Course Offerings 2016-2017 Updated May 25, 2016

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McGill University – Faculty of Law Page 1 Course Offerings 2016-2017 Updated May 25, 2016

COURSE OFFERINGS 2016-2017 (Subject to Change)

TABLE OF CONTENTS

Key Dates 2

Academic Advising & Student Support 2

Curriculum Renewal 3

First Year Undergraduate Mandatory Courses 5

Second Year Mandatory Courses 10

Other Mandatory Courses 14

Complementary & Elective Courses 18

Student-Initiated Seminars 49

Graduate Courses 51

Writing Courses 54

Group Assistants & Tutorial Leaders 65

Legal Clinic 67

Law Journals 69

Moot Competitions 71

Court and Administrative Tribunal Clerkships 72

Human Rights Internship 74

Honours Courses 75

Major Internships 76

Course List and Important Notes 77

Satisfactory/Unsatisfactory Option 79

McGill University – Faculty of Law Page 2 Course Offerings 2016-2017 Updated May 25, 2016 Key Dates 2016 - 2017:

Fall term begins: Friday, September 2, 2016* Labour Day: Monday, September 5, 2016 Thanksgiving: Monday, October 10, 2016 Classes end December 5, 2016 Examination Period: Wednesday, December 7 – Tuesday, December 20, 2016 inclusive McGill closed Fri. Dec. 23 - Mon. Jan 2 inclusive) Christmas Day: Sunday, December 25, 2016 New Year’s Day: Sunday, January 1, 2017 *In the Fall 2016 term, Friday September 2nd will follow a Monday schedule (to make up for the loss of Monday classes on Labour Day).

Winter term begins: Wednesday, January 4, 2017 Study Break: February 27 – March 3, 2017 inclusive Classes end Tuesday April 11, 2017 Examination Period: Thursday, April 13 – Friday, April 28, 2017 inclusive Good Friday: Friday, April 14, 2017 Easter Monday: Monday, April 17, 2017

Specific Deadlines for the Faculty of Law are available on the SAO web site: http://www.mcgill.ca/law-studies/courses-registration-exams/deadlines

McGill Universal Deadlines can be found under Important Dates: www.mcgill.ca/importantdates

Academic Advising & Support

Students are encouraged to seek academic advice and support from the SAO throughout their academic career. Please contact the [email protected] to make an appointment to meet with an Academic Advisor.

L’Université McGill offre tout un éventail de services pour favoriser un milieu accueillant. Parmi ces services, vous trouverez du counseling, de l’aide en santé mentale, des programmes de bourses d’études et d’aide financière aux étudiants, la Maison des premières nations, de même que les installations liées au sport et à l’exercice physique. Veuillez visiter www.mcgill.ca/studentservices pour plus de détails.

McGill University – Faculty of Law Page 3 Course Offerings 2016-2017 Updated May 25, 2016 Curricular Renewal 2016-2017

The Faculty will introduce program changes affecting the first year of the B.C.L./LL.B. Program in the 2016-17 academic year. Changes affecting the upper years will follow in the 2017-18 academic year.

The revised program aims to achieve three broad objectives. First, it aims to create opportunities for law students to cross doctrinal, disciplinary and systemic boundaries. Second, it aims to ensure that our students are given firm foundations in the Civil and Common Law traditions, through the vehicle of the Common and Civil Law Immersion courses, which are comprised exclusively of courses taught from those traditions. Third, it aims to provide students and professors with opportunities to experiment with novel and intensive modes of teaching and learning, through the vehicle of the integration and focus weeks.

Transsystemic Courses

The Faculty is expanding the range of courses taught in a transsystemic or integrated manner. The courses Civil Law Property (5 credits, taught in first year) and Common Law Property (4 credits, taught in second year) are replaced by the course Property (6 credits, taught in second year). In this new course, students will study, in an integrated fashion, the foundations, principles and mechanisms of property law, from the perspective of common law, civil law and indigenous traditions.

Integration and Focus Weeks

The revised program alters the semester timetable in order to provide space for innovative teaching and learning opportunities. The Faculty is introducing one-week intensive teaching periods, called Integration Week in first year and Focus Weeks in upper years, within each Fall and Winter term. During these weeks, first and second year students will work in plenary and in small groups to tackle subject material ranging from legal methodology to legal ethics, and upper year students will have the opportunity to develop skills ranging from empirical research to policy analysis, under the guidance of faculty members and external partners.

In order to create space for an Integration/Focus Week in each of the Fall and Winter semesters, courses will now be taught on a 12 week calendar, in addition to the exam period. As a consequence, the teaching term will remain at 13 weeks.

Integration Worshop

A mandatory first year course, the Integration Workshop will provide students with an introduction to law and legal studies that complements the other first-year courses, using transversal and integrative approaches. Taught in part during the fall and winter Integration Weeks as well as in a series of small group meetings with professors throughout the first year, it will allow students to examine legal problems from a variety of perspectives, and therefore to appreciate that real-world problems do not fit neatly into the categories of legal doctrine.

New Criminal Justice Course McGill University – Faculty of Law Page 4 Course Offerings 2016-2017 Updated May 25, 2016 This new mandatory first year course, which is meant to integrate the teaching of criminal law and criminal procedure, will provide students with the opportunity to examine responses to morally objectionable behavior from the perspectives of the law of the state and other, non-state or transnational communities, with a focus on Canadian criminal justice.

Capstone Project

All students will have an opportunity to undertake a Capstone Project in the last two terms of their program. The Capstone Project is meant to provide an opportunity for reflection on a student’s trajectory as a jurist and may be undertaken using various modes of communication including, but not limited to, academic writing. Students completing Capstone Projects will present their work to the wider law school community.

McGill University – Faculty of Law Page 5 Course Offerings 2016-2017 Updated May 25, 2016 FIRST YEAR UNDERGRADUATE MANDATORY COURSES

CONSTITUTIONAL LAW / DROIT CONSTITUTIONNEL PUB2 101 D1, PUB2 101 D 6 CREDITS, FALL & WINTER TERMS

Section 001: Me Alexander Pless

Description: This course provides an introduction to the fundamental principles and institutions of the Canadian constitutional system. Aspects to be studied include: sources of Canadian constitutional law, federalism, the rule of law, the division of legislative powers, and the role of the judiciary in Canadian democracy. The first semester will focus primarily on questions of federalism and the division of powers. The second semester will focus primarily on the Charter of Rights and Freedoms and Aboriginal Rights.

Method of Evaluation: First semester examination: 40% (assist only); Final examination: 60%.

Section 002: Professor Mark Walters

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.

Method of Evaluation: First semester examination: 25% (assist only); Optional written assignment: 25%; Final examination: 50%.

Section 003: Johanne Poirier (Fall) – Français

Description: Un traitement de l’histoire, de la théorie, de la pratique du droit constitutionnel canadien, en partie à la lumière du droit comparé. Examen des principes généraux (État de droit, constitutionnalisme, démocratie); de la séparation des pouvoirs (pouvoirs législatif, exécutif et judiciaire); du fédéralisme; du droit public relatif aux peuples autochtones; et de la protection des droits fondamentaux, y compris des droits linguistiques.

Method of Evaluation : Combinaison d’examens et de travaux (individuels et en équipe)

McGill University – Faculty of Law Page 6 Course Offerings 2016-2017 Updated May 25, 2016 CONTRACTUAL OBLIGATIONS / OBLIGATIONS CONTRACTUELLES LAWG 100 D1, LAWG 100 D2 6 CREDITS , FALL & WINTER TERMS

Section 001: Professor Rosalie Jukier – English Fall, Winter, 6 credits

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.

Format: Lecture Method of Evaluation: sit-down, mid-term exam in December (25%), sit-down final exam in April (75%)

Section 002: Professor Helge Dedek – English

Description: 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.

Method of Evaluation: Midterm exam in December, final take-home exam in April; Optional assignment.

Section 003: Professor Fabien Gélinas - 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.

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%).

McGill University – Faculty of Law Page 7 Course Offerings 2016-2017 Updated May 25, 2016 CRIMINAL JUSTICE LAWG 102 D1,LAWG 102 D2 6 CREDITS

Section: 003: Professor Marie Manikis - French Fall, Winter – 3 credits

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. Il examinera les principaux facteurs déterminants du crime, explorera les principes justificatifs de la pénalisation de certaines conduites, et présentera la pénalisation comme un parmi plusieurs modèles possibles en réponse aux différents types de conflits, comportements et phénomènes. De plus, ce cours introduira les principales notions de fond, de procédures, de preuve et de peine en droit pénal, en accordant une attention particulière aux sources formelles et informelles du droit, y compris l’exercice légitime du pouvoir discrétionnaire de la police, des procureurs, et des juges, ainsi que le rôle joué par les multiples participants du système de justice pénale. Ultimement, ce cours analysera l’impact social de la justice pénale, en portant une attention particulière à l’influence de la race, de la classe économique, du genre, de l’indigénéité, de l’origine ethnique, et du pouvoir dans le cadre de l’exercice et l’administration de la justice pénale. Les thèmes traités peuvent inclure : les théories relatives aux sanctions pénales; les théories criminologiques du crime; les principes fondamentaux du droit pénal, y compris les éléments essentiels d’infractions et sur les composantes des moyens de défense; les conceptions autochtones de la justice sociale; les principes de justice réparatrices; les tribunaux axés sur la résolution collective de problèmes; la surveillance et l’exercice du pouvoir policier; la notion du « droit à un procès juste et équitable »; la pénologie; les droits des victimes; le rôle de la communauté; la réforme pénale; l’impact des cadres juridiques des droits, notamment de la Charte canadienne des droits et libertés; l’analyse des approches comparatives et interdisciplinaires; le pluralisme dans son application au droit pénal; et l’internationalisation du droit pénal.

Mode d’évaluation : à déterminer

EXTRA-CONTRACTUAL OBLIGATIONS/TORTS OBLIGATIONS EXTRA- CONTRACTUELLES /DÉLITS LAWG 101 D1, LAWG 101 D2 5 CREDITS, FALL & WINTER TERMS

Section 001: Professor Stephen Smith – English

Description: Integrated study of basic concepts of extracontractual obligations in the Civil and Common law. Fault and other bases for liability; protected interests; causation; reasons for exoneration; apportionment of liability; intersection of human rights and civil wrongs.

Method of Evaluation: Mid-term examination in December; final examination; in-term assignment. McGill University – Faculty of Law Page 8 Course Offerings 2016-2017 Updated May 25, 2016

Section 002: Professor Shauna Van Praagh – English

Method of Evaluation: Mid-term examination in December; final examination; in-term assignment.

Section 003: Professor Genevieve Saumier – French

Description: Enseignement intégré des principes de base de la responsabilité civile dans les traditions de Droit civil et de Common law. La faute et autres fondements de responsabilité civile : les intérêts protégés, la causalité, les moyens de défense ou d’exonération, le partage de la responsabilité, l’intersection entre les droits de la personne et la responsabilité civile.

Method of Evaluation: Examen de mi-session, travail de session, examen final.

FOUNDATIONS OF CANADIAN LAW / FONDEMENTS DU DROIT CANADIEN PUB3 116 D1, PUB3 116 D2 4 credits, FALL & WINTER TERMS

Section 001: Professor Victor Muniz Fraticelli – English

Description: The course aims to expose students to historical, philosophical, and social-scientific approaches to the phenomenon of law, emphasizing the themes of tradition, obligation, and pluralism. Over the two terms, the course will provide an introduction to the methods of comparative law and a survey of major legal traditions from a historical and comparative perspective, and will examine some of the major problems of the theory of law from philosophical, political, and sociological standpoints.

Method of Evaluation: Multiple assessments

Section 002: Professor Mark Antaki – 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.

McGill University – Faculty of Law Page 9 Course Offerings 2016-2017 Updated May 25, 2016 Method of Evaluation: Multiple assessments.

Section 003 : Professor René Provost – Français

Description: Introduction au concept de normativité juridique, son esprit, son histoire, ses aspirations, ses limites. Étude de la notion de tradition juridique, en prenant pour exemples les traditions de droit civil, de common law, de droit autochtone, de droit talmudique et de droit islamique. Exploration de plusieurs approches critiques du droit, dont, les Critical Legal Studies, la Critical Race Theory, l'approche sociologique, l'approche anthropologique, les études postcoloniales, l'analyse économique du droit, etc. Éléments de réflexion sur la nature et la fonction de la formation en droit, y compris l'approche transsystémique.

Method of Evaluation: Test de comprehension; Examen maison; Essai final; Participation.

Section 004: Professor Daniel Weinstock – English

Description: The course will examine the concept of law, and the institutions and practices associated with the concept, from a variety of disciplinary vantage points. Law will be interrogated as a cultural, ethical, philosophical, political, sociological (and so on) set of phenomena. Accordingly, a wide range of different kinds of texts will be explored in order to illuminate law from as many different perspectives as possible.

Method of Evaluation: Students will write a number of short, essay-style questions throughout theterm, and will produce a longer, synthetic work at the end of term.

McGill University – Faculty of Law Page 10 Course Offerings 2016-2017 Updated May 25, 2016 SECOND YEAR MANDATORY COURSES ADVANCED CIVIL LAW OBLIGATIONS 3 CREDITS, PROC 200

Section 001: Professor Kun Fan (001) – English Terms: Fall and Winter

Description: The first objective of this course is to allow students to have a deeper understanding of the civil law tradition and its methodology, through a concrete examination of the key elements of the law of obligations in the commercial settings. The course explores the main rules and principles regulating problems and interpretation of legally enforceable agreements, such as the formation of the contract, express and implied terms of the contract, breach, remedies and vitiating factors. The key for the course is to address essential features of the culture of the civil law, such as the place of written norms, codification, connection to romano-germanic sources, axiomatic formalism, etc. Throughout the course students will be expected to discuss the part played by contracts in facilitating economic and social co- ordination in a free community with particular reference to Québec’s context.

We will adopt an approach that places the study of legal obligations in the context of cultures, values, institutions and practices of different civil law traditions, so that students gain a broader understanding of characteristics of the civil law tradition. The course is explicitly organized through problem-based learning, relying on the personal responsibility of students for their learning. It requires a willingness to work in teams, a commitment to rigorous attention to written sources, and a desire to master the basic material in unconventional ways.

Method of Evaluation: A final in-class examination, a team project, and a participation component.

Section 003: Professor Vincent Forray (003) – French Term: Winter

Description: Le cours poursuit un double objectif. 1) Acquisition de connaissances approfondies en droit civil des obligations. 2) Développement d’une culture du droit civil en tant que tradition juridique. 1) Les questions étudiées sont choisies dans une matière qui s’étend depuis les sources de l’obligation (contrat, délit, quasi-contrat) jusqu’au régime des obligations. S’agissant de celui-ci, seront traitées les variétés, modalités et finalités des obligations ainsi que leurs modes de transmission et de circulation. 2) La culture civiliste pourra s’acquérir à la croisée de questions très diverses qui revendiquent toutes de se rapporter au droit civil : codification, légicentrisme, application de la règle par le juge, centralité du concept d’obligation… Du point de vue méthodologique, le cours cheminera de technique en critique, soutenu par la préoccupation constante d’interroger ce que font les juristes.

Method of Evaluation: TBA

McGill University – Faculty of Law Page 11 Course Offerings 2016-2017 Updated May 25, 2016

ADVANCED COMMON LAW OBLIGATIONS 3 CREDITS, PRV3 200

Section 001: Professor Andrea Bjorklund – English Term: Fall

Description: Advanced Common Law Obligations develops knowledge, appreciation, comprehension, and skills related to the study of private law obligations in the common law tradition. The course explores both the nature of common law reasoning and selected issues and problems in the substantive law of obligations. Proximity serves as an overarching theme for examining the contours and reach of tort, contract and fiduciary obligations in specific contexts. We will also examine the interaction of common law and statutory law and common law and “soft law” in a few specific contexts, such as the development of jurisprudence under the U.S. Alien Tort Statute and the development of U.S. Uniform Commercial Code in common law courts.

Method of Evaluation: (1) Two in-class writing assignments, based on the course materials and class discussions, together worth 1/2 of the final grade. (2) a take-home exam worth 1/2 of the final grade.

Section 002: Professor Shauna Van Praagh – English Term: Fall

Method of Evaluation: 75% final assignment (2500 words), 25% in-course short paper combined with group leadership (individual dates to be assigned)

Section 001: Professor Mark Antaki – English Term: Winter

Description: Advanced Common Law Obligations invites you to better appreciate and understand private law obligations in the common law tradition. We will explore the ways of speaking and reasoning of the common law as well as selected issues and problems in the substantive law of obligations.

Method of Evaluation: Final assignment and other in-term assessments

McGill University – Faculty of Law Page 12 Course Offerings 2016-2017 Updated May 25, 2016

COMMON LAW PROPERTY 4 CREDITS, PRV4 144

Section 001 Professor Lionel Smith (001) – English Term: Fall & Winter

Description: This course provides an introduction to property rights in the common law tradition. We will study the different conceptual frameworks that apply to property rights in land and property rights in other objects. We will examine the juristic concepts that allow multiple persons to have rights of property in the same thing, successively or simultaneously, and that allow a person hold to property rights for the exclusive benefit of another. We will also study the ways in which rights of property are acquired, transferred, and lost.

Format: Lectures, discussion and student presentations (individual and/or group). Method of Evaluation: Individual and/or group presentations; in-term assignment(s); final examination.

Section 002: Professor Richard Gold (001) – English Term: Winter

Description: The aim of this course is to introduce students to the basic principles of Canadian common law of property; and to provide a grounding for a number of advanced courses. As a basic course, it addresses a number of themes: classification of things as objects of property, the importance of “possession”, original and derivative acquisition of property interests, the role of “equity”, kinds of property interests, including sequential interests and concurrent interests, interests affecting the land of other persons, and so on. The emphasis will be on real property law, but the law of personal property will be considered as well. Although the course is structured around fairly broad themes, students will be expected to demonstrate that they can manipulate the detailed rules and doctrines of the law, in keeping with the traditional common law method, which emphasizes fact-sensitivity and careful attention to the similarities and differences between cases.

Method of Evaluation: Final examination and in-term group scenario building and negotiation assignment.

Section 002: Professor Tina (002) – English Term: Winter

Description: A survey of the basic principles of the common law of property: concepts of ownership, possession; the doctrine of estates including determinable and defeasible estates, leases; bailment; rights in the property of another including bailments, easements and licenses; property as a negative or positive right; aboriginal title; novel claims including misappropriation of personality and property in biological materials.

McGill University – Faculty of Law Page 13 Course Offerings 2016-2017 Updated May 25, 2016 Sequence: Second year required Seminar: The course will be taught in the University’s Active Learning Classroom. The teaching style will be a combination of lecture and group work (problem solving and discussion). Method of Evaluation: 60% final examination; 25% assignment; 15% quizzes

LEGAL ETHICS AND ADVOCACY

LEGAL ETHICS & PROFESSIONALISM, LAWG 210 001 (3C) (FALL TERM)

ADVOCACY, PRAC 200 001 (1C) (WINTER TERM)

Section 001: Professor Helena Lamed (001) – English & French Term: Fall & Winter

Description: First term focuses on concepts in legal ethics, regulation of the legal profession, professionalism, and discipline. The written assignments will continue to develop research skills and will focus on persuasive writing skills. In the second term, students write an appeal factum and plead. Teaching alternates between the Class of the Whole and tutorial groups.

Method of Evaluation: Short Quiz, and in-term assignments written and oral. Factums will be written and pleaded in the second term.

McGill University – Faculty of Law Page 14 Course Offerings 2016-2017 Updated May 25, 2016 OTHER MANDATORY COURSES

BUS2 365 Business Associations (002) Professor Paul B. Miller – English Fall, 4 credits

Description: This course offers an introduction, from a legal perspective, to the most important ways by which individuals have structured their commercial activities. It will consider how essential questions associated with collaborative business activity are dealt with by each mode of business structure. Attention is given to the basic legal features of agency and partnerships which historically constitute the fundamental legal business structures, and to the corporation, the predominant modern business form.

Format: Seminar Method of Evaluation: 25% midterm, and 75% open book final

BUS2 365 Droit des affaires (003) Professeur Sébastien Jodoin Pilon – Français Automne, 4 crédits

Description: Ce cours propose une introduction aux cadres et normes juridiques qui constituent et gouvernent tant les formes d’entreprises de l’économie traditionnelle (comme la société par actions, les fiducies et les partenariats) que celles au centre de la nouvelle économie socialement responsible (notamment les coopératives, les sociétés d’intérêt public et les entreprises d’économie sociale). Quels sont les principales caractéristiques juridiques de ces différents véhicules juridiques? Quels sont leurs avantages et désavantages d’un point de vue économique, social et environnemental? À quels enjeux juridiques particuliers donnent-ils lieu? Ce cours se veut une exploration interdisciplinaire et transystémique du droit des sociétés tout en donnant aux étudiants et étudiantes des outils pour s’orienter dans la création et la gouvernance d’une société juridique au Canada

Format: L’enseignement de ce cours combinera des cours magistraux interactifs, des discussions en petits groupes et l’apprentissage par résolution de problèmes. Méthodes d’évaluation: 20% exercices en classes; 20% présentation orale; et 60% exercice de rédaction juridique ou essai de 4,000 mots.

BUS2 365 Business Associations (002) Professor Richard Janda – English Winter, 4 credits

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 McGill University – Faculty of Law Page 15 Course Offerings 2016-2017 Updated May 25, 2016 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.

Format: Lecture with significant class discussion and group work Method of Evaluation: Group exercises (50%) Class blog contribution (25%) Exam Essay (25%)

PUB2 111 Criminal Law (001) Me Robert Israel – English Fall, 3 credits

Description: An introduction to Canadian Criminal Law as developed in the Criminal Code, the Canadian Charter of Rights and Freedoms and the common law.

This course will examine the fundamental principles of criminal liability, from the presumption of innocence to the central elements of a crime (actus reus and mens rea). Various means of defending against charges will also be explored. Our analysis will focus on several specific offences.

The roles of the prosecutor and the defence attorney will also be considered, as will the purpose of criminal law in Canadian society.

Format: Lecture Method of Evaluation: 33.3% in-term assignment and 66.6% Final Exam (24-Hour Take-Home)

PUB2 111 Criminal Law (001/005) Professor Payam Akhavan – English Winter, 3 credits

Description: This course is an introduction to general principles of substantive criminal law as interpreted and applied in Canada, and a broader reflection on the distinctive nature and purposes of criminal punishment. Although the focus will be the roots and evolution of Canada’s common law tradition, a comparative analysis of global developments in other legal traditions and international criminal law will be integral to understanding the broader context within which principles of criminal liability operate. This course addresses the distinct subjects of criminal procedure and evidence, and the principles of punishment and sentencing, only to the extent that they influence the scope and contours of substantive criminal law. Furthermore, the course will focus on the general principles of criminal liability – categorized as the “General Part” because they constitute the necessary overall link between perpetrators and particular crimes – and not on particular crimes or clusters of crimes against physical integrity of persons or against rights in property. Given the breadth and complexity of the General Part, particular crimes such as culpable homicide and sexual assault –categorized as belonging to the “Special Part” –will only be analyzed as illustrations of how general principles are applied to specific offences.

Format: Lecture Method of Evaluation: An open‐book exam, worth 70% of the final grade; 2. A concise 500‐word writing assignment on a selected topic worth 20% of the final grade; and 3. Active participation in class throughout the course, worth 10% of the final grade. Students will be called upon to discuss the assigned readings McGill University – Faculty of Law Page 16 Course Offerings 2016-2017 Updated May 25, 2016 and should prepare for classes accordingly. Familiarity with class discussions will also be necessary for parts of the final exam.

PUB2 111 Droit pénal (003) Professor Marie Manikis – French Fall, 3 credits

Description: Ce cours a pour objet d'analyser les différentes conceptions de ce qu’est un crime, de comprendre les sources, tant formelles qu’informelles du droit pénal, les principes généraux du droit pénal, ainsi que les acteurs principaux du système. Par ailleurs, il comporte l'analyse des notions traditionnelles de la responsabilité pénale, dont la conduite coupable et la faute, ainsi que les justifications et les excuses. L’évolution des principes de common law seront examinés suite à l’avènement de la Charte canadienne des droits et libertés, afin de déterminer l’impact de cette dernière. Finalement, l’impact du droit pénal sur certains groupes marginalisés permettra de comprendre le rôle du droit pénal en adoptant certaines perspectives critiques. Certaines dispositions du Code criminel, des décisions ainsi que des écrits en sciences sociales seront analysés à titre illustratif.

Format: Lecture Method of Evaluation: Intra facultatif de type «take-home» (30 %)

PROC 124 Judicial Institutions and Civil Procedure (001) Professor Rosalie Jukier – English Winter, 4 credits

Description: This course addresses the role of judicial institutions in the resolution of disputes in civil matters and includes an overview of the court structure in Canada, principles of the judicial system (independence, impartiality, open courts, accountability) as well as issues of access to justice. It also addresses civil procedure including pre-trial civil procedure in Canada; launching a civil action and pleadings; jurisdiction and standing; motions and interlocutory relief; pre-trial mediation and settlement; discovery, costs and class actions.

Format: Lecture Method of Evaluation: Final examination (sit-down, open book, 75%) and one mid-term assignment (25%).

PROC 124 Judicial Institutions and Civil Procedure (001) Professor Frederic Bachand – English Fall, 4 credits

Description: An overview of the court structure in Canada as well as principles of the judicial system (independence, impartiality, open courts, accountability) and more generally the civil justice system and McGill University – Faculty of Law Page 17 Course Offerings 2016-2017 Updated May 25, 2016 access to justice. Procedure: pre-trial civil procedure in Canada. Launching a civil action and pleadings; jurisdiction and standing; motions and interlocutory relief; pre-trial mediation and settlement; discovery, costs and class actions. Emphasis on Québec Code of Civil Procedure, Ontario Courts of Justice Act and Rules of Practice.

Format: Lecture Method of Evaluation: TBC

PROC 124 Droit Judiciaire (003) Professor Genevieve Saumier – French Winter, 4 credits

Description: Le droit judiciaire privé a essentiellement pour objet le rôle que jouent les tribunaux judiciaires dans la résolution de différends en matière civile. On peut diviser la matière en trois grands thèmes : a) le droit d’agir en justice (intérêt pour agir, capacité, renonciation au profit d’un tribunal arbitral ou d’un tribunal judiciaire étranger, limites dues à l’immunité de l’État étranger, etc.) et l’accès aux tribunaux judiciaires; b) l’organisation des tribunaux judiciaires (nomination, irresponsabilité, indépendance et impartialité des juges, compétence rationae materiae et rationae personae, etc.); c) le fonctionnement des tribunaux judiciaires, tant lorsqu’ils sont appelés à trancher eux-mêmes le fond du différend que lorsqu’ils sont appelés à intervenir afin de contrôler ou de prêter assistance à un autre mode de résolution de différends (négociation, médiation ou arbitrage, décision d’un tribunal administratif ou d’un tribunal judiciaire étranger, etc.). Ce cours transsystémique porte principalement, mais non exclusivement, sur le rôle que jouent et que devraient jouer les tribunaux judiciaires canadiens.

Format: Lecture Method of Evaluation: In-term evaluation and sit-down open book final exam.

McGill University – Faculty of Law Page 18 Course Offerings 2016-2017 Updated May 25, 2016 COMPLEMENTARY & ELECTIVE COURSES Please note that you must complete all program requirements in order to be granted the diplomas of B.C.L./LL.B. Consult the program requirements based on the year of admittance to the program. For courses that are part of the Complementary Requirements, the legend is as follows:

A = Complementary Principles of [Canadian] Administrative Law C = Complementary Civil Law course CC = Complementary Common Law course HR = Complementary Human Rights & Social Diversity course T= Complementary Transystemic course

CMPL 500 Aborginal Peoples and the Law *HR* Prof. Evan Fox-Decent - English Fall, 3 credits

Description: The course will examine critically the relationship between Indigenous peoples and Canadian law. Much of the seminar will focus on the leading cases from the Supreme Court of Canada that deal with Aboriginal peoples and issues related to them. These issues include: Aboriginal title, treaties, Aboriginal rights, the Crown's fiduciary duties to First Nations, Inuit rights, Métis rights, governance issues, the special vulnerability of Aboriginal women, the legacy of the residential school system and the Truth and Reconciliation Commission, and some comparative and international dimensions of Aboriginal rights. These issues will be discussed against the backdrop of a question that will animate discussion throughout the term: What is the legal and political basis of the Crown’s claim to sovereignty over Aboriginal peoples and the lands they occupied prior to contact with Europeans? Implicated in this inquiry is the further and equally important question of whether an Aboriginal right of self-determination has survived Crown assertions of sovereignty, and if so, what its content might be.

Method of Evaluation: TBC

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PROC 459 Civil Ligitation Me Sarah Woods/Me James A. Woods - bilingual Fall, 3 credits

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.

Format: Lecture Method of Evaluation: Class Participation: 40%; Final Trial Performance: 60% McGill University – Faculty of Law Page 19 Course Offerings 2016-2017 Updated May 25, 2016

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 25 years, Me Woods has taught the course on civil litigation at the McGill University Law Faculty. With 39 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.

Biography Sarah Woods: is a partner of Woods LLP and a member of the Quebec Bar and of the Law Society of Upper Canada. 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 and class actions. Mtre. S. Woods has also taught civil litigation as co-professor with Mtre. J. Woods at the McGill University Law Faculty for the past 11 years.

PRV2 270 Droit des personnes *C* Prof. Vincent Forray – French Winter, 3 credits

Description: Introduction au droit des personnes et aux principes fondamentaux qui le sous-tendent. Les thèmes du livre premier du Code civil du Québec que sont la jouissance et l’exercice des droits civils, les droits de la personnalité, l’état des personnes, la capacité des personnes et, les personnes morales seront examinés de manière critique et historique. Certaines notions maîtresses feront l’objet d’un examen plus poussé, notamment les notions de sujet de droit, de capacité juridique et d’autonomie.

Format: Lecture Method of Evaluation: TBA

BUS2 505 Corporate Finance (001) (009) Me Marc Barbeau Fall, 3 credits

Description: This course introduces students to the relationships between corporations 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 content materials will be made available providing required and discretionary readings.

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.

Method of Evaluation: The mode of evaluation for this course is: (i) a 75% take home final exam, to be available during the term’s final exam period and to be completed within six hours of having been McGill University – Faculty of Law Page 20 Course Offerings 2016-2017 Updated May 25, 2016 accessed by the student (3000 words limit in English); and (ii) a 25% mid-term take-home test, to be available during a one-week mid-term period to be determined and to be completed within six hours of having been accessed by the student (500 words limit in English). (Alternatively, instead of a mid-term test, a 25% mid-term assignment may be proposed by the lecturer which could be completed individually or in teams of up to four students on or before a date to be specified and with a word limit to be determined. If such a mid-term assignment is proposed, the submission formalities will be worked out with the SAO.) Each student (or team, if applicable) must work independently on the exam, test or assignment, as the case may be. Any student who is unsure what this means is strongly encouraged to consult the Faculty regulations.

CMPL 580 Environment and The Law (001) (009) *A* Professor Richard Janda – English Fall, 3 credits

Description: Our capacity to protect and preserve the environment using legal tools in the Anthropocene is proving to be a failure. We will explore the inadequacy of Canadian environmental law observing its constitutional fragmentation and only partial regulatory oversight. After reviewing the roles of the various actors in Canadian environmental law (federal, provincial, aboriginal, municipal, self-regulatory) and the different types of tools used (including command-and-control regulation; environmental assessment; incentives; and contractual mechanisms) we will conclude with an effort to reconceive environmental law in the face of the challenge of climate change.

Format: Class discussions Method of Evaluation: TBD but tentatively Group exercise (30%); Class blog (20%); mid-term exam (25%); final exam (25%)

PUB2 401 Judicial Review of Admininstrative Action (003) *A* Professor Evan Fox-Decent – English Winter, 3 credits

Description: Can a judge order the Prime Minister to seek clemency for a Canadian on death row in the U.S.? Can the CRTC suspend the license of a radio station because the shock-jock makes defamatory remarks? Does the Barreau need to give you a copy of your exam if you fail the Bar admission course? These are the problems of administrative law. The course examines the theory and practice of judicial review of administrative action. The theoretical questions are the central ones to our democratic system and the separation of powers in Canada. The practice touches almost every area of substantive law where government action is present. If constitutional law is concerned with the making of law, administrative law concerns its application.

You are encouraged to take Administrative Process prior to or concurrently with this course, since the focus of that offering is the internal law developed by administrative agencies, and it is judicial review of the law and its outcomes that comprises the subject matter of the present course. Note as well that you should take this course, Judicial Review, if you wish to participate in the Laskin Moot. Having taken this course will count in your favour during the selection of McGill’s Laskin team.

Prerequisites: Administrative Process (Recommended) Format: Lecture Method of Evaluation: oral presentation, group assignment, open-book exam McGill University – Faculty of Law Page 21 Course Offerings 2016-2017 Updated May 25, 2016

PUB2 400 The Administrative Process (001) (005) *A* Professor Richard Janda – English Fall, 3 credits

Description: Your first encounter with the law as law students might have given rise to the misleading impression that the law is comprised of a body of rules of general application administered by courts of general jurisdiction. Basic private law, criminal law, commercial law and constitutional law norms appear to work that way. Yet there is a myriad of institutional settings outside courts within which legal norms are generated, interpreted and applied. This is true even, and perhaps especially, of the formal institutions of the political state. Having set the scene for the nature of administrative process as government in miniature, we will explore a set of case studies meant to illustrate the roles and functions of the different agencies through which policy can be rendered into effective compliance. These include an economic regulatory agency, a human rights commission, a criminal injuries compensation board, a licensing-inspection agency, an ombudsman, a freedom of information commissioner, a Crown corporation and a self-regulatory voluntary association. These are not intended to give you an encyclopedic knowledge of the vast and intricate corridors of public and private power. They are, rather, meant to provide a synoptic illustration of the range of institutions, forms, processes and purposes by which legal normativity in contemporary human is generated, understood and deployed.

Format: Lecture with significant class discussion Method of Evaluation: Group exercises on creation and application of an administrative regime (50%); blog post contributions (25%); Take home exam (25%)

PRV4 549 Equity and Trusts (001) (009) *CC* Professor Lionel David Smith – English Winter, 3 credits

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. A theme underlying the whole course is the practical and theoretical implications of the juridical nature of the common law trust as a relationship with respect to property.

Prerequisites: Common Law Property Format: Lectures, discussion and student presentations (individuals and/or groups) Method of Evaluation: Individual and/or group presentations; mid-term assignment; final examination

*CMPL 522 Medical Liability (001) (009)*T* Professor Lara Khoury – English Fall, 3 credits

McGill University – Faculty of Law Page 22 Course Offerings 2016-2017 Updated May 25, 2016 Description: Comparative law and transsystemic study of the law of medical liability, including the following topics: the law-science interaction; the relationship between patient, physicians and healthcare establishments; physicians’ duties; medical negligence; medical and scientific causation; wrongful borth, conception and life, prenatal injuries; consent to care and treatment refusal; access to services and lack of resources; healthcare-associated infections; and, compensation funds. Prerequisites: None, but Contractual Obligations and Extra-contractual Obligations strongly recommended.

Format: Lecture Method of Evaluation: Take-home Assignments and Take-home examination

CMPL 573 Civil Liberties (001) (009) *HR* Me Pearl Eliadis – English Fall, 3 credits

Description: The course examines civil liberties from a legal, historical, and social perspective. The roles of the State, civil society, and the media, are examined as catalysts or, conversely, "disenablers" of these rights and freedoms. The course takes students through both traditional and emerging topics, from torture and fundamental freedoms, to cyber-surveillance, secularism, prisoners' rights, and the right to die. A key theme is the intersection between civil liberties and equality law which is examined through the lens of Indigenous peoples, people with disabilities and trans people who have historically been excluded from the protections of civil liberties. Guest lecturers will offer alternative perspectives and different voices to the perspectives raised in the course. In addition to Canadian and international human rights law, the course will also look at key decisions from other jurisdictions.

Prerequisites: Constitutional Law. Graduate students should have a strong background in public law and international human rights law. Method of Evaluation: Research paper (fulfills faculty writing requirement - 75%) and combined alternative methods (presentations, short research reports) for the remaining 25%

Biography: Pearl Eliadis is a Montreal-based human rights lawyer with an Internatinal human rights law practice. A member of the Quebec and Ontario bars, Pearl is a graduate of McGill and Oxford universities. She has been retained by NGOs, national institutions, the UN, the European Commission, and other multilateral organizations to work throughout sub-Saharan Africa, and throughout Asia, as well as in Canada.

PUB2 422 Criminal Procedure (001) Justice Patrick Healy - English Winter, 3 credits

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, election and plea, and finally through the trial itself, including juries and trial procedure. The course will focus throughout on the effects of the Canadian Charter of Rights and Freedoms on criminal procedure. Critical perspectives of how the criminal process ought to be understood in light changing social, political and constitutional contexts will be explored.

McGill University – Faculty of Law Page 23 Course Offerings 2016-2017 Updated May 25, 2016 Prerequisites: Criminal Law; Evidence (Civil Matters) or Evidence (Criminal Matters) recommended. Format: Lecture Method of Evaluation: TBA

LAWG 505 Critical Engagements with Human Rights (001) (002) (009) *HR* Dr. Nandini Ramanujam – English Fall, 3 credits

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, and critically examines fact finding, monitoring and reporting, litigation, grass roots mobilization and media engagement in advancing human rights.

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 is conceived as a writing workshop with the aim of translating field experiences into academic writing. The seminar employs participatory and collaborative learning strategies and the research and writing was 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.

Prerequisites: Human Rights Internship Field Placement (open to students who have pursued independent internships). Format: Seminar Method of Evaluation: 15 per cent class participation ( rubric attached to the syllabus), 35 per cent – Group project and class presentation (suggested themes, project guideline and group composition attached to the syllabus), 50 per cent final paper and participation in the peer review process (guidelines attached to the syllabus.

LEEL 369 Labour Law (001) * A, HR* Professor Adelle Blackett – English (with extensive class participation both in French and English) Winter, 3 credits

Description: This course provides a general introduction to collective bargaining and labour relations law. Its emphasis is on the Quebec Labour Code, with frequent references to the federal and selected provincial jurisdictions, and occasional references to the United States. The course will examine the effects of economic globalization on the efficacy of existing approaches to labour law. This course is the companion course to Employment Law.

Prerequisites: None, although Administrative Process is recommended.

Seminar: No, although students are invited to participate extensively and thoughtfully in classroom discussion. McGill University – Faculty of Law Page 24 Course Offerings 2016-2017 Updated May 25, 2016 Method of Evaluation: Class participation: 25%; final examination: 50% or 75%; optional assignment: 25%.

LEEL 570 Employment Law (001) (009) *A, T* Professor Adelle Blackett – English Winter, 3 credits

Description: This course provides a transsystemic study of the individual employment relationship. It examines the historical development of private law notions from the master-servant relationship, and considers the impact of codal reform, protective statutory regimes and human rights law on contemporary employment law and practice. Throughout the course, the relationship between economic globalization and the efficacy of existing approaches to governing employment will be explored. This course is the companion course to Labour Law.

Prerequisites: None, although Administrative Process is recommended.

Seminar: No, although students are invited to participate extensively and thoughtfully in classroom discussion.

Method of Evaluation: Class participation: 25%; final examination: 50% or 75%; optional assignment: 25%.

LAWG 415 Evidence (Civil Matters) (001) *T* Professor Frédéric Bachand – English Winter, 3 credits

Description: Basic principles of evidence as applied and developed in the context of civil litigation in Canadian jurisdictions and, more generally, in the French civil law and the Anglo-American common law traditions. Topics include theories of proof and evidence, adversarial and inquisitorial systems of proof, burden and standard of proof, relevance, the different kinds of evidence, i.e. notarial and documentary evidence, testimonial evidence (lay and opinion evidence), presumptions, admissions, demonstrative and autoptic evidence, the principal rules of admissibility, including the hearsay rule and its exceptions, and rules of extrinsic policy such as privileges and the exclusion of improperly obtained evidence.

Format: Lecture Method of Evaluation: Mid-term exam and final take-home exam.

LAWG 415 Preuve Civile *T* Prof. Pierre-Emmanuel Moyse – Français Hiver, 3 credits

Description: Basic principles of evidence as applied and developed in the context of civil litigation in Canadian jurisdictions, with occasional references to the French civil law and the Anglo-American common law traditions. Topics include historical roots of the law of evidence in Canada; theories of proof and evidence; the role of the judge in the administration of evidence; burden and standard of proof; relevance and probative value; the different kinds of evidence, i.e. documentary evidence, testimonial evidence (lay McGill University – Faculty of Law Page 25 Course Offerings 2016-2017 Updated May 25, 2016 and expert evidence), presumptions, admissions, production of material things); judicial notice; the principal rules of admissibility, including the hearsay rule and specific rules relating to the proof of contracts; and rules of extrinsic policy such as privileges, professional secrecy and the exclusion of improperly obtained evidence.

Format: Lecture and in-class presentations by students as well as real case studies (superior court and/or Federal court cases) supervised by senior lawyers and judges. Method of Evaluation: 50% final and 50% in term assignment.

LAWG 426 Evidence (Criminal Matters) (001) Professor Alana Klein – English Fall, 3 credits

Description: 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.

Prerequisites: Criminal Law (mandatory); Criminal Procedure and Evidence (Civil Matter) (recommended) Format: Lecture Method of Evaluation: TBA

LAWG 200 Commerical Law (001) *T* Professor Jeffrey Edwards – English Winter, 3 credits

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.

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: *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. McGill University – Faculty of Law Page 26 Course Offerings 2016-2017 Updated May 25, 2016 **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

LAWG 273 Droit de la famille (003) *T* Professor Robert Leckey – Français Winter, 3 credits

Description: Le cours de droit de la famille se veut une étude de l’état civil et des effets extrapatrimoniaux des rapports entre parents et enfants ainsi que ceux entre conjoints. Couvrant à la fois la common law et le droit civil, il examine notamment le contraste entre les rapports familiaux de droit et ceux considérés – à tort ou à raison – comme étant de fait. Le cours comportera un angle historique et se référera à des données empiriques sur les pratiques familiales courantes. Le cours abordera de nombreuses perspectives théoriques, parmi lesquelles se retrouvent les approches féministe, queer, pluraliste et économique. Le cours mettra un accent sur la lecture attentive des jugements et des lois.

Format: Lecture Method of Evaluation: un examen final take home de six heures valant 75% de la note; un travail écrit de 650 mots valant 25% de la note, rédigé en plusieurs étapes (dont la rédaction, l’évaluation par les pairs et la révision).

LAWG 273 Family Law (001) *T* Professor Helena Lamed – English Winter, 3 credits

Description: his course will outline the main topics and themes in contemporary Canadian family law: the outlines of state-defined family relationships and the economic implications of these relationships. We will examine parenthood, children in family law conjugal relationships and their rupture, religion in the family law context and domestic violence. In a legal landscape where 50% of parties in family law matters before the courts are unrepresented or self-represented, we will explore the access to justice implications of the implementation of state regulation of family law. We will reflect on the contours of family matters within and beyond the purview of the state, whether family law matters should be questions of individual responsibility and whether state intervention achieves its stated goals of promoting equality and protecting the vulnerable.

Format: Lecture Method of Evaluation: Midterm 1 hour May 12 for 25%. Final exam on May 30 – 3 hours open book 75%

McGill University – Faculty of Law Page 27 Course Offerings 2016-2017 Updated May 25, 2016 PUB2 551 Droit des migrations et des réfugiés (001) (009) *HR* Professor François Crépeau – Français Hiver, 3 credits

Description : L’histoire de l’humanité est celle d’une grande migration vers plus de prospérité et de stabilité. Au cours des cinquante dernières années, la migration a considérablement augmenté, en nombre et en distance. L’adoption de politiques migratoires proactives par le « Nouveau Monde » contraste avec la vision nationaliste d’une « Forteresse Europe », par exemple. Le 20e siècle fut le siècle des réfugiés, le 21e siècle sera celui des migrants. Comprendre les multiples facteurs des dynamiques migratoires, en explorer la complexité, articuler le cadre conceptuel des droits humains des migrants, analyser les causes et les effets des politiques migratoires contemporaines : tels sont les objectifs de ce cours.

Format: Lecture Method of Evaluation: TBC

PUB2 551 Immigration and Refugee Law *HR* Dr. Peter Szigeti - English Winter, 3 credits

Description: Immigration and refugee law determines who has the right to live in Canada, who gets to visit and who can never set foot in the country. The course will focus both on the fundamental controversies of immigration policy and the procedures of immigration and refugee law. We will start with questions of ethics such as the fairness of immigration controls versus a policy of open borders, and end with the details of how temporary and permanent residents are selected, how refugee proceedings are conducted, and how immigration decisions are enforced. We will examine how the basic questions of immigration -- such as how much immigration is right; to what criteria can and should the state set before immigrant; and what balance to strike between economic, family-based and humanitarian immigration -- are reflected in immigration law, including such procedural questions as how permanent residents can become citizens, and what procedural safeguards should deportation proceedings contain.

Method of Evaluation: TBC

BUS1 532 Bankruptcy and Insolvency (001) (009) *A* Me Kenneth Atlas – English Winter, 3 credits

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.

McGill University – Faculty of Law Page 28 Course Offerings 2016-2017 Updated May 25, 2016 Prerequisites: Secured Transactions recommended Format: Lecture Method of Evaluation:TBD

BUS2 502 Intellectual and Industrial Property (001) (009) Professor Stamatia Piper – English Fall, 3 credits

Description: This course aims to provide an introductory sampling of key principles of intellectual property law by considering some of the legal rules constituting copyright and patent law. We examine the implications of those legal rules in practice in select subject areas. At the policy level, the course asks how the law can best contribute to regulating creativity and innovation and will provide you with a general knowledge of the basic intellectual property regimes and a broad understanding of the policy issues engaged by intellectual property law. This course lays the foundation for interested students to pursue specialized courses in copyright, patent or international IP. It will also enable you to speak in an informed way about intellectual property law to generalist audiences.

Prerequisites: None Sequence: Upper Year Seminar: No Method of Evaluation: 65% project; 25% assignment; 10% quiz(zes)

BUS2 502 Propriété intellectuelle (003) (010) Professor Pierre-Emmanuel Moyse – Français Automne, 3 credits

Description: Introductory course in intellectual property law with an emphasis on trademark and copyright law. It also provides basic coverage of patent law. The course focuses on the interface and tensions between commercial & competition law and the special regimes prescribed by intellectual property statutory laws. The course reflects upon the notion of monopoly in a technologically-driven but increasingly non-egalitarian society, providing an open forum to discuss culture, access to culture, technology, progress and innovation.

Prerequisites: Civil Law Property Format: Lecture Method of Evaluation: 40% mid-term assignment and 60% final

McGill University – Faculty of Law Page 29 Course Offerings 2016-2017 Updated May 25, 2016 CMPL 571 International Law of Human Rights (001/009) *HR* Professor Payam Akhavan – English Fall, 3 credits

Description: Human rights have become the ubiquitous discourse of the international community. But what lies behind the rhetoric? Is there such a thing as international human rights law? How does it relate to state sovereignty? Are international human rights part of international law? Do they have special value? Do international human rights make a difference in the practice of states? Should international human rights law be different than it is? How is it enforced? Who benefits? What status, if any, does it have under domestic law?

This course seeks to provide an introduction to international human rights law. It will examine the birth of the international human rights regime, from minority protection in the inter-war to the drafting of the Universal Declaration and the Covenants, and various regional sources embodying human rights principles. It will provide an introductory analysis of different generations of rights, their content and relation to each other, as well as the impact of inter-civilizational dialogue on the formulation of the global human rights regiMeIt will assess the role of universal (United Nations) and regional (American, European and African) human rights mechanisms whether judicial or not, in promoting and protecting human rights as well as some of the tensions that may arise with states as a result. The course will also consider a selection of cross0-cutting human rights issues (e.g.: terrorism, refugees, conditionality in development assistance, multinational corporations, transnational human rights litigation).

Prerequisites: Public International Law Format: Lecture Method of Evaluation: Participation (10%); writing assignment (20%); final exam (70%)

CMPL 577 Communications Law (001) (009) *A* Me Sunny Handa Fall, 3 credits

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), Industry 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 alliance structures and the role of the Internet will form the backdrop to the course.

Method of Evaluation: Participation (25%), Quizzes (30%), Presentation (15%), Paper (30%)

McGill University – Faculty of Law Page 30 Course Offerings 2016-2017 Updated May 25, 2016 PUB2 505 Statutory Interpretation (001) (009) Professor Frédéric Bachand – English Winter, 3 credits

Description: This transsystemic course will explore theoretical, doctrinal and practical questions relating to the interpretation of domestic and international normative instruments (codes, statutes, constitutional texts, international treaties, contracts, wills, etc.). In addition to reflecting on the nature and theories of legal interpretation, as well as on the effect of interpretive rules on courts and tribunals, students will be invited to undertake a critical analysis of traditional and contemporary interpretive approaches followed by domestic courts and international adjudicative bodies.

Format: Lecture Method of Evaluation: Participation and Final Exam (the Final Exam will be a take-home exam).

PUB2 401 Judicial Review of Administrative Action (001) *A* Professor Evan Fox-Decent – English Winter, 3 credits

Prerequisites: Administrative Process (Recommended) Format: Lecture Method of Evaluation: oral presentation, group assignment, open-book exam

CMPL 501 Jurisprudence (001) (009) Professor Evan Fox-Decent – English Fall, 3 credits

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 McGill University – Faculty of Law Page 31 Course Offerings 2016-2017 Updated May 25, 2016 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.

Prerequisites: None Format: Seminar/group discussion Method of Evaluation: Ethics Lab (20%); group presentation and group assignment (30%); 2-hour open book final exam (50%).

CMPL 543 Law and Practice of International Trade (001)(009) *A* Professor Andrea Bjorklund – English Fall, 3 credits

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 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. We will discuss the overlap between investment-related protections found in the WTO and those found in the international investment regime. Special attention will be paid to the implications of the rise of new actors (such as China and India) in the global economy and international economic law.

Prerequisites: Public International Law (recommended) Format: Lecture Method of Evaluation: 25% Written assignment and 75% take-home final exam.

LAWG 525 Legal Education Seminar (001) (009) (010) Professor Hoi Kong – English Fall, 3 credits

Description: What does the meaningful teaching of law entail? And what do students of law learn, question, and experience? Participants in this seminar will engage in a 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, they will reflect on the ways in which legal education continues to be challenged, modified, and redefined. 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.

McGill University – Faculty of Law Page 32 Course Offerings 2016-2017 Updated May 25, 2016 Prerequisites: Note that the seminar will meet once a week for three hours, and is directed primarily, although not exclusively, to doctoral students in law. Students in the BCL/LLB and LLM programs who wish to take the seminar should have demonstrated substantial preparation in the form of relevant experience, writing, or study, and may wish to consult the professor or respective Associate Deans before registering.

Format: Seminar Method of Evaluation: To be determined in consultation with the class in the first week of instruction

LAWG 316 Private International Law (001) *T* Prof. Catherine Walsh Fall, 3 credits

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 European, American and international sources will also be examined.

Prerequisites: Judicial Institutions and Civil Procedure course (recommended) Format: Lecture Method of Evaluation: Assignments and final exam

PUB2 105 Public International Law (001) *HR* Professor Jaye Ellis – English Fall, 3 credits

Description: Overview of the basic architecture of public international law. Fundamental elements of this legal system, that is, the constitution of the system’s boundaries, subjects and authors of international law, and the making, interpretation, and application of law. We focus on the state, which remains the dominant actor and therefore a natural starting point for a basic course in public international law. However, we will pay close attention as well to other actors – individuals, civil society organisations, corporation – as well as other sites of normativity, particularly transnational law, and including non-state law, often included in the category of ‘soft law’. Also of interest are interactions between international and domestic (municipal) law.

Format: Lecture Method of Evaluation: Written assignments and take-home examination.

McGill University – Faculty of Law Page 33 Course Offerings 2016-2017 Updated May 25, 2016 PUB2 105 Public International Law (001) *HR* Professor Payam Akhavan – English Winter, 3 credits

Description: This course is an introduction to the public international legal order, focusing on the complex inter-relationship 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. Upon completion of the course, students should be (1) conversant with the basic principles, rules, processes and institutions of public international law; (2) capable of applying these to the analysis of legal issues; (3) proficient in international law research; (4) be able to critically evaluate various aspects of the public international legal system; and (5) develop an informed opinion about the relevance and viability of public international law.

Format: Seminar Method of Evaluation: An open‐book exam, worth 70% of the final grade; 2. A concise 500‐word writing assignment on a selected topic worth 20% of the final grade; and 3. Active participation in class throughout the course, worth 10% of the final grade. Students will be called upon to discuss the assigned readings and should prepare for classes accordingly. Familiarity with class discussions will also be necessary for parts of the final exam.

PUB2 105 Droit international public (003/006) *HR* Professor Réne Provost – French Fall, 3 credits

Description: Ce cours envisagera l'émergence historique d'un droit international entre États ainsi que la théorie qui sous-tend le droit international. Le cours couvrira un certain nombre de grandes questions telles que la théorie des sujets, la nature des obligations internationales, ou le rôle des institutions internationales. Il sera aussi l'occasion, à travers l'étude d'un certain nombre de crises et de grandes affaires internationales, de s'interroger sur les possibilités de l'ordre international. Quelques grands thèmes seront envisagés tels que le droit de lamer, le droit des délimitations territoriales, le droit des immunités, la Charte des Nations Unies, la responsabilité internationale, etc.

Format: Seminar

McGill University – Faculty of Law Page 34 Course Offerings 2016-2017 Updated May 25, 2016 PUB2 420 Trial Advocacy Me Catherine McKenzie - English Winter, 3 credits

Description: The purpose of this course is to analyze and instruct on the methods and techniques of court room advocacy at the trial and appellate level in written and oral pleadings. The course will investigate how evidence, law and jurisprudence can be organized and structured into legal arguments. Examples of pleadings and Court room orations will be studied. The role and conduct of plaintiff, Crown and defense counsel as pleaders will be examined. The ethics of trial advocacy will be studied. Secondary aspects of pleading such as the pleading of objections to evidence and motions will also be examined. Class time will be used in theoretical lectures, practical exercises and demonstrations. The emphasis will be on student participation.

Prerequisites: Judicial Institutions and Civil Procedure Method of Evaluation: A combination of oral presentation/pleading, written assignments, and class participation. The oral submission will be based on the presentation of a final argument in a trial. The written aspect will be based on written pleadings such as an action or a defence

PUB3 515 Canadian Charter of Rights and Freedoms (001) (009) *HR* Cancelled Professor Vrinda Narain Fall, 3 credits

Description: This course explores the structure, meaning and impact of the Canadian Charter of Rights and Freedoms, examining in depth selected themes and specific rights issues arising under the Charter including Religious Freedom and Multiculturalism; Equality and Grounds of Discrimination; and Aboriginal Rights and the Charter. The course seeks to provide students with a framework for analyzing the debates that shape Charter jurisprudence. It is designed to assist students in critically evaluating Charter rights from doctrinal, theoretical and practical perspectives. As far as possible, the course will be run as a lecture/advanced seminar class. Classroom time will be distributed between lectures and seminar discussions. Students are expected to attend class, participate actively and be prepared to discuss the issues raised in the assigned readings.

Method of Evaluation: Mid-term take-home writing assignment: 20%, Final Exam take home: 80%

PRV3 534 Remedies (001) (009) *CC* Professor Stephen Smith – English Fall, 3 credits

Description: This course is a study of private law remedies, such as injunctions, specific performance, damages, and constructive trusts. Because the law of remedies cannot be understood separately from the substantive law, the course materials range across nearly the entirety of private law. The course could be called ‘advanced advanced common law’. Thus the course examines both personal and proprietary remedies, and does so in the context of claims based not just on contract and tort, but also fiduciary obligations, unjust enrichments, and other sources of obligations. Special emphasis is given to understanding the role of remedial rights within the broader structure of private law. Other themes will include the appropriateness of proprietary remedies, the desirability of giving judges discretion when McGill University – Faculty of Law Page 35 Course Offerings 2016-2017 Updated May 25, 2016 awarding remedies, and the (alleged) distinctiveness of both equitable remedies and remedies for the breach of equitable duties. Some reference will be made to the civil law.

Format: Lecture Method of Evaluation: Final examination, assignment.

CMPL 506 Legal Theory (001) (009) Professor Mark Antaki Fall, 3 credits

Description: Most law courses, including legal theory courses, tend to be survey courses in which students read excerpts of various texts but do not get the chance to engage carefully with one long text in its entirety. This focused seminar aims to complement other law courses by providing students a privileged space to engage in a close reading of one of the key texts in the history of Western thought: Plato’s Republic. By way of the question of justice, the Republic asks after the proper constitution of the human soul and of polities. In so asking, it inquires into the role of what we call education, art, and the family in a well-constituted polity. What is more, engaging with the Republic is a, perhaps surprisingly, eminently trans-systemic or integrated endeavour. Among other things, the question of translation from – and into – the Greek, the dialogic form of the work, and the ways in which the Republic raises the question of what it is to theorize, make it a text that speaks directly and profoundly to the concerns of our trans-systemic or integrated programme. I welcome the diversity of student backgrounds we are likely to have in the classroom. No background in philosophy is necessary.

Format: Seminar Method of Evaluation: multiple evaluations, t.b.d. (no examination)

CMPL 512 Theories of Justice (001) (009) Professor Victor Muniz Fraticelli – English Fall, 3 credits

Description: The course will be an examination of the concept and principles of distributive justice, that is, of the way that major social institutions (the state, the family, the market, etc.) make various social goods (from civil liberties to economic opportunities to health care and beyond) available across societies. The course will focus on John Rawls’ A Theory of Justice, arguably the major work on the subject in the last century, and on criticisms and developments of Rawls’ theory.

Format: Seminar Method of Evaluation: Presentations, class discussion, final paper.

McGill University – Faculty of Law Page 36 Course Offerings 2016-2017 Updated May 25, 2016 CMPL 533 Resolution of International Disputes (001) (009) Professor Fabien Gélinas – English Fall, 3 credits

Description: A seminar dealing with current methods of resolving international disputes, with an emphasis on international commercial arbitration. Alternative Dispute Resolution (ADR) mechanisms will also be examined in their international aspects. The course will address the issue of transnational rules of law and the interplay between rules of public and of private international law, notably in the context of dispute resolution between states and private parties. The programme will feature several high-profile speakers.

Prerequisites: Public International Law, Private International Law (recommended) Format: Seminar Method of Evaluation: BCL/LLB students: Participation, paper; LLM students: Participation, with class presentation, paper/oral exam option

CMPL 536 European Union Law Professor Armand de Mestral – English Fall, 3 credits

Description: An analysis of the institutional provisions of the Treaties establishing the European Union creating a homogenous structure for commerce and competition within the Single Market. This course will stress the law governing the institutions, the relationship between community and domestic law and the process of judicial review by the Court of European Communities, external relations as well as covering some of the central principles governing the free movement of goods, services, persons and capital. Comparisons are made with federal systems and free trade areas.

Prerequisites: Public International Law recommended Format: Lecture and class discussion Method of Evaluation: Optional paper (33 1/3%) and examination Biography: International Trade Law; European Union Law; The Law of International Economic Integration; Public International Law; International Arbitration; Law of the Sea; International Environmental Law; Constitutional Law and Comparative Constitutional Law; International Humanitarian Law.

CMPL 546 International Environmental Law and Politics (001) (009) Professor Jaye Ellis – English Fall, 3 credits

Description: This course examines efforts at the international and transnational levels to bring law to bear on transboundary environmental impacts. The course addresses the general architecture of international environmental law, examining fundamental principles, procedural obligations, and issues of state responsibility and liability before turning to sector-specific regimes, including non-state regimes. Cross- cutting themes to be addressed include compliance mechanisms, market-based mechanisms, collisions with other regimes, and the interface between science and law.

McGill University – Faculty of Law Page 37 Course Offerings 2016-2017 Updated May 25, 2016 Prerequisites: Public international law Format: Lecture Method of Evaluation: Participation, written assignment, and take-home examination

CMPL 568 Extrajudicial Dispute Resolution (001) (009) Professor Marc Gold – English Fall, 3 credits

Description: This is a trans-systemic course on so-called alternative dispute resolution (ADR) in civil and commercial matters. It is concerned with the law and practice relating to the extrajudicial means, i.e. negotiation, mediation/conciliation and arbitration, through which the majority of civil and commercial disputes are nowadays resolved in both common law and civil law jurisdictions. Selected topics will include the effective drafting of mediation and arbitration agreements, the relationship between extrajudicial means of dispute resolution and the judicial process as well as the enforcement of settlements and arbitration awards.

Prerequisites: Judicial Institutions and Civil Procedure Seminar: Yes Method of Evaluation: Mid-term assignment (20%); Class Participation (15%); final take-home examination (65%)

PUB2 504 Sentencing in Canadian Law (001) (009) Justice Patrick Healy – English Fall, 3 credits

Description: This course reviews the general principles and aims of sentencing in the criminal process, procedure and evidence, and review by appellate courts. An examination of selected topics includes mandatory sentences of imprisonment, comparative models for controlling judicial discretion, victim participation in sentencing, plea bargaining, restorative justice, aboriginal offenders, and youth offenders.

Prerequisites: Recommended, but not obligatory, one basic course in criminal law or evidence such as - Criminal Law, Criminal Procedure, Evidence (Civil Matters) or Evidence (Criminal Matters). Format: Seminar Method of Evaluation: TBA

LAWG 400 Secured Transactions (001) *T* Professor Catherine Walsh – English Fall, 4 credits

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 McGill University – Faculty of Law Page 38 Course Offerings 2016-2017 Updated May 25, 2016 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

Prerequisites: Common Law Property Format: Lecture Method of Evaluation: Final examination; in-term written assessment (format and weight TBA). ______

LAWG 400 Droit des sûretés (003) *T* Professor Yaell Emerich - French Winter, 4 credits

Description: Ce cours vise à étudier les diverses techniques par lesquelles les vendeurs et les prêteurs, ainsi que les créanciers qui ne détiennent pas de sûretés conventionnelles, peuvent garantir l’exécution d’une obligation qui leur est due par leur débiteur. Il traite des sûretés mobilières et immobilières tant en droit civil qu’en common law, ainsi que d’autres mécanismes juridiques tels que la vente à tempérament, le louage, le crédit-bail et la fiducie-sûreté. Le cours aborde le régime législatif des hypothèques (CCQ), les sûretés mobilières (PPSA) et le mortgage (tant dans les systèmes Torrens que dans les systèmes des Lois sur l’enregistrement des droits fonciers).

Prerequisites: Civil Law Property and Common Law Property Format: Lecture Method of Evaluation: quiz ou exposé en classe: 25%; examen final: 75% (TBC).

LAWG 518 SP Topics in Law 8: Seminar in Property Law Professor Yaëll Emerich - bilingual Fall, 3 credits

Description: Study of selected themes in comparative property with a view of designing a Transsystemic Property Course, described as “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 limitations on property rights”. Potential themes of interest: transsystemism and comparative law; history of property; theory of property; possession; property; limited interests in property; limits of property; aboriginal title and modes of appropriation; trust.

Prerequisites: None Seminar: Yes Method of Evaluation: Seminar presentation and either two short essays or a term paper (if chosen the term paper would meet the faculty writing requirement)

LAWG 518 SP Topics in Law 8: Arbitration the Courts Professor Andrea Bjorklund and Catherine Kessedjian Winter, 3 credits

McGill University – Faculty of Law Page 39 Course Offerings 2016-2017 Updated May 25, 2016 Description: While international arbitration is described idealistically as an a-national means of adjudication free from the control of municipal governments, in practice arbitration frequently intersects with national courts. When do these intersections come about, and why? How is this interface regulated by international treaties, by international practice, and by municipal laws themselves? Is the relationship one of complementarity, one of competition, or a bit of both? When and why might arbitrations intersect with supra-national courts, such as the Court of Justice of the European Communities, and with the E.U. legal order more generally? Where does the investment “court” outlined in the Canada-E.U. Comprehensive Economic and Trade Agreement (and proposed for inclusion in other E.U. treaties) fit in?

Method of Evaluation: Assessment will be based on several short assignments during the term and on one final short project, along with class participation; alternatively students can write a longer term essay to satisfy the writing requirement in addition to actively participating in class.

LAWG 535 SP Topics in Law 16: Governance of the Corporation: Contemporary Issues (001) (009) Professor Paul Miller Fall, 3 credits

Description: The course addresses issues in contemporary corporate governance from both law and management perspectives. It provides students with an introduction to core theories of corporate governance; offers students opportunities to consider the role of law, markets, managers, investors and other stakeholders in influencing governance practices and firm behaviour; and requires students to confront difficult questions of governance as they arise in concrete settings. The dominance of the corporation in economic life has generated significant challenges for civil society and for boards of directors responsible for overseeing corporate activities. Case-based and problem-oriented analysis of governance issues in the contexts of environmental regulation, international human rights, and workplace safety and labour standards in developing countries will require students to consider whether and to what extent corporate law may facilitate or frustrate achievement of social justice and other objectives; as well as whether and to what extent extra-legal mechanisms (e.g. private regulation, voluntary codes of conduct) may be appropriate for eliciting desirable behaviour from firms. Students will consider the role of organizational form in structuring the ends of management by reflecting on alternative organizational forms, including cooperatives and benefit corporations.

Method of evaluation: Participation - 25%, Individual Presentation - 40%, Group Presentation - 35%

LAWG 535 SP Topics in Law 16 : Business and Human Rights (002) (010) Catherine Kessedjian Winter, 3 credits

Description: The seminar deals with a subset of Corporate Social Responsibility in international and comparative law. For a long time, International law has had difficulties regulating the activities of transnational corporations. In the 1970s, the OECD added guidelines to its declaration on investment, while the discussions within the UN did not succeed. It is only in 2011 that the Ruggie Guidelines adopted within the UN finally added a soft law instrument to the field. Is soft law appropriate to regulate rporations’ activities? How do the national contact points (provided for by the OECD Guidelines) work in practice? Is due diligence a new obligation for corporations? If so, how does that work? How can a corporation control its value chain? Is contract law an appropriate tool to monitor sub- McGill University – Faculty of Law Page 40 Course Offerings 2016-2017 Updated May 25, 2016 contractors’ activities? Is access to justice for victims of human rights violations by corporations appropriately safeguarded? Is arbitration, mediation or other ADR appropriate means of dispute resolutions in the field?

Method of Evaluation: Assessment will be based on class participation and short assignments during the term.

LAWG 536 SP Topics in Law 17: Restorative Justice Professor Ronald Niezen Winter, 3 credits

Description: This course will introduce students to the philosophy, history, guiding principles, and practice of restorative justice (RJ). It offers a comparative approach, with material drawn from Canada, the U.S.A. Great Britain, continental Europe, Africa, Latin America, and elsewhere, to consider the ways that RJ is being integrated into the study and practice of criminology, sociology, social work, and transitional justice. The contrast between retributive and restorative approaches to crime and conflict resolution will be the foundation for a critical examination of the RJ movement, with a focus on its potential to reduce crime rates while providing alternatives to prison systems.

Format: Seminar Method of Evaluation: Research paper; take-home final exam.

LAWG 537 SP Topics in Law 17: Class Actions/Actions Collectives (001) (009) Me Shaun Finn - bilingual Fall, 3 credits

Description: This course consists of a practical and comparative approach to class actions. Although mainly focused on Quebec, we will also look at the class action regimes of the common law provinces, the United States and other jurisdictions. Particular attention will be paid to class action practice from the perspectives of both plaintiff and defendant counsel, notably with regard to how a class action is brought, analysed and pleaded. Students will be expected not only to attend class, but to participate actively by expressing their views, drafting pleadings and, at the end of the term, helping to argue a motion for authorization of a class action. Experts in the field will also be invited to comment on key issues.

Ce cours préconise une approche pratique et comparative aux actions collectives. Bien que principalement axé sur le régime d’actions collectives du Québec, le cours tiendra compte également de ceux des provinces de common law, des États-Unis et d’autres juridictions. Une attention particulière sera portée à l’analyse de cette procédure tant du point de vue de l’avocat en demande que de celui de l’avocat en défense. Les étudiant seront appelés non seulement à assister aux rencontres hebdomadaires, mais à participer activement en exprimant leurs opinions, rédigeant des plans d’argumentation et plaidant pour ou contre une demande en autorisation à la toute fin de la session. De plus, des experts dans le domaine viendront commenter des questions d’intérêt particulier.

Format: Seminar/séminaire McGill University – Faculty of Law Page 41 Course Offerings 2016-2017 Updated May 25, 2016 Method of Evaluation : 10% for class participation; 40% for a written outline of argument; 50% for a verbal presentation of the argument. 10% pour la participation; 40% pour une plaidoirie écrite; 50% pour une plaidoirie orale.

LAWG 537 SP Topics in Law 18 : Innovations (001) (004) (009) Professor Richard Gold Fall, 3 credits

Description: The rhetoric around innovation is everywhere. Despite its ubiquity, what it is and what it means varies by audience; its relevance to economic growth and income disparity remains controversial; its history and place in society is too often underanalysed. This course provides an introduction to the concept of Innovation, its role in the economy, the institutions that foster or hinder it, the laws that promote or undermine it and its historical, psychological and social context. Through interactive lectures students will explore the complexity of the subject and its connections with law, the economy, history, sciences and technology and government and firm policies. In addition, through small group assignments, students will deploy and extend their knowledge through the exploration of case studies.

Method of Evaluation: Final exam: 60%; Team project (including peer review): 40% ______

LAWG 538 SP Topics in Law 19: Empirical Methods Professor Sébastien Jodoin Winter, 3 credits

Description: This course aims to provide students with the foundational knowledge and practical skills to carry out and evaluate empirical research in the context of legal scholarship and practice. It will be especially helpful to undergraduate and graduate students that are considering using empirical research methods in their essays, theses or dissertations. The course will also be useful to students who may encounter empirical research in their eventual careers in law or public policy. Part I of the course addresses key concepts and techniques underlying the use of empirical research, covering foundational debates in the philosophy of science and knowledge, the difference between qualitative and quantitative research, the elements and principles of research design, the basics of fieldwork, and ethical considerations. Part II of the course introduces students to a range of empirical research methods, specifically process-tracing, historical and archival research, discourse and narrative analysis, statistical methods, experimental methods, content analysis, ethnography, and survey methods. Throughout this part of the course, students will be given the opportunity to practice with, and reflect upon, these research methods. Part III concludes with a discussion of the opportunities and challenges associated with the use of empirical research in society, particularly in litigation, judicial decision- making, and policy-making.

Format: This course will be taught through a combination of two formats. Parts I and III will be taught as a series of discussion seminars. Part II will be taught through class-based exercises that will give students an opportunity to practice with, and reflect upon, the design and use of empirical research methods.

Method of evaluation: Class participation, including presentation of a paper employing empirical research (20%); two 750-word Field Experience Reports (30%); and a Final Essay (50%). McGill University – Faculty of Law Page 42 Course Offerings 2016-2017 Updated May 25, 2016 LAWG 539 SP Topics in Law 20: Political Law (001) (009) Me Gregory Tardi Fall, 3 credits

Description: There are notable developments in the current practice of Democracy in Canada. The electoral system is presently under review, leading to partisan and contested discussion. The principal institutions of the state, in particular the Senate, are seemingly in need of reform. The government has become more powerful, seemingly at the expense of Parliament. The legitimacy of the courts and their attachment of the courts to legality is being questioned in some quarters. In this context, Political Law is best defined as the study of Democratic governing from a specifically legal perspective. Within the legal system proper, Political Law comprises the comprehensive study of the legal instruments used in the architecture of the state and in the conduct of Democratic governing. On an interdisciplinary level, it also analyzes the interaction among legal, public policy and political instruments and seeks to understand the role, influence and impact of law in government. This is an examination of the role of law and therefore of the rule of law in the relations among the Legislative, Executive and Judicial Branches. It is also an exploration of accountability to law on the part of public officials, especially heads of state and government. This course seeks to impart specific skills: comparative analysis of Democracies, observance of the requirements of legality, choice of instruments in governing, proper motives in the use of law, and decisional factors in litigation and prosecution. The 2016-17 edition of the course will pay particular attention to the reforms flowing from the 42nd federal general election of 2015.

Format: Seminar Method of Evaluation: One paper, effective class participation and a short “Lessons Learned” document.

LAWG 539 SP Topics in Law 20: Questions Approfondies de Droit Constitutionnel (003) (010) Johanne Poirier - French Winter, 3 credits

Description : TBC

Method of Evaluation : TBC

*LAWG 539 SP Topics in Law 20: Law and Health Care (001) (002) * linked to CMPL 642 Professor Lara Khoury Winter, 3 credits

Description: The course explores various points of intersection between law and health care. Students will examine ethical and legal dilemmas that arise at these points of convergence and the principles and institutions that have been developed to address them. Particular topics covered may include: bioethical principles that ground and challenge legal responses to health care issues; the delivery of health care services and the allocation of health care resources; the regulation of health care professionals; the law of consent and substituted consent; the law pertaining to minors and incapable adults; privacy issues arising in the medical context; legal and ethical questions related to biomedical research; patient safety; and end of life care.

McGill University – Faculty of Law Page 43 Course Offerings 2016-2017 Updated May 25, 2016 Prerequisites: None Format: Seminar Method of Evaluation: Take-home assignments.

LAWG 516 SP Topics in Law 6: Mediation (001) (009) Professor Kun Fan – English Winter, 3 credits

Description: Mediation is “a facilitative process in which disputing parties engage the assistance of an impartial third party, the mediator, who help them try to arrive at an agreed resolution of their dispute”. This course will examine Mediation as a method of dispute resolution in civil matters. Students will be exposed to the theoretical foundations of mediation and to different schools of mediation practice. Through numerous role-playing exercises, the course will also provide students with an opportunity to develop proficiency as mediators and advocates taking into account the legal, ethical and public policy issues surrounding the practice of mediation.

Method of Evaluation: A team project and a participation component

LAWG 517 SP TOPICS in Law: Slavery and the Law (001) (009) Professor Adelle Blackett Fall, 3 credits

Description: This course will offer a survey of the law pertaining to the trans-atlantic slave trade, and will consider its contemporary legacies for the study of law.

Method of Evaluation: Participation 25%, essay 75%

LAWG 517 Topics in Law 18: International Law & Development Professor Nandini Ramanujam Winter, 3 credits Description: The course will explore evolving understanding about the relationship between the law – domestic, international, or transnational – and development. This relationship has been one of the central concerns for both social scientists and the development professionals. A significant focus of the course will be on the interaction between rule of law and institution-building in context of socio-economic development. The course will also provide a forum for students to critically analyze concepts such as the right to development, and the human rights approach to development more generally. The course will be interdisciplinary in nature, drawing upon literature from economic, cultural, and legal theories of development, as well as contemporary literature on the concept of rule of law, international documentation, and case studies from countries which have undergone systemic transformation in the last 20-25 years.

Evaluation methods: This course will count towards writing requirements of the BCL/LLB Program. One 8,000-word paper (75%) - you will have the choice between preparing a case study analysis, a normative policy paper based on material studied in the course, or working on a novel topic in the field of law & development; Class participation (15%); MyCourses blog entry (10%). ______

McGill University – Faculty of Law Page 44 Course Offerings 2016-2017 Updated May 25, 2016 LAWG 517 SP Topics in Law 7: Agency and Mandate Law (001) (009) Professor Evan Fox-Decent – English Winter, 3 credits

Course Description: Were the horrific atrocities committed recently in Paris and Brussels acts of war, or something else? The answer to this question, under a wide conception of international law, depends on whether the perpetrators were acting on behalf of a regime that has standing to represent a certain population in international affairs. The answer to the question, then, depends on one’s analysis of two issues: (i) the nature of the relationship between the perpetrators and the regime alleged to be behind the Paris atrocities, and (ii) whether international law attributes international standing to that regime. By the end of this course, you will understand the legal presuppositions and implications of both issues, because at the core of both is the question of whether there exists, under the law’s construction of the relevant facts, a relationship of agency. Understood broadly, agency relations exist whenever one party (the agent) is authorized by law to act on behalf of another (the principal) so as to change the legal position of the principal. For example, when an agent signs a contract on behalf of her principal, her principal’s legal position is changed because the principal is now bound to a third-party by the terms of the contract the agent signed on the principal’s behalf. Lawyers, directors and officers of corporations, partners, joint venturers, parents, guardians, trustees, persons holding powers of attorney or mandates, municipalities, provinces, states, government officials, diplomats and international institutions are all, in a broad sense, agents. Understanding the law of agency and mandate is crucial to understanding the law that governs these decision-makers, because it establishes or reflects structurally the legal framework within which their decisions and actions are assessed for legal validity. The first part of the course will investigate transsystemically the common law’s law of agency and the civil law’s law of mandate. Questions to be discussed include: Under what conditions do relationships of agency or mandate arise? What is the best justification of the agent’s legal power to bind her principal to an obligation owed to a third-party? What are the consequences when an agent exceeds her mandate and an innocent third-party relies on the agent’s apparent authority to bind her principal? The second part of the course will consider how the law of agency and mandate helps us understand the authority of states and international institutions at international law. Questions to be discussed include: Are states properly considered the only entities entitled to represent groups or individuals under international law? Can sub-state or transnational entities, such as the authorities of indigenous or minority peoples, represent their people internationally? Are states the agents of their people only, or are they also, in some cases—such as the case of climate change—agents or trustees of humanity at large? If corrupt state officials acquire a large debt in the state’s name, are the state’s people liable to repay the debt? In whose name do international institutions such as the U.N. Security Council speak, and why?

Prerequisites: None Seminar: Yes Method of Evaluation: 20% participation; 30% group presentation and short assignment; 50% 2-hour open-book final exam t is the basis of the legal authority international institutions purport to have?

LAWG 516 SP Topics in Law 6: Anatomy of a Murder Trial (001) Justice Carol Cohen – English Fall, 3 credits

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 McGill University – Faculty of Law Page 45 Course Offerings 2016-2017 Updated May 25, 2016  jury selection  the voir dire (before and during trial)  questions of procedure and trial process  hearsay and other evidentiary issues  pleading before a jury

There will be guest speakers, including lawyers and other judges.

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% class participation, 50% for a paper dealing with one of the topics discussed in class (including in-depth research) and 40% for a verbal presentation of each student’s paper during the final weeks of the course.

* Some presentations (by students and guests) will be in French only. Instructor biography: Madam Justice Carol Cohen will be completing her 17th year as judge of the Quebec Superior Court this fall, having been appointed in 1997. Justice Cohen is active in many legal and judicial organizations and serves as Bench liaison and Board member of the Lord Reading Law Society, Director of both the Canadian Superior Court Judges Association and the Conférence des juges des Cours supérieures du Québec, Board member of the Quebec section of the Canadian Bar Assocation, Board member of the Canadian Chapter of the International Association of Women Judges and former President and Board member of the Juriclub of Montreal. She was a judicial member of the 2010 Canadian Delegation to Jamaica for Project JUSTICE (Judicial Systems Improvement for Commerce and Economy, a joint venture of the Office of the Commissioner for Federal Judicial Affairs Canada and the National Judicial Institute) and was delegate to conferences of the International Association of Judges in Morocco (2009) and in Mexico (2004). 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.

LAWG 535 SP Topics in Law 16: Governance of Corporation: Contemporary Issues (001) (009) Professor Paul B. Miller – English Fall, 3 credits

Description: The course addresses issues in contemporary corporate governance from both law and management perspectives. It provides students with an introduction to core theories of corporate governance; offers students opportunities to consider the role of law, markets, managers, investors and other stakeholders in influencing governance practices and firm behaviour; and requires students to confront difficult questions of governance as they arise in concrete settings. The dominance of the corporation in economic life has generated significant challenges for civil society and for boards of directors responsible for overseeing corporate activities. Case-based and problem-oriented analysis of governance issues in the contexts of environmental regulation, international human rights, and workplace safety and labour standards in developing countries will require students to consider whether and to what extent corporate law may facilitate or frustrate achievement of social justice and other McGill University – Faculty of Law Page 46 Course Offerings 2016-2017 Updated May 25, 2016 objectives; as well as whether and to what extent extra-legal mechanisms (e.g. private regulation, voluntary codes of conduct) may be appropriate for eliciting desirable behaviour from firms. Students will consider the role of organizational form in structuring the ends of management by reflecting on alternative organizational forms, including cooperatives and benefit corporations.

Method of Evaluation: Participation - 25% Individual Presentation - 40% Group Presentation - 35%

LAWG 535 SP Topics in Law 16: Corporate Law Theory (001) (009) Professor Paul B. Miller – English Winter, 3 credits

Description: This course addresses foundational questions of corporate law theory from economic, philosophical, historical and other perspectives. The thematic focus of the course varies from year to year, but amongst other things we may consider questions concerning the nature of the corporation; the historical and contemporary relationship between business, non-profit, governmental, and hybrid forms of corporation; the ways in which corporations implicate and impact fundamental categories of private law (especially property and contract); the ways in which corporations are situated within, and/or problematize, conventional accounts of the relationship between private and public law; and the roles respectively for law, corporate constituents, markets, and formal and informal social norms in shaping the structure, governance, and regulation of corporations.

Prerequisites: Business Associations Format: Seminar Method of Evaluation: Participation: 30%. Presentation: 30%. Final paper: 40%.

LAWG 536 SP Topics in Law 17: Restorative Justice (001) (009) Professor Ronald Niezen – English Winter, 3 credits

Format: Seminar Method of Evaluation: Research paper; take-home final exam.

LAWG 538 SP Topics in Law 19: Sexual Assault Offences (002) (010) McGill University – Faculty of Law Page 47 Course Offerings 2016-2017 Updated May 25, 2016 Me Sara Henningsson, Me Carolyne Paquin – English Fall, 3 credits

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. There will also be particular attention given to conjugal violence cases. 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.

Format: Seminar and Lecture Pre-requisites or Co-requisites: Evidence, Criminal Matters or Evidence, Civil Matters, Criminal Law Method of Evaluation: Class Participation (attendance and discussion) 20%, Term Paper (same topic as your presentation) 50%, Class Presentation 30%

Biography: Sara Henningsson is a practicing litigation attorney since 2003. She is currently a crown prosecutor at the Québec Provincial Crown Office in Montréal and has been since 2007. Her practice is focussed on all crimes of violence but particularly on sexual assault offences and crimes against children. Me Henningsson has also been a visiting lecturer at the McGill Faculty of law for the past few years.

Biographie: Carolyne Paquin est détentrice d'un baccalauréat en droit, de même qu'une maîtrise en droit international. Elle est procureure aux poursuites criminelles et pénales depuis 2003, et à ce titre s'est spécialisée sur les crimes de nature sexuelle. Elle a enseigné par le passé à l'université Mc Gill le cours de droit criminel avancé: crimes sexuels. Elle a donné des conférences et des formations, autant ici qu'à l'étranger, sur ce sujet auprès de la communauté juridique

PUB2 313 Taxation (002) Me Robert Raizenne Fall, 4 credits

Description: This course covers the who, what, when, and how of federal income taxation, with a focus on the policy, politics, and administration of the Canadian tax system and its alignment with global standards.

Format: Lecture Method of Evaluation: TBC

McGill University – Faculty of Law Page 48 Course Offerings 2016-2017 Updated May 25, 2016 PUB2 313 Taxation (001) Me Claudette Allard – English Winter, 4 credits

Description: This course covers the basic principles of Canadian Income Tax Law as they apply to individuals resident in Canada, including the significance and determination of residence; the classification of income by source, such as office and employment, business and property, and taxable capital gains, and the distinctive sets of rules governing each.

Format: Lecture Method of Evaluation: 30% mid-term take home exam, group work, 2 to 3 member groups, to assist only; 70% final exam, sit down, open book.

BUS2 531 Banking Law Me Marc Lemieux Fall, 3 credits

Description: This course focusses on the forms of payment that banks and other participants 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? What rules govern the various forms of payment? 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.

Format: TBA Method of Evaluation: One take-home assignment (worth 33 1/3% of the final grade) and an open-book final exam (worth 66 2/3% of the final grade).

Biography: Me Lemieux is counsel at Dentons Canada and has been practicing banking and payment law for nearly 25 years. He is a member of the Bars of Ontario and Quebec, a former law clerk to Mme Justice L’Heureux-Dubé, a former Editor in Chief of the McGill law Journal and a graduate of the former National Programme of the Faculty of Law of McGill University

McGill University – Faculty of Law Page 49 Course Offerings 2016-2017 Updated May 25, 2016 STUDENT-INITIATED SEMINARS

LAWG 521 Student Led Seminar: (002) Global Health Law Supervisor: Professor Daniel Weinstock Student coordinators: Gregory Corosky, Claire Bentley, Margherita Cina Fall, 3 credits

Description: TBC

Format: Seminar Method of Evaluation (tentative): TBC

LAWG 521 Student Led Seminar: (001) Law and Entrepreneurship Supervisor: Professor Sébastien Jodoin Student coordinators: Margaret Barrett and Saam Pousht-Mashhad Fall, 3 credits

Description: TBC

Format: Seminar Method of Evaluation (tentative): TBC

McGill University – Faculty of Law Page 50 Course Offerings 2016-2017 Updated May 25, 2016 GRADUATE COURSES

ASPL 613 Government Regulations of Air Transport (001) (009) Me Martine De Serres Winter, 3 credits

Description: This course focuses on the domestic and international economic regulation of air transport. Key subjects are: open sky and other bilateral air services agreements, economic regulation of domestic and international air transport including air carrier licensing and authorization, governmental review of tariffs, competition and anti-trust regulations, dynamics of airline alliances, safety, security, environmental regulation, and a wide variety of consumer protection regulations including accessibility requirements, delays, tarmac delays, cancellations, denied boarding, advertising regulations and disclosure requirements, travel agencies and global distribution systems. It also examines why governments regulate or deregulate markets for air transport, how the economics of the aviation sector impact regulatory policies, whether there is a need to harmonize new types of regulations over aviation and how such harmonization could be achieved. The present challenges and trends in the regulatory regime of air transport also are discussed.

Method of Evaluation: Oral Presentation and in-class participation: 25%, in-class participation will be evaluated based on in-class discussions around selected articles and cases. Oral presentations are prepared and delivered in teams of two, using one of the topic distributed in class. Teams and topics are to be selected by students and confirmed by the 3rd week of class, otherwise they will be assigned randomly. Approximate duration of oral presentation: approximately 30 minutes Dates of presentations: Mid to end of March 2017 Final Examination: 75% The final examination is a take-home exam (open-book) due 24 hours from picking up the examination. You may not discuss the examination, nor collaborate with, any other student on the examination

ASPL 614 Airline Business and Law (001) (009) Me Kuan-Wei Chen Fall, 3 credits

Description: This course provides an interdisciplinary overview of the legal, regulatory, business, and managerial issues the fascinating yet challenging airline industry is confronted with. What differentiates the airline industry from other industries, and how has government deregulation impacted the industry? How are prices determined, and how is the airline "product" marketed and distributed? Why has there been a growth of airline partnerships and alliances in recent years? What are the different safety and security measures and consumer and labour laws an airline must comply with? Through interactive lectures and guest speakers from the industry, students will gain understanding of the myriad issues and factors that determine whether an airline flies… or fails.

Format: Lecture Prerequisites: None. McGill University – Faculty of Law Page 51 Course Offerings 2016-2017 Updated May 25, 2016 Method of evaluation: 10% will be based on class participation and a 10 minute presentation on a topic of your choice that is listed in the Outline. 20% of the final grade will be based on a 7-10 page essay on one of the topics listed in the Outline. 70% of the grade in this course will be based on student performance on the final 24-hour take-home examination. 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.

ASPL 632 Comparative Air Law Dr. Ludwig Weber Winter, 3 credits

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. Format: Lecture

Method of Evaluation: In-term assignments (25%) and final examination (75%). Biography: Senior Civil Aviation Policy and Management Adviser / Project Coordinator, International Civil Aviation Organization (ICAO), and Adjunct Professor of Law (McGill University). Formerly Director of the ICAO Legal Bureau, 1995-2004; formerly Legal Counsel of the International Air Transport Association (IATA), 1982-1995. (Comparative Air Law, Private International Air Law, Government Regulation of Air Transport, Aviation Security Law, Aircraft Finance Law, Public International Law, International Aviation Organisations. McGill University – Faculty of Law Page 52 Course Offerings 2016-2017 Updated May 25, 2016

ASPL 633 Public International Air Law (001) (009) Dr. Ludwig Weber Fall, 3 credits

Description: The course in Public International Air Law examines the relevant principles and rules of international law that affect the use of air space and aeronautics.

Method of Evaluation: TBC Biography: Senior Civil Aviation Policy and Management Adviser / Project Coordinator, International Civil Aviation Organization (ICAO), and Adjunct Professor of Law (McGill University). Formerly Director of the ICAO Legal Bureau, 1995-2004; formerly Legal Counsel of the International Air Transport Association (IATA), 1982-1995. (Comparative Air Law, Private International Air Law, Government Regulation of Air Transport, Aviation Security Law, Aircraft Finance Law, Public International Law, International Aviation Organisations.

CMPL 604 International Business Law (001) (009) Prof. Catherine Walsh – English Winter, 4 credits

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 internationally harmonized 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 substantive domains of business law including contracts, insolvency and secured financing, financial market transactions, and intellectual property. Additional issues to be examined include anti-corruption and rule of law initiatives as well as the contested link between economic development and law reform and legal traditions.

Prerequisites: Open to graduate students and to undergraduate students who have completed four terms in the Faculty of Law. Format: Teaching and learning will take place through a combination of instructor and student led presentations and in-class discussions. Method of Evaluation: 15% participation and leadership in class discussions; 10% individual oral presentation; 50% individual research essay or project; 25% final exam.

ASPL 638 Law of Space Applications (001) (009) Professor Ram S. Jakhu - English Winter, 3 credits

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 McGill University – Faculty of Law Page 53 Course Offerings 2016-2017 Updated May 25, 2016 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.

Prerequisites: None (however some knowledge of Public International Law is assumed). Format: Lecture Method of Evaluation: Examination (100%) (or examination 50% and optional paper 50%).

ASPL 639 Government Reg of Space Activities (001) (009) Winter, 3 credits INSTRUCTOR TO BE ANNOUNCED

CMPL 610D1/D2 Legal Research Methodology (009) Professor Frederic Megret - English Fall & Winter, 4 credits

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.

Format: Seminar Method of Evaluation: Multiple assignments, graded on a Pass/Fail basis

CMPL 600 Legal Traditions (009) Me David Howes – English Winter, 4 credits

Description: The concept of a legal tradition. Nature of particular legal traditions, both secular and religious, including the civil and common law. Philosophical foundations of different traditions. Comparative method. Relations between traditions (colonialism, legal pluralism, cross-cultural jurisprudence).

Format: Seminar Method of Evaluation: Class participation; short reflection pieces; seminar presentation; end of term essay.

ASPL 633 Public International Air Law (001) (009) Professor Weber - English Fall, 3 credits

Description: The course in Public International Air Law examines the relevant principles and rules of international law that affect the use of air space and aeronautics. The following topics are reviewed: McGill University – Faculty of Law Page 54 Course Offerings 2016-2017 Updated May 25, 2016

 sources of international air law;  the relevant international aviation organizations and their law-making functions;  the law-making institutions and processes affecting the regime of air space and international air navigational and air transport;  the legal regime of the national and international air space;  the international standards and recommended practices regulating safety, security, air navigation, airports, and the environment;  aircraft accident investigation;  the concept of civil and state aircraft;  State certification and licensing of aircraft and airmen under international standards;  the exchange of air traffic rights; and  dispute resolution.

Method of Evaluation: 75% of the grade will be based on the student’s performance on a 24-hour take- home exam. The remaining 25% will be based on the student’s performance in an in-class moot court presentation.

ASPL 636 Private International Air Law (001) (009) Instructor: TBA Fall, 3 credits

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 revise the 1952 Rome Convention in the Montreal Conventions of 1999, as well as the liability exclusions for airlines and crew set forth in the Tokyo Convention and amendments thereto. Insurance aspects and implications of the air carrier’s international liability will also be addressed.

ASPL 637 Space Law: General Principles (001) (009) Professor Ram S. Jakhu – English Fall, 3 credits

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 McGill University – Faculty of Law Page 55 Course Offerings 2016-2017 Updated May 25, 2016 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. 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%). The criteria for determining each score-grade in examination are based on, or directly related to, the above-mentioned expected “Learning Outcome.” The Paper should be on a topic selected with the prior approval of the instructor for which each student must submit by email ([email protected]) a short paragraph outlining his/her intended topic (1 page maximum). The Paper must be written double-spaced and contain (a) Title page, with the name of the author and course title and number, and a word count (number); (b) Table of contents; (c) Introduction that clearly states the rationale and objectives of the research; (d) Detailed discussion of the subject (issue) of the Paper and review of the literature (material used - official documents, cases, acts and regulations, journal, etc. - must be properly cited using “Canadian Guide to Uniform Legal Citation”); (e) Conclusion; and (f) Bibliography or reference list. The length of the Paper must be between 5,000-6,000 words, exclusive of footnotes and bibliography. A word count (number) must be placed on the title page of the Paper. You may submit your Paper in Word or PDF format. The Paper will be evaluated to assess the student’s ability to analyze and synthesize the material with which he/she works and to exercise legal judgment in applying it to the issues involved in the subject of the Paper. This evaluation is sub-divided into research and analysis (20%), organization and quality of the material presented (20%), and comprehension of subject matter (20%) and awareness of the relevant literature (15%).

CMPL 641 Theoretical Approaches to Law* (009) (For LLM Thesis and Non-Thesis Students only) Professor Vincent Forray - English Fall, 4 credits

Description: Introduction to theoretical reflection on law, legal education, and legal scholarship. The seminar will emphasize the importance of theoretical concerns in all legal scholarship, especially in the definition of research objectives, the choice of research methods, and the framing of conclusions. The seminar is designed to support students’ research by directing their attention to theoretical concerns, and encouraging them to subject their own methodological assumptions to re-evaluation.

Format: Seminar Method of Evaluation: Multiple assessments.

CMPL 641 Theoretical Approaches to Law* (010) (For DCL students only) Prof. Daniel Weinstock – English Fall, 4 credits

Description: This course will consist of close readings of texts representing some of the main theoretical traditions in the study of law. The course will be run in a seminar style, with students leading off discussions of assigned materials. In 2016, we will be studying texts in analytical jusrisprudence (Liam Murphy and Frederick Schauer), Feminism (Jennifer Nedelsky) and Critical Theory (Jurgen Habermas).

Method of Evaluation: There will be a short take-home exam at the end of each segment of the course. Additionally, each student will select a work drawn from a list that will have been provided at the McGill University – Faculty of Law Page 56 Course Offerings 2016-2017 Updated May 25, 2016 beginning of term, and representing theoretical approaches not covered in depth during the course, and will write a critical analysis of that work.

*CMPL 642 Law & Healthcare (009) (010) * Linked to LAWG 539 Professor Lara Khoury Winter, 3 credits

Prerequisites: None Format: Seminar Method of Evaluation: Take-home assignments.

McGill University – Faculty of Law Page 57 Course Offerings 2016-2017 Updated May 25, 2016 WRITING COURSES

WRIT 491 Term Essay 1 (001) Summer, Fall or Winter, 3 credits

Description: See description below.

WRIT 492 Term Essay 2 (001) Summer, Fall or Winter, 3 credits

Description: See description below.

WRIT 493 Term Essay 3 (001) Summer, Fall or Winter, 3 credits

Description: See description below.

WRIT 494 Term Essay 4 (001) Summer, Fall or Winter, 3 credits

Description: See description below.

WRIT 495 Term Essay 5 (001) Summer, Fall or Winter, 3 credits

Description: See description below. McGill University – Faculty of Law Page 58 Course Offerings 2016-2017 Updated May 25, 2016

WRIT 496 Term Essay 6 (001) Summer, Fall or Winter, 3 credits

Description: Students who have completed one year in the program may elect, with the permission of the Associate Dean (Academic), to write an essay for credit. It is the responsibility of applicants to arrange with a full-time member of the Faculty to act as a Supervisor for their essays (see below for a list of the subject areas which individual professors have indicated an interest in supervising). Supervisory resources are limited, so it is best to approach potential supervisors as early as possible.

Application forms are available on the SAO website. A proposed table of contents, a clear statement of the essay thesis, and a preliminary bibliography of sources must be appended to the application form and approved by the supervisor before the application is submitted. Applications are to be submitted to the SAO on or before September 9, 2016 for the Fall Term, January 13, 2017 for the Winter Term and May 12, 2017 for the Summer Term.

Registration: Students must register in the appropriate term essay course on Minerva. The SAO will only contact should the application be refused or additional information required.

Essays are due on or before the fifth working day prior to the last working day of the examination period for the term in which the essay is being written. Final essays are due December 14, 2016 (Fall term), April 24, 2017 (Winter term) and August 14, 2017 (Summer term).

Students may not register for more than two Term Essays in any given term. If two term essays are completed in the same term, they must be supervised by two different professors.

WRIT 400 D1 & WRIT 400 D2 Senior Essay (001) Any two consecutive terms, 6 credits

Description: Students may, with the permission of the Associate Dean (Academic), and on conditions set from time to time by the Faculty, elect to write a senior essay. This essay must have a scope and ambition sufficient to constitute a major element in the student's legal education. It is expected that the senior essay will focus on an area in which the student already has acquired significant training. To be eligible to write a senior essay, a student must have completed at least two years in the program; a student will normally have written at least one independent term essay before undertaking to write a senior essay. Only one such essay may be submitted for credit throughout a student's law studies. It is the responsibility of applicants to arrange with a full-time member of Faculty to act as supervisors for their essays (see below for a list of the subject areas for which individual professors have indicated an interest in supervising).

McGill University – Faculty of Law Page 59 Course Offerings 2016-2017 Updated May 25, 2016 Application forms are available on the web. Applications must include a proposed table of contents, a detailed research proposal of 750-1000 words, and a preliminary bibliography of sources.

Registration: Students must register in the appropriate term essay course on Minerva. The SAO will only contact should the application be refused or additional information required.

Term: Senior essays must be written over a period of two terms (fall-winter, winter-summer, or summer-fall).

Applications are to be submitted to the SAO on or before September 9, 2016 for the Fall Term, January 13, 2017 for the Winter Term and May 12, 2017 for the Summer Term.

This is a Full-year course. Students must register for BOTH parts of the course. No credit will be granted unless all parts of the course are completed.

WRIT 520 Writing and Drafting Project (001) Summer, Fall or Winter, 1 credits

Description: A one-credit add-on to existing substantive courses in the Faculty of Law. Students undertake one or more writing exercises, e.g. drafting opinion letters or research memoranda. This add-on may be used once only, in the final year of study, with the permission of the Associate Dean (Academic). For undergraduate students, the project must relate to a course successfully completed in a previous term and must be supervised by a Faculty instructor with expertise in the area.

Applications are to be submitted to the SAO on or before September 9, 2016 for the Fall Term, January 13, 2017 for the Winter Term and May 12, 2017 for the Summer Term.

Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

McGill University – Faculty of Law Page 60 Course Offerings 2016-2017 Updated May 25, 2016

Please note that the following professors have expressed an interest in supervising essays in the following areas:

Professor Wendy Adams: Law and popular culture; animal law; common law obligations. (ON LEAVE)

Professor Payam Akhavan: International law, UN reform, comparative law, human rights, laws of war, law and society, transitional justice, prevention of genocide, Islam and the West, and international criminal law.

Professor Kirsten Anker: Aboriginal peoples and the law; property theory; law and society studies. (ON LEAVE)

Professor Mark Antaki: Law and aesthetics; law and language; legal education; history of legal and political thought; philosophy and rhetoric of law; some topics in socio-legal studies; some topics in public law, international law.

Professor Frédéric Bachand: Domestic and international arbitration; civil procedure; evidence; private international law; legal interpretation.

Professor Andrea Bjorklund: International arbitration and litigation, international trade and international investment.

Professor Adelle Blackett: Labour Law, Trade Regulation, International Development Law, Law of International Organizations, and Critical Race Theory.

Me Daniel Boyer: Legal research and writing; computer assisted legal research; heritage preservation; legal bibliography

Professor Allison Christians: Domestic and international tax law and policy, socio-economic rights, policy, and development, globalization, international law and institutions, tax theory and norm development, networks, norms, and legal change. (ON LEAVE)

Professor Angela Campbell: Health Law (especially topics related to public health, women’s health, children’s health, reproductive technologies and surrogacy, social and economic determinants of health), Family Law, Criminal Law, Children and the Law, Feminist Legal Theory, Wills and Successions.

Professor François Crépeau: international and domestic human rights law, international migration and refugee law, international minorities law

Professor Armand de Mestral: Emeritus Professor, Jean Monnet Professor. International Trade Law; Public International Law; Law of the Sea; International Environmental Law; Constitutional Law and Comparative Constitutional Law; European Community Law; The Law of International Economic Integration; International Humanitarian Law.

McGill University – Faculty of Law Page 61 Course Offerings 2016-2017 Updated May 25, 2016 Professor Helge Dedek: Private law, particularly the law of (contractual) obligations; European private law; private law theory; legal history; legal traditions; Roman law; legal education

Professor Jaye Ellis: International environmental law; public international law; international legal theory; international law/international relations theory

Professor Yaëll Emerich: Property law, Secured transactions, Comparative law, Legal theory, Jurilinguistics.

Professor Kun Fan: Alternate dispute resolution, law and society, Chinese law and culture.

Professor Vincent Forray: contract law, torts law, civil law of obligations and consumer law.

Professor Evan Fox-Decent: Legal and political theory, the rule of law, administrative law, the law of fiduciaries, First Nations and the law, human rights.

Professor Fabien Gélinas: Constitutional law, constitutional and legal theory, law of international business contracts, transnational law and international arbitration.

Professor E. Richard Gold: Common law property; intellectual property; international intellectual property; patents; biotechnology

Professor Ram Jakhu: Air and Space Law, International Telecommunication Law, Public International Law, Canadian Communications Law, Canadian Immigration Law

Professor Richard Janda: Public Goods, Corporate Social Responsibility, Theories of Justice

Professor Sebastien Jodoin: Transnational law and governance, environmental law and governance, human rights and the environment, climate change, corporate law and governance, business law and strategy, policy change, and socio-legal theory and methods.

Professor Rosalie Jukier: Contractual Obligations including Remedies, Civil Procedure and Principles of Judicial Institutions, Legal Traditions, Legal Pedagogy

Professor Daniel Jutras: Tout le droit des obligations, en droit civil et en common law (Contrats, responsabilité civile, enrichissement injustifié); Procédure civile, (y compris accès à la justice, recours collectifs, etc); Institutions judiciaires (Cour suprême, indépendance, éthique des juges, etc); Aspects comparatifs ou sociologiques du droit des obligations et de la procédure civile. In French or in English. (ON LEAVE)

Professor Lara Khoury: Extra-contractual obligations, medical liability and health law

Professor Alana Klein: Domestic and international human rights (particularly social and economic rights); health law (particularly public health and HIV/AIDS), comparative constitutional law; law and poverty; criminal law.

Professor Hoi Kong: Public Law Theory, Comparative Law, Constitutional Law, Administrative Law, Municipal Law, Land Use Planning Law. McGill University – Faculty of Law Page 62 Course Offerings 2016-2017 Updated May 25, 2016

Professor Helena Lamed: Insurance Law, experiential learning, legal research and writing, legal ethics and advocacy.

Professor David Lametti: Intellectual Property, Copyright and Trademarks; Civil Law Property; Private Law Theory (Common Law and Civil Law); Legal Theory and Legal Philosophy. (ON LEAVE)

Professor Robert Leckey: Family law, constitutional law

Professor Marie Manikis: Criminal law, human rights, victims, sentencing and criminal justice.

Professor Frédéric Mégret: International Law of Human Rights, International Criminal Law.

Professor Paul B. Miller: Philosophy of Private Law, Fiduciary Law, Trusts, Business and Non- Profit Organizations

Professor Pierre-Emmanuel Moyse: Property law, history of property law, intellectual and industrial property law, competition & commercial law

Professor Victor Muñiz-Fraticelli (joint appointment with Political Science) : Legal political, and moral theory, legal philosophy and jurisprudence, theories of justice; legal pluralism, religion and the law; history of legal and political thought.

Professor Vrinda Narain (joint appointment with the Faculties of Law and of Arts): Constitutional law, Feminist Legal Theory, Social Diversity and Law, Post Colonial Studies and Law, Critical Race Theory, Muslim Family Law, Multiculturalism, Topics/Laws related to India.

Professor Ronald Niezen (joint appointment with the Faculties of Law and of Arts):

Professor Tina Piper: Patent and copyright law, legal history, history of medicine, science and technology studies.

Professor René Provost: Public International Law; International Human Rights Law; Humanitarian Law of Armed Conflict; International Criminal Law; International Environmental Law; Legal Pluralism; Legal Anthropology

Professor Nandini Ramanujam: Rule of Law and Development, Critical Engagement with Discourses in Human Rights, Economic Justice, Comparative Perspectives on Corruption across Brazil, Russia, India and China, Role of Civil Society and the Fourth Estate (Media) in promotion of Rule of law, Exploration of interconnections between field based human rights work and theoretical discourses.

Professor Geneviève Saumier: Private International Law; International Litigation and Civil Procedure; Class Actions; Civil Liability; International Family Law; Products Liability; Consumer Law; Arbitration

McGill University – Faculty of Law Page 63 Course Offerings 2016-2017 Updated May 25, 2016 Professor Colleen Sheppard: Constitutional law, Human rights (especially equality rights), Labour Law (workplace discrimination issues), Feminist legal theory; Comparative Constitutional Law (especially Canada-U.S.), Indigenous rights.

Professor Lionel Smith: Private law, especially the law governing unjust enrichment, corporations, loyalty and trusts, and gifts, including the philosophical foundations of private law.

Professor Stephen Smith: Commercial Transactions, Contracts, Legal Theory, Private Law generally, the law of Remedies

Professor Shauna Van Praagh: Children and Law; Extra-contractual Obligations/Tort Law; Religion and Law; Feminist Legal Theory; Legal Education

Professor Catherine Walsh: Secured Transactions, Conflict of Laws or Private International Law, International Unification of Private Commercial Law.

Professor Mark Walters: TBC

Professor Daniel Weinstock: Social and political philosophy; ethics of public policy; ethics of nationalism; foundations of international ethics politics of language and identity; democracy, citizenship, and pluralism; justice in multinational states; accommodation of cultural and moral diversity in democratic societies

McGill University – Faculty of Law Page 64 Course Offerings 2016-2017 Updated May 25, 2016 GROUP ASSISTANTS & TUTORIAL LEADERS WRIT 048 Group Assistants (001) Various professors Fall and/or Winter, 2 credits

Description: A limited number of candidates who have completed two years in the program may elect once only, with the permission of the Associate Dean (Academic), to serve as Group Assistants in an approved course.

Prerequisites: Two years in the program Method of Evaluation: Pass/Fail. The instructor will appraise the quality of assignments performed by each group assistant. Teaching Hours: As arranged.

Application Form: Must be completed with the supervising professor and submitted to the SAO. Registration: Positions will be advertised by individual professors in the Faculty starting in April via the SAO biweekly email, The ASC. If selected, students will be issued a permit to register on Minerva.

For Student Initiative Seminars, student conveyors must register for a GA in the term prior to the SIS course being offered. Requires Associate Dean (Academic) approval.

WRIT 016 D1 & WRIT 016 D2 Legal Methodology Teaching Group I (First Year) (001) Faculty Supervisor: Prof. Helena Lamed – English & French Fall & Winter, 4 credits

Description: Not open to students who have taken WRIT 017D1/D2. Fourteen upper year students who have completed at least two years in the program may register in this course, with the permission of the Associate Dean (Academic). Students registered in Legal Methodology Teaching Group 1 (first-year) are responsible for a significant portion of the instructional component of the Introductory Legal Research course.

In addition to the teaching component of the course, students are also responsible for assisting first-year students in adapting to their studies in the Faculty of Law and for drafting research and writing assignments, under the supervision of the course instructor. Their responsibilities therefore include encouraging the creation of a supportive environment between first-year student members of each small group and detecting and addressing emotional or academic difficulties in adapting to law school.

Prerequisites: Completion of at least two years in the program, fluency in English and French, academic achievement in the Faculty of Law, leadership qualities, strong interpersonal skills, demonstrated ability in legal research and writing, and teaching experience. Persons interested in serving as members of the Teaching Group must apply to the Faculty Director in the winter preceding service. Selection is based on the applicants' resume, grades and an interview. Seminar: Tutors will meet every week as a group McGill University – Faculty of Law Page 65 Course Offerings 2016-2017 Updated May 25, 2016 Method of Evaluation: Graded evaluation based on overall performance in the course. This is a Full-year course. Students must register for both parts of the course. No credit will be granted unless all parts of the course are completed.

WRIT 017 D1 &WRIT 017 D2 Legal Methodology Teaching Group II (Second Year) Faculty Supervisor: Prof. Helena Lamed – English & French Fall & Winter, 4 credits

Description: Not open to students who have taken WRIT 016. A minimum of eight upper-year students who have completed at least two years in the program may register in this course, with the permission of the Associate Dean (Academic). Students registered in Legal Methodology Teaching Group 2 (Second Year) are responsible for a significant portion of the instructional component of the Legal Ethics & Advocacy course. The tutors will meet with their group of second-year students for one hour on a regular basis. They will also meet periodically with the Instructor. All second-year groups are taught in both English and French.

Prerequisites: Completion of at least two years in the program, fluency in English and French, academic achievement in the Faculty of Law, interpersonal and organizational skills, demonstrated ability in legal research and writing, and teaching experience. Persons interested in serving as members of the Teaching Group must apply to the Faculty Director in the winter preceding service. Selection is based on the applicants' resume, grades and an interview.

Format: Tutors will meet every week as a group Method of Evaluation: Graded evaluation based on overall performance in the course

McGill University – Faculty of Law Page 66 Course Offerings 2016-2017 Updated May 25, 2016 LEGAL CLINIC

Legal Clinic I (001) Faculty Supervisor: Prof. Helena Lamed (001) WRIT 433 D1 & WRIT 433 D2: Fall and Winter, Winter and Summer, OR Summer and Fall, 6 credits WRIT 433: Summer session, 6 credits

Description: A limited number of candidates who have completed two years in the program may elect, only once, with the permission of the Dean or the Dean’s delegate, to work for credit in an approved clinic related activity. Applications are made in the Winter term preceding the academic year in which the clinic is undertaken. Not open to students who have taken Legal Clinic II or Legal Clinic III.

The Legal Clinic course gives students an opportunity to enrich their legal education through practical work experience in law. Students work in various community organizations and legal clinics providing legal information and assistance to socially disadvantaged individuals and groups. The course promotes a deeper understanding of the legal system's response to poverty and inequality. Students are confronted with the social reality of access to justice and the interrelationship between legal concerns and economic, psychological, ethical and other social problems. The course also allows students to pursue work in organizations devoted to promoting and researching public interest law.

Students principally provide legal assistance in areas of the law affecting the lives of economically and socially disadvantaged individuals and groups. These areas typically include family, consumer, income security and social welfare, landlord-tenant, workers' compensation, unemployment insurance, immigration, environmental and human rights law.

Method of Evaluation: Grading will be on a Pass/Fail basis, based on evaluation by supervising lawyer and written reports by the student.

Registration: Selected students will be assigned a “Permit to Register” will allow registration on Minerva. The permit is assigned by the SAO.

WRIT 434 LEGAL CLINIC II (001) Faculty Supervisor: Prof. Helena Lamed Summer, Fall or Winter, 3 credits

Description: See Legal Clinic I. Not open to students who have taken Legal Clinic I.

McGill University – Faculty of Law Page 67 Course Offerings 2016-2017 Updated May 25, 2016 WRIT 435 LEGAL CLINIC III (001) Faculty Supervisor: Prof. Helena Lamed Summer, Fall or Winter, 3 credits

Description: See Legal Clinic I. Not open to students who have taken Legal Clinic I.

McGill University – Faculty of Law Page 68 Course Offerings 2016-2017 Updated May 25, 2016 LAW JOURNALS Supervising Instructors: TBA

McGill Law Journal, the McGill Journal of Law and Health and the McGill International Journal of Sustainable Development Law and Policy

Description: Students who have been recommended for the various positions on the McGill Law Journal, the McGill Journal of Law and Health and the McGill International Journal of Sustainable Development Law and Policy are granted credits on an equivalence basis upon approval by the Associate Dean (Academic). Credits are awarded for the positions listed below.

All of the journal positions below are full-year courses. Students must register for both parts of the course. No credit will be granted unless all parts of the course are completed.

Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

WRIT 330D1 & WRIT 330D2 Editor-in-Chief 1 (001) Fall and Winter, 4 credits

WRIT 001D1 & WRIT 001D2 Editor-in-Chief 2 (001) Fall and Winter, 6 credits

WRIT 331D1 & WRIT 331D2 Executive Editor 1 (001) Fall and Winter, 4 credits

WRIT 002D1 & WRIT 002D2 Executive Editor 2 (001) Fall and Winter, 5 credits

WRIT 332D1 & WRIT 332D2 Managing Editor 1 (001) Fall and Winter, 4 credits

WRIT 003D1 & WRIT 003D2 Managing Editor 2 (001) Fall and Winter, 6 credits

WRIT 334D1 & WRIT 334D2 Specialized Editor 1 (001) Fall and Winter, 2 credits

McGill University – Faculty of Law Page 69 Course Offerings 2016-2017 Updated May 25, 2016

WRIT 009D1 & WRIT 009D2 Specialized Editor 2 (001) Fall and Winter, 4 credits

WRIT 004D1 & WRIT 004D2 Senior Editor 2 (001) Fall and Winter, 3 credits

WRIT 011D1 &WRIT 011D2 Junior Editor (001) Fall and Winter, 3 credits

WRIT 333D1 & WRIT 333D2 Senior Editor 1 (001) Fall and Winter, 2 credits

WRIT 005D1 & WRIT 005D2 Senior Manager (001) Fall and Winter, 2 credits

WRIT 010D1 & WRIT 010D2 Junior Manager (001) Fall and Winter, 2 credits

WRIT 500 (001) Editorial Assistant 1 *For the American Journal of Comparative Law only. Fall and Winter, 3 credits

WRIT 501 (001) Editorial Assistant 2 *For the American Journal of Comparative Law only. Fall and Winter, 2 credits

McGill University – Faculty of Law Page 70 Course Offerings 2016-2017 Updated May 25, 2016 MOOT COMPETITIONS

PRAC 510 Advanced Mooting I (001) Faculty Supervisor: Professor H. Lamed Fall or Winter, 3 credits

Description: Participation, under Faculty supervision, in an advanced mooting competition approved for this purpose by the Dean. Students may register for Advanced Mooting a maximum of twice.

Method of Evaluation: Pass/Fail, Factum and oral presentations Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

PRAC 511 Advanced Mooting II (001) Faculty Supervisor: Professor H. Lamed Fall or Winter, 3 credits

Description: Participation, under Faculty supervision, in an advanced mooting competition approved for this purpose by the Dean. Students may register for Advanced Mooting a maximum of twice.

NOTE: The courses Advanced Mooting I and II apply to approved mooting competitions, which may include the Concours Davies, Philip Jessup International Law Moot, Tribunal-École Pierre-Basile Mignault, Concours Charles-Rousseau, Laskin Moot Court Competition, the Sopinka Cup, the Wilson Moot, the Vis Moot and the Kawaskimhon Moot . The selection of the candidates takes place in the Spring preceding the academic year in which the competition takes place.

McGill University – Faculty of Law Page 71 Course Offerings 2016-2017 Updated May 25, 2016 COURT AND ADMINISTRATIVE TRIBUNAL CLERKSHIPS

WRIT 440 D1 & WRIT 440 D2 Clerkship A (001) Faculty Supervisor: Associate Dean (Academic) Fall and Winter, 6 credits

Description: Students having completed four terms in the Law Faculty and not having taken Clerkship B, may complete a clerkship under general Faculty supervision. Clerkships provide an opportunity to work as a research assistant for a judge or a member of an administrative tribunal from September to early April, with an interruption for examinations.

Clerkships are prestigious positions that will be awarded to the best applicants by the Dean or Dean's delegate. The courses entail doing a minimum of eight hours of research and memorandum writing per week with periodic meetings with the judge (total 200 hours). Evaluation will be made on a pass/fail basis by the Dean or Dean's delegate in consultation with the judge. Halfway through the clerkship and at the end, the students must report to the Faculty supervisor (report forms available on the SAO website).

Applications are usually made in the spring before the academic year in which the clerkship is undertaken. Students forego their right to drop the course at the beginning of first and second term. Students undertake, if selected, to complete all enrolment requirements. They will have to take an oath to maintain the confidentiality of information acquired as court clerks and must avoid conflicts of interest, in particular with law firms

Prerequisites: Open to students who have completed at least 2 years of the BCL/LLB program, and all first and second year required courses. Les stages auprès de la magistrature sont réservés aux étudiants et aux étudiantes de troisième et quatrième année ayant complété leurs activités obligatoires de recherche et de rédaction juridiques (« Introductory Legal Research » et « Legal Ethics and Advocacy »). Cette activité clinique leur permet de consolider leurs acquis tout en acquérant une solide expérience de l’administration de la justice. Method of Evaluation: Pass/Fail Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

WRIT 441 Clerkship B (001) Faculty Supervisor: Associate Dean (Academic) Summer, Fall or Winter, 3 credits

Description: See Clerkship A, above. In exceptional cases, students may be selected to complete a one- semester clerkship with a local court or administrative tribunal during the Fall or Winter semester. The courses entail doing a minimum of eight hours of research and memorandum writing per week with periodic meetings with the judge (total 100 hours).

McGill University – Faculty of Law Page 72 Course Offerings 2016-2017 Updated May 25, 2016 Ad hoc clerkships: Students may propose a self-organized clerkship at a court or administrative tribunal outside Montreal, to take place during the summer term. Students must complete a minimum of 200 hours during the summer term.

Prerequisites: Two years in the program Method of Evaluation: Pass/Fail

Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

McGill University – Faculty of Law Page 73 Course Offerings 2016-2017 Updated May 25, 2016 HUMAN RIGHTS INTERNSHIP WRIT 020 The McGill International Human Rights Internship (Approval required) WRIT 021 Independent Human Rights Internship (Approval required) Faculty Supervisor: Professor Nandini Ramanujam Summer 2017, 3 credits

Description: The Program consists of (3) credits during the summer semester and three (3) credits in the fall semester. The three (3) summer credits go towards the 12-week field placement and a short Internship report. The remaining three (3) fall credits count for the seminar course leading to a research paper. Applications are normally due at the end of October for the following summer.

N.B. The total number of non-course credits taken throughout the BCL/LLB program may not exceed 15. Human Rights Internships only counts for three non-course credits.

More information may be found at: http://www.mcgill.ca/law-studies/undergrad-programs/clinical-legal- education/international-human-rights-internship-program

Internship Report: Interns must submit a written detailed report to the Human Rights Internship Program Coordinator by September 30. Students must register for the course “Critical engagements with Human Rights” (LAWG 505) in the Fall semester following their internship.

Method of Evaluation: Pass/Fail Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO. Course numbers may vary from year to year.

McGill University – Faculty of Law Page 74 Course Offerings 2016-2017 Updated May 25, 2016 HONOURS COURSES WRIT 450 Honours Thesis 1 (001) Fall or Winter, 3 credits

Description: Preparation of honours thesis proposal and literature review. Restrictions: Students must be accepted into the Honours program. Method of Evaluation: The thesis supervisor will appraise the quality of the work performed by the student. Grading will be on a Pass/Fail basis.

WRIT 451 Honours Thesis 2 (001) Various professors (001) Fall or Winter, 6 credits

Description: Thesis research report. Restrictions: Students must be accepted into the Honours program. Prerequisite: Honours Thesis 1

Method of Evaluation: The thesis supervisor will appraise the quality of the work performed by the student. Grading will be on a Pass/Fail basis.

WRIT 452 Honours Thesis 3 (001) Various professors Fall or Winter, 6 credits

Description: Completion of Honours thesis. Restrictions: Students must be accepted into Honours program. Prerequisites: Honours Thesis 1 and Honours Thesis 2

Method of Evaluation: The thesis supervisor and another examiner will appraise the quality of the work performed by the student. Grading will be on a Pass/Fail basis. The standard for obtaining a Pass reflects the goal of the Honours program: the thesis must qualify as a substantial work of publishable quality.

Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

McGill University – Faculty of Law Page 75 Course Offerings 2016-2017 Updated May 25, 2016 MAJOR INTERNSHIPS The Major internships give students enrolled in a Major program an opportunity to enrich their legal education through practical work experience in the field of study of their Major. Students work in various organizations, under the guidance of an on-site supervisor. Each internship entails doing a minimum of 200 hours, with periodic meetings with the on-site supervisor. Evaluation is made on a pass/fail basis by the Faculty supervisor in consultation with the on-site supervisor. Halfway through the internship and at the end, students must report to the Faculty supervisor (report forms are available on the SAO website).

Applications are usually made in the summer preceeding the academic year in which the internship is undertaken. Students who have been selected for an internship must register in the appropriate course on Minerva. For further information, contact the Student Affairs Office. N.B. Students are not permitted to locate and secure their own internship.

WRIT 300 Major Internship (001) Faculty Supervisor:Associate Dean (Academic) Summer, Fall and/or Winter, 6 credits

Description: A limited number of students in their fourth year of the program, with permission of the Director (Student Life and Learning), work once as an intern in an approved internship relating to their Major concentration. Internships take place in the final summer or academic year of the program.

Restrictions: Students must be enrolled in a Major program. Method of Evaluation: Grading is on a Pass/Fail basis, based on evaluation by supervisors and written reports by the student. Registration: Selected students will be assigned a “Permit to Register” that will allow registration on Minerva. The permit is assigned by the SAO.

Please note that international students are required to apply for a co-op/internship permit in order to participate in the internship. Please see the Office of International Student Services website for information on how and when to apply. McGill University – Faculty of Law Page 76 Course Offerings 2016-2017 Updated May 25, 2016 COURSE OFFERINGS 2016-2017 Evidence (Criminal Matters) Extrajudicial Dispute Resolution FIRST YEAR UNDERGRADUATE MANDATORY COURSES Family Law Family Property Law Constitutional Law Immigration & Refugee Law Contractual Obligations Intellectual and Industrial Property Criminal Justice International Criminal Law Extra-Contractual Obligations International Environmental Law & Politics Foundations International Humanitarian Law Integration Workshop International Law of Human Rights International Taxation SECOND YEAR UNDERGRADUATE MANDATORY COURSES Judicial Review of Administrative Action Jurisprudence Advanced Civil Law Obligations Labour Law Advanced Common Law Obligations Law and Practice of International Trade Common Law Property Legal Education Seminar Legal Ethics and Advocacy Legal Research Methodology Legal Theory OTHER UNDERGRADUATE MANDATORY COURSES Medical Liability Private International Law Business Associations Propriété intellectuelle Criminal Law Public International Law Droit des Affairs Remedies Judicial Institutions and Civil Procedure Resolution of International Disputes Secured Transactions UNDERGRADUATE COMPLEMENTARY & ELECTIVE Securities Regulation COURSES Sentencing in Canadian Law Student Initiative Seminar Aboriginal Peoples & the Law Specialized Topics in Law 6: Meditation Administrative Process (The) Specialized Topics in Law 6: Anatomy of a Advanced Criminal Law Murder Trial Advanced Torts Specialized Topics in Law 7: Slavery & the Law Banking Law Specialized Topics in Law: Agency Law Bankruptcy & Insolvency Specialized Topics in Law 8: Seminar in Property Canadian Charter of Rights & Freedoms Law Civil Liberties Specialized Topics in Law 8: Abritation & Courts Civil Litigation Workshop Specialized Topics in Law 16: Corporate Law Commercial Law Theory Communications Law Specialized Topics in Law 16: Governance of Corporate Taxation Corporation: Contemporary Criminal Procedure Specialized Topics in Law: Agency Law Critical Engagements with HR Specialized Topics in Law 17: Restorative Justice Droit de la Famille Specialized Topics in Law 17: Recours Collectif Employment Law Specialized Topics in Law 18: Innovations Environment and the Law Specialized Topics in Law 18: International Law Equity and Trusts & Development European Union Law I Specialized Topics in Law 19: Empirical Methods Evidence (Civil Matters) McGill University – Faculty of Law Page 77 Course Offerings 2016-2017 Updated May 25, 2016 Specialized Topics in Law 19: Sexual Assault Legal Clinic 1 Offences Legal Clinic 2 Specialized Topics in Law 20: Political Law Legal Clinic 3 Specialized Topics in Law 20: Law & Health Care Specialized Topics in Law 20: Questions LAW JOURNALS Approfondies de Droit Constitutionnel Specialized Topics in Law 20: Law and Health Editor-in-Chief 1 Care Editor-in-Chief 2 Statutory Interpretation Executive Editor 1 Sustainable Development Law Executive Editor 2 Taxation Managing Editor 1 Theories of Justice Managing Editor 2 Trial Advocacy Specialized Editor 1 Specialized Editor 2 GRADUATE COURSES Senior Editor 1 Senior Editor 2 Airline Business and Law Junior Editor Comparative Air Law Senior Manager Government Regulation of Air Transport Junior Manager Government Regulation of Space Activities Editorial Assistant 1 International Business Law Editorial Assistant 2 Law and Health Care Law of Space Applications MOOT COMPETITIONS Legal Research Methodology Legal Traditions Advanced Mooting 1 Private International Air Law Advanced Mooting 2 Public International Air Law Space Law: General Principles COURT AND ADMINISTRATIVE TRIBUNALS CLERKSHIP Theoretical Approaches to Law Clerkship A WRITING COURSES Clerkship B

Term Essay 1-6 HUMAN RIGHTS INTERNSHIPS Senior Essay Writing and Drafting Project International Human Rights Internships

GROUP ASSISTANTS & TUTORIAL LEADERS XIV: HONOURS COURSES

Group Assistants Honours Thesis 1 Legal Methodology Teaching Group 1 (First- Honours Thesis 2 Year) Honours Thesis 3 Legal Methodology Teaching Group 2 (Second- Year) MAJOR INTERNSHIPS

LEGAL CLINIC Major Internships

McGill University – Faculty of Law Page 78 Course Offerings 2016-2017 Updated May 25, 2016

Important Notes

The following courses may be taken only twice during a student's law program: Legal Clinic (3 credits) and Research Seminars.

The following courses can be taken only once: Group Assistants, Legal Methodology Teaching Groups, Clerkships, Legal Clinic (6 credits) and Student-Initiated Seminars.

Veuillez noter que les cours ayant une inscription de moins de 10 étudiants risquent d’être annulés. Les cours ayant une inscription de douze ou moins juste avant le début de la session seront très probablement annulés.

Enrolment numbers will be looked at early in the semester; courses with enrolment of less than 10 will very likely be cancelled. We will not cancel courses less than three full working days prior to the end of the add-drop period.

Satisfactory/Unsatisfactory Option

The S/U Option may be applied to Law and non-law Electives and Law Complementary courses within the B.C.L./LL.B. Program. The S/U Option is limited to one course in the program for a max of 4 credits. Students are NOT permitted to choose the S/U Option for Required Courses. Be aware that a D is a fail and translates to “Unsatisfactory” under this option.

If you decide to have a course graded as Satisfactory/Unsatisfactory (S/U), you must do so before the Course Change deadline on Minerva (www.mcgill.ca/minerva) as part of the Student Menu > Registration Menu > Quick Add or Drop Course Sections Menu. You cannot make any changes after the Course Change deadline even if you selected the option by mistake.

The Satisfactory/Unsatisfactory option is not open to graduate students.

For more information, http://www.mcgill.ca/law-studies/courses-registration- exams/registration#S/U.