule to ensure that there are no scheduling conflicts between the courses you are enrolling in. Students may not enroll in courses where the final exams are scheduled at the same time. Furthermore, it is the student’s responsibility to meet any and all deadlines. Academic accommodations will not be permitted based on a course conflict.  

Why are there caps on the number of students who can enroll in courses?  

We do our best to maximize the number of spaces available in courses. Caps are placed on class sizes because of classroom availability, the specific format of courses (for example, class sizes are smaller for seminar courses that are based on active participation), and professors’ preferences (it’s important to consider how an increased class size increases a professor’s workload).  

The course I want to take is full. What can I do?  

Don’t despair if a course that you’re interested in is full. Students often change their schedules around over the course of the summer, and especially during the first few weeks of class before the add/drop deadline. Ensure that you are added to the courses Wait List on Minerva (for courses that have one), and check back on Minerva regularly to see if spots open up. 

Why do certain courses have waitlists, but not others?

Waitlists are dependent on course structure (lecture vs seminar), classroom space and course caps.

A certain course was offered last year, but it is not being offered again this year. Why is that?

There are a number of considerations that determine which courses are offered each year. Course offerings often depend on the availability of professors, the Faculty’s ability to hire sessional lecturers, and student interest/course enrollment in previous years. Every effort is made to ensure that there is a diverse selection of courses for students to choose from.

The Faculty does not offer a course on a subject I’m interested in. How can I submit a suggestion for future course offerings?

If you have suggestions or feedback on course offerings, please feel free to complete the SAO Feedback Survey. Alternatively, you can contact the vp-academic.lsa [at] mail.mcgill.ca (Academic Vice President) of the Law Students’ Association with your suggestions on the types of courses you are interested in taking.

What can I do if I have questions about required courses, or want to make sure that I’m registering for the correct courses?

Most student questions can be answered by browsing the SAO website or by speaking with the SAO front counter staff. Academic Advisors are also available to assist you with course selection and planning your degree. Appointment requests can be made via sao.law [at] mcgill.ca.