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課程名稱 |
平等和加拿大權利與自由憲章
Equality and the Canadian Charter of Rights and Freedoms |
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開課學期 |
112-2 |
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授課對象 |
法律學院 法律研究所 |
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授課教師 |
陳寅元 |
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課號 |
LAW7820 |
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課程識別碼 |
A21EM37A0 |
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班次 |
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學分 |
1.0 |
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全/半年 |
半年 |
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必/選修 |
選修 |
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上課時間 |
第1,2,3,4,5,6,8,9,10 週
星期四10,A(17:30~19:15) |
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上課地點 |
霖研二1502 |
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備註 |
本課程以英語授課。密集課程。
限法律學院學生(含輔系、雙修生)
總人數上限：20人 |
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課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
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課程大綱
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為確保您我的權利,請尊重智慧財產權及不得非法影印
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課程概述 |
***2/20更新：上課地點改為霖澤1502
***2/20update: Classroom changed to 1502
Canada’s adoption of the Charter of Rights and Freedoms in 1982 is said to be the culmination of its rights revolution following the Second World War. Since then, the Canadian Charter and its jurisprudence have influenced the development of bill of rights in countries like Israel, New Zealand, and South Africa. This introductory course concerning the Canadian Charter will focus on how this pivotal constitutional instrument has been deployed to address questions of inequality. To set the context, the course will begin by exploring the role played by equality-seeking groups in drafting and galvanizing public support for the Canadian Charter, as well as institutional mechanisms developed to facilitate equality-seeking groups’ access to Charter review. It will then canvass seminal cases to critically examine Canadian courts’ evolving approaches to adjudicating equality-based Charter claims. The course will conclude by considering the relationship between equality and other Charter-guaranteed rights, including freedom of religion, freedom of expression, and the rights to life, liberty, and security of the person. Through this exploration of Canadian constitutional law, learners will also catch a glimpse of contemporary socio-legal issues facing women, 2SLGBTQ+ communities, Indigenous peoples, and non-citizens, among other marginalized groups in Canada.
請來信向課程助教索取加簽碼，發放至名額上限（25 人）為止。
Please contact the TA via email for the authorization codes. Enrollment is available for all students until the maximum number (25 students) is reached.
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課程目標 |
This course aims to introduce learners to Canada’s constitutional protection of equality rights and related jurisprudence. Employing a critical pedagogical approach, the course invites learners to reflect on the meaning of equality as a human right, as well as the role of courts in relation to society’s pursuit of equality. Additionally, the selected readings seek to expose learners to a range of contemporary social justice debates in Canada that also find parallels in other societies, including gender inequality, colonialism/decolonization, immigration, and more. In so doing, the course encourages learners to compare and contrast how different societies confront these issues, particularly how the concept of equality is or is not implicated in the pertinent debates.
At the end of this course, it is expected that learners will:
- Have expanded their understanding of equality as a human right;
- Have advanced their ability to critically examine judicial decisions; and
- Have increased their awareness of the Canadian legal system, particularly its system of constitutional guarantee of fundamental human rights and freedoms. |
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課程要求 |
Class attendance is mandatory, unless learners are granted an excused absence by the instructor. If a learner, without the instructor’s permission, fails to attend more than three sessions, they are considered to have dropped the course.
Beyond attending the class, learners are also expected to participate in class discussions in a way that observes proper decorum. Learners should be courteous to one another and avoid monopolizing the conversation; allow others the same opportunity to participate. Learners should expect that others in class may hold different ideas or opinions from theirs. Although this may be uncomfortable, communication among people with different perspectives is a cornerstone of higher education and key to an effective democratic society. However, when expressing their disagreement, learners are required to remain respectful at all times. Aggression, harassment, and/or discrimination are not permitted.
At the end of the course, learners must submit a final paper for evaluation (exact due date to be announced). The paper must be written in English and must not exceed 5,000 words. When counting the words of a paper, a “word is a word” rule will be applied. Under this rule, every word counts regardless of length or spacing. Anything written by a learner that exceeds the word limit will not be read by the instructor. Learners are required to submit the final paper before the specified deadline, unless an extension has been granted by the instructor for the purpose of academic accommodation. For each day, including part of the day, that the final paper is overdue, a learner will incur a deduction of ten percentage points on their final paper grade.
The final paper submitted by learners must be original work of their own. Utilization of any work or ideas from another person – including work created using generative artificial intelligence such as ChatGPT – must be properly cited and referenced. Failure to do so constitutes academic fraud and will not be tolerated. |
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預期每週課後學習時數 |
Learners should be able to complete the assigned readings for each class in approximately 4 hours.
The final paper is expected to take learners between 75 and 90 hours in total to complete. |
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Office Hours |
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指定閱讀 |
Session 1
- “Chapter Sixteen: The Advent of the Charter” in Carissima Mathen et al, eds, Canadian Constitutional Law, 6th ed (Toronto: Emond, 2022), online: Emond (https://emond.ca/Emond/media/Sample-chapters/ccl6-16.pdf).
- Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, online: Justice Laws Website (https://laws-lois.justice.gc.ca/eng/const/page-12.html#h-40).
Session 2
- Andrews v Law Society of British Columbia, [1989] 1 SCR 143, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/407/index.do) [skip the parts of the decision concerning section 1 of the Charter].
- Corbiere v Canada (Minister of Indian and Northern Affairs), [1999] 2 SCR 203, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1704/index.do) [read only paragraphs 3-15, 57-62].
Session 3
- Law v Canada (Minister of Employment and Immigration), [1999] 1 SCR 497, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1691/index.do).
Session 4
- R v Kapp, 2008 SCC 41, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/5696/index.do) [read only paragraphs 14 – 24].
- Withler v Canada (Attorney General), online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7925/index.do).
Session 5
- Fraser v Canada (Attorney General), online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/18510/index.do) [skip the parts of the decision concerning section 1 of the Charter].
Session 6
- R v Kapp, 2008 SCC 41, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/5696/index.do) [skip paragraphs 14 – 24].
- Alberta (Aboriginal Affairs and Northern Development) v Cunningham, 2011 SCC 37, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7952/index.do) [read only until paragraph 88].
Session 7
- Gosselin v Quebec (Attorney General), 2002 SCC 84, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2027/index.do).
Session 8
- Law Society of British Columbia v Trinity Western University, 2018 SCC 32, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/17140/index.do).
Session 9
- R v Keegstra, [1990] 3 SCR 697, online: Supreme Court of Canada (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/695/index.do). |
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參考書目 |
1. Carissima Mathen et al, Canadian Constitutional Law, 6th ed (Toronto: Emond, 2022).
2. Robert J Sharpe & Kent Roach, The Canadian Charter of Rights and Freedoms, 7th ed (Toronto: Irwin Law, 2021).
3. Sanda Rodgers & Sheila McIntyre, eds, Diminishing Returns – Inequality and the Canadian Charter of Rights and Freedoms (Markham, Ont.: LexisNexis Butterworths, 2006). |
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評量方式
(僅供參考) |
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No. |
項目 |
百分比 |
說明 |
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1. |
Class attendance and participation |
40% |
Class attendance and participation: 40%
- For each session, a learner will earn up to 5 points for class attendance and participation.
- If a learner attends a session, they will be awarded 2 points.
- Additionally, a learner will be awarded between 1 and 3 points if they participate in classroom discussions. Examples of class participation include asking a question about the assigned readings, offering a comment pertinent to the issues being discussed, and answering a question posed by the instructor. The number of points awarded will depend on the degree that the learner’s question or comment demonstrates a solid grasp of, and critical engagement with, the assigned readings. Zero points will be awarded if a learner does not participate in class discussion.
- Attendance and participation grade will be assessed from Class 3 onward (following the closing of the drop/add period). As such, the maximum score that a learner will receive for class attendance and participation is 35. If a learner receives an excused absence for a session, then the relevant session will not be counted toward the final calculation of their attendance and participation grade. |
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Final paper |
60% |
Final paper (in English, maximum 5,000 words): 60%
- Grading for the final paper will be based on its quality of research, legal analysis and reasoning, and writing. |
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針對學生困難提供學生調整方式 |
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上課形式 |
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作業繳交方式 |
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考試形式 |
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其他 |
由師生雙方議定 |
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週次 |
日期 |
單元主題 |
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第1週 |
2/22 |
Introduction to the Canadian Charter of Rights and Freedoms
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第2週 |
2/29 |
Section 15(1) of the Charter: Equality Rights in Andrews |
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第3週 |
3/7 |
Section 15(1) of the Charter: Equality Rights in Law |
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第4週 |
3/14 |
Section 15(1) of the Charter: Undoing Law
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第5週 |
3/21 |
Section 15(1) of the Charter: Equality Rights since Fraser |
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第6週 |
3/28 |
Section 15(2) of the Charter
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第7週 |
4/4 |
No class |
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第8週 |
4/11 |
Equality and the Protection of Life, Liberty, and Security of the Person |
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第9週 |
4/18 |
Equality and Freedom of Religion
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第10週 |
4/25 |
Equality and Freedom of Expression |
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