CANADIAN CONSTITUTIONAL LAW - 2027/8

Module Overview

Canadian Constitutional Law provides students with an understanding of the principles of public law in Canada, including the constitutional law of Canada, including federalism and the distribution of legislative powers, the Charter of Rights and Freedoms, human rights principles and the rights of Aboriginal peoples of Canada. The module introduces students to six major characteristics of the Canadian Constitution: parliamentary democracy, the rule of law, judicial independence, federalism, respect for individual and group rights and respect for Aboriginal rights.

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2027/8 academic year.

Module provider

Surrey Law School

Module Leader

SEWELL Trenton (Law)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 6

Module cap (Maximum number of students): N/A

Module Availability

Semester 2

Prerequisites / Co-requisites

None

Module content

PART 1: BASIC CONCEPTS

1. Sources and Nature of the Constitution 

2. Amending Procedures 

PART 2: DISTRIBUTION OF LEGISLATIVE POWERS

3. Federalism

4. Judicial Review and Principles of Interpretation 

5. Property and Civil Rights 

6. Trade and Commerce 

7. Peace, Order, and Good Government 

8. Criminal Law 

9. Ancillary Powers 

10. Paramountcy 

11. Interjurisdictional Immunity 

PART 3: ABORIGINAL RIGHTS AND THE CONSTITUTION

12. Introduction 

13. Aboriginal Rights 

14. Aboriginal Title 

15. Treaty Rights 

16. Duty to Consult 

PART 4: THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

17. Interpreting the Canadian Charter of Rights and Freedoms 

18. Application of the Canadian Charter of Rights and Freedoms 

19. Override of Rights 

20. Freedom of Conscience and Religion 

21. Freedom of Expression 

22. Life, Liberty and Security of the Person 

23. Equality Rights 

24. Limitation of Rights 

25. Remedies 

Assessment pattern

Alternative Assessment

N/A

Assessment Strategy

The assessment strategy is designed to:

• Prepare students to sit the Canadian Constitutional Law exam to qualify for practice in Canada
• Provide a close approximate of the exam format of the exam on Canadian Constitutional Law set by the National Committee on Accreditation
• Allow students to demonstrate their mastery of key concepts and legal principles through questions that require students to analyse the principles and doctrine of Canadian Constitutional Law

Thus, the summative assessment for this module consists of:

One Final Examination (Learning Outcomes 1, 2, 3, 4, 5)

Formative assessment:

The formative assessment consists of questions similar (in breadth and depth) in type to those tested in the final exam. Students are encouraged to complete the formative assessment in exam conditions. Each student receives individual written feedback, in addition to the general feedback and guidance provided to the cohort. Formative feedback is designed to help students understand expectations for the final exam, identify areas of improvement in their performance and provide effective direction on how they should improve to optimally meet expected assessment outcomes. Students are encouraged to reflect on their bespoke feedback and are assisted in building their critical understanding and application of the university¿s Grade Descriptors.

Feedback:

Feedback is also provided throughout the module within seminars. Interactive class discussions allow students to test their understanding and receive feedback on their application of law and theory. 

Individual feedback is also available during the instructor¿s office hours. A SurreyLearn discussion forum is available for all students to ask follow-up questions outside of seminar. 

Module aims

• Introduce the principles of Canadian constitutional law
• Explore the nature and significance of the six major characteristics of the Canadian Constitution; parliamentary democracy, the rule of law, judicial independence, federalism, respect for individual and group rights and respect for Aboriginal rights.
• Introduce the concepts of federalism and the distribution of legislative powers in the Canadian Constitution
• Examine Aboriginal rights and their role in the Canadian legal system.
• Explain the significance of the Canadian Charter of Rights and Freedoms for Canadian constitution law

Learning outcomes

Methods of Teaching / Learning

The learning and teaching strategy is designed to:

The learning and teaching strategy is designed to build on students¿ previous study of law, including both UK Public Law and Foundations of Canadian Law to enable them to approach challenging material in a deep and searching way. Teaching is delivered through lectures that combine lectures and discussion of legal principles and cases, and workshops that additionally allow students to apply law in problem questions and essay questions.

The learning and teaching methods include:

Lectures introduce the students to the fundamental concepts of Canadian constitutional law and provide an overview of basic principles and fundamental legal concepts. The lectures are recorded to allow students to engage with them in revising for the final exam and, in application for the NCA exam. Group discussion of key concepts and leading cases allows students to test their knowledge and understanding the debates that have shaped Canadian Law.

Problem questions and essay topics discussed in seminars require students to read the relevant primary and secondary legal sources to develop their understanding of key principles of Canadian Constitutional Law. 

Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

https://readinglists.surrey.ac.uk
Upon accessing the reading list, please search for the module using the module code: LAW3163

Other information

The Surrey Law School is committed to developing graduates with strengths in Employability, Digital Capabilities, Global and Cultural Capabilities, Sustainability, and Resourcefulness and Resilience. This module is designed to allow students to develop knowledge, skills, and capabilities in the following areas:

Employability:  Prepares students for an exam in Canadian Constitutional Law that is a pre-requisite to qualification for the bar in Canadian common law jurisdictions.

Global and Cultural Capabilities: The module introduces the constitutional law of Canada, which is shaped by the social and cultural influences prevailing within Canada. UK public law is used as a point of comparison and students will be able to see how the same issues are addressed similarly or differently in the two jurisdictions.

Digital Capabilities: Students will engage with digital legal research tools and applications during this module. They will need to effectively navigate digital databases of UK and Canadian law and other legal academic materials. Students will need to effectively engage with the University¿s Virtual Learning Environment and where appropriate, demonstrate ethical and effective use of AI in their learning in accordance with the University¿s AI in Education Framework.

Sustainability: Students will learn how aboriginal rights form an integral part of the Canadian Constitution and how the rights of aboriginal groups inform the management of environmental protection, land and natural resources in Canada.

Resourcefulness and Resilience: Students will be active participants in the learning and teaching events and will have ample opportunity to participate in debating fundamental issues in Canadian Constitutional Law.  Students will encounter intellectually challenging material, and are expected to analyse fundamental Canadian Constitutional principles and legal doctrines in depth.