Public Law & Legislation (University of Ottawa CML 1104)

  • Craig Forcese (University of Ottawa Faculty of Law)

Introduction to legislation and public law, focusing on the structure of the Canadian legal system, including: sources of law, the federal legislative process and statutory interpretation; the legal system's constitutional basis; the organization of courts and tribunals in Canada and appeal processes; and the role of the courts in overseeing legislative and administrative action.

17 Practice 17 (Public Law) 17 Practice 17 (Public Law)

17.1 Practice 17 (Public Law) Description 17.1 Practice 17 (Public Law) Description

Now we shift gears and focus on accountability questions and government.  In this session, we examine ethics and lobbying rules. Listen to Podcast 18 Keeping Government Honest.  Read Forcese, Dodek et al 267-273.

This is also a good time to start thinking about getting Public Lawyering Project 4 (Ethics Disclosure Profile) done.  It is due by Practice 18.

And since we're now in November, you will likely be thinking more about exams.  It is worth contemplating some standing advice I have on course summaries and also success in law school exams (includes link to podcast).

17.2 Public Lawyering Project 4 (Conflict of Interest and Ethics Disclosures) 17.2 Public Lawyering Project 4 (Conflict of Interest and Ethics Disclosures)

In this project, we track disclosures made by public office holders and parliamentarians under various ethics rules. First, you need to figure out who is covered by the disclosure rules. Go to the public registry of the Office of the Conflict of Interest and Ethics Commissioner.

At the top you will see that this commissioner has jurisdiction under two instruments (which we will discuss in class). The results of the disclosures under these instruments can be key word searched. But wait! As of October 2015, there do not appear to be any parliamentarians (who do not also hold ministerial offices) listed! (Why do you think that is?)

Chose how you want to proceed. You may do one of two things. First, you may simply find a public office holder by name and then write up a report. Find someone interesting, who actually has something to disclose.

Alternatively, you may find a keyword (say, “shares”) and do a report on the results that appear.

In your write-up (maximum 1 page, double or 1.5 spacing) describe what you found. So, for instance, who was the person you scrutinized? What sort of things did they disclose? Was there anything notable? Did anything surprise you?

Or if you do a report on a keyword search like “shares”, what did you find? Anything interesting? Were there any notable patterns?

Overall, in either case, did you find this database useful?

The report is due no later than Practice 18 (Nov 10) and must be emailed to cforcese@uottawa.ca. Be prepared to discuss your findings in in Practice 19.