FOUNDATIONS OF CANADIAN LAW - 2027/8

Module Overview

Foundations of Canadian Law provides students with an introduction to Canada¿s legal system and to the role of law in Canadian society, including theories of law, sources of law, the relationship of Aboriginal Peoples with the Canadian State, the fundamental principles of the Canadian legal system, the branches of Canadian government including parliament, the executive and the courts, principles of statutory interpretation, and judicial review.

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

1. Basic Theories of Law; Racism & the Law

Positivism and Natural Law

Feminist Perspectives on Law

Critical Legal Studies

Law and Economics

2. Indigenous Peoples and the Law 

Aboriginal Rights and Title

Indigenous Self-Government Aspirations

The Modern Treaty-Making Process

Introductory Materials 

Indigenous Institutions and Self-Government

Aboriginal Rights

Aboriginal Title

Aboriginal Treaties

3. Sources of Canadian Law

The Common Law and Civil Law Traditions

1. Reception of European Law
2. ii. Bijuralism
3. iii. Common Law Method: Precedent and Equity

Statutory Law

International Law

Civil Law and Common Law

Common Law Method, Stare Decisis, Equity 

Common Law Method: Appellate Review

International Law and the Domestic Legal Order

4. Fundamental Principles of the Canadian Legal System

The Constitution of Canada

Principles Underpinning Public Law

1. Rule of Law
2. Constitutional Supremacy
3. Parliamentary Sovereignty
4. Federalism
5. Separation of Powers

6. Judicial Independence (Overview)

    

Constitutional Amendment 

Rule of Law

Constitutional Supremacy

Separation of Powers 

5. Parliament and its Components

The Monarch and Governor General

Senate

House of Commons

6. Functions of Parliament

Summoning

Prorogation

Dissolution

Key Actors

Parliamentary Procedure and Law-Making

7. The Executive and its Functions

The Functions of the Executive

Sources of Executive Power

Executive Institutions and the Political Executive

8. The Courts and the Judiciary

Structure of the Canadian Court System

Judicial Appointments

Judicial Independence 

9. Statutory Interpretation

Approaches to Interpretation

The Modern Approach to Interpretation 

10. Constraints on Legislative and Administrative Action

Judicial Review in a Democratic Society

Judicial Review of Administrative Action

Assessment pattern

Alternative Assessment

N/A

Assessment Strategy

The assessment strategy is designed to:

• Prepare students to sit the Foundations of Canadian Law exam to qualify for practice in Canada
• Provide a close approximate of the exam format of the exam on Foundations of Canadian 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 immediate feedback on their application of law and theory. 

Individual feedback is further 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

• To provide students with an introduction to and an overview of Canada¿s legal system and the role of law in Canadian society.
• To review various legal theories as they apply to Canadian law.
• To introduce the overarching legal framework within which the particular areas of Canadian law operate.
• To acquaint students with the various sources of Canadian law.
• To compare the different branches of Canadian government and to analyse the relationships between and among them.
• To provide an understanding of the Canadian treaty-making process and the implementation of international law into domestic law.
• To provide an understanding of the special relationship Aboriginal Peoples have with the Canadian State, and to enable applicants to critically assess the impact of the Canadian legal system upon Aboriginal and other minority communities.
• To provide an understanding of the nature and function of judicial review and of the basic approaches to statutory interpretation.

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 EU Law to enable them to approach challenging material in a deep a searching way. Teaching is delivered through lectures that combine lectures and discussion of legal principles and cases, and participative 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 the Canadian legal system and provides an overview of its basic principles, fundamental legal concepts and institutional structure. The lectures are recorded to allow students to engage with them in revising for the final exam and, if application for the NCA exam. Group discussions of key principles allow students to test their knowledge and understanding the institutions and theories 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 Foundations of Canadian 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: LAW3166

Other information

The Surrey Law School is committed to developing graduates with strengths in Employability, 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 Foundations of Canadian 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 law and EU Law are used as a point of comparison and students will be able to see how the same issues are addressed similarly or differently in these jurisdictions and how differing institutional structures influence the content of the law.

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 are a central part of Canadian law and how the law of aboriginal groups influences environmental protection and the regulation of 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 the issues involved. Students will encounter intellectually challenging material and are expected to reflect in depth on fundamental legal concepts and issues in Canadian law.