Course Schedule
Week 1 – January 7, 2025 – Course Introduction
Course Introduction and Group Formation
Week 2 – January 14, 2025 – Law and Power
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Readings: P. Ryan, Prologue and s. 1.01-1.02 (to pg. 10) of Childhood and the Law in Canada. P. Ryan, "holding, ruling, and decision" P. Ryan, "A Model Brief of E. v. Eve in Point Form"
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Supplemental Resources: Common Law Jurisdictions Globally Law School Success, What Should be Part of a Case Brief? (2014). |
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Lecture Terms and Concepts: |
Lecture Terms and Concepts:
Legal Doctrines fiduciary duty procedural fairness parens patriae |
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Exemplary Case: Baker v. Canada [1999] SCC |
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Readings: P. Ryan, complete Chapter 1 (to pg. 40) of Childhood and the Law in Canada.
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Supplemental Resources: The complete E. v. Eve report with P. Ryan’s Notations. An excerpt is available in s. 1.06 of Childhood and the Law in Canada. |
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Lecture Terms and Concepts: parens patriae
Eugenics administrative eugenics liberal eugenic governmentality
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Exemplary Cases:
Eyre v. Shaftsbury [1722] UK (pgs. 19, 205)
Holmes v. Powers [1968] KCA (pg. 9) Stump v. Sparkman [1978] SCUS (pgs. 9, 25) In re. Grady [1981] SCNJ (pgs. 9, 21, 26)
Muir v. Alberta [1996] ABQB (pgs. 1, 3, 8, 35-38) |
Week 4 – January 28, 2025 – The Best Interests of the Child
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Readings: P. Ryan, Chapter 2, Childhood and the Law in Canada. Lecture 3: Custody, access, support and the best interests of children |
Supplemental Resources: StatsCan Divorce Data Federal Child Support Tables |
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Lecture Terms and Concepts:
The Best Interests of the Child Principle substantive right to care interpretive principle rule of procedure (limited participatory right) custody or “decision-making authority” material error racial socialization fiduciary duty and child support paras formula children's legal representation parental alienation syndrome |
Exemplary Cases:
Gordon v. Goertz [1996] SCC (pgs. 20, 46, 47, 62, 104) S. (D.B.) v. G. (S.R) [2010] SCC (pgs. 68, 71) |
Week 5 – February 4, 2025 – International Family Law
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Readings: P. Ryan, Chapter 3, Childhood and the Law in Canada. |
Supplemental Resources: |
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Lecture Terms and Concepts:
The Hague Convention (HCCAICA) habitual residence -parental intention -child-centeredness -hybrid approach grave risk to an intolerable situation -expansive approach -restrictive approach
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Exemplary Cases:
Baker v. Canada [1999] SCC Ellis v. Wentzell-Ellis [2010] ONCA (Chapter 3) Silva v. de Silva [2018] BCSC (pg. 105) M. (R.) v. S. (J.) [2013] ABCA (pg. 107) I. (A.M.R.) v. R. (K.E.) [2011] ONCA (pg. 107) Pollastro v. Pollastro [1999] ONCA (pg. 111) |
Week 6 – February 11, 2025 – Liberalism and the Decline of Corporal Punishment
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Readings: P. Ryan, s. 4.01-4.03, Childhood and the Law in Canada. Lecture 5: Liberalism, child rearing, and the decline of corporal punishment in Canada |
Supplemental Resources: Corporal Punishment Case Law Summary |
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Lecture Terms and Concepts:
doctrine of domestic chastisement in loco parentis family as the fundamental unit of society The Canadian Criminal Code “force by way of correction” “reasonable under the circumstances” Provincial Educational Policy on CP Canadian Charter of Rights and Freedoms s.7 (security of persons) s.12 (punishment) s. 19, 24(3), 28(3), 37(1) |
Exemplary Cases:
R. v. Dupperon [1984] SCA (pgs. 116-118) R. v. Ogg-Moss [1984] SCC (pgs. 118-121, 129) Regina v. Hopley [1860] UK R. v. Fritz and Fritz [1987] SKQB (pg. 144) R. v. Wheeler [1990] Yukon CJ R. v. Bouillon [1993] QBCJ R. v. Pickard [1995] BCCJ |
Week 7 – February 18, 2025 – Reading Week
Week 8 – February 25, 2025 – Children’s Coverture and Parental Rights
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Readings: P. Ryan, s. 4.04-4.09, Childhood and the Law in Canada. Breakout Session: Mooting Canadian Foundation for Children, Youth and the Law v. Canada |
Supplemental Resources: Educational Policies and Corporal Punishment in Canada and the World |
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Lecture Terms and Concepts:
CCRF, contextual approach, s. 15 McCombs, J – 10 points of consensus C. Milne’s critique of McCombs’ Decision The Majority Decision ‘unreasonable’ CP in majority decision (para. 40) Dissenting Opinions Binnie on s. 1 Deschamps on ‘equality’ |
Exemplary Cases:
Law v. Canada [1999] SCC (pgs. 124-138, 150-168, 265) Canadian Foundation for Children, Youth and the Law v. Canada [2000] OSCJ R. v. Oakes [1986] SCC X. (G.) v. Yukon [2023] YKSC |
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Readings: P. Ryan, s. 5.01-5.05, Childhood and the Law in Canada. |
Supplemental Resources:
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Lecture Terms and Concepts:
Statute of Westminster I and II Henry de Bracton on ‘full age.’
-lesser law - wager of law and oath takers -greater law - trial by ordeal evasions of trial |
Exemplary Cases:
The 1625 Case from Newgate Sessions R. v. Wenland [1888] UK |
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Lecture Terms and Concepts:
1875 Offences against Persons Act |
Lecture Terms and Concepts:
1861 Offences against Persons Act |
Week 10 – March 11, 2025 – The Revolution in Evidence and the Duty to Report
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Readings: P. Ryan, s. 5.06-5.09, Childhood and the Law in Canada. Lecture 8: The rediscovery of children’s evidence and the duty to report in Canada |
Supplemental Resources:
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Lecture Terms and Concepts:
sexual assault sexual touching and sexual interference Refining the idea of sexual consent current staggered ages of sexual consent relationships of trust and authentic consent ages of sexual choice and exploitation |
Exemplary Cases:
R. v. W.(R.) [1992] SCC (pg. 221) R. v. Marquard [1993] SCC (pg. 224) R. v. F. (C.C.) [1997] SCC R. v. Kaija [2007] ONCA |
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Lecture Terms and Concepts:
secularization of oaths into promises Elizabeth Loftus The L20C Revolution in Evidence Removal of oath-taking barrier (1988) Prohibition of jury warnings (1993) The Khan Rule Presumption of competency (2006) Establishment of Testimonial Aids (2006) Provision of Witness Support Adoption of Out-of-Court Statements Regulation of Self-Representing Defendants |
Lecture Terms and Concepts:
fiduciary duty |
Week 11 – March 18, 2025 – The IRS and Childhood as a Weapon in Cultural Conflict
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Readings: P. Ryan, s. 6.01-6.02, Childhood and the Law in Canada.
Breakout Session: Discussion of IRS |
Supplemental Resources:
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Lecture Terms and Concepts:
The Indian Act Gradual Civilization Act 1857 Gradual Enfranchisement Act 1869 Status Indian Department of Indian Affairs The Indian Residential School Project theory of modernization theory of childhood socialization early evidence of mission failure 6 areas of institutional failure before 1950 mortality rates and unmarked graves cultural assimilation and language loss sexual and physical abuse Resistance, Change, & Closure Student Protests PowWow at Duck Lake (Film) “Our Native Land” (CBC Radio) Busing and Integration “Statement of the Gov’t of Canada on Indian Policy” (1969) “Red Paper” & “Citizens Plus” IRS Closure in the 1970s |
Exemplary Cases: |
Week 12 – March 25, 2025 – The Law of Torts & Liability for IRS Harms
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Readings: P. Ryan, s. 6.03-6.05, Childhood and the Law in Canada.
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Supplemental Resources:
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Lecture Terms and Concepts: negligence duty of care breach of due care proximate cause foreseeable injury loss resulting from injury Anns Test fiduciary duty power over the beneficiary unilateral action loyalty vicarious liability non-delegable statutory duty The Blackwater Trial Royal Commission on IRS (1996) excluding historical evidence restricting interveners rejecting the tort of cultural identity loss charitable immunity crown immunity for public policy thin skull test (triggering) crumbling skull test (pre-existing condition) |
Exemplary Cases:
Blackwater v. Plint [2001] BCSC Myers v. Peel County Board 1981] SCC B. (K.L.) v. British Columbia [2003] SCC Blackwater v. Plint [2005] SCC |
Week 13 – April 1, 2025 – Tort Law, Languages Loss, and Cultural Rights
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Readings: P. Ryan, s. 6.06-6.07, Childhood and the Law in Canada.
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Supplemental Resources:
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Lecture Terms and Concepts: decision, judgment, and holding Assembly of First Nations community mobilization and class action Indian Residential School Settlement Agreement Compensation Regime Common Experience Payment Independent Assessment Process State Apology Truth and Reconciliation Commission contrasts with post-apartheid era anti-judicial management of truth motif of generational trauma
identity genocide breach of contractual duty
UN Dec. on the Rights of Ind. People (2007) |
Exemplary Cases: McLean v. Canada [2019] FCJ (pgs. 296-297)
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