Course Outline

Advanced level seminar for development of an interdisciplinary critical approach to law and its place in Canadian Society. Although the emphasis most years is on tort law, this year, the course will focus primarily on family law (first term) and environmental law (second term). The course will examine the ability of these specific fields of law to satisfy the needs of Canadian society.

This is the senior course in the Law and Society Programme. Students will be asked to bring into focus all they have learned about law in the context of liberal arts to examining particular fields of law. Course prerequisites include: Historical Studies 369; Law and Society: Sexual Equality and the Law 335; and Political Science 343.

The course is designed so that — at the end of the term — students will be able to:

Identify and locate both primary and secondary sources of family law;

Understand the nature of the family law system, as it pertains specifically to issues arising upon separation or divorce (custody, access, spousal and child support, division of matrimonial property);

Apply legal reasoning to specific case examples;

Understand the roles of lawyers, judges, parties, witnesses and other people who are involved in the family law system;

Relate issues in Canadian family law to concerns at a societal level;

Critique the strengths and weaknesses of the ability of the family law system to meet the needs of Canadian families and society;

Offer suggestions for family law reform in order to improve upon the current system.

This course is not intended to be the equivalent of a law school course. Students who pass this course are not equipped to offer legal advice. In fact, anyone other than a licensed lawyer who provides legal advice may be liable for unauthorized practice of law.

I have a background in law, social work and family mediation. Given this background, I believe that the legal system can offer support for the rights and freedoms of all individuals in society. However, the law can also have negative impacts on the rights and freedoms of particular individuals and groups. In order fully appreciate the strengths and problems of the family law system, I suggest that students begin by trying to understand the laws and legal arguments from conventional legal perspectives (through readings, discussions, observing lawyers and role playing). This will provide a basis from which to critique the legal system and apply alternative social analyses. I welcome diverse viewpoints in class discussions and written analyses.

The following readings are available for purchase at the bookstore:

Other course readings will be distributed in class, or made available on the Internet.

(Statutory Holidays: Oct 13 is Thanksgiving, Nov 11 is Remembrance Day)

STUDENT FEEDBACK: For each class, each student is responsible for answering the following two questions: (to be submitted to Allan at close of the class)

1. What is the major point you learned today?

2. What is the unanswered question you leave with today?

The following components constitute the formal assessment of the degree to which the learner has achieved the learning objectives of this course:

Mid-term Test (October 22, 1997) -- 30%

Class Participation 20%

Final take-home test (Due Dec. 10, 1997) 50%

100%

Optional Assignment:
Students who wish to do an additional assignment in order to reduce the weight of any of the three required components by up to 50% may do an "Optional Paper" on a topic related to family law and society. Students wishing to do this optional paper must submit a written outline to Allan by October 1st. The outline should include the purpose of the paper, tentative topic headings, and at least 4 references related to the paper’s theme. Also, indicate which of the required components that this optional assignment will offset, and by how much (e.g., towards the final take-home, so that the take-home and optional assignment are each worth 25%). Finally, indicate the date upon which you will hand in the optional assignment (the last possible date for Optional Assignments is November 26, the second last class). Please feel free to discuss possible topics and formats with Allan.

This is a 2 1/2 hour open-book test, based on your readings and material covered during classes up to the date of the test. You may bring notes, books, or any other reference sources to class, except for a friend. You will not be expected to have memorized any case law or statutes, but rather have an understanding of the basic framework of family law and how it can be applied in particular cases. You will be presented with a case and with part of a statute. You will be asked to identify certain aspects of these materials (e.g., the key principle from a case; how the case was distinguished from other cases; obiter dictum,

Students may demonstrate constructive participation in a variety of ways:

Physical attendance at classes;

Verbal involvement in class and group discussions;

Active participation in role plays or other group exercises;

Initiating discussion or bringing in information from assigned readings, other readings and/or experiences;

One-to-one dialogue with the instructor, outside of class;

Weekly feedback sheets;

Timely submission of assignments.

When considering the quantity and quality of participation, the following issues should be considered:

An appropriate level of participation from each student is related to the number of students in the class, the format of the class (e.g., lecture versus workshop), and the desirability of conciseness;

Respect for the rights of others in the class, including privacy and safety;

Good questions can include admitting one’s ignorance about a subject (if one person is feeling self-conscious about asking a question that may be seen as "stupid", there are probably several others in the class who want to know the same thing);

Students do not need to agree with statements made by the instructor. Students are encouraged to think for themselves, ask challenging questions (in a respectful manner), and arrive at their own understandings;

Questions/comments which are not relevant to the class or which are stated clearly in the materials can detract from the class and take up valuable time (My least favorite questions are "Is that single-spaced or double-spaced?" and "When is the assignment due?", when the answers are already set out in the materials).

If a student is away due to illness or other reason, it is that student’s responsibility to get notes, handout material, etc. from another student. The student may also suggest ways that they can make up for time lost (e.g., if you miss five classes, but you want to propose an extra assignment in lieu of participation).

If you have concerns about the class, or recommendations for it, please make these suggestions early so that they can be addressed/incorporated as early as possible.

Enthusiasm and humour can also contribute to the class.

On November 19th, we will conduct a mock trial in class. On November 26th, we will conduct a mock appeals case. Both will be based on family law issues, with specific topics to be decided after consultation with the class. Each person will take on at least one role in either the trial or appeals case (e.g., lawyer, judge, witness). In order to prepare for these exercises, half of the class time on November 5th and 12th will be devoted to preparation. On November 5th, each person will present a five-minute brief to the class on what that person’s role entails, based on their own readings.

The final take home will be based on these exercises. Each student can choose whether to answer questions about the trial or about the appeals case. Answers should be typed, double-spaced and in a recognized format (e.g., APA). The questions will ask you to reflect on particular aspects of the cases, how they fit into the larger family law system, implications for society, and recommendations for law reform. The grade for the final take-home will not be based upon anyone’s performance in the role plays, but rather on their written take-home answers. This take-home may be submitted by students individually or by groups of up to four students. The same grading standards will apply regardless of whether a paper is submitted by an individual or a group.

Grade Percentage

Grade Point Value Range Description

A 4.0 92-100% Excellent - superior performance, showing comprehensive understanding of subject matter.

A- 3.7 86-91%

B+ 3.3 81-85%

B 3.0 77-80% Good - clearly above-average performance with knowledge of subject matter generally complete.

B- 2.7 71-76%

C+ 2.3 65-70%

C 2.0 62-64% Satisfactory - basic understanding of subject matter.

C- 1.7 59-61%

D+ 1.3 55-58%

D 1.0 50-54% Minimal pass - marginal performance.

F 0 0-49% Fail - unsatisfactory performance or failure to meet course requirements.