Political Science 403F, Fall Term, September to December, 2005
Rights and the Canadian Constitution
EssayThe essay/research paper which comprises 40% of the total grade, is to be an exploration of any aspect of the Charter which touches on its political, social or legal implications. It can be general and historical or specific and contemporary. It can be speculative or experiential. Students are to discuss their topics with the instructor no later than November 11. The paper should be no shorter than 10 pages (2500 words) and no longer than 25 pages (6000 words) and is due on Friday, December 9 at 4:30 pm EST. It must be sent by email in Word or Wordperfect formats. Some possible topics are outlined below: 1. Discuss the creation of the Charter and specifically consider the inclusion of some right or set of rights (eg. equality rights) or the exclusion of some right or set of rights (eg. property). 2. Consider how a charter of social or economic rights would add to or detract from the current Charter of Rights and Freedoms. 3. Discuss the appropriateness of the including/excluding economic rights from the meaning of “security of the person” in s.7 of the Charter? 4. Are the democratic rights outlined in the Charter sufficient to ensure full citizenship in the Canadian polity? If so, explain. If not, explain why not? 5. Are the equality rights outlined in the Charter sufficient to ensure full equality of individuals in Canadian society vis a vis their government? If so, explain. If not, explain why not? 6. Consider and discuss whether or not the application of the Charter is too broad or too narrow.
7. Contrast jurisprudence in the United States with s.1 jurisprudence in Canada and assess whether or not the inclusion of s.1 was necessary to the functioning of the Charter. 8. Consider any substantive right within the Charter and consider whether it is too broad or narrow and how it could be appropriately enhanced or restricted. 9. Consider whether or not the rights revolution which occurred in Canada after the advent of the Charter would or would not have happened in the absence of the Charter. Discuss with reference to the rise of civil rights in Canada and/or with reference to a common law country which does not have a similar Charter. 10. Consider whether or not the creation of a federal ombudsman or other administrative justice mechanism would enhance respect for the rule of law and ensure that the federal public administration acted according to Charter rules and values in the administration's day to day operation. |