This course examines legal control over the administrative process and the exercise of power by public officials as these controls have developed in the administration, the legislature and the courts. Particular attention will be devoted to administrative procedure, including the right to notice and comment prior to the exercise of administrative power, the meaning of bias and impartial tribunals in various administrative settings, judicial review of administrative action and remedies available. This is a "flipped" class.
Courses | Courses taught by Craig Forcese
This course introduces students to the structure of the Canadian legal system, including: sources of law, the federal legislative process and statutory interpretation; the legal system’s constitutional basis; the organization of courts and tribunals in Canada and appeal processes; and the role of the courts in overseeing legislative and administrative action. It also introduces students to basic principles of Canadian constitutional law: sources of the Canadian Constitution; constitutional supervision and the role of the courts; the advent of the Canadian Charter of Rights and Freedoms; the framework of the Charter; an introduction to the fundamental rights and freedoms protected by the Charter; and an introduction to constitutional remedies. Co-taught with Michael Pal, Faculty of Law, University of Ottawa.
This seminar course explores the linkages and differences between the disciplines of law, political science and economics as they relate to international affairs. Designed for graduate students in the combined MA/JD program with a pre-existing knowledge of international legal principles, this course examines the roles that law plays in international affairs and the manners in which underlying assumptions in law, political science and economics affect the consideration of these issues. The course begins with interactive discussions of fundamental theoretical and practical issues relating to the place of international law in international affairs, using examples drawn from current events, followed by detailed student-led examination and critique of key international judicial decisions, providing a basis for critical analysis of international law, its place in international dispute settlement and its impact on state behaviour. Co-taught with Chris Penny, Norman Paterson School of International Affairs, Carleton University.
In association with the Department of Justice Canada, uOttawa JD and LLM students are participating in the Georgetown National Security Crisis Law course and simulation, taught by Professors Laura K Donohue and Alan D Cohn of Georgetown law school, Washington DC.
Georgetown Law’s National Security Crisis Law (NSCL) offers a capstone experience for students who plan to pursue careers in National Security Law.
NSCL focuses on the authorities and processes that shape decisionmakers’ responses to crises. It takes into account conventional and non-conventional threats—such as cyber threats, biological weapons, narcotics trafficking, attacks on the energy infrastructure and the financial services industry, and the detonation of radiological devices—to examine the constitutional, statutory, and administrative contours of the government’s response.
Canadian legal dimensions will figure in this year’s version of NSCL. Instructors on Canadian law and operations will include Professor Craig Forcese, uOttawa, and legal counsel from the Justice Canada’s National Security Litigation and Advisory Group.
National security has been defined as the protection and preservation of a state’s values, institutions and the well-being of its citizens. It is an expansive concept that, in colloquial terms, has a strong association with military preparedness and law enforcement. It is also a concept that sometimes co-exists uncomfortably with the rule of law.
This seminar course will examine international and Canadian laws governing efforts to preserve “national security.” United States and United Kingdom law will also figure in the discussion. Issues discussed will include: international, Canadian and comparative law dealing with terrorism, weapons proliferation, epidemic diseases, espionage, government secrecy and the actions of intelligence agencies, both foreign and domestic. The conflict between national security imperatives and human and civil rights at both the international and national level will be a key pre-occupation of the course.
In 2016-17, our principal (although far from exclusive focus) will be on anti-terrorism related issues, given their currency in current policy discussions.
Co-taught with Michael Duffy, Department of Justice, Canada.
Full syllabus hosted by H20 here.
This is an introductory course in international law that serves as a pre-requisite for many more advanced international law courses. It is also the fulfills a required core course option for students intending to pursue the course concentration Option in international law or pursuing the JD/MA joint program completed in association with the Norman Paterson School of International Affairs, Carleton University.
Historically, public international law was the law of nations: the body of law governing the relationships between sovereign states. Public international law is no longer so narrowly circumscribed. Defined broadly, international law now includes as expansive a range of subject matters as does “municipal” (i.e., domestic) law. In fact, it is fair to say that most domestic legal practice is influenced, at some level, by international law.
The study of international law has two elements. The first element can be labeled “procedural”: the study of international law requires an appreciation of what international law is, how it is made and to whom it applies. The second element is substantive: the content of international law in relation to specific subjects. Because international law cannot be understood without examining both elements, much of this introductory course is dedicated to studying the procedural
dimension of international law. But this course also surveys a number of different substantive subject-matter areas covered by international law, in expectation that interested students will pursue the many subject-matter specific courses in international law offered in the upper year program.
Full syllabus hosted by H20 and available here.
This course constituted an introduction to legislation and public law, focusing on the structure of the Canadian legal system, including: sources of law, the federal legislative process and statutory interpretation; the legal system's constitutional basis; the organization of courts and tribunals in Canada and appeal processes; and the role of the courts in overseeing legislative and administrative action.
It has now been superseded by Introduction of Constitutional and Public Law. However, the full final syllabus remains hosted at H20 and is accessible here.