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Senate ,, 

?

underg.aduate 

Studies 

Subject ......

New .ours.Proposal:CRIM13,5- 

?

Date ?

78/04/21 ? 

.,.. 

Action taken by the Senate Committee on Undergraduate 

Studies at its meeting of 78-03-21 and at its meeting 

of 78-04-11, gives rise to the following motions: 

MOTION 1 

That CRIM 135-3 (Introduction to Canadian 

Law and Legal Institutions: A Criminal' 

Justice Perspective), as set forth in 

S.78-49, be approved and recommended to 

the Board for approval. 

40 .

MOTION 2 

That CRIM 13.5-3 'replace CRIM .130-3 

(Philosophy of Law) as a"strongly 

recommended" course for students taking 

CRIM 230-3 (Criminal Law); that CRIM 

230-3 be removed as a prerequisite to 

CRIM 330-3 (Criminal Procedure 'and 

Evidence) and that CRIM 135 be added as a 

"strongly recommended" course. 

Note- SCUS recommended approval of CRIM 135-3 only after 

discussing issues of course overlap at some length. In fact, 

CRIM 135-3 was referred to an Ad Hoc Legal Studies Committee 

consisting of representatives of the Departments of Criminology, 

Economics and Commerce, and Political Science. That Committee 

advised us that the need which CRIM 135 was designed to meet. 

could not be met by existing courses in other departments 

or even by adapting one of those courses by modifying its 

emphasis. SCUS then moved to recommend approval of CRIM 135 

and to waive the time lag requirement in order that it may 

be first offered in the fall semester 1978-3 

.

. However, it 

was agreed that the Chairman of SCUS and the Deans of Arts 

and Interdisciplinary Studies should consult and establish 

a committee to examine further the possibility of rationalizing 

lower division law-related course offerings. 

D. R. Birch 

/cg ? . 

• . .

SiMON FRASER UNIVERSITY

scus

^

v- a 

MEMORANDUM

AL

L MEMBERS

SENATE COMMITTEE ON UNDERGRADUATE

H. M. EVANS, SECRETARY

SENATE COMMITTEE ON UNDERGRADUATE

.19.7.8...................................................................

j.Uifl.L)

2a) NEW COURSE - CR114 135-3 -

INTRODUCTION TO CANADIAN LAW AND

LEGAL

INSTITUTIONS

b) USE OF CRIM 135 AS A PREREQUISITE

At the SCUS meeting of February 21 consideration was given to

the proposed new course, CR114 135-3 under Papers SCUS 78-6, SCUS

78-6A, SCUS 78-6B and SCUS 78-6C.

. . .

Referral was made to the ad hoc Committee on Legal Studies

and a response has now been received. The general enquiry to. that

Committee and the response are attached together with the papers

pertaining to CRIM 135-3.

HME/rn

SiMON FRASER UNIVERSITY

.H..M.. ?

From...... S,..V

dunJones ,...Cbairnrt ?

Ad Hoc Caiudttee on Legal Studies 

............. ....... 

? Cittee.,.on ... ? 

derduate ... Sdies.................. 

.... 

..... ............ ...... 

...................................................................................

. .......... . 

Subject

...........

Law...Courses 

.......................................................

.................

Date.

.....

At a meeting of the Ad Hoc . Caxunittee on Legal Studies held on 

February 2'i, 1978, the SCUS motion as set out in your meim of February .23., 

1978 (copy attached); was considered. It was the view of the . Canmittee 

that the purposes of the students . could be better served through . several 

law-related . courses. It was agreed that there should be . formal and 

continuing consultation among the instructors involved with these courses 

in the development of respective course outlines and course content to 

attempt to avoid . course overlap issues. 

att. 

c.c. ? 

T.

Calvert 

E. Fattah 

D.

Birch 

A.

Doerr 

M.

Stark 

vi,.R1 C)

ScRP.R'S

°''Tt

&AIL DESc

MEMORANDUM

I

SiMON FRASER UNIVERSITY

MEMORANDUM

"I -

rl'

.,•

A ?

DOERR, S 

?

VERDUN-JONES, M 

?

SCARK 

..

,

From ? 

H ?

M ?

EVANS, SECRETARY 

To

SENATE COMMITTEE ON UNDERGRADUATE 

STUDIES. ? 

. ?

.. ? 

.

Subject .......

LAW ? 

.....   

.......................................... 

' ?

Date ?

WARY23,

1978

.................................................

At the meeting of the Senate Committee on 

Undergraduate Studies 

held Tuesday, February 

21,

1978, consideration was given 

to

the proposal . 

from the Faculty of Interdisciplinary Studies for 

'a new course, CR114 

135-3 — 

Introduction to Canadian Law and Legal Institutions 

?

istributed docents from the 

Also at that meeting there 

?

um

Vacuity of Arts concerned with potential overlap 

The pertinent papers are provided herewith, entitled SCUS 78-6, 

• ? 

78-6A, 

?

78-6C. ? 

.

?

,

?

,.

?

'

?

;.

?

" ?

•. 

?

"

?

.

?

.

?

.

Also provided herewith 

is

an extract from, the.niinutes of SCUS 

?

:. . 

concerned with this topic 

?

SCUS approved as follows 

"That CR114 135 be referred to the Committee on 

Legal Studies to consider the offering of bier 

division courses relating-to law and report •.',;.., 

?

. ?

. .' ? 

. ?

•..

back to SCUS within one month." 

.. ? 

. ?

, ?

•

The Committee is asked whether it is feasible to meet the needs 

of students in various departments through one course. 

?

The report would 

be required by the Secretary of SCUS by March 14 to be back before SCUS in' 

a month 

It is hoped that the minutes of SCUS 

may

be of 

.'

some assistance' 

'• 

' '. 

?

to you in considering the request from this Committee. , A. Doerr 

.

was in 

attendance and undoubtedly will be able to provide additional information 

should you require it. 

?

In addition, if you have 

,

further 

44estions,p1eaae 

t'

lemeknow 

Your assistance would be much 

appreciated 

}JNE/rn ? . ? 

cc T. 

?

Calvert ? . ? . ? 

. ?

. ?

'..

E. ? 

'Fattah 

?

,

?

. ?

. ? . ? 

. ?

.

?

•.

. ?

D. Birch 

?

.

. ?

•

o

"; v 

L14

.. ? a'$)'.

ASSOCIATION dos ETUDIANTS

SIMON FRASER

do SIMON FRASER STUDENT SOCIETY

MEMORANDUM

To........

..r. 

...N..Verdun 

. -Jois ? 

..................

Sublect 

............................................................................... 

From .....

David..HornA,...PreSi4eIt................................ 

?

Criminology 

..Studen.t..Unon.......................... 

?

Date..... Feb.....27.,..19.7.&................................................... 

In the month of January, 1978, the Criminology Student Union discussed the proposed 

introductory law course in the Criminology curriculum. We came to the conclusion 

that such a course was desirable In that it would fill the void that now exists 

in the lower level courses. This course would be beneficial to Criminology students 

in that it would serve as an introduction to legal principles interacting with the 

criminal justice process. We feel that other lower levels courses such as Crim. 230, 

Pol. Science 151 and Econ. 293 do not adequately cover this area, thus we are 

in favour of having this course added to the curriculum. 

RECEUED

MAR I

1978

11EGISTRAR

OffII

MA DESK

SiMON FRASER UNIVERSITY ?

MEMORANDUM

gcUs

7".

To .............. Mr... .H.M....Evans,....Regis.tr.ar

....and..................

Secretary of the Senate Committee

on-Undergr

duate-

Studies,...................................

Subject....

I.. S.0....7.7-25(b).. Bevised..Course

Proposal -

CR1M

135-3

Introduction to Canadian

Law

and

Legal Institutions

From ... .J... Blanchet, .

Secretary...

of...the...........................

Faculty

of Interdisciplinary Studies

Undergraduate..

Curricuhnn.. Committee................

Date.... February ... 3,1978.....

The

Faculty of Interdisciplinary

Studies 

Undergraduate

Curriculum 

Committee

has reviewed

and

approved

the attached revised new course proposal,

and

forwarding it to you for

inclusion

on

the

agenda

of the Senate Committee

on

Undergraduate Studies.

The

Committee passed

the following motion

with

regard to this proposal.

^Z

"That the 

Faculty

of

Interdisciplinary Studies

Undergraduate

Curriculum

Committee recognizes

relatively 

structured

course 

which

will 

introduce

the principles of law 

from a criminal

justice perspective. We find that no other

course in the University fulfills this need, 

and

therefore find that 

any

possible partial overlap 

is justified." 

-1

iAST

Janet M. 

lanchet

JMB:

Attachment

LJva 

%_1 J.

.L%4 ? .I .. ?

V ?

MEMORANDUM ? 

DEC

111

051977

?

From

Ezzat A. 

flsnartmnt

of

r.riminôlnav'-....L

J

T'

?

*

See below 

Undergraduate CurriculumCtteW 

Sublect..

Course Proposal: CRIM. 135 

?

Date

1 December, 1977 

Enclosed please find a modified course proposal CRIM. 135 - Introduction 

to Canadian Law and Legal Institutions: A Criminal Justice Perspective. As 

you will see from the attached material, Professor Simon Verdun-Jones who 

prepared the course outline has introduced substantial changes as a result of 

the objections that were raised by the Economics and Commerce and Political 

Science Departments. Hopefully, the modified course proposal will be acceptable 

to the two above mentioned departments. 

I wish to thank you in advance for the attention you will give to this 

matter. 

•

1-1

;At

ZI?i(

t—

tzzat A. Fattah 

EAF/djm ? 

•

Atts. 

?

*'43r. Tom Calvert, Dean, Faculty of Interdisciplinary Studies 

Dr. Audrey Doerr, Department of Political Science 

Dr. F. Quo, Chairman, Department of Pp1itieal Science 

Dr. B. Schoner, Chairman, Department of Economics and Commerce 

\

.,t

SENATE COMMITTEE ON UNDERGRADUATE STUDIES 

0 ?

NF14 COURSE PROPOSAL FORM 

1.

Calendar Information 

Department: 

Criminology 

Abbreviation Code: 

C RIM 

. ?

Course Number: 

-

135

?

Credit Hours: 

3

?

Vector: 

2-1-6 

Title of Course: 

?

Introduction to Canadian Law and Legal Institutions: A Criminal 

Justice Perspective 

Calendar Description 

of Course: 

A general intro, to the fundamental principles of Canadian 

jurisprudence & to the basic legal institutions of Canada which is specifically designed to 

prepare students for those •law'& law-related courses presently offered within the Dept. of Crim. 

What is Law? Common law & Civil law, history of Canadian law. The Legal Profession in Canada. 

Intro. to basic elements of administrative law & the principles of natural justice. Nature of 

legal reasoning. Doctrine of precedent. Elementary Principles of statutory interpretation. 

Nature oCourse 

2 hour lecture and a 1 hour tutorial weekly 

?

(see attached) 

Prerequisites (or special instructions): 

None 

What course (courses), if any, is being dropped from the calendar if-this-course is 

approved: 

None 

2.

Scheduling 

Row frequently will the course be offered? 

?

Twice a year. 

Semester in 

which the course will first be offered? 

?

78-3 

Which of your present faculty would be available to make the proposed offering 

03.

possible? 

S. Verdun-Jones and others 

Objectives of the Course 

(see attached) 

4.

Budgetary and Space Requirements (for information only) 

What additional resources will be required in the following areas: 

Faculty 

This course will become part of the regular teaching load of one of the faculty 

members whose area is law 

Staff 

Library 

Some legal material will have to be added to the library. This legal material 

is needed whether or not this course is approved to meet the requirements of the 

Audio Visual 

other courses dealing with law in the Criminology curriculum 

Space 

Equipment 

5.

Approval 

Date; 

'

AZ-v. 

3c,

?

Fh'2)

It7

4QY

went Chairman' 

?

Dean ? 

Chairman, SCUS 

SCUS 73-34b:-- (When completing this form, for instructions see Memorandum SCUS 73-34a. 

Attach course outline). 

Crim. 135 

Calendar Description of Course: cont'd 

Introduction to some of the major principles of Canadian law - contracts and torts; 

the state and the family; special position of Quebec. Process of law reform in 

Canada. How to use a law library; basic legal research. 

is

Grim. 135 - Objectives of Course 

1.

to lay the foundation for students to gain the maximum benefit from law and 

law-related courses offered within the Department of Criminology 

2.

to emphasize those aspects of Canadian law and legal institutions which will 

be of particular significance to criminology students 

3.

to familiarize students with the fundamental principles of Canadian jurisprudence 

4.

to identify the basic legal institutions of Canada 

5.

to introduce the concept of law as a process of authoritative and controlling 

decision-making and to enable the student to identify this process in operation 

at various levels of the legislative, judicial, and administrative processes 

6.

to introduce the.principle resources of a law library and to develop the 

ability to make use of law reports, statutes, and law journals in the investigation 

of basic legal problems 

7.

to develop an understanding of the broad social, historic, economic, and 

political contexts within which Canadian law and legal institutions have developed 

8.

to foster an understanding of the constitutional framework within which Canadian 

Courts and legislatures function. 

Criminology 135-3 

INTRODUCTION TO CANADIAN LAW AND LEGAL INSTITUTIONS: 

A Criminal Justice Perspective 

The Department of Criminology presently offers a wide range of law and 

law-related courses: 

Crim 

130-3         

Philosophy of Law 

Crim 132-3         

Sociology of Law 

Crim 230-3         

Criminal Law 

Crim 231-3         

Introduction to the Judicial Process 

Crim 

330-3         

Criminal Procedure and Evidence 

Crim 335-3         

Human Rights and Civil Liberties 

It has been the experience of instructors offering these courses that students 

frequently lack an understanding of the basic nature of law and legal insti- 

tutions In Canada. Since the courses are constructed on the assumption that 

students do in fact have such an understanding, its absence can lead to major 

difficulties for both students and instructors. For example, one frequent 

complaint made by students Is that there is repetition of introductory 

material from one law course to another; one assumes that such repetition is 

necessary where there is no introductory course which lays the foundation 

for the type of understanding of Canadian law and legal institutions which 

criminology students should possess. 

The introduction of Cri.m 135-3 into the undergraduate curriculum would 

reduce the amount of repetition presently being experienced in the law and 

law-related courses and would lay the basis for students to obtain the maximum 

degree of benefit from taking them. Furthermore, it would provide a foun- 

dation for other criminology courses which required basic understanding of 

Canadian law and legal institutions - such as 

Crim 131-4         

Introduction to the Criminal Justice 

System 

Crim 

151-3         

Introduction to Law Enforcement 

trim 

210-3         

Juvenile Delinquency 

Crim 241-3         

Introduction to Corrections 

Crim 

313-3         

Specific Types of Crime 

Crim 

410-3         

Decision-Making in Criminal Justice 

Crim 469-3         

Professional ? 

Ethics 

The undergraduate 

strands: criminology, 

courses exist in relat 

of the curriculum (see 

introductory course to 

gap within the present 

curriculum in criminology consists of three distinct 

criminal justice, and law. At present, introductory 

ion to the criminology and criminal justice strands 

accompanying diagram). Clearly, the development of an 

the law strand of the curriculum would fill a yawning 

framework of the undergraduate program. 

It must be emphasized that Crim 135 has been specifically designed to 

meet the needs of the Criminology Department. The major objective of the 

course will be to set the law and law-related courses in the criminology 

curriculum within the broader context of the total legal framework in Canada. 

More specifically, areas of the law which might be of particular significance 

12

-2-

to participants in the criminal justice system will be singled out for 

special emphasis and analysis. Nevertheless, while the main theme of the 

course Is related to criminal law and criminal justice, the course will also 

be of great benefit to students wishing to take law and law-related courses 

in other Departments of the university. For example, the brief overview 

of administrative law which Is provided by Crim 135 may well provide the 

student with valuable background knowledge for such courses as 

Pol 356-3 

?

Public. Administration 

Pol 357-3 

?

Public Law 

W..

W^

Instructors of the law and law related courses in the criminology cur- 

riculum-feel most strongly that a course, such as Crim 135-3, must beintro- 

duced at the earliest possible date. There is no course within the general 

university curriculum which offers an Introduction 

to Canadian law and legal 

institutions from a criminal justice perspective. The whole thrust of Crim 

135-3 will be to enable the student to appreciate the theoretical and practical 

relationships which exist between the criminal law and criminal justice system, 

on the one hand, and the total Canadian legal fabric, on the other. 

The benefits which would flow from the introduction of . Crim 135-3 would 

be numerous. For example, students who are studying criminal justice would 

gain immeasurably from a brief overview, of the legal aspects of bureaucratic 

decision-making: a discussion of the decision-making policies of such 

agencies as the National Parole Board In terms of elementary administrative 

law principles would clearly achieve this goal. Similarly, students who are 

examining the nature of society's response to juvenile delinquency and to 

family breakdown would derive considerable benefits from a very general 

introduction to the basic elements of Canadian family law: this. objective 

would be attained by an examination of'family law concepts in the context of 

both the Family Court's concern with delinquency and the involvement of 

criminal justice professionals (such as probation officers) with those 

problems which arise as a consequence of family breakdown'. 'A final illus- 

tration of the approach espoused by CrIm 135-3 would be the section of the 

course which deals with the doctrine of precedent and legal •reasoning. 

Precedent would be discussed in terms both of the role of the Supreme Court 

of Canada as the ultimate appellate court in cases involving criminal, law 

and criminal justice and of the nature of legal reasoning in such cases: 

while both topics are relevant to the Canadian legal system In general 

they will be discussed primarily in terms of material which is directly 

relevant to criminal justice. 

By way of recapitulation, It must be appreciated that Crim 135-3 is 

a response to critical needs Identified by criminology instructors and is 

a course which is designed to cater to students whose special interests are 

in the area of criminal law and criminal justice. Given these factors, 

there can be no possibility that Crim 135-3 duplicates courses offered in 

other departments of the university. The Criminology Department has no 

desire to offer a course which falls more appropriately within the curriculum 

of Political Science, Economics and Commerce, or any other department. 

Crim 135-3 is oriented towards criminal law and criminal justice and thus 

falls inevitably within the purview of the Criminology program. 

Crim 135-3 was developed with the express consent of the Department of 

/3

- j - - 

Political Science. (See item (4) of attached memorandum from Dr. F.Q. Quo 

to Dr. E.A. Fattah). Prior to April 1977, there had been complaints from 

Criminology students to the effect that Pol. 151-3, The Administration of 

Justice (a required lower division course for criminology majors), was being 

offered as a law rather than a political science course and that a good deal 

of its.content duplicated the content of law courses aireading existing 

within the Criminology curriculum. After lengthy discussions with both the 

current Instructor of Pol. 151-3 (Dr. D. Roth) and the instructor for the 

Spring Semester, 1978 (Dr. R. Corrado), it became clear that Pol. 151-3 

could be satisfactorily refashioned so as to reflect the concerns of the dis- 

cipline of political science rather than law. The Department of Criminology, 

being interdisciplinary in nature, decided that it would maintain the 

status of Pol. 151-3 as a required course for its majors because it could 

serve as a vehicle to Introduce students to the approach taken by political 

scientists to the Administration of Justice. The two instructors named 

above have indicated unequivocally that P01. 151-3 would not overlap with a 

• ? 

course, such as Crim 135-3, which took an exclusively legal approach to 

• ? 

Canadian law and the Canadian legal system. Indeed, the present nature of 

Pol. 151-3 is highly satisfactory not only to the Faculty of the Department 

of Criminology but also to those students who are taking the course and have 

expressed their views Informally. 

The Department of Economics and Commerce was not consulted before the 

proposal for the introduction of Crim 135-3 was developed. This lack of 

consultation was the result of a misapprehension as to the nature of Econ/ 

•

?

Comm 293-3, Law in the Economic Society. The calendar description of this 

course, read as a whole, clearly implies that a socio-economic approach is 

taken towards law and legal institutions (see detailed calendar descriptions). 

However, subsequent discussion with the instructor of this course (Mr. M. 

Stark) revealed that Econ/Corn 293-3 is in fact an introduction to law taught 

solely from a legal perspective. It is understood that the Economics 

and Commerce Department would prefer to maintain the present emphasis of 

Econ/Corn 293-3 and that a change in the calendar description may well be 

• ? 

forthcoming. Naturally, this is a matter for the Economics and Commerce 

Department to decide in relation to the needs of its own undergraduate 

curriculum. However, whatever the nature of Econ/Corn 293-3 may ultimately 

• ? 

turn out to be, the specific needs of the Criminology curriculum will remain 

unchanged. Crim 135-3 is intended to meet real and urgent needs within the 

Criminology curriculum and is specifically designed to prepare students for the 

law and law related courses offered within the Criminology curriculum. The 

major focus of Crim 135-3 is on matters related to criminal law and criminal. 

• ? 

justice; obviously the focus of Econ/Comm 293-3 must be entirely different. 

It is believed that the introduction of Crim 135-3 would not require 

additional library resources - at least, in. the short-term. It is hoped that 

the library will continue to upgrade Its law holdings over a period of years 

in order to accomodate the large number of students enrolled In law and law- 

related courses within the Department of Criminology. At present, it is likely 

that, as a result of an application made by a faculty member of the Department 

of Criminology, significant outside funding will be obtained for this purpose. 

•

?

SIMON FRASER UNIVERSITY 

?

DEPARTMENT OF CRIMINOLOGY 

•

Criminology 135-3 

Introduction to Canadian Law and 

legal 

Institutions: 

A Criminal Justice Perspective 

FORMAT:

A two-hour lecture and a one-hour tutorial weekly. 

PREREQUISITES:

None 

CALENDAR DESCRIPTION OF COURSE:

A general introduction to the fundamental principles of Canadian jurisprudence and to 

the basic legal institutions of Canada which is specifically designed to prepare 

students for those law and law-related courses presently offered within the Department 

of Criminology. What is law? Common law and Civil law, history of Canadian law. The 

Legal Profession in Canada. Introduction to basic elements of administrative law and 

the principles of natural justice. Nature of legal. reasoning. Doctrine of precedent. 

Elementary principles of Statutory interpretation. Introduction to some of the major 

principles of Canadian law - contracts and torts; the state and the family; special 

position of Quebec. Process of Law reform in Canada. How to use a law library; basic 

legal research. 

OBJECTIVES OF COURSE:

(1) to lay the foundation for students to gain the maximum benefit from law 

and law-related courses offered within the Department of Criminology. 

(ii) 

to emphasize those aspects of Canadian law and legal institutions which 

.

?

will be of particular significance to criminology students. 

(iii) 

to familiarize students with the fundamental principles of Canadian juris- 

prudence. 

(iv). to identify the basic legal institutions of Canada. 

(v)

to introduce the concept of law as a process of authoritative and controlling 

decision-making and to enable the student to identify this process in operation 

at various levels of the legislative, judicial, and administrative processes. 

(vi) 

to introduce the principle resources of a law library and to develop the 

ability to make use of law reports, statutes, and law journals in the investi- 

gation of basic legal problems. 

(vii) 

to develop an understanding of the broad social, historic, economic, and 

political contexts within which Canadian law and legal institutions have 

developed. 

(viii) 

to foster an understanding of the constitutional framework within which 

Canadian Courts and legislatures function. 

COURSE OUTLINE:

I.

What is law? 

Law as a process of authoritative and controlling decision-making 

• ? 

•

?

Corinôn law and civil law 

Sources of law 

II.

History of Canadian Law 

British law and legal Institutions: reception into Canada 

The civil law system in Quebec 

Particular emphasis on the history of criminal law and the development 

of the Institutions of criminal justice. 

IV

Introduction to the Canadian Constitution 

Constitutional basis of legislative and judicial authority 

B.N.A. Act 

Concept of subordinate legislation 

Nature of the Canadian Bill of Rights 

Special reference to the constitutional aspects of the criminal justice 

system and to problems raised by the proliferation of regulatory 

legislation enforced by the criminal sanction. 

The Canadian Court System 

Civil and criminal courts: trials and appeals 

The Supreme Court of Canada / its role and function 

Role of courts in Canada 

The Legal Profession in Canada 

Particular emphasis upon the role of the Supreme Court as an appellate 

body in the area of criminal law and on the ethical rules applicable 

to members of the legal profession engaged in the practice of criminal 

law

.

V.

VI.

VII. 

Ix.

IuV.

Tribunal 

Introduction to Administrative Law 

AAvn4n4trti%1P Tribunal

in the Criminal Justice System 

The Quasi-Judicial hearing 

Principles, of Natural Justice 

Federal and Provincial 'Rule-Making agencies 

Concept of structuring administrative discretion with particular emphasis 

upon prosecutorial and police discretion 

Recent attempts to extend the application of the principles of natural 

justice to federal agencies such as the Canadian Penitentiary Service and 

the National Parole Board 

How to use a law library 

Basic legal research 

Particular emphasis upon legal materials relating to criminal law, evidence, 

and procedure 

Introduction to the basic elements of legal reasoning -. especially as It 

is manifested in criminal law 

The doctrine. of stare decisis in Canada 

?

.

Elementary principles of statutory interpretation 

Stages Of legislation from Bill through Statute to regulation and 

bureaucratic application 

Particular emphasis. upon criminal legislation 

Introduction to Canadian law with particular emphasis upon concepts 

.

of

the law which enhance understanding of the criminal law and criminal 

justice system 

Basic elements of a contract 

Nature of torts law; distinction between torts and crimes 

The state and the family 

Basic concepts of private property 

The special position of Quebec 

The Process of Law Reform in Canada 

The work of the Federal and Provincial Law Reform Commissions 

Reform In the criminal law and criminal justice system 

VIII. 

REQUIRED TEXT:

Casebook of xeroxed materials (mainly legal cases). 

?

IHA$IU

MEMORANDUM

Department of Criiiiinoltpjy

Subject.

POL.

151:3 - AdIninitraLjon of

This is to confirm the substance of our recent meeting regarding POL.15I-3:

Administration of Justice, that:

El)

we are all concerned about parts of the content of POL.151 as it is

currently taught; detailed case studies seem to overlap with other

courses currently taught in the Criminology Department;

(2)

the best way to avoid such problems, In my judgment, is to request

the Instructor to submit a course outline beforehand;

(3)

I have no objection to the Criminology Department's wish to drop

course for Criminology Majors.- this matter

(4)

1, further, concur that the Criminology Departmrrnt shoulddesjgn a

course

ing on P01.151;

which will fit its own curriculum

s e q

uence,instead of rely-

. (5) POL.151 will he reviewed and restructured to ref1ectniore Political

Science approach to the problem of Administration of Justice, rather

than making it a "miniature" first year Law School course; such

review to take place in September, 1977;

(6)

P01.151 exists by its own right within the discipline of Political

Science, since the Judiciary is one of the three major branches of

any Political sjstem; and

(7)

I cannot accept the students' comp1ainahoijt the frequency of

semesters.

offering of the course - It is offered in both the Fall and Spring

FQQ/mg

F.Q.Q.

cc! Dr. J. Munro, Dean of Arts

Dr. R. Brown, Dean of Interdisciplinary Studies

Dr. D. Birch, Associate Vice-President (Academic)

'94

LPI'l:R

DIVISION COURSES

Prirequisiu-s: .I,,i /'i)/.

l.iii

,iiiu,u,,

(rou j

i 11 eaure iuiltssi ,,iu o loire cuipIeieiIt?iredi:

hours to tiil.e uppi ,iiio,,.,, PO/ colol, t.

P()l..

321-3 Fite (anadia,, Icileral

SysIuu,

l)vlopsiiiiii 0

ih-

Iclt;il

ic,it: jioli&il review. 1i;ir6 .fr.kr;tl-priis uiiei.ii relations:

aceisintodati,,, itid othco iheitrit ... ?

tSeniin.irt

P01. 322-3 Canadian l'oliiIeat PartIes

Dccc iopmvnt of the r'

ny sy

'icin

ail levels of gave rat mt-li I

Organ.,it ii m. cull pugh...

LIUCUS. ?

(Scminur

P01.. 313-3 Provincial (;overnineffl and PolitIes

Comparative study isciccied provinces or legion... lorinal and informal priw..cs.

(Seminar,

P01.. 324-3 The (unndissn Consiliwilon

An analysis of the (anulian consIUIitiian frorn a theoretical iind eitmpiaralivc perspective.

Amendment. entrenchment, civil rights. ?

(Seminar)

P01. 421-3 CanadIan Vorei* Policy

The foreign poIii ileusiun system: political and administrative problems: relations With

other nalitans.

(Seminar)

P01. 422-3

The

(asadlan

11a4 System

legal instituti.ns in anu. with particular reference to the role ui the (nuns. the

Common Law and the Civil Law in Canada. (Seminari

St,i4nisin

eressvd

in the economic aapect.c of

Canadian law

ma y

wish to consider ECQN/

COMM

P01. 423-3

B.C.

Government and Politics

The lcgislisture. )litii-al parties. pressure groups. relations with other governments, and

other aspects oIthe policy process. ?

(Scmsnar

P01. 428-3

Selected 1nkc

In CanadIan ovenmwnt and Politics I

(Seminart

P01.. 423 Selected 1opks I. Canadian (anwerumeni and Politics II

(Seminar,

GROUP

COMPARAI1VF (,OVF.RNMI NI AND POt rrics

POE.. 131-3 Introduction to Comparative (.o,ernment

Institutional structures ofscietted nations. ?

not use this course for further credit.

P01. 231-3 Iniroducliw, to (omnpuc.fIvç Politics

Political processes ipartics. pressure gruuw. socio-economic fat'tor, ideology) of selected

PSA.

342-3 ma

not use this course

/Tutorial)

for further

credit.

UPPER, DIVISION COURSES

Prerequisites: An y

P01.. loser division Group C course, Students must have cosnpkied

SW)

credit hours lu take upper division POL. courses.

Upper Di

ision Group

courses explore various aspects of government and polities in

selected nations and regions from a comparative perspective.

(Seminar)

P01. 330

3 Government and Politics: Great Britain

P01. 331-3 Government and Politics: France

P0'.. 332-3 Govc

Students with crr

0I,. 333-3 Goverairneiat

P01. 334-3

Govr..,uent a

P01. 335-3 Govevwnesos si

£01. 336-3 Govcntnie,t

POL. 337-3

Covert,,, at at

Students with Credit/or P,.

POE.. 338-3 Goverutuegm

Students with credit

for PS,

P01. 339-3 Guvermaicil

Students with s'redlt for P54

P01. 3*1-3 PotIes and C,

This course deals wilh the po

political institutions.

oliscn

Esnphasiswill

be placed on ii

P01. 382-3

PolitIcs aud'Gt

This course

d.* with the

political institudoa. pullisca

tmphasis will

be placed

on di

P01. 430

Govensmcni

Siiiuksns with

credit

for P54

P01. 431-3 CowraiIcs W

Application of comparative di

Students with cresDifor PSA. i

credit.

P01..

432-3

Application

ofcompz ?

Students with

credji

A..

the,

credit.

P01. 433-3 Comapsra*k. Do

Application ofcomnparat(vc lb

P01. 434-3 Comparative Cot

A comparative analysis of corn

£01. 435

3 Comp.rathe PU

Comparative analysis of

(elcz.

davian. Soviet, Indian and Swi

P01. 436

3 Compmathe Pal

Development

party system.

recruitment. leadership and mm

Students with credit for PSA.

P01. 437

3 Comnisrathe Jed

Comparative analyiin o(thc

jut

293-3

law iii the Ieonu,jnk Si,eicI

introiluictiuv

ilthii.is

CNA111111.111,111 of

%111

111

'Jijjçjupj

1'1%

l'isiiuus

1.1

h.--

_LIiaflsff.ri .iiirjisj.Jisjj4nd

'-'t

,•

t'11ui1cTnIjs. ulutis. pris ilc gcs

SI.ctIuure/l tutorial)

EC(

2V'

not to

be taken uo,uurrenili

it si/i ( (IAIAI .l

.t,nknvc i,ifrre.riedin

further t,,,,rsi., rciui,ni' to i/se ( ,snaslIiEsi Ie

. aI

niar

sullen, uut.t/u to

tons ide, P0!.. 422-.t

F(ON 301-3

tnicttwdlsiic Mkrortnnornk Theory

A study of the tot

Iii Pu i

ncipks and teehn iquucs iii econ. ni Ic a na lv.cis in their application to

lull 'dern theories iii price. production. di' ti ulst,i son., stud the theory of the lirm.

ECON 305

liwermedisie Macroeconomic

Ihcu,r

Concepts and methods of ai,alvsis of mtt'u . ,eo,n.sm it vii iahlc's

s'on5uunu1stii in. investment.

' Classical

government and fusrci'n trade.

and Kcv,ucsian models compared; analysis oI.eco.

nomks statics and dynamics.

(I.ecture/TuloraI)

•

Prerequisite:

ECON

Student., may not receive credit for both

i/li.,

courte tins/ the former 304-

• ?

,'•

FCON 308

5 Devekment of Economic

ThoeØfl

• ?

LCON

Student., ma)' not rescue credit for both

1/lis

concur and the forsn.'r

Fe 40.5.

ECON 30-5 Introduction

to Marlon F:c.imleq

Examination of Marx's economic ihor

, with particular emphasis on Capital. 'rbe.rki of

Surplus Value, and IhiC (;rui,drlsse. ( tinsideration

Prerequisites: E( 'ON 200 and 200. or hr perm/stion sit' i/se inmtrueior.

310-3

Ranking theory and practice ru

Canadian context: the supply theory sir money; the demand

for money: mottey auid credit creation: monetary polic

so a ceuuirahu,xd banking system and

• ?

in relation tointernati. sn:ul finance.

331-5

Introduction to Mathematical Economics

•

t•

The mathematical in terprelation of lunuta itiental economic ci iuit'cpts d ni antI, supply. corn-

•

petihive equilibrium. Application of the taltuulus to pri uductiuin and distribution theory.

•

rowth models and investment theory, l)ilierentiuil and duhtcrcuice cquu;Imutiims in dynamic ceo.

nomie models. Introduction to activity :utt.tlVsis.

(l..ccture/rttuiirial)

332-3

An introduction to elementary statistical techniques with emphasis on their application to

business and economies. Students will he required to carry out projects of individual interest.

•

Meet tire /rutorinl)

Prerequisites. ECON 231-3 and E('ON 2(M)-3 or FCO3V 205.1

Student: ma)

not reeetu'e credit for both this course and the Jornier Fc/('om 235-3.

F(N 333-

EI.sitenhiiyt

An introduction to more ads

metric

oud operations

t,C.CI

discussed is' data they colic.

Prerequisite: L'( 0P4/( OMe

students mat' not receive Crr

i:CON 351 .

5 F.euuomk UI'

detailed cxanhinauOfl of

I'rc-reqtiisifr.t.' ECON 152-3.

I-(ON 53-5 Fconösnk Ill'

\mu e.s:imiflflt%OA olcommon

auud the United States from

up 'it the role or staple eapsi

if polities and institutions ci

prerequisites: ECON Ii?-).

E(N)N 35-5 Eco.mk Dr

Afl:iI)%I5 of thries of econ

menls of successful develop'

of cCoflvtflIC planning. Prob

econornk$ will be studied.

PrereqtsLritel: ECON 2(1) a

F('().

4 3624 Econoiuki o

The characteristics oh resou

policy coflsiilCrttttufl5 in re

prer(-qul.rIte.m: L'( '0% 21 W,

as'

udents it-it/i credit ,or I(

kghiitiil

C5,uinjfluhiu)it of ttiii' lets sit

• .S,s,iIi',ttt 11110' iii'S lii .15

, 1' 1

UON 3673

'l'ruuispuirtud

the eeuiflsltflic t'unctis

ti or

tru uuspssrtition tuitlu I sh lies:

l'.i,_'sl,tie' intl the

Is'sml.c mou' not ru's u'Iu'.'

I'('()N

3)11-5 Labor

Ectis

ni lysis u 'I' the u'e. .11.-u IhICS

ii sn. the ct'nt'ept till oft-en

Pru-reqsuimslec: L'( ()s% '('0

Ssinlenis with

s-ri-sill

I'" I.

ICON .11M.5 Industrial I

Students into fl,.5 ri.

core

P0. ?

•'

TP.Al'f1 Of

Dr. Dav

id

F. Roth

Fafl, 

lI7

Drs s .iption 

The purpose c,t this to.â 

r

i to gain 

ç,erstand1'g ot U.e 

4ynoiflC

processes of change in

the aint' 

?

justice 

?

We w1 observe two 

aspects

O

th

s, changes in the courc.eS of law and pub 

lic

policy and in the 

output, the laws and 

policies

therefrom. 

changt 

In observi 

g

these ? 

it will be noted that 

ignifCaflt

tensions 

exist betwee 

the

id eals of justice and the reah 

?

Polit 

i

cs-

t$CS

of

po

.

These 

will become apparent as we exan"flP changes via a model of political cPange 

and the eme 

ge

c

of new problems to wh 

ch the laws and structwes must 

respond: alieAatiOfl, technologically induced threats to 

the

envirflnmettt,

social order and personal well-being. 

Throughout the course we will be concerned with major Issues associated 

w'th the administration of justice, e.g. 

civil liberties 

effect 

ve law 

enforcement; and justce and natiOfld1 integrity. 

'exts 

(.l. CheffinS 

Tucker 

and

,

RN

te 1. 

?

2nd editofl. 

Lorr.e lepperma 

, Cr1me_cPL2J.' 

Readings will 

COnSiSt

of selected chapte 

s and articles to be placed on 

reserve for the course. These have been selected to 

accornpMY

each hour of 

class discussion. 

izatthfl

There wlfl be one 

twO-hOU'

'ectU r e 

p I

w': ?

meettPg per week. 

here w 

ll be two papers (5-10 pa' 

?

11 length ) 

,

In

which students will 

select problems of intcret and report tww the e 

s

i$U

3

structuTOS and laws are 

responding to these problems atonq with the writers 

suqgeStiOflS

for alternative 

so!utO. !n addition students will have 

One

final e*am on the rcdifl9S for 

the course. 

?

./2

"tit,Mea n ' 

ii,; ,

N' tu'e & S(,,

i a

I

!W'

(fit 

' ';itvi 

f;

Ili

et

'

11. ,

The

.1t.1I1")

(.eSS

in

a jfl

•

Chaptc 

•

s I , I 

I)ivtf 

1 •

)

eth, Political  

r_th

Uic

?

t!;1'OC!tiL 

tra: The!ruo( 

the ?

rno'.ratfIThmisc.

iprer 1 

1

I!;

F

ants

Jurisdictional Disputes 

Power Maintenance: corru'on 

Monitoring-ombudsman

Civil Liberties (dissent) 

Delivery of Legal 

Services

Availab 

lity 8 Quality 

he Const

-- p. -•.., ? 

-

OUTLINI 

V.!

?

Po'

i ?

'',ver 

n4nfl

t &

t r .

I ht ii;, ..

_ow

Pub! 

i C

t:v

: Iues ? 

%,hi

t

ion'. 

gO ' )

dS, see-vices, equity) 

?

C.

ihe

rnc t toni. (;t I 

?

Qr'tcr *

ri. Law & 1101tii;s 

Issues 

Structures 

the

federal system 

2.

the provincial syte 

.

Sources of Law

. courts

2.

legislatures 

3.

administrative bodies 

I. Models of Change 

1

political change 

2.

Factors: socio-economic, 

genetic, diffusion, events, act.or. 

(deterministic $ non d'ti'r'nInIs;ic) 

3.

The Basic Pattern 

R.I. Cheffins, op.cit., Chs. II, Vi.

Robert Lewis. "The Parliament Hill 

Mob". M%CLEAN';, July 11, 

1971

(RESERVE!. 

flax Sattman, "The Shifting of Powe" 

o the People hasn't

Changed Its 

'endency t.o

Corrupt" MACLEAN 

, (RC-(PV.'. 

"

,i1

e,eW with flora La skin" PtACLLP. 

Feb. 2, 

1

911

(RCSLRVE). 

Munro, "t.awyess& the 

Poor"

(RESF.1(VL). 

iange & Administration of Justice: 

he Social-Legal Nexu., 

Socio-Economic Changes: detcrtordt'o,1 

of

the

basic pattern 

1. Ethnicity 

•

2. labor

Youth

4.

Alienation 

5.

Terrorism 

• ? 

6. Organized Crime 

Bureaucracy & Dissent:

• ?

public

private

Vict 4

m'.s c

rimes

9.

Consumers & the Law 

• 10. Human Rights 

echnology & the Administration of 

Justice Process 

1. Technology & Law Enforcement 

,.... 2. The Environment 8 the Law 

•' ? 

3. Technology & Privacy 

Coinputor

Embazziement: white 

collar crimes

5. Science & Penology

echnology & Rights: the PCMP 

7. Law & the

P4.sc

Media

8.

Controlling Technology: 

)av'd F. RoIh,

cp.cit.. "Change & 

(.rise." Chapttr 

IVTI1

SIR Y

"Racism' You Can't Argue 

with

the

Facts" tincirnris,

Feb. i, '977 (I:,rrv). 

E)oiqlis Verney, 

"Confede r

ation 

Unwo' 

able? Seperation Unt.hlrble? Iierc:

Third

Choice"

MAC1EAP4I, May .16, 1977

•& V.S. Wilson, Rsues In Can,idian

Publc f'olicj (V

ti2.

V' , eym66rWT1con, "larguage Policy'

• in floern & Wilson, pp.cit.,'h. '0 

Raymond Breton, "The Soc jo-Political 

Pyn.imlcs of the October Events" in 

Dale Thomson, quebec: . Society & Poli ti cs. 

Chapter 15 (RESEWVU. 

Gad Horowitz, Canadian labour inPol1tç 

Chapters 67, L. 

Robert S. Best, "Youth Policy" In Deem 

& Wilson, p.cit.. Chapter 6. 

Lorne TeppermTr1me Control (Test) 

Chapters VI. Also vivrr. 

"Johny Reeferseed" MACLIANS-June 13, '77 

pp. 26-34 (RESERVE). 

II

i ?

.1

I

3

OUTLINE 

ssues in the Admlntstrat 

i

fl of Jucti.0 

READINGS 

Tribe, 'Technology & the Fourth 

Discontinuity 

.

(RESERVE). 

Allen, 

"Automation: Substitute & 

Supplement in Legal

Practice" (RESERVE). 

Friedman & Macauley, "I.aw & the

Behavioral Sciences" (RESERVE) 

Winich, 

"A

Primer of PsychQlogical 

?

Theories Holding Implication for 

Legal

Work"(RES(RVE) 

Robert Babe, 

"Public $ Private Regulation 

?

of

Cable Television" CPA 17,2 (Sumer, 

1974) pp. 187-225 (RESERVE) 

R.M. Macintosh, "The Great Pension-Fund 

Robbery" CPA, 11,2 (Spring, 1976) 

(RESERVE). 

A.B. Villanueva, "Nuclear Power, Private 

Attorneys 

A the Regulatory Process" 

CPA (Fall, 1975), pp.

399-408.

Michael Wittingtofl, *Environmental 

Policy" 

In Doern 

& Wilson (RESERVE) 

L. Lundquist. "Do Political Structures 

Matter In Environmental 

Politics?" 

CPA. 17, 'I 

(Spring, 1974) 

pp. 119-141. 

4.

'I..

SiMON FRASER UNIVERSITY

MEMORANDUM 

pTo.

Subject

Mr. H.M. Evans, Secretary 

?

...... 

s.c.u.s.

.............................

.....................

....

.......

........ ... ........ ..... ..

CR.M,INOL.Q.G.Y. .... OVERLAP 

?

......................... 

COS 71t9

From..WY

Roberts, .hai.r,man 

•  Fa . 

c...ty 

of Ar.t.s .... C.ir.r.jc.Jj.i

.....çpnn.jttee 

Date....

Jafl.U.a.rY .11.....1917 ...................................................... 

The Faculty of Arts Curriculum Committee at its meeting 

December 8, 1977 passed the following motion: 

"That the Faculty of Arts Curriculum Committee 

found substantial and unresolvable overlap between 

CRIM 135 and courses offered in the Faculty of 

Arts despite the fact that it was referred back 

for consultation with the departments involved." 

No resolution 

this problem has been possible through discussions 

between the departments concerned. 

W. Roberts 

:nl

SiMON FRASER UNIVEI1ITY, scos

MEMORANDUM

79 4,5

Ms.

Janet Blanchet, Secretary to 

?

Ftom '

Iz2at A. 

Fattah, Ch1Inir

'-...,

I .D.

Undergraduate Curriculum 

Comittee...

Department of Criminology 

Subject

New Qurae Proposal - (RIM. 135-3

Date ?

15

Septaier, 1977 

In response to the suggestions made 

at the last meeting of the 

Plazulty 

of Interdisciplinary Studies Undergraduate Curriculum Committee, the 

Criminology

Department

Undergraduate Qirriculixn Committee has met and suggests 

the following changes to the calendar in 

connection with 

the new

course 

proposal 

(RIM. 

135-3 - introduction to Canadian Law and Legal Institutions.' 

1. that 

CHIN. 

135 replace (RIM. 130 as a "strongly reazm1ended" 

course for students taking (RIM. 230. 

2.

that (RIM. 230 be rnoved as a prerequisite to CRIM.' 330 and that 

(RIM. 135 be added as 'a "strongly recarniended" course. 

Would you please forward these recommendations together with the new 

course proposal to the Senate Undergraduate Curriculum Committee. 

14

Fät 

A.

Fattab 

y

EAF/djm 

r-r

Ie.ok

we 7

e117.

u

Oh ?

rm:i 

I. ?

. ?

F,/H ? 

be z 

t ,

(:ha

iritI

1 :

°aculty

of

Interdisciplinary

Studies Undergrthtatç .       

Curriculu ?

[acuity ofArts Curriculum Commjtt^ 

Canadian Law and Legal Institut 

The Faculty of Arts Curriculum Committee at its meeting of Septeribcr

22, 19

77 considered CRIM 135-5 in terms of overlap. After considerabic

discussion the 

Committee 

unanimously passed the following motion:

"That vhare 

i.e

a significant degree of overlap

beteen Criminology 135-3, Economics 293-4 and 

Political Science 11-3." 

I have attached a memo from Political Science addressing this issue

and the course outline anti-Calendar description for flCON 293-3.

It would

appear

that insufficient consultation has taken place

between Criminology, Political Science and Economics and Commerce

during the developmental phase of this course, and I am returning

the proposal to you with the request that you attempt 

.  to 

facilitate 

such discussions before the course comes to 

SCtJS. 

W. Roberts ?

•

CC. H. Evans 

Q.

Quo

?

.

B. Schoner 

A. Doerr ? . 

R.

Rogow 

SIMON FRASER UNIVERSITY ?

MEMORANDUM

( ?

Dr. E. W. Roberts

To ... Chairman, Arts Curriculi.n. Corimittee

.c.c....Nembers-Arts Curriculum .Committee

Subject ?

COURSE OVERLAP QUESTION

PROPOSED CRIM. 135-3

From

Dr. Audrey Doerr

Chairan, Curriculum

Conittee 

Department of Political ..Science 

D&e... ?

September 21, 197.7 .... ..............-. ...... 

The material 

respecting

the background to 

and the proposal for a. new

introductory course in the Department of Criminology has been 

.

circulated to 

committee members. The purpose of this memorandum

to comtent

upon the

question put 

to the comm

i

ttee 

regarding course overlap. 

The

following 

discussion sets out the basic assumptions pertaining to the proposal, the 

particular concerns respecting overlap, and 

recanendations. 

Assumptions 

To

begin, it should be noted, as indicated in 

the inezxrandttn of

April ', 1977, from the Chairman of the Department of . 

Political

Science to 

the Chairman of the Department of Criminology, that: 

?

. ?

. .

it is

the prerogative of the Department 

of Criminology

to determine 

the courses required for a student to obtain a degree in that 

discipline. ? 

.

2.

if Politics 151 has not been found 

adequately fit the curriculum 

sequence in the Department of Criminology, then the latter should 

seek 

to

design

a course that does. 

3.

the Department of 

Political

Science, for its part, has and will con- 

tinue its course offerings 

in the study

of the 

administration of

justice, judicial 

systems, constitutional law and administrative and 

public 

law for those properly fall within the several sub-fields of- 

the Political 

Science discipline. 

Issues 

The proposal of the Department of Criminology identifies six 

political

science courses and one Econ/Com course 

from

which the content of Crimn. 135-3 

will be 

drawn. it is noted that "While Cnn. 135-3 would cover the material 

dealt within the seven courses discussed, it would do so at a much lower level 

of detail and complexity". 

An examination 

the objectives and outline of the proposed Crim.135-3 

reveals an intention to cover 

i

very broad range of subjects and issues. It 

is indeed comn.    

?

that the Department feels that the totality of the pro- 

posed subject matter can be adequately covered, albeit at a low level of detail 

and complexity, within the scope of a 100 level course in an undergraduate 

program. It is noted that "the o!--dine is similar to many introductory courses 

offered 

at Cc rortwealth law schools in

Canada, AustLaiia, New Zealand and the 

United State3". : was not aware 

?

the Dep.rtm.?nt of Cr:Ltidnology either has 

or is seeking te tat" of a law faculty. 

The

overlaD of tii: course content with the cevral political science 

courses 

ILAs

bcn amit-tcd to in thu prc'ca'.. (In that regard, it night 

noted thit th pr:sal also overlaps wi:h Political Science 357 - Fublic Law 

Per i 

vitinn to

th other cours ? 

entifid.) In addition to those scctior.s of 

to the

Arts

Cur-c3iulum Coitte

2 -

Septernler

21, 1977

making

student

and

legislation,

ponent

Canadian

serious

is an

the

cormthsions

integral

principles

questions

process

cot.wt

structures

public

proceedings

part

system,

and

administration.

respecting

regulatory

the

quasi-judicial

the

natural

before

public

sections

public

duplication

agencies,

quasi-judicial

justice

administration

tribunals

sector.

respecting

etc.

and

The

those

are

constitute

overlap.

agencies

administrative

issues

integral

field.

proceedings,

kLninistrative

arid

Regulatory

issues

the

application

raises

decision-

the

boards

corn-

law

These considerations in turn raise another

with the

course

its

to upper-level courses in

the

CriIninolo2y Departnent.

The latter,

for

the most part, focus on criminal

law and

the criminal justice system. Is it

intended that

this

course would

serve

several

areas

a prerequisite

that

it covers?

for a spate of future upper-division

in the

of the

first

the question of using

existing

courses

albeit

in the'

main

Political

problem

Science

with

Department

Politics 151-3

re-examined.

as a prerequisite

have

Depart-

ment wbuld be the fact that it

would

focus on civil

and

administrative,, as

opposed

issues.

the decision to develop a

new

introductory

course in the

Department

of Criminology which

is based on the six

or seven

existing

political

science courses identified is irreversible, then

will

necessary

to .

the

outline to reduce

the

duplication of

material in areas

where overlap is most contentious.

a

, &1^1 

ADD/md

c.c.

Members, Arts Curriculum

Committee

.7.

SIMON FRASER UNIVERSITY

Department of Economics and Commerce 

COURSE OUTLIE 

COURSE:

EcOOntiCS 293 

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SEMESTER:

Summer 1975 

TITLE: Law in the Economic Society 

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INSTRUCTOR:

Marvin Stark 

At the outset, it should be made clear that "Law in the 

Economic Society" 

(EcOflOntiCS

293) is an unstructured course. 

There is no definitive 

beginning or end to the course. 

The prime purpose of Economics 293 is to expose the student 

role and place of law 

in a 

very genal fashion, to the function, 

in the fabric,SOCietY. To our examiniatiOn of this object called I 

"Law", we will attempt to idertify it as one of the infinite parts 

of society as a whole. From that point we hopefully will pursue 

our examination, to discover the law's role and affect on many of 

the other parts that make up the whole of society, and the 

recip- 

rocal 

affect that 

those parts 

impose on the law, That 

is - to 

attempt to understand our legal system and bring its role into 

focus 

and perspective 

within 

the whole of society. 

Particular attention will be directed to the history, 

evolution 

and present posture of the Common Law system as it 

developed in England, and its influence on and adaptation by 

Canada. We will also - in a broad conceptual way - compare the 

"Common Law" system with 

the

"Civil Code" countries and juris- 

dictions including Quebec. 

We will explore 

many of the basic concepts of law as they 

have evolved to shape the relationship between members 

of our 

Canadian society individually one to the other, as well as with 

the

State. In essence, to examine in a general overall way,'the 

legal 

rights, privileges, powers, immunities, duties, disabilities 

and liabilities of each of us according to law. 

The course will be most meaningful to those students who 

have a genuine 

curiosity 

and concern about the rule of law in our 

society, and the system of law that attempts to regulate our con- 

duct in Canada. 

It is hoped that through such a general overall introduction 

to the "Law" the student will become better equipped to appreciate 

the "whys" of the "Law's" inadequacies and difficulties as well as 

its values and aspirations. The student will be encouraged to be 

critical of the "Law's" difficulties in pursuing the 

"ideal" 

and

at the same time more knoledgeable of its problems in striving to 

overcome such difficulties. With such a result the critical student 

can direct his criticism in a more effective and meaningful way. 

EC/Cm-293 

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-2-

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Spring 1975 

(

It is suggested that the course will be more enjoyable to 

those students whose practical experiences in life or exposure to 

academic learning to date have created a desire for self- motivated 

exploration 

into a discipline that involves each member of society. 

As well, it is hoped that 

such

students will bring with them many 

questions and concerns that have troubled them about 

"Law". 

Such 

an enquiring student will hopefully be able to displace the 

mysteries and mystic that many feel encompass the law. However, 

it should be stated that a student 

who is

not ? 

"self-motivated" 

may find the course confusing and perhaps boring. 

There 

is a considerable amount of material in' the Simon 

Fraser University library. For those students who wish to pursue 

various areas and topics of law in more depth, they will be entitled 

to the use of the facilities of the Law School library at the 

University of British Columbia. 

Also, as part of the material to observe, dissect and 

examine, there will be the lecturer who is a practising lawyer. 

Through such an autopsy of the lecturer and the resulting exposure 

to the.particular and' perhaps peculiar way he, as a lawyer,.thihks 

and looks at life, a better understanding of the law might result. 

Perhaps in a trite way and to borrow from an author, one 

could say that the purpose of the course is to enquire into, 

"Much

of what you have always wanted to know 

about the law, but were afraid to ask" 

or perhaps better said - to be a general canvass into and a tour 

through the forest of the law using the texts and the lecturer as 

guides. 

How the designated lecture and' tutorial times will be 

unti'lized will depend largely on the number of students who enroll' 

in the course, as well as the general concensus of the group as to 

how to best utilize these time slots. 

It is 

hoped' that during the first one or two weeks, the 

general student body enrolled in the course will volunteer those 

questions and general issues that concern them about "Law". From 

those general areas, we should discover and determine what should 

be confined to general discussion during lecture hours with the 

whole group, and what should be more intensively explored in 

tutorials with smaller and more intimate groups. 