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This course explores a set of contemporary challenges confronting rights-based constitutional order: What is a constitutional right? Are positive rights genuine rights? How should constitutional rights be interpreted? Is balancing a threat to rights? Are constitutional commitments to the inherent and universal human dignity of persons empty? What are the institutional roles of legislative, executive, and judicial institutions in the joint project of rights-protection? Is judicial review a threat to democratic self-governance? Is Canada an instance of or an alternative to rights-based constitutional order? These questions will be explored in reference to comparative case law and commentary.
The aim of the course is to introduce you to thinking philosophically about the law and to methodological and normative questions concerning law; to provide you with knowledge of some of the most influential legal and political philosophies and their theses on law; to encourage and enable you to think about doctrinal legal questions from a philosophical perspective; and to help you develop legal reasoning skills by training you in constructing abstract, philosophical arguments.
Our approach is philosophical, but no prior background or training in philosophy is necessary.
Pre-requisite: Law 440 Bus Assoc
Pre-requisites: Law 440 Business Association AND Law 448 Securities Regulation
In this seminar course, we will consider how public health laws affect our daily lives from a practical lens using real-life public health issues. We will specifically examine relevant statutes and jurisprudence across criminal law, constitutional law, tort law, privacy law and administrative law. Students will gain a foundational understanding of public health law through readings, lectures, discussion and guest speakers. Students will also have the opportunity to tailor their learning experience by delving deeper into their specific areas of interest within public health law through written assignments and presentations.
Contemporary neuroscientists look at how human behaviour arises from brain activity. Their findings have increasingly been used to address many legal questions. In this seminar, students will learn about:
a) brain scanning technologies and the extent to which conclusions about human behaviour can be drawn from studies using these technologies;
b) how to assess and use neuroscience evidence;
c) how neuroscience evidence has been used to address particular legal issues, including: whether a party had mental capacity to enter into a contract, make a will, or get married; the mental state of an accused at the time of an alleged crime; how the state of a minor's brain development affects cognitive capacity; the accuracy of eye-witness testimony; and how particular brain injuries affect mental functioning.
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Students are given instruction and guidance in developing their own advocacy style. Generally speaking, you can¿t win a bad case with stellar advocacy skills. However, it is possible to jeopardize a good case with ineffective written and oral advocacy skills.
As the term progresses, the class is divided into two person teams and assigned the roles of either Appellants or Respondents. The class is then assigned a case that has recently been granted ¿Leave to Appeal¿ by the Supreme Court of Canada, but has not yet been heard by the SCC. By the end of the term the entire class will have served and filed their respective written Facta and presented oral argument in the case.
By design and with good timing, sometime later in the following Winter Term the Supreme Court of Canada will hear, adjudicate and release its own decision in that case.
Topic 5: International business crime will focus on Canadian law and enforcement relating to corruption and related areas such as money laundering, sanctions, procurement, fraud, and other international business matters. The course will survey the development of anti-corruption regimes by international bodies such as the World Bank and the Organization for Economic Cooperation and Development and select foreign anti-corruption laws (e.g., U.S. and U.K.). The course will also address the fundamental building blocks of successful internal compliance policies and burgeoning issues businesses face in supply-chain management. Through case studies, students will have an opportunity to develop practical insights into internal and government investigations, case resolution, risk mitigation and compliance.
Topic 6: Islamic law, unlike Roman law and the later Western law that we shall compare it to both in theory and practice, is divided into two major parts: public law and private law. Muslim jurists have generally divided rights into those set forth by God (public rights) and those of the servants of Allah (personal rights). Constitutionalism as a concept rapidly gained momentum, spreading around the world especially quickly after the Second World War. In this course, we will first explore the main tenets of Islam as a belief system. Secondly, we will examine the sources of Islamic law, especially in regards to constitutional law. These constitutional sources is where we will explore the first constitution of Islam (the Charter of Medina). Thirdly, we will embark upon a discovery of what the state is, and how this one formed in accordance with Islamic law. In this same section we will also analyze the history of the separation of powers in Islamic law. Fourthly, we will explore human rights and freedoms in Islam, including but not limited to political rights, and the rights of minorities and women. Lastly, we will conclude with the later continuation of the initial Islamic State that was the later Ottomans (1299-1922) and their own distinct practices.
The course evaluations will be arranged as follows: 20 % of the grade consist of in-class participation, with the remaining 80 % consisting of a final paper of 20 pages double-spaced.
Multilateral efforts to reduce greenhouse gas emissions are expected to result in a world of 3.2 warming. Yet climate scientists and politicians alike declare this outcome to be a reckless gamble, creating the risk of tipping points in the earth's climate system and cascading failures which will imperil ecosystems and society. What is the role of innovative climate lawyers to steer global efforts towards success? To answer this question, this course will dedicate itself to examining the international legal and policy features which govern efforts to manage global climate change. It asks how the dominant legal response has performed, and what reforms are vital for the climate regime's future.
The course will be structured in two parts. The first describes the broad features of international climate law, including the key treaties, principles, multilateral fora and case law. The second half of the course will focus on the law and policy which underpins the United Nations Framework Convention on Climate Change (UNFCCC) -- the primary multilateral forum for reducing greenhouse gas emissions. Under the UNFCCC, we trace its legal evolution from the 1997 Kyoto Protocol to the 2015 Paris Agreement, and identify key factors which enable or constrain its success. The desired outcome from this course is to not only understand the contours of international climate law, but also -- and especially -- opportunities to adopt decades-old approaches in ways that are relevant for 21st century environmental problems.
A distinct feature of this course will be to engage practitioner insights working at the frontier of international climate law. Guest speakers include the former United States Special Envoy for climate change, Todd Stern, international climate legal scholar Daniel Bodansky, and a litigant working on the pioneering, human-rights based approach to climate litigation through the Urgenda campaign.
Topic 7: Constitutional Amendment in Canada and the World.
No part of any constitution is more important than the rules used to change it. This course will situate the Constitution of Canada at the centre of our comparative inquiry into how constitutions change around the world. What are the rules of constitutional amendment in Canada in relation to standard design around the world? Is there anything unique about how amendment works (or fails) in Canada? What makes the Canadian Constitution one the world's most difficult to amend? And why doesn't the Canadian Constitution make anything unamendable, unlike other countries in the world, which protect human dignity, federalism, and secularism against amendment? We will discover through our readings and discussions that constitutional amendment rules open a window into the soul of a constitution, simultaneously exposing its deepest vulnerabilities and revealing its greatest strengths. Over the course of the term, we will host guest professors in our seminar-style discussions.
Topic 8: Human Rights EU Perspective
The course includes a study of the European Convention on Human Rights (ECHR), one of the most successful international human rights instruments, adopted by the Council of Europe, and its judicial institution, the European Court of Human Rights (ECtHR). At the same time the course provides information on the European Union (EU) human rights jurisdiction, the EU Charter of Fundamental Rights, competencies of the Court of Justice of the EU (CJEU) in the application of the Charter and the links between the two European human rights systems. The course seeks to provide answers to such central questions as: what are the Council of Europe and the EU? What rights and freedoms are protected under the ECHR? What are the rules for submitting an application to the ECtHR? What are the rules of proceedings of the ECtHR and how are decisions enforced? What are the differences between the ECHR and the EU Charter of Fundamental Rights? What are the links between the two European jurisdictions and why accession of the EU to the ECHR is a shared objective of both systems? Exploration of these issues is performed through a combination of the study of history, role and activities of the Council of Europe and the EU, as well as a comparative review of the ECHR and the EU Charter of Fundamental Rights and the case law of the ECtHR and the CJEU.
Topic 9: Introduction to Canadian Oil and Gas Law
Oil and Gas has been an important source of energy, powering and driving economies for over a century now. In our world today, more than 80 percent of the energy we consume is produced from oil and gas. The recent disruption in the supply and distribution of this commodity, occasioned by the armed conflict between Russia and Ukraine (and the economic sanctions imposed on Russia as a result of that conflict) has even accorded more prominence to the discussion on the exploration and production of oil and gas to meet energy needs around the world. Canada has a proven oil reserves of 172 billion barrels and it could get even bigger as exploration technology advances. This makes Canada a major player in the global oil and gas market and the exploration of this rare commodity even all the more imperative.
This course seeks to provide students with an introduction to the legal issues arising in the oil and gas industry and setting out the legal framework regulating the oil and gas industry in Canada and elsewhere. The course will discuss petroleum ownership theories, the interaction between the oil and gas industry and the Indigenous peoples of Canada, fiscal considerations and the financing of oil and gas projects; various international petroleum agreements and their distinct features; nature and development of oil and gas leases in Canada; and current issues of sustainable development.
Topic 12: Coding for Lawyers
This course will introduce students to basic elements of computer programming for legal applications. Topics covered will include (i) setting up coding environments with an emphasis on computational requirements, (ii) familiarization with a high-level programming language like Python, (iii) basic introduction to the theory of natural language processing (NLP) and text processing, (iv) practical usage of the aforementioned in scenarios involving legal document analysis, (v) practical exploration of the application of state-of-the-art artificial intelligence to legal work. This course will allow law students to have an overview and understanding of the current technological landscape centered around AI, while enabling students to have hands-on experience.
Topic 14: Learning Anishinaabe Law from the Land at Elbow Lake Environmental Education Centre (ELEEC)
Can a river have standing? Can a porcupine teach a legal precedent? Can wild rice be a legal person? Anishinaabe law would answer yes to each of these questions. Canadian and U.S. law are learning to listen and adapt (to varying degrees) to how Indigenous legal orders are uniquely constituted in relation to the Earth. This course explores (1) Anishinaabe law sourced from the Earth (2) how Indigenous and non-Indigenous legal orders can better reconcile with one another on matters related to constitutional, property and environmental law, and (3) consider some foundational theoretical questions including how do we listen to plants, animals, water, rocks (etc.) so their needs are best met? Our ability to create and live Earth-centric laws will be essential to our collective survival as both humans and more-than-humans in this era of unprecedented climate change. We will investigate these themes through invited guest speakers, readings, conversations with one another, and time spent together outside on the Land. This course will take place entirely at Queen¿s University¿s Elbow Lake Environmental Education Centre, a 30-minute drive north of Queen¿s Law School. Participants have the choice to stay overnight in cabins at the Elbow Lake Centre or drive up each day for the learning sessions. There will be no additional costs for this course (transport, meals, accommodation etc. included). Given the intensive nature of this course, students must be able to attend each of the four days.
Indigenous law refers to Indigenous peoples own laws and is distinctive from the common law and civil law that form the primary content taught in law schools across Canada. The Truth and Reconciliation Commission final report calls for greater recognition and use of Indigenous laws, and legal professionals are increasingly asked to listen to, interpret, and apply Indigenous laws over the course of their practice. Yet how to do this raises practical and critical questions. This interactive seminar explores some of the current opportunities and challenges related to this practice area. Students will learn ways to engage with Indigenous legal traditions respectfully and critically, including an introduction to five different methods for drawing out Indigenous laws (from stories, ceremonies, land, language, and community). Students will also actively engage with specific Indigenous (primarily Anishinaabe) laws in a supportive environment.
Topic 8: Indigenous Law and Ecological Governance
This transsystemic course examines ecological governance through Indigenous laws, and Canadian law by comparison. It is a central condition of being human that we must take from the earth to survive, yet the extractive foundations and narratives within Canadian law stand in contrast to Indigenous legal orders which conceptualizes extraction in a different set of legal foundations. These differences uniquely animate decision-making processes and principles. This course proposes that the essential work of reconciliation between Indigenous and non-Indigenous legal orders requires reconciling ourselves with the earth, including the lifeworlds we both explicitly and implicitly uphold. We will explore possibilities for working across legal orders and consider questions of environmental justice from various perspectives.
Topic 9: Law and Autocracy
This seminar explores various dimensions of the relationship between law and authoritarianism. We begin with an overview of the theoretical discussion of that relationship, ranging from the beginnings of modern political theory to recent writing on law and the "new authoritarianism." We will then examine the role of law and lawyers in facilitating or undermining autocracy, with reference to historical and contemporary examples.
Topic 10: Charter Section 7
In this course, students will critically consider the role of section 7 in constraining Parliament¿s use of criminal laws in highly contested policy spaces, with a focus on the Supreme Court¿s role in how Canada now contends with commercial sex and assisted death. Some of the most contentious moral and ethical issues in Western democracies have transferred from the domain of representative politics to the courts through the constitution. The courts now play a key role in defining the substantive limits of criminal law. Section 7 of the Charter guarantees the right to life, liberty and security of the person, and the right not to be deprived thereof except in accordance with principles of fundamental justice. The Supreme Court has never found a law that violates section 7 justified under section 1. Successful section 7 challenges propelled change in Canada¿s legislative approach to abortion, commercial sex, and assisted death. This course examines: the nature and scope of the right to life, liberty, and security of the person; the principles of fundamental justice; and whether a section 7 violation could ever be justified under section 1. Students will also consider relevant procedural and evidentiary aspects of Charter litigation including: the role of interveners; the importance of adjudicative and legislative fact evidence; and the use of reasonable hypotheticals in assessing the constitutionality of criminal laws under section 7.
Topic 11: Critical Race Theory
This course uses the insights of critical historical, sociological, and legal scholarship to analyze the forces that have led to the formation of our legal system and the role that established law plays in limiting the possibility of achieving true equality and the elimination of racial hierarchies. The course will give students specific analytic tools that will enable them to bring a critical approach to all areas of their legal education as well as to this countries legal system and framework. Students will also be encouraged to explore their professional identities and future role within that existing framework. The course is divided into three sections: Historical Origins; The evolution and critical analysis of legal jurisprudence (both Canadian and International). Then and Now; and Going Forward.
Topic 12: Indigenous Lived Experience of Canadian Law
In this course, learners and the lead educator will survey selected Indigenous lived experiences of Canadian law and policy. While considering the layered colonial experiences of Indigenous Peoples, Nations, and communities, learners will be asked to challenge what they think they know about Canadian law. Learners will have the opportunity to engage in curated embodied Indigenous pedagogical practice in the classroom to facilitate building new relationships to ideas and will be expected to engage in individual artistic practice grounded in theories of Persuasive Legal Aesthetic over the course of the term. No previous artistic experience is required; the lead educator, a Floral Beadwork Person, will support you. Topics surveyed may include Forced Assimilative Education, Genocide of Indigenous Women, Girls, and Two-Spirited Peoples, child welfare crises, and other deeply challenging legal issues. The lead educator is committed to building a learning space centring love and community care and encourages learners to reach out with any questions or concerns.
Topic 13: AI and Law
Canada is in the midst of a major technological revolution in artificial intelligence (AI) that is transforming the practice of law, delivery of legal services, and the law. This course will explore both the theoretical and practical issues to understand the impact of AI on Canadian law and the practice of law. Topics to be addressed include the different approaches throughout the world to the regulation of AI (including Canada, EU, UK and others), governance of AI, professional obligations of lawyers and the use of AI, intellectual property, product liability, data privacy, and the use of AI in the administrative law, criminal and healthcare settings.
Topic 15: Two Paradigms of Canadian Law
A paradigm is a model or a set of premises that constitutes a way of understanding how things work. In the Canadian legal system, two paradigms have long been competing for dominance, as the legal ground slowly shifts beneath our feet. This seminar will give students an opportunity to make sense of the current state of Canadian law through this lens. It will explore features of these paradigms and consider conceptual and systemic shifts, some advanced and some just beginning, such as: from rule-of-law to rule-by-law; from common law to codified law; from legislative supremacy to judicial supremacy; from restrained courts to active judicial policy-making; from limited executive powers to managerial discretion; from separation of powers to delegation and deference to the administrative state; from equal treatment to equity; from blind justice to social justice; from negative rights to positive rights. This is a seminar course in which students will focus on the writing of an essay or research paper.
Topic 17: Transitional Justice and Reconciliation
This seminar explores how societies use transitional justice processes to confront large-scale political violence, and to bring about social and political transformation and reconciliation. The seminar proceeds in three parts: first, we examine the different elements of transitional justice and critiques of transitional justice; second, we explore how different mechanisms of transitional justice, such as truth and reconciliation commissions, public commemorations, criminal trials, have been used in jurisdictions around the world; and third, we consider what transitional justice and political reconciliation require in liberal democracies, such as Canada.
Topic 18: Law of Homicide
This advanced course in criminal law focuses on the law of homicide. The course will examine the constituent elements, available defences and relationship between forms of culpable homicide. The course will also address the prosecution and defence of homicide charges, as well as evidentiary and procedural issues that frequently arise in homicide cases. In addition, the course will explore jury instructions at various stages of the trial.
Topic 19: Law and Social Innovation
In this seminar, students will explore how regulations have (or have not) addressed the recent rapid pace of technological innovation, including key legal debates taking place in Canada and abroad. The course will explore a range of topics at the intersection of law and technology, including generative artificial intelligence's upheaval of traditional concepts of intellectual property, regulating the internet and online speech, privacy rights and emerging online torts, and copyright in the digital age. While the focus of this class will be on Canadian law, owing to the global nature of the topics and the ways in which governments are learning from each others' legislative initiatives, the course will include international approaches as well.
Topic 20: Advanced Topics in Income Taxation
This course will examine a number of topics including the taxation and deductibility of interest, the meaning of "paid-up capital", taxable Canadian property, derivatives and hedging and the rules relating to preferred shares. The course will emphasize the importance of interpreting the relevant provisions of the Income Tax Act as well as key cases.
Topic 21: Education Law
Our public education system has recently been the subject of controversy regarding strikes and labour disruptions in schools, teachers¿ and students¿ use of social media, and the process and outcomes of school board policymaking. This course will provide an overview of the legal regime for the system of public education in Ontario, with an emphasis on its unique labour relations regime. It covers labour and employment law issues relating to school boards, including the two-tier collective bargaining structure, strikes and work-to-rule activities, teachers¿ professional judgment and responsibilities, occupational health and safety (for example, work refusals related to violent students), and Charter issues such as the freedom of expression and privacy rights. Additional topics include school board governance, special education law, and Education Act issues, including student discipline and school closures. The course will include guest lecturers, who may include specialized subject matter experts and representatives of school boards, teachers¿ unions and the government.
Topic 22: Lawyering for Reconciliation
Student participating in this seminar will gain an understanding of the Truth and Reconciliation Commission¿s Calls to Action that relate to the legal profession, along with other Public Inquiry Reports that have called for significant improvements in how the legal profession interacts with Indigenous people and communities. Using an inclusive pedagogical approach, Students will explore what it means to ¿lawyer for reconciliation¿ and query whether the Rules of Professional Conduct, Rules of Civil Procedure and other legal processes and procedures further or harm reconciliation. Students will examine the Attorney General of Canada¿s Directive on Civil Litigation Involving Indigenous Peoples and review several case studies, professional conduct discipline hearings, facta, correspondence, and oral submissions delivered in courts across the country and hear directly from Indigenous claimants/respondents and their legal counsel.
The Legal AI Clinic is a project-based course jointly offered with Smith School of Business Masters in Artificial Intelligence program. The clinic is a forum for lawyers, data scientists and computer scientists to collaborate and develop new technology for the legal industry (mainly, but not exclusively, for industry partners of the Conflict Analytics Lab). Participants will act as either project leaders or analysts. At this stage, the Lab has identified discrete tech projects in the following fields: employment (calculation of severance and determination of worker status); insurance (calculation of non-pecuniary damages); dispute settlement (an intelligent negotiation system for law firms); trademark (risk-of-confusion assessment); and customer disputes (determination of customer compensation).
The Trade Policy and Negotiations Branch of Global Affairs Canada is responsible for Canada's international trade policy, including leading and coordinating government-wide efforts to negotiate bilateral and regional trade agreements, coordinating the implementation and management of existing trade agreements, and overseeing Canada's participation in multilateral agreements and negotiations at the World Trade Organization. A placement in the Trade Policy and Negotiations Branch allows students to gain valuable experience working with a wide variety of organizations (e.g. other Government of Canada departments and agencies; Canada's missions abroad; Provincial and Territorial governments; domestic stakeholders). Students may also gain experience contributing to the management of high-profile trade issues, specialized aspects of international trade, and Canada's foreign affairs and international trade policy.
Like many course designations, mental health law actually covers a broad range of legal categories and the cases are quite diverse. Throughout the course, a recurrent theme will be the protection of the rights of those who suffer from a mental illness, and the need to balance those rights against competing concerns about the need for treatment, public safety and other social interests. We review topics such as the civil committal process, capacity assessments, addictions, NCR findings, review board decisions, confidentiality, and the duty to warn.
The lessons will follow a fact scenario throughout the typical stages of a criminal case, including bail and release, arrest, disclosure and sentencing. Students will be required to either bring or respond to a criminal application using the fact scenario, in the role of either defence or Crown counsel. Courses in criminal procedure and evidence are not prerequisites (but both are recommended).
The Prison Law Clinic is a specialized legal clinic that provides legal advice, assistance and representation to prisoners in the seven penitentiaries in the Kingston area. This clinical course provides 2nd and 3rd year students with the opportunity to develop essential lawyering skills by becoming involved in the legal practice carried on by the Prison Law Clinic. Students will interview prisoner clients and represent them at trials in Penitentiary Disciplinary Courts and at Hearings before the Parole Board of Canada. Students will also be involved in providing legal advice and assistance to prisoner clients on a variety of other matters. Through the experience of involvement in the Clinic's legal practice, including its litigation, students will have many opportunities to develop skills in advocacy, interviewing clients, legal analysis and managing effective solicitor/client relationships. Students will work extensively with the time and case management system that the Queen's Law Clinic (QLC) uses. Instruction is provided through lectures, written materials and through individual supervision of student casework by the Clinic lawyers.
The class will meet for 3 hours each week on a date and time to be set and students will attend at the QLC, 5th Floor, LaSalle Mews, 303 Bagot Street, Kingston regularly and as required to meet with clinic lawyers and complete casework. Students will also attend at one or more penitentiaries regularly and as required in the course of their work.
Grading will be based on an evaluation of the casework completed by the student throughout the year and other possible assignments. Participation in class discussions is encouraged.
A maximum of 18 students will be admitted to this course. Students will be selected by the Clinic Director based on a written application process.
Queen¿s Law policy limits students to only one of the following clinical courses: QBLC LAW 438, QELC LAW 695, QFLC LAW 527, QPLC LAW418, QLA LAW 590. Students enrolled in one of those five clinical courses are not eligible for enrolment in another.
RECOMMENDED: Administrative Law, Advanced Constitutional Law, Advanced Legal Research, Human Rights.
The Prison Law Clinic is a specialized legal clinic that provides legal advice, assistance and representation to prisoners in the seven penitentiaries in the Kingston area. This clinical course provides 2nd and 3rd year students, who have had prior experience with the Prison Law Clinic (either through LAW 418 or through summer employment), with the opportunity to develop advanced advocacy and litigation skills by having carriage of more complex prison law files, including involvement in the human rights and test-case litigation practice carried on by the Prison Law Clinic. Students will pursue multiple targeted research projects in support of current and anticipated prisoner-rights litigation, assist counsel in preparing materials for courts and/or tribunals in ongoing litigation matters. Students will observe hearings and/or mediation sessions related to their files. Students may be required to travel to area prisons interview clients, potential test-case litigants and/or witnesses, and represent prisoner clients in proceedings before administrative decision-makers where the Clinic intends to create a record for a potential test-case. A driver's licence is generally required. Students will complete casework and will attend at the QLC, 5th Floor, LaSalle Mews, 303 Bagot Street, Kingston every two weeks or as required for individual supervision meetings with the course instructor. Grading will be based on an evaluation of the casework completed by the student throughout the year. Anticipated enrollment for this course is 4-6 students. Students will be selected by the course instructor based on a written application process.
- Historical underpinnings and sources of law at the heart of the international investment law regime;
- Core substantive investment obligations -- non-discrimination, expropriation, minimum standard of treatment, performance requirements, transfers;
- The approach States take in their treaty practice to reserve the policy flexibility required to regulate in the public interest (reservations and exceptions), and limitations to same;
- The interplay between international investment law and domestic law, and between the various international investment law treaties to which Canada is a Party;
- Investor-State dispute settlement (ISDS) practice and procedure, with specific focus on issues of remedies and enforcement;
- How States go about terminating investment obligations;
- Criticism and perceived shortcomings of the international investment law regime and ISDS, current efforts at reform, and how this area of law may evolve.
The course will aim to illuminate the above topics through examples provided by the many free trade agreements and investment treaties that Canada has negotiated, and the even greater number of investment arbitration claims that it has defended, over the past twenty-five years. Classes will be conducted in a seminar format, with a lecture followed by discussion, debate, and an exchange of ideas on the issues that we address each week.
- Incorporation and organization of business and not-for profit organizations
- Shareholder and partnership agreements
- Business name and trademark work (including applications for registration)
- Copyright advice and registration
- General government regulatory compliance issues relevant to start-ups, not-for-profits and charities
- Drafting and review of contracts covering a range of subject matter, from website or mobile app terms of use and privacy policies, through intellectual property licensing, various service agreements, employment contracts, to simple commercial leases, and subject to review counsel expertise and student interest, sports and entertainment law.
Students will also be actively involved in the operation of the Clinic, learning and developing skills in practice administration and management, client development, Law Society regulation, the use of retainer agreements and the use of time and case management software.
The course will run from September until April. Clinic members will meet as a class for 2-3 hours most weeks, and students will be required to attend office hours and meet with the Clinic Director on a weekly basis.
Grading will be based on an evaluation of the casework completed by the student throughout the year and the completion of course-related assignments.
A maximum of 24 students will be admitted to this course. Student caseworkers will be selected by the Clinic Director based on a written application process.
Queen¿s Law policy limits students to only one of the following clinical courses: QBLC LAW 438, QELC LAW 695, QFLC LAW 527, QPLC LAW418, QLA LAW 590. Students enrolled in one of those five clinical courses are not eligible for enrolment in another.
Course Learning Outcomes:
- NA
Pre-Requisite: Law 440
Students will work in small groups (¿project teams¿) under the close supervision of their professors and outside experts (¿mentors¿) on specific legal problems proposed by beneficiaries. Professors and mentors will provide substantive background instruction on the respective topics. The students will also benefit from instruction on improving their legal research and writing skills. At the end of the term, each team will present their projects to the class as well as to the beneficiary.
The practicum is part of a Joint University of Ottawa-Queen¿s International Economic Law Clinic under the umbrella of the TradeLab network. To get an idea of the types of projects done in previous years by clinics in the network, please consult www.tradelab.org.
¿ The Inbound and Outbound rules under the Income Tax Act (ITA) for the determination of residency of individuals, trusts, corporation and taxation of income ¿ this segment will include discussions on; the FAPI regime, the remote worker and their employer, regulation 105 and 102 of the ITA.; it will discuss the base erosion of profits concern under the OECD and will discuss Pillar One and Pillar Two;
¿ The extension of the General Anti-Avoidance Rules (GAAR) of the ITA to cross border transactions with a focus on the 2021 SCC decision in Alta Energy; we will also discuss the recent concerns of the Canada Revenue Agency on moving CCPCs to offshore jurisdiction which has led to the introduction of the mandatory disclosure rules released on July 22, 2023;
¿ The application of tax treaties to domestic law ¿ discussion will include the OECD Model Tax Treaty, the US Model Tax Treaty, the UN Model and the Multilateral Agreement (MLI) ¿ As part of the treaty discussion we will also discuss treaty overrides and will discuss section 7852(d)(1) of the Internal Revenue Code and the CRA administrative position with regards to ITA 94(3) Trusts;
¿ The foreign tax credit and transfer pricing.
Pre-requisite: Law 440 Business Associations
The course deals with a number of related issues concerning the treatment of children and adolescents in the legal system. Tactical, ethical and policy questions are addressed, as well as substantive and procedural legal topics. We will also explore the role of lawyers in a variety of proceedings affecting children and adolescents. While the primary focus of the course is legal and process oriented, the legal issues must be seen in a multi-disciplinary context, as is reflected in the reading materials and the range of professionals who will visit the class as speakers. The major topics in the course are: (1) child welfare, including child abuse and neglect, focussing primarily on child protection proceedings and (2) youth criminal justice issues. Although all social and economic classes are affected by the issues raised in this course, many of the issues studied in this course tend to disproportionately affect those who are socially or economically disadvantaged in society, and, for example, the particular impact of these matters on aboriginal people will arise. This course may be of particular relevance to students with an interest in Family Law or Criminal Law, although some students take this course out of general interest. Many of the topics discussed are matters of considerable public controversy.
Grading will be based on an evaluation of the casework completed by the student throughout the year and the completion of course-related assignments including reflective journals based on six (6) attendances at Family Court and participation in a public legal education (PLE) presentation.
The course will run from September until April and takes place at the downtown offices of the Queen¿s Law Clinics (QLC), 5th Floor, LaSalle Mews, 303 Bagot Street, Kingston. Student caseworkers will meet as a class for three hours each week and will attend at the QLC regularly and as required to meet with clinic lawyers and complete casework. Student will also be required to attend at other locations in the course of their work including the Kingston Family Court at 469 Montreal Street, Kingston.
RECOMMENDED: Law 320 Evidence and Law 225 Civil Procedure
Queen¿s Law policy limits students to only one of the following clinical courses: QBLC LAW 438, QELC LAW 695, QFLC LAW 527, QPLC LAW418, QLA LAW 590. Students enrolled in one of those five clinical courses are not eligible for enrolment in another.
This course examines the international legal and policy features which govern efforts to manage global climate change, and explores what governance reforms could or should be made. Such an enquiry introduces important ethical, political and scientific issues, which require that the course subject matter be approached through a critical, interdisciplinary lens.
The course comprises six principal topics, and begins with the science and geopolitical context of climate change, as well as introducing the foundational elements of international environmental law that underpin much of the field of climate law. We then delve into the development of the principal intergovernmental agreements, beginning with the Framework Convention on Climate Change and concluding with the Glasgow agreement of 2021. Specialist topics are then examined, including the role of market mechanisms and finance as tools for mobilising climate action, and the role of environmental activists and climate litigation to spur changes to law and policy. The readings in the course draw on a mix of scholarly research and recent media literature.
Course Learning Outcomes:
- NA
This course is intended to provide you with an introduction to the law of employment in Canada. We will explore the following issues and themes: what is employment; who are considered to be employees and employers and who aren't; how employment relationships are formed and what are the rights and duties of the parties; how do statutes influence the employment relationship; how are employment relationships terminated and what are the rights and remedies available to employees when they end? You will be introduced to some of the emerging issues and themes around the changing nature of work. We will briefly look at how that impacts our understanding of the role of employment laws and how Canada's legal regimes are evolving.
Cross listed with LAW-880.
The students obtain first-hand litigation experience before various decision-makers, helping them develop skill and confidence as legal professionals. Under the supervision of experienced lawyers, students will interview clients and potential witnesses, research legal issues, draft legal memoranda, provide draft legal opinions, prepare pleadings or applications, negotiate settlements and conduct or assist in trials before criminal and civil courts, as well as hearings before administrative tribunals including the Landlord and Tenant Board, the Social Benefits Tribunal and the Human Rights Tribunal of Ontario. Students will also be actively involved in the operation of QLA, learning and developing skills in practice administration and management, advocacy, client development, Law Society regulation, the use of retainer agreements and the use of time and case management software.
The course will run from September until April (i.e. two terms) and takes place at the downtown offices of the Queen's Law Clinics (¿QLC¿), 5th Floor, LaSalle Mews, 303 Bagot Street, Kingston. Student caseworkers will meet as a class for up to three hours each week on a date and time to be set. In addition, students will attend at QLC on a weekly basis and as required to meet with Review Counsel and clients, to attend weekly group meetings, to fulfill clinic duties and complete casework. Students will also be required to attend at other locations to complete their work including court and tribunal locations in Kingston and Napanee. QLA has a vehicle for transportation; a driver's licence is an asset but is not required.
The course is graded on a letter grade basis, based on an evaluation of the casework completed by the student throughout the year, involvement in the effective and efficient operation of QLA, and participation in course-related activities.
A maximum of 24 students will be admitted to this course. Student caseworkers will be selected by the Clinic Director based on a written application process that occurs in February.
This course fulfills either the Advocacy requirement, OR the Practice Skills Requirement.
RECOMMENDED: Law 320 Evidence and Law 225 Civil Procedure
Queen's Law policy limits students to only one of the following clinical courses: QBLC LAW 438, QELC LAW 695, QFLC LAW 527, QPLC LAW418, QLA LAW 590. Students enrolled in one of those five clinical courses are not eligible for enrolment in another.
Students will be expected to assume carriage of up to two QLA client files at any one time. The files to which course participants will be assigned will be drawn from some of QLA¿s most complex cases which are expected to proceed to a hearing or trial during the academic year. Students selected to participate in this course will have demonstrated an ability to work independently and good judgment in seeking Review Counsel¿s periodic guidance, as required.
The course will run from September until April (i.e. two terms) and takes place at the downtown offices of the Queen's Law Clinics (¿QLC¿), 5th Floor, LaSalle Mews, 303 Bagot Street, Kingston. Course participants will also be provided access to QLA¿s remote desktop, and may be able to complete much of their file work remotely. While there is no in-class component to this course, course participants will be assigned to a QLA group, and will be expected to attend bi-weekly group meetings, at which they will act as an experienced resource person for QLA 1L Volunteers and students enrolled in the Clinical Litigation Practice Course.
The course is graded on a PASS/FAIL basis, based on an evaluation of the casework completed by the student throughout the year, involvement in the effective and efficient operation of QLA, and participation in course-related activities.
A maximum of 10 students will be admitted to this course. Student caseworkers will be selected by the Clinic Director based on an expression of interest from the student.
PREREQUISITE: Either LAW 590 A/B: Queen¿s Legal Aid ¿ Clinical Litigation Practice OR LAW 593 A/B: Queen¿s Legal Aid ¿ Student Leadership.
The course is graded on a PASS/FAIL basis, based on an evaluation of the participant¿s involvement in the effective and efficient operation of the QLC and participation in course-related activities.
This opportunity is open to 2nd and 3rd year students who were either or both of enrolled in one of the QBLC, QELC or QFLC courses during the preceding year or employed for the summer at one of one of the QBLC, QELC or QFLC. Students seeking enrollment in Law 593 A/B apply for enrollment by sending a letter of interest to the Director of the clinic to which they are applying. Only students selected by the Director will be registered in LAW 593 A/B. This course fulfills the Practice Skills Requirement.
Approximately seventy students work on client files during the academic year. Up to ten students are hired to take responsibility for the files from May through August. In the academic year following their summer employment, these students take on mentoring and administrative responsibilities and are eligible for academic credit as student leaders of QLA.
The course will run from September until April (i.e. two terms) and takes place at the downtown offices of the Queen's Law Clinics (QLC), 5th Floor, LaSalle Mews, 303 Bagot Street, Kingston. Course participants act as Group Leaders and mentors for a group of up to nine students who are either enrolled in LAW 590 A/B or are volunteers at QLA. While there is no in-class component to this course, course participants are responsible for conducting weekly meetings and training sessions with their group in the fall term, and bi-weekly group meetings in the winter term. Course participants are responsible for monitoring the progress of their group members files, liaising with Review Counsel, and for completing evaluations and file audits for their group.
In addition, course participants are required to maintain carriage of a small number of legal files that carry over from their summer employment. This typically involves files that have hearing dates scheduled in September or October, or files of a more complicated nature from within QLAs area of legal practice.
The course is graded on a PASS/FAIL basis, based on an evaluation of the casework completed by the student throughout the year, involvement in the effective and efficient operation of QLA, and participation in course-related activities including the leadership provided to group members.
Students are eligible for enrollment only if they are hired as Summer Caseworkers in the summer immediately preceding the academic year in which they enroll in LAW 594A/B, and must enroll in LAW 594A/B as a condition of their summer employment.
This course fulfills either the Advocacy requirement, OR the Practice Skills Requirement.
PREREQUISITE LAW -440 Business Associations
Workplace conditions can produce hazards for workers and substantial liability for their employers. In Canada, these issues are addressed in two primary ways: (1) occupational health and safety regulations, and (2) workers' compensation. The overwhelming personal risk is felt by workers; the overwhelming financial and regulatory burden, is felt by employers.
Law 681 examines the historical methods for protecting workers and for insuring those are injured due to work. It explains the legal and financial systems designed to achieve those goals, and questions the adequacy of established methods, in a rapidly transforming economy.
The seminar course will be conducted primarily in a lecture format, but students will be expected to participate actively in the class, including participation in in-class discussions, drafting and practical skills-based exercises such as arguing a motion typical to a class proceeding. Content will be delivered by the instructor and supplemented from time to time by other practitioners.
This course provides 2nd and 3rd year students with the opportunity to work at the Queen's Elder Law Clinic (QELC), which is a specialized clinic that provides legal advice, services, assistance and information to low-income seniors in the Kingston and surrounding area.
Through involvement in the QELC, students will have opportunities to develop skills in interviewing clients, managing client files, preparing and advising on simple wills, powers of attorney for personal care, powers of attorney for property, responding to general estate inquiries, and preparing applications for Certificates of Appointment of Estate Trustee (With and Without a Will).
Students will also assist elderly and vulnerable clients with a variety of age-related legal issues such as capacity, substitute decision making, understanding rights under current legislation, how to effectively communicate with third parties on legal issues, and identifying and addressing misuse or abuse of authority on the part of grantees. Students will also carry out legal analysis, manage effective relationships with clients, and become familiar with best practices for assisting elderly, disabled, or vulnerable clients. Lastly, students will also research legal issues related to aging and substitute decision making, and then present seminars and written material on topics to both the course, and to interested community groups (public legal education).
Instruction is provided through lectures and class discussion, as well as through individual student casework supervised by the Director and/or Review Counsel.
Students will also be actively involved in the operation of the Clinic, learning and developing skills in practice administration and management, client development, Law Society regulations, the use of retainer agreements and the use of time and case management software.
The course will run from September until April (two terms) and take place at the downtown offices of the Queen's Law Clinics (QLC), 5th Floor, LaSalle Mews, 303 Bagot Street, Kingston. Student caseworkers will meet as a class for three hours each week on a date and time to be set and, in addition, will attend at the QLC regularly and as required to meet with the clinic Director and/or Review Counsel, and to complete casework. Students will normally be required to attend at other locations in the course of their work including Kingston General Hospital, Providence Care Hospital, local penitentiaries, local retirement homes or long term care facilities, and community legal aid clinics outside of Kingston.
Grading will be based on an evaluation of the casework completed by the student throughout the year, participation in class discussions, professionalism, and the completion of course-related assignments such as presentations and public legal education.
A maximum of 16 students will be admitted to this course. Student caseworkers will be selected by the Clinic Director based on a written application process.
Queen¿s Law policy limits students to only one of the following clinical courses: QBLC LAW 438, QELC LAW 695, QFLC LAW 527, QPLC LAW418, QLA LAW 590. Students enrolled in one of those five clinical courses are not eligible for enrolment in another.
The course will examine the doctrines of procedural fairness (how administrative decisions are made, the entitlement of individuals to participate in decision-making that affects them, and impartiality and independence of decision-makers), and substantive review (the degree to which courts will review the merits or outcomes of administrative decisions). The appropriate relationship between courts and administrative tribunals and officers is an overarching concern. Students will develop an understanding of the executive and administrative processes of government and will appreciate some of the structural challenges and tensions inherent in designing a system of public decision-making predicated on the goals of both efficiency and justice.
The course also includes a unit on the duty to consult and accommodate Aboriginal Peoples within administrative law. The material for this unit will be presented with reference to the historical context of cultural genocide, the legacy of residential schools and the Truth and Reconciliation Commission of Canada¿s calls to action. In thinking about administrative decision-making throughout the course, we will be attentive to questions about power. Whose power (individually and collectively) is enhanced or minimized through administrative law doctrines and processes; and what are the implications for law reform?
Cross listed with LAW 427