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Rae and others to join him on the sub-committee. Dean MacRae accepted. Subsequently an effort was made to give a representative character to the sub-committee by inviting some of the provincial Bar Societies to nominate persons to serve upon it. Mr. T. D. Brown was thereafter appointed to represent the Law Society of Saskatchewan and also that of Manitoba, the Hon. H. A. Robson, who had hoped to be present as the representative of Manitoba, finding himself unable to attend. The result was that the sub-committee was constituted of Dean Lee as Chairman, Dean MacRae from the east, and Dean Brown from the west, and it was thought that such a subcommittee was sufficiently representative of the various law schools in Canada to justify it in proceeding to give effect to the terms of reference. Later, Mr. W. F. Kerr of Cobourg joined the sub-committee as representative of the Law Society of Upper Canada.
The Sub-Committee, as originally constituted, met in Montreal on Friday, January 2nd. Dean Brown stated that his instructions from Saskatchewan were to confer and report. As regards Manitoba he had had the advantage of consulting with Judge Robson, with the head of the Manitoba Law School, and with some of the benchers of the Law Society, and was in possession of their views on several points. One aspect of the question which was mentioned as coming from this source was the undesirability of aiming at a rigid uniformity calculated to hamper the initiative of the various provinces or schools. Another point was the importance of maintaining a high standard of attainment and in particular of keeping up the level of the entrance requirements. It was pointed out that students from other provinces seeking to transfer to the Manitoba Law School might experience disappointment if the preliminary requirements of the province in which they had commenced their studies did not come up to the standard exacted by the Law Society of Manitoba from the students of that province, and Dean MacRae drew attention to the Nova Scotia entrance requirements which had for some time past called for a standard equal to the educational standing of a student at the end of the first year Arts course. In regard to both these matters the Sub-Committee found itself in cordial agreement with the views expressed.
With regard to the course of procedure of the Sub-Committee it was felt that its task would not be to frame a rigid curriculum and to recommend it for universal acceptance, but to see if an agreement could not be arrived at as to the subjects which could most properly be studied in the first, the second and the third years of the course. If this method of procedure proved successful, the result would be to suggest a skeleton or framework of legal study which it was thought might prove generally acceptable. As regards some of the subjects proper to be included in the curriculum, there might be difference of opinion as to the
year to which they should be assigned. In regard to this, each law school should feel itself free to adopt any course that it might think best. Perhaps in time experience might decide questions which at first would admit of difference of opinion, but at all events if the recommendation of the principal report pointing to free interchange of students between the provinces was to have effect, some considerable uniformity in the practice of the different law schools was obviously essential.
Proceeding therefore upon the principles indicated in the preceding paragraph, the sub-committee took into consideration the subjects prescribed by the curricula of the various Law Societies and law schools, and the place assigned to each in the three years' course. The result of the deliberations of the Committee was to distinguish between subjects which it recommmends should be studied in each of the three years, and subjects which it suggests might be studied in each of the three years. The first list of subjects represents, in the opinion of the SubCommittee, the minimum of uniformity necessary to the realization of the main principles upon which the report is based.
The recommendations and suggestions are as follows:
First Year.-The Sub-Committee recommends that the following subjects form part of the first year's curriculum:1. Contracts
The Sub-Committee suggests that the following subjects might also find a place in the first year's curriculum:
7. History of English Law
8. Jurisprudence (if not taken in the third year).
Second Year.-The Sub-Committee recommends that the following subjects form part of the second year's curriculum:1. Equity (I)
The Sub-Committee suggests that the following subjects might also find a place in the second year's curriculum. :—
11. Landlord and Tenant.
Third Year. The Sub-Committee recommends that the following subjects form part of the third year's curriculum:
10. Drafting of Statutes
11. Rules of interpretation and practical statutes
The Sub-Committee suggests that the following subjects might also find a place in the third year's curriculum according to the varying needs or choice of the different provinces and schools:
13. Land Titles
14. Public International Law
15. Jurisprudence (if not taken in the first year)
It will be realized that this report is a first draft, which will no doubt undergo amendments. By annexing their signatures the undersigned do not commit themselves irrevocably on matters of detail, nor do they commit in any sense their several Law Societies and Law Schools.
All of which is respectfully submitted.
R. W. LEE
D. A. MACRAE
NOTES ON THE ABOVE REPORT
BY DEAN LEE
FIRST YEAR.-(1) Contracts.-This forms part of the first year's course in all the provinces.
(2) Torts.-This is a subject which can advantageously be studied in the first year. At present it is a first year subject in Saskatchewan, Manitoba, Nova Scotia, and New Brunswick, while in British Columbia, Alberta and Ontario it is taken in the second year, and in Prince Edward Island only in the third year. In British Columbia, Alberta, Saskatchewan, Manitoba and Ontario it is repeated in the third year.
(3) Real Property.-All the provinces agree in making this in whole or in part a first year subject. In British Columbia, Alberta, Manitoba, Ontario and Prince Edward Island it is repeated in the second year; in Saskatchewan it is repeated in the third year. In Manitoba and Ontario it is studied in all three years. In the opinion of the Sub-Committee, for lecturing purposes, the whole subject can be adequately treated in the first year.
(4) Constitutional or Legal History.-Constitutional Law or History is a first year subject in Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia and Prince Edward Island. In New Brunswick the subject is first taken in the second year. In Manitoba and Ontario it is repeated in the second year. In British Columbia it first figures in the third year program. In Alberta and Prince Edward Island it is repeated in the third year. In Manitoba it runs through all three years.
The Sub-Committee considers that some study of Constitutional and Legal History and of such general principles of Constitutional Law as may usefully be learnt in connection with the study of English Constitutional History should find a place in the first year program, but the majority of the Sub-Committee are of opinion that the detailed study of the rules of Constitutional Law and particularly of sections 91 and 92 of the British North America Act, 1867, should be postponed to a later period in the curriculum, preferably in the third year. Dean MacRae would define the constitutional and historical studies of the first year as consisting in (1) the history of institutions and of the "environment" of English Law, and (2) the history and growth of English Law.
(5) Criminal Law.-This is a first year subject in Saskatchewan, Manitoba, Ontario and Nova Scotia. In Alberta it is first taken in the second year; in Ontario it is repeated in the second year. All the provinces except Ontario and Nova Scotia require it for the final examination. In the opinion of the SubCommittee the whole subject can be adequately covered by lectures in the first year, with the addition however, of further lectures on criminal procedure to be given in the third year.
(6) Practice and Procedure.-This is a first year subject in Saskatchewan, Manitoba and Ontario. In British Columbia and Alberta it is taken first in the second year. It is repeated in the second year in Saskatchewan, Manitoba and Ontario. In all the provinces it is required for the final examination. In the opinion of the Sub-Committee it should find a place in the first year curriculum, and should be studied in each of three years.
SECOND YEAR.-Equity.-In British Columbia, Alberta, Ontario and Nova Scotia, this subject is studied in the first year. In Saskatchewan, Manitoba and Prince Edward Island it is first taken in the second year, while Alberta repeats it in the
second year. In all the provinces it is comprised in the third year course, being repeated in British Columbia, Saskatchewan, Manitoba and Nova Scotia. In the opinion of the Sub-Committee, Equity should not be taken before the second year, and should extend over two years.
(2) Wills and Administration.-Nova Scotia (Dalhousie) takes this in the second year. In British Columbia, Alberta, New Brunswick and Prince Edward Island it is a third year subject. The Sub-Committee recommends that it form part of the second year course, as it follows naturally and easily upon the study of Real Property in the first year.
(3) Evidence. All the provinces except New Brunswick prescribe this for the second year course, and all the provinces without exception for the third year course. The Sub-Committee recommends that it be first taken in the second year and also studied in the third.
(4) Sale of Goods.-This is prescribed as a separate subject of study for the second year in Manitoba, Ontario, Nova Scotia (Dalhousie), New Brunswick and Prince Edward Island. The Sub-Committee thinks that it follows naturally upon the study of Contracts in the first year course, and should find a place in the program of the second year.
(5), (6) and (7) Bills and Notes, Agency, Partnership.—The same remark applies to these three subjects also.
(8) Insurance. This subject appears to have been overlooked in the curricula of most of the provincial law societies. At all events it does not figure as a separate subject. In the opinion of the Sub-Committee it should be treated separately and assigned to the second year.
(9) Practice and Procedure. This will be continued in the second year.
(10 Personal Property. This subject is important, but not of the first importance. A great deal of it is learnt incidentally to other studies. The Sub-Committee is not inclined to insist upon it as an essential item in the program. It is suggested, however, as a suitable subject for admission to the second year
(11) If the subject of Landlord and Tenant is taken separately, it should be assigned to the second year.
THIRD YEAR. The program for this year will include a detailed study of Constitutional Law and also further courses in Equity, Evidence, and Practice and Procedure. The subjects introduced for the first time will be Rules of Interpretation and Practical Statutes, Drafting of Statutes, Corporations, including Companies, Conflicts, Municipal Law and Suretyship. In prov