Course Evaluation Overview

Course Overview

• Participation is mandatory - complete 5 activities throughout the term
• At the end of the term, you will get 2/2 regardless of the score you got on the exercise itself, even if you score a 0.
• Your scores are there for information purposes only and will not impact your final grade.

Quizzes, Tests & Exams

• Includes: multiple choice questions, "select all that are true" questions, fill in the blank questions, True/False & Explain questions, and short answer questions/guided case analysis
• Midterm and Final will be in-person, on campus.
• All quizzes, midterm, and final exam will be closed book evaluations.
• Review the resources in the Student Resources module on how to spot legal issues and answer a law-type question.

Evaluation

• You must pass the final exam to pass this course.
• Do not book any travel on evaluation dates, especially during the Final Exam period.
• Consideration is given to students who show significant improvement over the term.

Course Format & Stuff

• Do the readings in advance.
• Contact the professor via email (Mima.Markicevic@ontariotechu.ca) for office hours by appointment. Send an email request.
• The professor is available to meet virtually. Appointments are scheduled on mutually convenient times.
• Students who do not show up to their appointments on time will have their appointment cancelled.
• The course has a TA available via email (june.melnychuk@ontariotechu.ca) regarding course materials, course questions, and course help.
• The TA's office hours are by appointment and virtual.

Learning Outcomes

• Learn the core principles of law related to:
  • The Canadian legal system
  • The Constitution
  • Contracts
  • Torts
  • Business Organizations
• Practice critical thinking skills

Law

• Law is enforced by courts/state institutions, and principles, and a particular way of thinking about those rules and principles
• Law "resides in the reasoning"
  • Justify why one person's interests should be prioritized over another person's interests in a dispute.

Rule of Law

• Everyone must follow the law, including the police, government, judges, and public officials.
• The law must be publicly promulgated, fairly applied, equally enforced & independently adjudicated.
• Disputes are settled based on pre-determined principles through the courts (with law), not with force.
• Society governs itself through law (not arbitrary dictates)

Value of Law

• Provides a framework to live together productively as individual, autonomous humans in society.

Example: Dave's Business

• Dave owns a bakery and Evyl Inc owns a distribution center
• Evyl Inc trucks are too big for Dave's parking lot, they cause dust and noise, and damage the parking lot.

Dave's Options

• Accept the situation and deal with the trucks
• Burn Evyl Inc to the ground
• Consider if the might help

Law & Business

• Law shapes the risk environment for business.
• Law:
  • Imposes boundaries and requirements
  • Enforces obligations owed to others and the state
  • Protects rights
  • Creates opportunities
  • Provides tools for managing risk

Example: Dave and the Law

• How does law impose boundaries on how Dave can respond?
• How does law enforce or protect obligations for Dave and Evyl Inc?
• How can the law help Dave identify and work through his options?

Peek at the Law

• Evyl Inc trucks on Dave's parking lot without permission (trespass)
• Dave will win the case and be entitled to a remedy
• The Charter doesn’t protect economic rights or apply strictly to private persons

Charter of Rights & Freedoms

• "Persons" includes corporations
• Corporations have some rights, but not all
• The government act must violate a Charter right to be protected.
• The Charter might not apply to private companies.
• The Charter is saved under s.1 if the law is a reasonable limit on rights.
• It must:
  • Be proportionate (purpose meets infringment)
  • Minimize infringement of rights
  • Be rational

Charter Checklist of Limitations

• Must involve a challenge to a government act/rule/decision.
• Must involve a protected right.
• Person bringing the challenge must hold the kind of right involved.
  • Corporations have some rights, but not all
• The impugned (challenged) act might be “saved” under Section 1 (reasonable limits).

Charter Restrictions

• Not all rights are protected:
  • Economic rights and property rights are not directly protected
  • A right to a business licence is not protected.
  • Corporation’s right to equality or mobility is not protected.

Two-Step Charter Analysis

• Step 1: Is there a prima facie Charter violation?
  • Is there a government act that violates a Charter right?
• Step 2: If so, can the legislation be “saved” under section 1?
  • Is the law a reasonable limit on our rights?
  • Is the infringement proportionate, minimal & rational?

The "Oakes Test" (Reasonable Limits)

• Is the goal of the legislation “pressing and substantial”?
• Proportionality
  • Rational
  • Minimal Impairment
  • Final Balancing