Faculty of Law / The University of Manitoba SYLLABUS CANADIAN LEGAL HISTORY History 3780/Law 3410 WINTER 2012 DeLloyd J. Guth, Ph.D. Professor of Law and Legal History Office: 305I, Robson Hall: Thursdays 11:30 a.m. ‐ 3:00 and by appointment (474‐ 6149 or 488‐7477 or email = [email protected]) Class Meets: Thursdays 4:00‐7:00 p.m., Room 204, Robson Hall (or occasionally at Guth's home). MISSION: TO EXPAND YOUR SELF‐SUFFICIENT PRIMARY EVIDENCE RESEARCH‐WRITING SKILLS AND YOUR SELF‐CONFIDENCE, FOR THE BENEFIT OF FUTURE CLIENTS AND PRESENT READERS! THIS COURSE WILL BETTER INFORM YOU ON SELECT SUBSTANTIVE AND PROCEDURAL AREAS OF LAW, THEIR ORIGINS AND DEVELOPMENT: ABORIGINAL, ENGLISH, FRENCH, CANADIAN, MANITOBAN. PURPOSE: Canada's history has been best documented in matters legal and judicial, if only because law creates systems with procedures that construct authoritative records for human activities. This course offers both substantive and methodological contents in a chronological manner, working with primary evidence in Winnipeg's abundant legal‐judicial archives and libraries, wherever possible. REQUIREMENTS AND EVALUATION: This is an interdisciplinary course centered in the professional, postgraduate curriculum of the Faculty of Law, cross‐listed for credit in the Department of History. There are no course pre‐requisites. (a) Each LAW STUDENT will be graded on individual performance for TWO RESEARCH ESSAYS (25% of total course grade = 1st essay, 60% = 2nd essay), plus TWO ORAL REPORTS on assigned articles and general class participation (10%) and the “Old Bailey” criminal law case search (5%); a confidentially communicated evaluation or progress report will be available whenever the student requests it. The two essays must be submitted in draft form on or before fixed deadlines; they will be corrected, criticized and returned without grades, to allow for revision and re‐thinking; and the final versions, along with the drafts, will be due on or before the first day of Final Exams, Wednesday 11 April 2012. (b) Each HISTORY STUDENT has a departmental requirement for a final (take‐home) exam based on all course work and readings, worth 30% of the total grade; the first essay, based on the Jesuit Relations is worth 25% and the second research essay will also be worth 30% of the final grade, but this second essay needs to be only 8‐10 pages long; with 10% of the final grade based on class participation and the two oral reports noted above and 5% for the “Old Bailey” criminal law case search. (c) If late submission of one or more essays requires any deferral, this must be obtained respectively by law students from the Associate Dean, Faculty of Law, and by history students from the Head, Department of History, after consultation with the teacher. The course withdrawal deadline is Friday 16 March 2012 for both law students and for history students without academic penalty; and evaluative information to that date will be available upon request to Professor Guth. History students who wish to appeal a grade given for course work must do so within ten (10) working days of the semester=s work grade first being made available to them. 1 (d) The teacher of this course strictly enforces the rules on plagiarism, cheating, and essay or examination impersonation defined under “Section 8: Academic Integrity” of this University's Undergraduate Calendar, 2011‐2012, as well as the “Student Discipline Bylaw” at pp. 19‐20, ibid. The common penalty in the Faculties of Arts and Law for plagiarism in a written assignment, test, or examination is F on the paper and F for the course: this includes the purchase of an essay or cheating on a test or examination; and student work suspected of being plagiarised may be searched on Internet sites designed to detect plagiarism. (e) Each student is free to choose a topic for the FIRST ESSAY (see Syllabus for the First Week in January and the JESUIT RELATIONS assignment sheet): this essay's maximum length will be 4 pages, doubled‐spaced typed, or 4‐6 pages handwritten. (f) The SECOND ESSAY will have everyone researching and writing on their own choice of topic, provided the research is based in primary evidence and the topic relates to law in Canada. You are encouraged to think about possible topics as soon as possible; and then discuss the choices directly with Professor Guth, to identify the one that best suits your interests and the course=s focus on primary, preferably archival, evidence. This essay's maximum length for LAW STUDENTS will be 30 pages, doubled‐spaced typed, and for HISTORY STUDENTS 8‐10 pages, presented to publishable standards regarding style, analysis, primary research and originality. For footnoting and bibliographical forms, we will generally follow the Canadian Guide to Uniform Legal Citation (Scarborough, Ontario: Carswell, 1992), 4th ed., supplemented by the class handout: DeLloyd J. Guth, AThe Citation of Canadian Public Documents,@ The Chicago Manual of Style, 15th ed. (Chicago: The University of Chicago Press, 2003). TEXTBOOK: You are encouraged to purchase (special student price = $20.00) directly in class, Canada=s Legal Inheritances, ed. by DeLloyd J. Guth and W. Wesley Pue (Winnipeg: Canadian Legal History Project, Faculty of Law, 2001); but this is not a requirement and copies are available on Reserve in the Law Library. Most course readings are in this book and the rest are on Reserve. HISTORICAL REFERENCE: For general background you can consult any recent historical survey; for example, see Jack M. Bumsted, The Peoples of Canada (1992), vols. I and II [on RESERVE]. GRADE SCALE (University of Manitoba): A+ = 4.5 (90‐100%) A = 4.0 (80‐89%) B+ = 3.5 (75‐79%) B = 3.0 (70‐74%) C+ = 2.5 (65‐69%) C = 2.0 (60‐64%) D = 1.0 (50‐59%) F = 0.0 (less than 50%) HIST 3780 Students further information from the Faculty of Arts: Uncollected term work will become the property of the Faculty of Arts and will be subject to confidential destruction. The common penalty in Arts for plagiarism on a written assignment is a grade of F on the paper and a final grade of F (DISC) (for Disciplinary Action) for the course. For the most serious acts of plagiarism, such as purchase of an essay and repeat violations, this penalty can also include suspension for a period of up to five (5) years from registration in courses taught in a particular department/program in Arts or from all courses taught in this Faculty. The Faculty also reserves the right to submit student work that is suspected of being plagiarized to Internet sites designed to detect plagiarism or to other experts for authentication. The common penalty in Arts for academic dishonesty on a test or examination is F for the paper, F (DISC) for the course, and a one‐year suspension from courses acceptable for credit the Faculty. For more serious acts of academic dishonesty on a test or examination, such as repeat violations, this penalty can also include suspension for a period of up to five years from registration in courses taught in a particular department or program in Arts or from all courses taught in or accepted for credit by this Faculty. 2 GENERAL SYLLABUS: LAW 3410 / HISTORY 3780 Canadian Legal History, WINTER 2012 Thursday, 4:00 ‐ 7:00 pm, Robson Hall, Room 204, or occasionally at Professor Guth's home 2012 Topic Assignment for Next Week Week I Introductions to Defining & Locating Law and Begin Research for Jesuit Relations, FIRST ESSAY; 05 Jan. Athe Past@: What? Where? When? Whose? How? read Elton, Wedgwood, and Guth (on Sixteenth‐ Century Anglo‐Scottish law). Week II Late‐Medieval Anglo‐French Laws & Legal FIRST ESSAY (JR) topics chosen. NOTA BENE: we 12 Jan. Cultures, on the Eve of Colonisation will do an on‐line internet access to the Jesuit Relations and to AProceedings of the Old Bailey, London 1674‐1799" in class. Week III CLASS MEETING AT HUDSON=S BAY COMPANY Read essays by Henderson and Sprague [CLI]: 19 Jan. AND PROVINCIAL ARCHIVES, PLUS THE discussion leaders to be assigned. DINNER @ GOVERNMENT RECORDS CENTRE Guth=s Home after! Week IV Reconstructing Aboriginal Law: Seventeenth‐ Read essays by Dickinson, Vanderlinden, 26 Jan. Century Lower Canada and Nineteenth‐ Century Goebel, Katz, Flaherty, Bell, Girard, and English; Rupert’s Land as well as the Peter Karsten handout. SECOND ESSAY topic to be chosen Week V Reception, Transplantation, Imposition & Read essays by D. Hay, J. Langbein, P. 02 Feb. Recognition of Law: Canada 1450‐1790, France to Linebaugh, J. Oldham, J. Beattie; and hand‐out Quebec, England to Maritimes & Newfoundland; essay by Hay: discussion leaders to be assigned Draft of FIRST ESSAY due! for reports on 09 Feb.; OLD BAILEY (Case Outline) ASSIGNMENT. Week VI Criminal Law in 18th c. England: Modern Debates Continue research for SECOND ESSAY. 09 Feb. and Perspectives; “Old Bailey” criminal law case Read essays by M. Greenwood, P. Romney, R. search assignment due! Smandych, H. Foster: discussion leaders to be assigned, for 16 Feb. Week VII 19th c. Law and Institutions: the Canadas, British Read essays by Gibson, Price; and from 16 Feb. Columbia & the North West Canadian State Trials III, by Bumsted, Lesage, Waiser, and McLachlin, for 01 March. Week VIII NO CLASS = WINTER BREAK WEEK 23 Feb. Week IX Founding Manitoba’s Courts, Legislature, 01 March Lawyers: Louis Riel’s Role and Trial Week X James Oldham (Georgetown University/Law): Read the Articles of Confederation (1778), U.S. 08 March @ “Habeas Corpus: from Medieval Origins to Constitution (1789), B.N.A. Act (1867),and 4:30 pm Guantanamo” Manitoba Act (1870) for 15 March. Moot Court Week XI Comparative Canadian and U.S.