Fall 2020 - POL 421W D100

Rights, Equality, and the Charter (4)

Class Number: 7191

Delivery Method: Remote

Overview

  • Course Times + Location:

    Sep 9 – Dec 8, 2020: Tue, 2:30–5:20 p.m.
    Burnaby

  • Prerequisites:

    Eight upper division units in political science or permission of the department.

Description

CALENDAR DESCRIPTION:

The Charter of Rights and Freedoms has been part of the Canadian constitution for over 35 years. We assess the Charter's effectiveness in protecting human rights and equality within Canada and its effect on the wider political system. Students with credit for POL 428 Selected Topics in Canadian Government and Politics I under the title The Charter of Rights may not take this course for further credit. Students with credit for POL 421 may not take this course for further credit. Writing.

COURSE DETAILS:

The Charter of Rights and Freedoms has been part of the Canadian constitution for over 35 years. This course will assess the Charter’s effectiveness in protecting human rights within Canada, and its wider impact on the political system. In the first part of the course, we will ask how Canadian courts decide rights cases. In particular, we will focus on how the definitions of particular rights have evolved since 1982, how courts deal with competing rights and how courts balance rights against the public interest. During this section of the course, you will examine the text of the Charter and read case law, giving you skills in interpreting legal texts and applying legal principles to individual cases.

In the second part of the course we will consider the Charter as a fundamental shift in the Canadian constitutional system – moving power from Parliament and provincial governments to the courts. The final few weeks of the course will be devoted to your own research, which should focus on the legal, constitutional or political impact of the Charter on Canada. These classes will be spent reading and reviewing each other’s papers, showcasing your own research and revising your drafts in light of feedback from your peers.

Course Format:

This is a seminar course, where students take the lead in debating and discussing the week’s readings. Each week, classes will have two elements:

1) participation in discussion boards on the week’s readings (you choose when you post) and

2) a 1.5 hr Zoom session where you will complete small group exercises working with Charter cases and developing your research project. 

Grading

  • Discussion board posts, inc. 1 wk leading discussion 20%
  • Legal Case Notes x 2 (5% each) 10%
  • Research Proposal and Annotated Bibliography 10%
  • Peer Review of other students’ draft papers x 2 (5% each) 10%
  • Research Paper inc. memo responding to peer review 35%
  • Presenting research findings: conference poster and Q&A 15%

Materials

REQUIRED READING:

MacIvor, Heather. (2013). Canadian government and politics in the Charter era (2nd ed.) Don Mills, ON: Oxford University Press, 2013.  A digital copy is available through the SFU Bookstore’s online ordering system.


ISBN: 9780195447286

Plus journal articles available on-line (see the syllabus).


Department Undergraduate Notes:

The Department of Political Science strictly enforces a policy on plagiarism.

Registrar Notes:

ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS

SFU’s Academic Integrity web site http://www.sfu.ca/students/academicintegrity.html is filled with information on what is meant by academic dishonesty, where you can find resources to help with your studies and the consequences of cheating.  Check out the site for more information and videos that help explain the issues in plain English.

Each student is responsible for his or her conduct as it affects the University community.  Academic dishonesty, in whatever form, is ultimately destructive of the values of the University. Furthermore, it is unfair and discouraging to the majority of students who pursue their studies honestly. Scholarly integrity is required of all members of the University. http://www.sfu.ca/policies/gazette/student/s10-01.html

TEACHING AT SFU IN FALL 2020

Teaching at SFU in fall 2020 will be conducted primarily through remote methods. There will be in-person course components in a few exceptional cases where this is fundamental to the educational goals of the course. Such course components will be clearly identified at registration, as will course components that will be “live” (synchronous) vs. at your own pace (asynchronous). Enrollment acknowledges that remote study may entail different modes of learning, interaction with your instructor, and ways of getting feedback on your work than may be the case for in-person classes. To ensure you can access all course materials, we recommend you have access to a computer with a microphone and camera, and the internet. In some cases your instructor may use Zoom or other means requiring a camera and microphone to invigilate exams. If proctoring software will be used, this will be confirmed in the first week of class.

Students with hidden or visible disabilities who believe they may need class or exam accommodations, including in the current context of remote learning, are encouraged to register with the SFU Centre for Accessible Learning (caladmin@sfu.ca or 778-782-3112).