Faculty of Law
Below are the courses available from the LAW subject code. Select a course to view the available classes, additional class notes, class times, and textbooks.
Introduces students to the basic structure and function of the legal system. It will then focus on the way in which law is used to control environmental problems, focussing on major federal and provincial pollution licensing legislation, and the legal duties of persons working within industry. Regimes for environmental impact assessment and the use of criminal and civil enforcement mechanisms will also be included. The relationship between legal rules and non-legal industry standards and voluntary initiatives may also be explored. Note: Open to students in the Civil Engineering (Environmental Option) degree program only. This course may not be taken for credit if credit has already been obtained for LAW 459.
An introduction to the institutions and processes of the Canadian legal system, and its underlying values and systems of thought. Also introduced are the history, structure and function of the modern system, and the role of law and the legal profession in society.
Instruction in the fundamentals of legal research tools and techniques, including the impact of modern technology. Through a variety of written assignments, students will develop their analytical, research, communication and drafting skills, as well as becoming familiar with proper citation methods. Exercises in oral communications, advocacy skills and/or a moot court presentation may also be included.
A discussion of the prerequisites to the creation of contractual obligation: offer and acceptance, intention and certainty, consideration, the requirements of writing and capacity. The effect of misrepresentations and terms of the contract, together with the problems of exclusion clauses and of standard form contracts. Questions of discharge from contractual obligation on the grounds of mistake, undue influence, duress, unconscionable transactions and frustration. Remedies for breach of contract.
A general introduction to the criminal law, including basic procedure, evidence, and sentencing rules, with primary emphasis on substantive criminal law. Topics include the physical and fault elements of offences, common law and statutory defences, and constitutional principles.
The law of negligence, damages, intentional interferences with persons, property and chattels, the law of strict liability, occupiers' liability, nuisance, defamation, the economic torts, the future of tort law.
An introduction to the legal framework governing the exercise of power by the legislative, executive and judicial branches of the Canadian state, covering who has the power to make new laws, the power to implement laws, and the power to adjudicate disputes. The limitations imposed on these powers by the rules of federalism and by the provisions of the Canadian Charter of Rights and Freedoms are also considered. An introduction to the constitutional provisions concerning Canada's Aboriginal peoples is also included.
This course involves the study of basic principles which govern the institution of real and personal property. Included in this analysis will be the history of property law and issues of social and political context. Other topics include right incident to the ownership and possession of land, tenures and estates, concurrent ownership, dower, leases and tenancies, easements, restrictive covenants, finders law, bailment, and gifts. Other special issues may be explored.
Designed to provide an understanding of the legal constraints courts have placed on the behavior of administrative tribunals and government departments. Topics to be discussed: What is Administrative Law? How the courts supervise the acts and decisions of administrative bodies. Pitfalls to be avoided by administrative officers: errors of fact and law; excesses of discretion; breach of natural justice. How administrative acts and decisions may be attacked by an aggrieved citizen: remedies. Appeal and review, time limits, locus standi, choice of remedy, procedure. How to avoid attacks by aggrieved citizens. The practical outcome; strength of review. Recent trends in Administrative Law in Canada.
The laws governing corporations including: pre-incorporation matters; the corporation as a legal person; the tortious, criminal, regulatory, and contractual liability of the corporation; fiduciary duties in general and in commercial relationships, especially in the context of directors and officers, corporate social responsibility; corporate management; shareholder rights; and shareholder remedies.
The fundamentals of the traditional litigation process (under the Rules of Court and applicable statutes) and current issues including access and reform.
The principles, rules, and procedures governing the admissibility of evidence in criminal and civil trials. Topics include competence and compellability, relevance, prejudicial effect and probative value, and character, hearsay, and expert evidence.
Which courts have jurisdiction when a private law dispute involves parties, property or events in more than one jurisdiction? Which jurisdiction's law should govern a dispute with a foreign element? When will our courts enforce the judgements of foreign courts?
An examination of the organization of the legal profession in Canada and the professional conduct of lawyers as determined by law, ethical codes of conduct and service to the public interest. Specifically, the course will address civility in communication and conduct, common ethical issues in practice, the fiduciary nature of the lawyer's work, conflicts of interest, confidentiality, lawyer professionalism, and the lawyer's role in the administration of justice including access to the legal system.
An examination of law from a theoretical rather than a doctrinal perspective. Every year, the course will consist of a number of seminar offerings whose focus will be on a broader theoretical examination of law, legal processes, and institutions. Each of these courses will allow a critical examination of law from a variety of perspectives such as; legal theory, literature, politics, economics, social and cultural development, and religion.
An examination of law and legal institutions from a historical perspective designed to explore continuity and change in common, statute, and constitutional law. Every year, the course will consist of a limited number of seminar offerings whose focus will be on the historical development of law, legal processes, and institutions.
An exploration of the policy challenges associated with emerging biotechnology innovations, including stem cell research, human cloning, gene patents and bio-banking. While the course will cover relevant national and international law, its emphasis will be on ethical and policy issues. Credit will not be granted if credit has been received for Biotechnology under the LAW 599 course number.
An introduction to construction law, concerning issues such as tendering, contractual relationships between various parties to the construction process, construction delivery systems, standard form agreements, bonding and insurance, the impact of tort law on construction activities, builder's lien law, occupational health and safety law, and environmental law relating to construction.
An exploration of theoretical and legal issues bearing on employment outside the unionized/collective-bargaining context, including employment as a legal relationship, independent contractors, dismissal with and without just cause, damages, and the impact of key statutes. Emerging issues shall be explored, such as the protection of confidential information, the duty of good faith, discrimination, and post-employment obligations. This course complements the Labour Law course.
The scope and purpose of taxation. The taxing power; tax appeal procedures; constitutional problem. Personal jurisdiction. Property jurisdiction. Income from a business; capital gains and losses; statutory interpretation, deductions, expenses. Gift tax.
A survey of the foundational principles, structure and institutions of public international law, including the nature of the international legal system, the sources of international law, and the relevance of international law to the Canadian legal system. The role of international organizations, such as the United Nations, will also be discussed.
This course focuses on the practice of human rights law in Canada. The importance of anti- discrimination legislation will be discussed, as will the development, interpretation, and enforcement of the Canadian Human Rights Act and the provincial legislative schemes. Reference will also be made to the international context and to the equality provisions of the Canadian Charter of Rights and Freedoms. Students will also learn the practical aspects of litigating a human rights case in Canada.
Mediation is a problem-solving process requiring approaches differing from those used in traditional litigation. This course teaches the mediation process from the advocate's perspective and provides an opportunity to practice the skills necessary to become an effective mediation advocate.
This course focuses on remedies in a commercial setting, regardless of which 'compartment' of law with which they are typically associated. The course will explore issues related to traditional contract remedies, contract-tort overlap, and equitable remedies. It will also consider some of the problems associated with personal injury claims including quantification issues and the role of insurance.
An in-depth analysis of the nature, purpose, and methodology of negotiation. Mock negotiations will be undertaken by the class. Mediation and arbitration will be discussed.
The law governing the enforcement of judgments by unsecured creditors. Will provide an in-depth analysis of the Civil Enforcement Act of Alberta. Topics include prejudgment remedies, registration and priority of writs, enforcement against personal property, enforcement against land, garnishment and distribution. Will also cover fraudulent conveyances and preferences..
This course develops skills of negotiation preparation and execution, as well as contract drafting in the interesting context of the music business. The course canvasses the major legal and business issues that arise in contract negotiations involving myriad aspects of the music business including most prominently copyright and trade-marks. Students will be expected to elaborate key issues in a position paper, participate in contract negotiations, and finally, draft a contract with respect to a major aspect of the music business, e.g., record contracts, touring, personal managers, or publishing contracts. Credit will not be granted if credit has been received for Music and the Law under the LAW 599 course number.
A study of the law with respect to patents, trade marks, trade secrets, copyrights and intangible property generally.
General principles affecting insurance contracts including good faith, indemnity, subrogation, and insurable interest; particular problems arising out of the Alberta Insurance Act in relation to automobile, life and fire insurance.
An overview of the entire criminal process, from the investigatory stage to the laying of charges through to appeals. The primary emphasis will be on the pre-adjudicative phase of criminal matters, particularly the authority of the police to detain, search/seize, question and arrest individuals.
An introduction to and survey of the law of sentencing. Topics include the history of punishment, the philosophical underpinnings of sentencing law, the evidentiary rules governing sentencing hearings, and the substantive principles of adult and young offender sentencing.
The formation and annulment of marriage; various matrimonial remedies; judicial separation; alimony; loss of consortium; divorce; ground and procedure; custody of children; financial obligations and property rights between spouses.
Selected students are afforded the opportunity to undertake an independent research project on an approved topic under the direct supervision of a full-time Faculty member resulting in the submission of a research paper of 8.000 to 10,000 words. In addition to advanced knowledge; the course is designed to enhance problem solving skills, legal research methodologies and techniques and legal writing and communication skills. Material submitted for assessment in another course cannot be used in an independent research project.
In this course, students will develop an understanding of health law and health care ethics, and of the relationship - and tensions - between law and ethics in the health care context. Topics covered will include allocation of health care resources, physician-assisted suicide and euthanasia, organ donation, assisted reproductive technologies, medical tourism and research involving human subjects.
Selected topics pertinent to law and medicine with an emphasis on the practical implications of the law for the medical profession and the effect of changes in medical practice and institutions on the law. Problems will be examined with assistance from professionals working in the relevant areas and recommendations for law reform will be sought.
Will address current issues in constitutional litigation particularly those involving the Charter. The emphasis will be on both substantive knowledge of constitutional litigation issues and development of skills within that framework. Issues such as pleadings, interventions and class actions, examination of lay and expert witnesses, the use of extrinsic aids, statistical and other forms of ordinary and expert evidence, forms of remedies, form and role of written briefs, and other related matters will be addressed.
Entails an examination of various current problems in constitutional law. Topics covered in past years include Criminal Justice and the Charter, Comparative Constitutional Law, and Federal/Provincial Law.
Students enrolled in this course will be involved in all facets of the production of the Alberta Law Review, including the assessment, selection and substantive and stylistic editing of manuscripts submitted for publication. Students enrolled in this course must normally participate as a member of the Law Review for two academic years to be eligible for credit. Students may be admitted only on application.
In this course, students, as clerks, will serve as a research assistant for one or more Judges of the Courts and shall have the opportunity to gain experience in litigation from a judicial perspective. Duties will be assigned by the Judge coordinating the program for each court.
A detailed study of the Alberta Land Titles Act consisting of an analysis of the Common Law and Registry Systems of Conveyancing; Introduction to the Torrens System of Land Titles; The Principles of Indefeasibility; Exceptions to Indefeasibility; Boundary Problems; Caveats; Registrable Instruments; Miscellaneous Title Problems; Remedies and Limitations; Reform.
The origin, occurrence, and production of oil and gas; the nature of interests in oil and gas; the acquisition and disposition of interests in oil and gas; the rights and duties of parties under oil and gas leases; pooling of oil and gas interests; acquisition of surface leases and pipeline easements.
Fiduciary law regulates relationships which depend, for their efficacy, on a strict duty of loyalty. Fiduciaries have protective responsibility for the interests, both economic and non-economic, of other persons, usually vulnerable persons. Fiduciary law regulates diverse relationships, including relationships between joint venturers, business partners, directors and senior management and corporations, senior employees and employers, professional service providers, lawyers, doctors, accountants, therapists and their clients and patients, principals and agents, the Crown and Indigenous Peoples and parents and their children. Topics covered will include the nature of fiduciary relationships, obligations of fiduciaries, including the obligation to avoid conflict of interest and remedies for breach of fiduciary obligation. Some attention will be paid to unexpected fiduciary relationships and the interrelation between fiduciary law and other sources of liability.
The purpose of this course is to assist students in developing skills in the interviewing and counselling process. The course attempts to introduce and develop models for interviewing and counselling. The principal model is one that stresses a client-centred approach.
The judicial, legislative, administrative and policy problems related to the regulation and management of natural resources, including problems of allocation, development, use, pollution control, and conservation.
The law and policy relating to the allocation of the right to consume water, with a focus on Western Canada, and the maintenance of water quality. The issue of water scarcity in an era of climate change and its ramifications in Canada and the world. Indigenous water rights and the protections of aquatic resources. Jurisdiction over water and the role of the federal government in water management. Water in International Law in North America and the world, with a focus on the law applicable to International Rivers.
Legal problems concerning the establishment of collective bargaining; negotiation and enforcement of the collective agreement; the activities of unions and employers in industrial disputes; and the internal affairs of labour organizations.
The law and practice relating to interest and rights arbitrations in Alberta. The course will be taught partly as a seminar and partly through a series of mock arbitrations in which students will act as counsel.
This seminar course focuses on the international legal protection of human rights (political, civil, economic, social and cultural rights). It may also consider the rights of women, children's rights, regional human rights systems, Canadian implementation of international human rights obligations, national human rights institutions, transitional justice issues, and the interface with international humanitarian law.
Over the past 50 years, the law has begun to regulate the human treatment of animals with increasing seriousness. Notwithstanding these developments, there are many concerns about the way our society treats the non-human animals in our care. This course explores the history, philosophy, and ethical foundation of humanity's treatment of animals and asks whether our current legal treatment of them accords with our stated goal of preventing unnecessary cruelty to animals. It also looks at common legal problems that arise under the existing paradigm, and considers what these problems reveal about our stated concern for non-human animals.
Canadian laws and policies designed to control air, land, and water pollution, including licensing systems, the use of quasi-criminal sanctions, environmental impact assessment processes, constitutional issues, and the usefulness of the common law. Other topics may include alternative legal approaches, such as economic incentives, wildlife protection, environmental rights, parks, the public trust doctrine or environmental mediation.
An introduction to the international legal framework for the prosecution of international crimes and crimes of international concern, and the examination of the international community's response to these crimes through the creation of international and internationalized criminal tribunals, including the International Criminal Court. Topics for further examination include immunities, amnesties, and sentencing, as well as the domestic prosecution of international crimes in Canada and other forms of Canadian cooperation.
This is a survey course on the international and domestic law governing the transactional aspects of international trade/investment activities of Canadian and foreign business entities. Topics covered include contract types and drafting, international sale of goods, financing of transactions, dispute settlement by international commercial arbitration, export/import laws, human rights and MNCs, anti-bribery laws, and international investment law.
This seminar course provides an introduction to the law of the World Trade Organization (WTO) and free trade agreements. WTO topics will include the core legal principles in the General Agreement on Tariffs and Trade (GATT 1994), subsidies and dumping, traderelated investment measures and trade in services. The structure and core legal principles of a selection of free trade agreements entered into by Canada will be discussed, including those with the USA, Mexico, EU and Pacific Rim nations.
This course will give students the opportunity to understand the Japanese, their society and their law in the context of international society. The exact contents of the course will depend on the speciality area of the visiting professor.
A brief survey of the historical development of the trust. Definition and classification of trusts. Creation of express trust; the three certainties. Completely and incompletely constituted trusts. Secret, protective, discretionary and illusory trusts. Charitable trust and the rule against perpetuities. Cy-pres doctrine. Non-charitable purpose trusts. Implied or resulting trusts. Constructive trusts. Revocation, termination and variation of trusts. The appointment, retirement and removal of trustees. Duties, discretion and powers of trustees. Breach of trust.
Principles of the Wills Act, including formalities of execution, revocation, revival, republication, types of legacies, and principles of construction. Testamentary capacity, fraud, and undue influence. Drafting of wills. Appointment of executors and administrators, their powers and duties; probate practice.
Participants will acquire an understanding of the rules, principles and policies underlying modern bankruptcy and insolvency law. The principal focus of the course is on the federal Bankruptcy and Insolvency Act. Topics include the invocation of bankruptcy, the vesting of property in the trustee in bankruptcy, the effect of bankruptcy on third parties, impugning pre-bankruptcy transactions, the scheme of distribution, and bankruptcy discharge. The course will also examine reorganizations under the federal Companies' Creditors Arrangement Act, and review the foundational features of receivership law.
Commercial law is the body of law that governs commercial dealings between business entities. This course explores the legal rules and principles that govern four highly significant types of commercial transactions. Sales law deals with the implied terms, passage of property and other related issues under a contract for the sale of goods. Negotiable instruments law covers cheques, bills of exchange and promissory notes. Securities transfer law deals with both direct and indirect holding systems for the holding and transferring of shares bonds and other forms of investment property. The law of guarantees deals with contractual undertakings to answer to another person's default.
The course will provide an in-depth analysis of the law of secured transactions in personal property. The salient features of the Alberta Personal Property Security Act will be examined, including topics on the scope of the Act, security agreements, the concepts of attachment and perfection, the priority of security interests in relation to other interests, proceeds and enforcement of security interests.
An in-depth analysis of Immigration Law in Canada. Will review the Immigration and Refugee Protection Act and Regulations and look at various tribunals involved in the immigration process including the Immigration and Refugee Board and the Federal Court. Will provide a brief historical review and discuss new developments in the law and important policy areas.
These courses will cover specialized topics of emerging importance in the law at a senior level in a format with a significant out-of-classroom component. The particular topic covered would vary dependent on the availability of Faculty with necessary teaching competence, student interest, and the needs of the legal profession.
This is a survey course on Indigenous Peoples in Canadian Law. Subjects covered include issues of race and legal reasoning, legal and historical foundations of claims to Indigenous rights, treaty rights, Métis rights, Indigenous peoples and the Constitution, Indigenous claims negotiation and litigation, the Indian Act, and contemporary legal and political developments including an introduction to Indigenous law, jurisdiction and governance. The course is organized as a seminar in which a great deal of learning arises from discussion and class participation.
The TRC Final Report called for significant change in the Canadian justice system's relationship with Indigenous peoples. These calls to action extended to law societies, lawyers, law schools, and government. How do Indigenous and non-indigenous lawyers practice law or for law impacting Indigenous peoples in the age of reconciliation? Are current laws compatible with the justice and reconciliation called for by the TRC? How did we get to where we are today? This highly interactive seminar draws on the TRC Final Report to critically engage with current legal issues in their social and political context.
The course comprises an examination of substantive criminal law particularly: offences against the person and rights of property; the jury system; juvenile justice and quasi-criminal proceedings; and, the extraordinary remedies.
The development of international law in the environmental area. Topics to be covered include: customary principles of state responsibility; multilateral environmental treaties; global atmospheric issues; toxic contamination; sustainable development; biodiversity conservation; and international trade implications. It is recommended, but not required, that students enrolled in this course take Public International Law.
An analysis of, and problems in, the Law of Torts.
Selection to the Gale Cup, Jessup Moot, Laskin Moot, Kawaskimhon Aboriginal Moot, Western Canada/Sopinka Trial Cup Trial Moot, Canadian Corporate/Securities Moot, Labour Arbitration Moot, Alberta Court of Appeal Moot, Client Counselling Competition, Clinton J. Ford Moot, or other designated moot competition team through a preliminary round competition, preparation of a memorandum, factum or memorial, training in oral advocacy or criminal trial practice through practice rounds, and participation as a representative of the law school at the moot court competition.
These seminars will cover specialized topics of emerging importance in the law at a senior level. The particular topic covered would vary dependent on the availability of Faculty with necessary teaching competence, student interest, and the needs of the legal profession. Sections may be offered in a Cost Recovery format at an increased rate of fee assessment; refer to the Fees Payment Guide in the University Regulations and Information for Students.
Corporate reorganization and restructuring law defines a process through which an insolvent corporation attempts to reach an arrangement or proposal with its creditors. Students will acquire an understanding of the fundamental rules and principles of corporate reorganization and insolvency law within the context of a legal skills-training simulation that will also develop their ability to advise clients, negotiate with other lawyers and present arguments before a judge. Prerequisite: LAW 584.
An introduction to family law practice. The course will address all aspects of family files, including chambers advocacy, preparation and presentation of affidavits, special chambers briefs, JDR's, questioning, mini-trials, Examinations for Discovery and Examinations on Affidavit, pre-trial conferences, and trials. The course will also explore the use of other professionals in family matters, including accountants, valuators and psychologists. Practice issues covered include the special challenges of interviewing, managing client expectations, impact of separation on children, reading financial statements, and handling stress in family practice. Collaborative law practice as an alternative to litigation will be introduced. Students will moot a full special Chambers application. Prerequisite: LAW 524
A study of residence and non-residence for tax purposes, the taxation of non-residents who earn income in Canada, the taxation of Canadian residents who earn income outside Canada, and the interpretation and application of Canada's bilateral tax treaties. Prerequisite: LAW 504.
The conduct of civil litigation including: interviewing and counselling, drafting pleadings, examinations for discovery, settlement attempts, preparation for court and participation in a mock trial. Emphasis on ethics and techniques of persuasion. Prerequisites: Completion of LAW 453.
The objective of the course is to provide students with a basic and general understanding of securities law, as well as the public policy concerns underlying securities regulation in Alberta and Canada. The course covers the foundational concepts of securities law, as well as such topics as the prospectus process, exempt market transactions, continuous disclosure requirements, insider trading rules, take-over bid rules, civil liability, and enforcement. Prerequisite: LAW 451.
The law relating to purchases and sales of real property, including a review of the following: role of the realtor; statutory and other relevant considerations in a real estate transaction; obligations of vendors in relation to title and quality defects; the closing of a typical real estate transaction; the remedies of vendors and purchasers.
This course studies the rules, techniques and approaches used by lawyers and the courts to interpret legislation. Topics include textualist, intentionalist, purposivist approaches, and the canons of statutory construction.
This course explores the legal framework governing land use policy and regulation in Canada, with particular emphasis on Alberta. We begin with some controversial questions: When should development be regulated, and when is it best left to the market? What powers should local governments have, and what role should they play in land use planning? We proceed to study the development approval process, including the rights of neighbours to challenge undesirable development, and the institutions and processes for resolving land use disputes. We analyze a range of public and private regulatory tools (including Alberta's land use framework, statutory plans, zoning by-laws, subdivision controls, and restrictive covenants and homeowner associations), focusing on their relative efficacy and fairness. Planning theory and economic analysis will be applied to contemporary debates over such problems as sprawl and smart growth, and affordable housing.
A review of the objectives of estate planning; study of various estate planning techniques with the use of hypothetical problems; an examination of provisions found in the Income Tax Act which affect estate planning, estate tax, and gift tax. Prerequisite: LAW 504.
The tax consequences of corporation financing; amalgamations, mergers, international business transactions; tax planning from a corporation and personal standpoint; and trends in taxation. Prerequisite: LAW 504.
Course is designed to offer an in-depth analysis of several areas of current practical value for lawyers. The course will discuss recent developments and future possibilities relating to hearsay evidence, technology and opinion evidence, children as witnesses, and privileges. The course will track developments as to Charter-connected matters of the law of evidence, relating to burden of proof, discovery and disclosure, and principles of law touching on exclusion of evidence such as the 'discoverability' rule. The course may also examine special evidentiary rules applicable to special tribunals and boards. Prerequisite: LAW 453.
Comprises the capstone major research paper requirement for the course-based LLM, enabling course-based LLM students to conduct advanced independent research under the supervision of a full-time member of the Faculty of Law. The paper will apply and further develop graduate-level research and writing skills learned during the course-based LLM program. The topic of the paper shall be approved by the course instructor and the Associate Dean (Graduate Studies), Faculty of Law. The paper shall be approximately 40 to 60 pages (10,000 to 15,000) words in length, inclusive of footnotes or endnotes. Material that has been submitted for assessment in another course may not form part of the major research paper.
This course enables graduate students to gain advanced knowledge within a chosen field and develop graduate-level legal research and writing skills. Independent research on an approved topic will be conducted under the supervision of a full-time member of the Faculty of Law, resulting in the submission of a written research paper of approximately 32 to 40 pages (8,000 to 10,000) words in length, inclusive of footnotes or endnotes. . The research topic is subject to the prior approval of the course instructor. Material that has been submitted for assessment in another course may not form part of the independent research paper. When the student is enrolled in the thesis-based LLM, the research paper topic shall be different from the thesis topic.
This is an academic methods and theory seminar for graduate students. Students will have an opportunity to think critically about developing projects based on sound research methodologies and theoretical frameworks in order to pursue original legal scholarship at an advanced level. Enrollment restricted to graduate students.
Graduate Level. These seminars will cover a specialized topic of emerging importance in the law. The particular topic covered would vary depending on the availability of faculty with necessary teaching competence, student interest, and the needs of the legal profession.