Introduction to the Course

Learning Outcomes

By the end of this week, you should be able to:

Explain course procedures and expectations. After reading the Course Syllabus closely, can you explain to a classmate who might have missed this first week the key information they will need in order to navigate the course?
Become familiar with problem-based, hypertext structure of the casebook and the course readings. We will begin to study a problem in our first week of the course. Consider how this approach, along with the linked structure of the reading materials, is designed to help you explore and develop a critical analysis of the readings.
Start to describe two different, historically-rooted styles of common law reasoning. This concept of judicial style is one that we develop and will use throughout the course. This week, you will be asked to start comparing two different styles in Harrison v Carswell and to discuss the implications of their differences.

For first-year law students, “property” can be a kaleidoscopic subject: fragmentary, blinkered, disorienting. As one (among many) possible ways of mediating our relationships with and in respect of land and other “things”–both corporeal and not–property offers up a disorderly patchwork of principles, rules and norms. It is full of contradictions, real and apparent. It presents a space of dispossession and disadvantage for some, prosperity and security for others.

There are likewise many ways to teach and learn about property, to try to make sense of and bring some order within the kaleidoscope. In this course, we will approach the subject from a historical perspective–one that puts the critical emphasis on the role of land relationships in Canada’s political economy as the legal ground that determines so much about who benefits from the economic system and who does not.

This first week of the course introduces you to the core method of problem-based learning in the course and starts to develop some of the key questions and themes that we will explore throughout the year.

Read the Syllabus #

Before you start to explore the course materials, please familiarize yourself with the procedures and expectations for our course this year. Start by reading the Course Syllabus and reviewing the Course Schedule. These are the main documents you’ll need to use throughout the year to understand the course logistics, expectations, policies and schedule for assigned readings and class meetings.

Aim to begin this week with a good understanding of:

Course procedures for communicating with me and arranging appointments outside of class meetings;
How to access the course website and assigned materials;
Goals and expectations for class preparation and participation in class meetings;
How you will be evaluated in the course; and
Your rights and responsibilities related to accessibility and accommodations.

I will highlight some key points from these materials at the beginning of this week’s class meeting and will make time for your questions about the syllabus.

Problem-Based, Hypertext Learning #

You will quickly notice that this casebook looks quite different from most of the other legal casebooks you are using in first year. One feature is that the casebook is fully digital and freely accessible online. But more importantly, the book is organized around two distinctive approaches to legal learning:

Problem-based learning: all of your reading and our classroom meetings will be based on problems – both hypothetical or drawn from real-world events, or some mix of the two. These problems are designed to help you focus on how to use the course materials (cases, statues, articles, etc) to identify relevant legal questions and to encourage you to explore different ways to answer those questions.
Hypertext: rather than working through a linear progression of reading material, as in a printed book, this casebook requires you to follow pathways of connection (links) between different components of the course. As a result of this structure, there is no single order in which to engage the course materials that are assigned weekly. Part of what you will be asked to do in this course is to develop your own understanding of how each piece or component is connected to each other and to the whole. The practice of working with material in this way is a critical one for legal analysis.

Our First Problem #

Instead of spending a lot of time up front on formal or abstract concepts, our plan for this first week is to jump right into the practice of analyzing problems. Start by reading our first problem for the course: Protest at West Eggleston. From there, please review and take notes on the linked “Related Reading” that appears in the right-hand column on each page.

You may choose to read the assigned material in any order you choose, by following the links on each page. But please note that all of the material assigned is mandatory; you should complete all of it before our first class of the week. This week, that includes Harrison v Carswell, the Protection of Property Act and two concepts that describe “Trespass to Land” and “Styles of Argument”.

“External” links (outside the casebook website, e.g., to news articles, reports, or statistics) are optional reading material for your own interest and context, unless otherwise noted.