Law353syllabus-Summe.. - The Environmental Law Centre

Law 353: Environmental Law Centre ClinicSummer Term, 2010Course Description and SyllabusCourse Name:Unit Value:Hours per week:Instructor:Law 353 - Environmental Law Clinic1.5 or 2.0 (negotiable with instructor according to assumed workload butmust be confirmed in writing by the Add/Drop date)3 classroom hours (Tuesdays 6-9pm) plus attendance at Board and otherworkgroup and committee meetingsProfessor Calvin Sandborn (csandbor@uvic.ca)Objectives:1. gain an appreciation of the theory and practice of public interest lawyering;2. acquire basic law office and case management and planning skills;3. develop legal interviewing, research, analysis, writing and oral advocacy skills by;working with clients involved in public interest environmental law issues or disputes4. gain practical experience working in a non-profit sector setting and a basic familiaritywith associated legal and practical obligations and responsibilities including financialcontrol, liaison with funders and clients, and reporting to the Board; and5. become familiar with a range of public interest environmental law issues, players andclients, and with the strategies and opportunities for using the legal and political systemto advocate on behalf of the environment.Methodology:In-class seminar; small group work; clinical work with clients; student presentationsMaterials:Readings are available at ELC Clinic and, when possible, online athttp://www.elc.uvic.ca/clinic/course-materials.html.Assignments:Due date:Intake MemoMay 21 (9am)Retainer letter and waiver June 11Media Release July 16Final Project; Transfer Memo, Closing Letter and Exit Memo August 20Evaluation:Students will be evaluated on a pass-fail basis. This evaluation will be ongoing throughout theterm and involve an assessment of their performance on:• skills exercises (memo to Board; client interview; retainer letter; EAB hearing;media release)• a major project (e.g. memo, factum or other work product approved by theinstructor as the student's major term project)

IntroductionWeek One –May11.10• Instructor will provide overview of the Clinic, the ELC, and course expectations• Discussion of course scheduling and requirements including readings• Overview of skills development:o conducting a client interviewo drafting an intake memo and presenting it to the ELC Boardo drafting retainer lettero drafting a press releaseo presenting a brief to the Environmental Appeal Board• Overview of past projects & research initiatives• Discussion regarding conflict of interest procedures and confidentiality• Signing of confidentiality agreements• Discussion and assignment of term cases/projects• ELC Administrator to introduce office and file administration proceduresREADINGS:1.1 Professional Conduct Handbook:Chapters 5, 6 and 7: http://lawsociety.bc.ca/publications_forms/handbook/chapter-05.htmlOffice Procedures and Client InterviewsWeek Two—May18.10• Interview skills instruction and practice• ELC Administrator to discuss office and file administration proceduresREADINGS:2.1 Golini, Ronald. "Interviewing, Counseling, Negotiating";(www.rongolini.com/Interviewing.html)2.2 Sheer, Avrom. Ch 1-4 (pp 1-12; 17-30; 42-59; 72-75; 86-95; 107-110) Client Interviewing forLawyers 1986Assignment Due: May21.10 (9am)Intake MemosELC Board Meeting (6 to 8:30 pm) *** Room TBA***Week Three—May25.10• Students to present for ELC Society Board approval their case/project intake memos(memos to be prepared according to course template; at meeting, students to provideBoard with verbal overview and answer questions)Overview of Canadian Environmental Law and PolicyWeek Four—Jun1.10• Instructor will provide an overview of the main principles, concepts and institutions ofenvironmental law and policy• Discussion of environmental law clinic models, approaches and challengesEnvironmental Law Centre Clinic Syllabus – Summer 2010 Page 2 of 5

READINGS:4.1 Elgie, Stewart. Ch 8 (pp 185-213) “Environmental Groups and the Courts: 1970-1992”Environmental Law and Business in Canada4.2 Tollefson, Chris. (pp 175-195) "Advancing an Agenda? A Reflection on Recent Developmentsin Canadian Public Interest Environmental Litigation" 51 U.N.B.L.J. 20024.3 Price, Matt. (pp 2-16) “Greening the Beaver: Power, Profit, and the Canadian Dream”4.4 Visit PIEL websites including www.ecojustice.ca, www.earthjustice.org.,www.wcel.orgFreedom of Information OverviewWeek Five—Jun8.10Overview of Freedom of Information (FOI) requests and BC’s Freedom of Information and Protectionof Privacy ActREADINGS:6.1 A Citizen’s Guide to FOI, How to Get Government RecordsAssignment Due: Retainer Letters Jun11.10Working with Environmental and Community OrganizationsWeek Six—Jun15.10Potluck event with guest clients• environmental and conservation movement politics and players• the lawyer-client relationship; lawyer's role in campaignsREADINGS:5.1 Buchanan, Ruth & Trubek, Louise G. (pp 687-719) “Resistances and Possibilities: A Criticaland Practical Look at Public Interest Lawyering.” 19 Review of Law and Social Change 19925.2 Lopez, Gerald P. (pp 315-323) “An Aversion to Clients: Loving Humanity and Hating HumanBeings” 31 Harvard Civil Rights-Civil Liberties Law Review 1996Working with First NationsWeek Seven— Jun22.10Consideration of the particular challenges and opportunities of working with First Nationorganizations and communitiesREADINGS:7.1 Taiaiake, Alfred. (pp 1-20, 41-65) Peace, Power and Righteousness: An IndigenousManifesto. Oxford University Press 19997.2 Ross, Rupert. Ch 3 and 5 (pp 52-55, 101-130) Returning to the Teachings. Viking/Penguin 1996Administrative Hearings: Rules and StrategyWeek Eight—Jun29.10Discussion of rules, tactics and strategies in administrative advocacy. Preparation for theadvocacy exercise.Environmental Law Centre Clinic Syllabus – Summer 2010 Page 3 of 5

READINGS:8.1 Sandborn, Calvin. (pp 1-18) "Administrative Hearings" (Summarized from AdministrativeHearings Manual. New England Training Consortium 2000)8.2 EAB Procedure Manual: http://www.eab.gov.bc.ca/app_proc.htm8.3 EAB Policy GuideAdvocacy Exercise: Office of the Environmental Appeal BoardWeek Nine—Jul6.10Will conduct moot of the facts contained in a Forest Appeals Commission decision.READINGS:FAC Decision No. : TBAAssignment Due: Media Release Jul16.10Project Work WeekWeek Ten—Jul13.10No class but students are encouraged to work on their files in the ELC Clinic area.Working with MediaWeek Eleven—Jul20.10Review media rules and ethical, practical and strategic issues:• workshop of student press releases by professional journalist• media skills• accessing information• strategizing on how to work with the mediaREADINGS:10.1 Brown, David. (pp 283-325) "What Can Lawyers Say in Public?" 78 The Canadian Bar Review1999 (also available on the Law Society of BC webpage under Practice Resources:http://www.lawsociety.bc.ca/practice_support/articles/docs/WhatToSayInPublic.pdf10.2 Ura, Michael. "Making the News: A Guide to Using the Media" West Coast EnvironmentalLaw Association website: http://www.wcel.org/wcelpub/5122.html (“Introduction”, “What isNews”, “How News is Made” and “Tools for Using the Media”)Individual InterviewsWeek Twelve—Jul27.10During this week, students will have 15-minute appointments with instructor andadministrator for individual file reviews.Transition Potluck EventWeek Thirteen—Aug3.10• project presentations• discussion of transition to next session• future projects and prospects and lessons learnedAssignment Due: Final Project, Closing Letter & Exit Memo Aug20.10Environmental Law Centre Clinic Syllabus – Summer 2010 Page 4 of 5

Key Points Summary1. This is a pass-fail course2. There will be no exam3. The requirements are:• Attendance at all twelve classes is mandatory, excusable only for medical, family orsimilar pressing reasons. Permission to miss a class should be obtained ahead of timefrom either the instructor or the Associate Dean. Unexcused absences may be grounds forfailure;• Class preparation based on assigned readings (on reserve and by handout);• Satisfactory completion of case/project memorandum or brief on a subject to bedetermined in consultation with the instructor;• Satisfactory completion of skills development assignments (e.g., client interview; intakememo; retainer letter; waiver; advocacy moot, press release, transition memo or closingletter)• Satisfactory maintenance of the legal file on the case, with comprehensive recording oftime devoted to case.NB Both the client and instructor must be satisfied with the project before the studentreceives a grade. The client's evaluation form must be returned before then.Contact InfoName Email Phone RoomChris Tollefson,Executive Directorand Professorctollef@uvic.ca 250.721.81702352 nd floor, LawFacultyHolly Pattison,Paralegal andAdministratorCalvin Sandborn,Legal Director andProfessorDeborah Curran,Program Directorand Professorelc@uvic.ca 250.721.8188csandbor@uvic.ca 250.4721.5248dcurran@dcurranandco.ca 250.853.31052882 nd floor, LawLibrary2842 nd floor, LawLibrary2862 nd floor, LawLibraryEnvironmental Law Centre Clinic Syllabus – Summer 2010 Page 5 of 5