APTPUO - FALL 2024 - CML4111 E

Description :This course will focus on Charter rights and remedies in the criminal law context in defending an accused in a criminal prosecution. The topics covered will include the fully array of constitutional remedies available in a criminal case, from challenging the constitutional validity of criminal legislation to challenging the conduct of state actors, namely, the police and the Crown, in the investigation and prosecution of criminal offences. Remedies under sections 24(1) and 24(2) of the Charter and section 52(1) of the Constitution Act will be explored, as will Charter rights and protections, including abuse of process, the right to counsel, the law of search and seizure (particularly as it relates to electronic evidence), arbitrary detention and unreasonable delay, as well as Charter remedies at the sentencing stage, including reductions in sentence in response to state misconduct and the constitutional validity of mandatory minimum sentences. The course will consider the societal rationales supporting the existence of Charter rights and remedies and the balancing of the competing interests at stake in deciding whether Charter rights have been infringed and, if so, the appropriate remedy that should be imposed. In addition to a final examination, the method of evaluation will include a Charter factum on a motion to exclude evidence and a moot of the motion. Posting limited to:Professeur à temps-partiel régulier / Regular Part-Time ProfessorDate Posted:April 15, 2024Closing Date:May 16, 2024Note: Applications will be accepted until 11:59 PM on the day prior to the Posting End Date aboveExpected Enrolment:24Approval date:April 15, 2024Number of credits:3Work Hours:39Course type:BPosting type:Régulier / RegularLanguage of instruction:Anglais | EnglishCompetence in second language:PassiveCourse Schedule:- - - Monday - Friday 17:30 – 20:20Requirements:The Common Law Section is seeking candidates who are leaders in the legal profession. An LL.B., J.D., or equivalent is required for this position. Membership in the Law Society of Ontario (or equivalent) in good standing is also required. The successful candidate will have significant practical experience related to Canadian criminal law and will further have experience with Charter remedies. Prior teaching experience will be considered an asset. The Common Law Section reserves the right to select a candidate who does not fully meet each of these requirements, where the candidate’s selection would be beneficial to the program, the course, the students or for a related reason. An acceptable level of education and/or experience could be viewed as being equivalent to the educational required and/or demonstrated experience.