The following methods of instruction will be utilized:
- Lectures
- Class discussions
- Introduction and Overview
- Historical context for human rights and civil liberties
- Current context for human rights and civil liberties
- The role of judicial review
- The Canadian Charter of Rights and Freedoms
- Interpretation of the Canadian Charter of Rights and Freedoms
- Limits placed upon Charter rights
- Charter litigation and remedies
- Fundamental Freedoms, Life, liberty and security of the person, Legal Rights, Equality Rights
- Non-Charter Protection for Human Rights
- Provincial Human Rights Acts
- Federal Human Rights Act
- International Human Rights
At the conclusion of this course the successful student will be able to:
- Describe the historical context within which the Charter was developed.
- Illustrate other legal protections for human rights and civil liberties, aside from the Charter.
- Examine the applicability of the Federal Canadian Human Rights Act.
- Explain the applicability of Provincial Human Rights Codes.
- Illustrate the overall structure and purpose of the Charter.
- Compare and contrast the competing views on the legitimacy of judicial review under the Charter.
- Identify and describe the limitations on legislated human rights.
- Explain the basic structure and process of human rights litigation.
- Identify and describe the remedies available under human rights law.
- Explain Charter fundamental freedoms, equality rights, s.7 rights, democratic rights, mobility rights and legal rights with reference to leading case law
- Apply Human Rights Law to current social, political and economic issues in Canada.
- Interpret the protection of human rights at the international level
- Analyze the overlap and distinction between the Charter of Rights and Freedoms and International Human Rights Law
- Examine the complexity and competing claims for the protection and limition of human rights, civil liberties, and collective interests.
Evaluation will be based upon the course objectives and will be carried out in accordance with Douglas College policies. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the course. Evaluation will be based upon the following:
- Exams
- Research paper or other written assignment
- Class attendance and participation
An example of one possible evaluation scheme would be:
| Class attendance and participation: | 10% |
| Midterm exam: | 30% |
| Research paper: | 30% |
| Final exam: | 30% |
| Total | 100% |
Textbooks will be updated periodically. Typical examples include:
- Sharpe, R. & Roach, K. (2017) The Charter of Rights and Freedoms. (6th Ed). Toronto: Irwin Law.
Other:
The text will be supplemented by more recent case law and legislation as required. Web-links to this case law and legislation can be provided to students so they can be accessed at no cost and without any copyright violation by the college.
Courses listed here must be completed either prior to or simultaneously with this course:
- No corequisite courses
Courses listed here are equivalent to this course and cannot be taken for further credit:
- No equivalency courses