Intensive Course: Constitutional Law and the role of the Minister of Justice and Attorney General of Canada

Note: The add/drop date for this course is Monday, January 5 at 10:00 PM.

Course Location: Please see the "Intensive Course Schedule" under Schedules and Timetables (http://www.law.utoronto.ca/academic-programs/schedules).

Note: Attendance at intensive courses is mandatory for the duration of the course.  

This course will examine the role of the Minister of Justice and Attorney General within Canada’s constitutional framework.   Focus may be placed in the following areas of study and discussion:

• The duty to uphold the Constitution and the rule of law: the oath of office for the Minister of Justice and Attorney General, and the Department of Justice Act.
• The role of the Attorney General of Canada in litigation: its evolution over time, civil vs criminal litigation, Supreme Court interventions, litigation directives, prosecutorial independence and the role of the Director of Public Prosecutions.
• Constitutional litigation and statutory interpretation: discerning Parliamentary intent from legislative history including Ministerial statements/interventions.
• Institutions, the courts and the profession under attack: the role of the Minister in bolstering confidence in the administration of justice.
• Recent observations on the state of the dialogue: case studies examining where the courts have prompted responsive action by legislators, contrasted with instances where novel Parliamentary policy has been upheld by the judiciary.
• Section 33: trends in the recent use of the notwithstanding clause across Canada.