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This program is available via distance learning.

www.osgoodepd.ca

A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING

DIRECTORS

The Hon. JusticeJames StribopoulosOntario Court of Justice

criminal lawand procedure

PROFESSIONAL LLM in

Benjamin L. BergerAssociate Professor

Osgoode Hall Law School

PROGRAM FORMATCourses will be off ered in a combination of weekly and intensive formats. Videoconferencing is available for most courses, although occasional in-person attendance in Toronto is required. Please visit the OsgoodePD website for complete details. Note: Faculty, curriculum, course descriptions and degree requirements are subject to change without notice.

DEGREE REQUIREMENTSTh e degree requirements will be satisfi ed upon the completion of 36 credits. Th ese credits can be obtained by either coursework or a blend of coursework and a Major Research Paper. Students who elect to do the degree by coursework only must write a Signifi cant Research Paper (30 pages) as the means of evaluation in one of the courses within the specialization. Please visit www.osgoodepd.ca for required and elective course information.

“Osgoode’s LLM in Criminal Law & Procedure was a true turning point in the advancement of my practice. The quality of the faculty and speakers was inspiring; the development of professional relationships is enduring; and the accommodations afforded to a busy practitioner made it manageable. I encourage all of my colleagues to share the experience."

Sean Robichaud, BA, LLB, LLM (Criminal Law & Procedure)Barrister & Solicitor, Certifi ed Specialist in Criminal Law

“Osgoode's Professional Master of Laws Program is truly exceptional. The part-time, distance learning option provided the necessary fl exibility to pursue my LLM in Criminal Law and Procedure, while allowing me to maintain my professional and family obligations. The program is delivered by a group of extraordinarily dedicated practitioners and scholars, with incomparable standards of professionalism in both the quality of instruction and course offerings. The collective insight, knowledge and rich interaction with instructors and classmates was an invaluable component of my LLM experience, and has enriched my life, both professionally and personally.”

Adriana Poloz, LLMDirector, Criminal Analysis Pacifi c RegionRoyal Canadian Mounted Police

Th e Hon. Justice Todd L. ArchibaldSuperior Court of JusticeToronto Region

Margaret E. Beare, ProfessorOsgoode Hall Law School

The Hon. Justice David P. ColeOntario Court of JusticeToronto Region

Kimberley Crosbie, Crown CounselCrown Law Office - Criminal, Ministryof the Attorney General, Ontario

Kenneth E. Jull, PartnerBaker & McKenzie LLP

Anil Kapoor, BarristerKapoor Barristers

Sharon E. Lavine, PartnerGreenspan Humphrey Lavine Barristers

Robin Parker, Criminal BarristerLeiper, Liva and ParkerBedford Law Chambers

Jonathan Rudin, Program DirectorAboriginal Legal Services of Toronto

Alan Young, Associate ProfessorOsgoode Hall Law School

FACULTY

DIRECTORS

Th e Hon. Justice James StribopoulosOntario Court of Justice

Benjamin L. BergerAssociate ProfessorOsgoode Hall Law School

Osgoode Professional Development has been approved as an Accredited Provider of Professionalism Content by the LSUC. All OsgoodePD LLM courses are eligible for substantive CPD hours and those containing professionalism hours are noted on the website. Please email cpd@osgoode.yorku.ca for specific information and for CPD/MCLE hours with other regulatory bodies.

COURSE DESCRIPTIONS

Problems of Proof: Advanced Perspectives on the Law of Evidence [3 credits]

Th e law of evidence occupies a distinctive position in the administration of criminal justice. Th is course builds upon basic knowledge of the laws of criminal evidence, seeking to expose and assess the deeper tensions, trends, and problematics that animate this fascinating element of the criminal justice system.  Students will encounter these deeper issues by placing the contemporary law of evidence in the arc of its historical development, by seeking to understand Canadian evidence law in comparative perspective, by means of sustained attention to the theoretical problems that affl ict questions of proof and "knowing" in a trial context, and through attention to the way that power and social justice are implicated in evidentiary issues.  With these perspectives in hand, the course will examine pressing contemporary issues in the law of evidence, including the role and use of scientifi c evidence; the problem of wrongful convictions; the assessment of credibility; and proof in crimes involving violence against women and children.

The Theory and Practice of Punishment [3 credits]

Th is course will delve into the theoretical and empirical underpinnings of criminal law through an examination of the classic and modern debates about punishment. Key concepts such as deterrence, rehabilitation, incapacitation, retribution and denunciation are critically examined. Topics include: strict discipline, privatization of prisons, conditional sentences, aboriginal sentencing circles and the New Zealand Family Group Conference.

Issues in Criminal Law: History, Evolution and Theoretical Approaches [6 credits]

Students will explore the origins of key elements of current criminal law, from blood feuds and the ordeal, to public prosecutions, the origins of policing and current police-related issues, rights to counsel, key changes in legislation, including laws and policing powers pertaining to gangs and organized crime, mandatory-minimum sentencing, imprisonment, and alternative dispute resolution. Th is course also introduces students to contemporary debates in criminology, while demonstrating a range of research methods and approaches.

Criminal Law and the Charter: Implications and Expectations [6 credits]

Th is course examines the impact of the Canadian Charter of Rights and Freedoms on criminal law and procedure. Students will study the historical evolution of the constitutionalization of criminal law and procedure in Canada, including the theoretical and empirical debate about the relation between due process and crime control. It involves an examination of the major decisions of the courts and their legal repercussions in fi elds such as detention and arrest, search and seizure, the exclusionary rule, the presumption of innocence, the right to counsel, trial within a reasonable time, jury selection, discovery, mens rea, cruel and unusual punishment, intoxication, the insanity defence, regulatory off ences, hate crimes and sexual assault.

Corporate and Financial Crime and Compliance[6 credits]

Students will examine the ways in which criminal and regulatory law prevent harm in the conduct of commercial aff airs. Part I explores the relationship between risk management and legislative rules or principles. Organizational liability for fi nancial crimes is linked to the purpose of corporate criminal liability as contrasted to individual liability. Part II looks at specifi c topic areas, including foreign corrupt practices, securities off ences in both the Criminal Code and provincial legislation, competition off ences, and environmental off ences. Part III concerns the procedure surrounding crimes and regulatory off ences, including internal investigations, dawn raids, Charter issues, and sentencing principles. Finally, Part IV examines a risk management matrix and template for corporate compliance, which is based on a theory of justice that ranks priorities.

International Criminal Law and Regulation: Parts I [3 credits] and II [3 credits]

Th is course is a broad introduction to the principles and legal foundations of international criminal law, a vast subject area that exists in the intersections of a variety of fi elds, including law, history, geography and international relations. Part I examines international criminal law in both its historical and current political context, including how and where the concept of international criminal jurisdiction arose, how international

Required Courses

The last 25 years have marked a period of revolutionary change within criminal law. This practice area seems

to be growing ever more pervasive, with the proliferation of new crimes and quasi-criminal regulatory

offences: corruption, enterprise and transnational crime, and global terrorism are blurring the distinctions drawn

by national borders and between criminal law, corporate/regulatory law and matters of national security. This

immensely popular and rigorous program is designed to provide students with an opportunity to explore the

pressing and challenging issues affecting the Canadian criminal justice system. Students will examine the

historical roots of the institutions and practices to current social science and doctrinal approaches to them.

Elective Courses

tribunals “get” jurisdiction, and over what. Th is part also considers the impact of these issues on Canadian domestic law.  Part II of the course examines specifi c issues and crimes in international criminal law in greater detail, including genocide, defences and child soldiers.

Wrongful Convictions [3 credits]

Th is course will explore both the causes of wrongful convictions and the various remedial approaches adopted by diff erent jurisdictions. In particular, the class will study the following factors which contribute to wrongful convictions: adversarial excess, police and prosecutorial misconduct, inadequate disclosure, frail identifi cation evidence, false confessions, jailhouse informants, faulty forensic testing and junk science. Th e course will also examine the fi ndings and recommendations advanced in the growing number of Canadian Commissions of Inquiry designed to explain and analyze the causes of a wrongful conviction in a particular case.

Aboriginal People and the Criminal Justice System [3 credits]

Th e overrepresentation of Aboriginal people in the criminal justice system is one of the clearest markers of what the Supreme Court of Canada has referred to as “a crisis in the Canadian justice system.” Commencing with an examination of Aboriginal concepts of justice, the course analyzes the relationship between Aboriginal people and the Canadian criminal justice system at the stages of policing, arrest, bail, sentencing and parole. Historical, theoretical, policy, empirical, doctrinal and statutory lenses will be employed. Additional topics include the creation of Gladue reports, sentencing circles, Aboriginal courts and the representation of Aboriginal people on jury rolls. Th e recent expansion of Gladue principles into bail, civil contempt, and extradition hearings will also be considered.

Anti-terrorism and the Criminal Law: Current and Emerging Issues [3 credits]

Since 9/11, there has been a consistent preoccupation with managing the terrorist threat. From overt and covert governmental actions, the impact of this preoccupation for western liberal democracies is undeniable. Criminal law has been aff ected profoundly. Students will assess how the criminal law fi ts into the government’s broader counter-terrorism policy and in particular the relationship between intelligence agencies and policing agencies. Other means of managing the terrorist threat will be discussed, such as the use of immigration proceedings, so as to emphasize the broad array of tools available to government. Th e course ultimately evaluates the impact of these eff orts on our approach to security and liberty.

Major Research Paper [6 credits]

A Major Research Paper (MRP) of approximately 70 pages may be completed on a topic in criminal law, provided appropriate supervision is available. Th e MRP should go beyond merely describing legal developments to include independent critical analysis of its subject matter. Th e fi nal paper is marked on a pass/fail basis.

Additional Electives

Criminal Law and Procedure LLM students can also choose courses from a select number of complementary LLM programs for credit towards completion of their degree. Visit osgoodepd.ca for a complete list of related elective courses.

FOR MORE INFORMATION

admissions-opd@osgoode.yorku.ca

416.673.4670 or toll free within Canada at 1.888.923.3394

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ENROLLMENT IS LIMITED.

TUITION AND FEES

Th e 2014/2015 tuition, which includes both years of the Professional LLM program, is $21,888.45 for domestic students and $31,783.50 for international students, plus supplementary fees. Tuition and supplementary fees are payable in six installments for the part-time option or three installments for the full-time option. A $15 administrative fee is levied by the Faculty of Graduate Studies each term. Tuition and supplementary fees are set by the York University Board of Governors and are subject to change at any time. Please visit the tuition section on our website for a breakdown of fees and complete details.

Fees include the required course materials. Where assigned, textbooks are provided in hard copy and all other course materials and readings are provided in electronic format only. An additional charge will apply to any shipping of materials outside of Canada. Videoconference participants are required to purchase the necessary hardware and software. Light meals are provided for students attending classes in person in Toronto.

1 Dundas Street West | Suite 2600, Toronto, ON Canada M5G 1Z3 | tel: 416.597.9724 / 1.888.923.3394 | www.osgoodepd.ca © Osgoode Professional Development, 2015