Digital Commons Network^™

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (NonSupervisory): Internal Mail Processing and Complementary Postal Services, which expired December 31, 1982 but was extended to September 20, 1984 by Bill C-124, and in particular of Article 33, in that the Employer failed to provide safety footwear to casual employees in the same fashion as it had been provided to regular employees. The Union requested that I declare that the Collective Agreement applied to casual employees in this respect, direct that they be provided with safety footwear and that those who should have …

Re Canada Post Corp And Association Of Postal Officials Of Canada, Innis Christie

Innis Christie Collection

Employee grievance alleging discharge without Just cause contrary to the Collective Agreement between the parties bearing expiry date December 31, 1986 but which, counsel agreed, had been extended and applies to this matter. The Union requested that the grievor be reinstated and reimbursed for all lost pay and benefits and that all documents relating to the discharge be removed from his personal file. At the outset of the hearing the parties agreed that I was properly seized of this matter and should remain seized after the issue of this award to hear evidence relating to the quantum of compensation, if …

Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard

Dalhousie Law Journal

This book contains 30 essays covering many aspects of Quebec law,' divided into five sections: l'Etat, les personnes, les conditions de vie, les organisations, and a final section entitled l'émergence d'une science juridique. The contributions are united in a formal sense in two ways: their authors are all professors in the department of sciences juridiques at l'Université du Québec à Montréal, and they all focus on developments in the period 1970-1987. Thematically, the pieces are united, according to the preface at any rate, in providing, "une lecture critique de l'évolution des tendances de notre droit" during this agitated, exhilarating and …

Dean Christie's Letter, Innis Christie

Innis Christie Collection

The move back into the Weldon Law Building has been completed, except for the Law Library, which will continue to be house in the University's Killam Library until the spring of 1989. It has been a great boost to morale to have everybody under the same roof again.

Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman

Dalhousie Law Journal

My work... has assumed the shape of ... a spiral curriculum, circling around the same issues, though trying to keep them open-ended. This statement was penned by Northrop Frye in Spiritus Mundi in the context of reflections about creativity and literary criticism, but it aptly describes as well the intellectual ferment of writing about legal education in Canada during the past few decades. Indeed, Frye's suggestion that the above quotation "may be only a rationalization for not having budged an inch in eighteen years ' may similarly offer an important clue about the legal education debate in Canada and the …

Constitutional Protection Of The Right To An Education, William F. Foster, Gayle Pinheiro

Dalhousie Law Journal

The education of its citizenry is often recognized as one of the most important public services provided by the state. The history of the rise and development of public education in the provinces of Canada reveals, above all, the influence of the Protestant and Roman Catholic churches. The educational philosophy, aims and broader objectives of the public education system reflected the moral and religious doctrines of the faith which had sponsored the founding of the institution. Yet there also existed a pervasive belief among the general populace in the power of education to support and nourish basic democratic values. Moreover, …

International Law And The Developing Countries, Jeremy Thomas

Dalhousie Law Journal

Professor Anand over the past two-and-a-half decades has established himself as one of the leading Third World publicists of international law. Less rhetorical than some, but just as vigorous, he has championed the development of a new international law based on cooperation in rejection of the old traditional and "Eurocentric" international law. In International Law and the Developing Countries Professor Anand brings together a collection of his previously published essays and wields them into a book for the purpose of evaluating "the traditional law and the process of change that it is undergoing to become a communal law of mankind".

The Teaching Of The Law Of Thailand, Ted L. Mcdorman

Dalhousie Law Journal

Within the last few years Canada has begun to realize that it is a Pacific Rim country with substantial connections and interests in Asia. As part of this awakening Canadian interest in Asian affairs the Faculty of Law at the University of Victoria decided to develop and offer a course entitled "Legal Issues in Southeast Asia", with the hope that such a course would provide a forum for a systematic, informed comparison of the legal systems of Asia.

Lord Mansfield And Negotiable Instruments, Jane D. Samson

Dalhousie Law Journal

In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.

International Humanitarian Assistance The Right To Life In International Law The Right To Food, L C. Green

Dalhousie Law Journal

When the international community first became interested in the problem of human rights during the second world war and then enunciated those rights in a series of international instruments, there was a tendency among writers to deal with the issue as a comprehensive whole. Now, however, it has become increasingly popular for authors to deal with a specific right to the exclusion of all others.

Constitutional Law (Kempo), Jutta Brunnée

Dalhousie Law Journal

In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.

The Trials Of Mental Health Law: Recent Trends And Developments In Canadian Mental Health Jurisprudence, Robert M. Gordon, Simon N. Verdun-Jones

Dalhousie Law Journal

Mental health law in Canada has traditionally shared many common themes with the mental health law of such other Commonwealth countries as Britain, Australia and New Zealand but is only a distant cousin of the system of mental health law that has emerged in the United States. The existence of an entrenched Bill of Rights in the United States has fashioned a situation in which many major issues relating to the rights of mental health patients have been dealt with as constitutional matters of great import. Consequently, the 1960s and 1970s witnessed a burgeoning of an exciting body of case …

Behaviour Alteration, The Law Reform Commission And The Courts: An Ethical Perspective, Eike-Henner W. Kluge

Dalhousie Law Journal

The Law Reform Commission of Canada, in its Working Paper 43 Behaviour Alteration and the Criminal Law, addresses the issue of the deliberate modification of human behaviour by medical means. It does so vis-A-vis non-consensual treatment prescribed in the purely therapeutic setting as well as with respect to such treatment imposed by way of sentencing. The Commission focuses its deliberations around three questions: 1. Do present laws provide sufficient protection against involuntary or non-consensual administration of behaviour alteration treatment? 2. Should psychological integrity be protected by the Criminal Code as physical integrity already is? 3. Should the law legitimate the …

Re Canada Post Corp And Cupw (Hogan), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and compensated for all lost rights, benefits and earnings and that all reports, letters and documents relating to this discharge be removed from his personal file.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Appendix "P" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86, in that the Employer failed to implement the provisions of Appendix "P" by creating jobs and expanding services in C.U.P.W. staffed outlets. The Union requested an order that the Employer comply with Appendix "P" and, specifically, that the Employer provide the Union with the results …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Appendix "P" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86, in that the Employer failed to implement the provisions of Appendix "P" by creating jobs and expanding services in C.U.P.W. staffed outlets. The Union requested an order that the Employer comply with Appendix "P" and, specifically, that the Employer provide the Union with the results …

Re Canada Post Corp And Cupw (Whittle), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987 and in particular Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings and that all reports, letters or documents relating to this matter be removed from his personal file.

Re Canada Post Corp And Lcuc (Merlin), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. on behalf of the grievor the Union requested that he be reinstated without any loss of pay and be sent a letter of apology.

Re Canada Post Corp And Canadian Union Of Postal Workers (Halifax Franchise Grievance), Innis Christie

Innis Christie Collection

Union Grievance alleging improper contracting out. Grievance allowed.

National union grievance alleging violation of art. 39.08 of the collective agreement between the parties for the Postal Opera­tions Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, S. C. 1987, c. 40, Bill C-86, in that the employer opened a franchised dealership without holding constructive consultation with the union. The union requested an order that the employer be directed to discontinue the offering of new services through …

Lcuc V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. On behalf of the grievor the Union requested that he be reinstated without any loss of pay and that the letter of discipline be withdrawn from his file. A letter of apology was also requested.

A Guide To Maritime Boundary Delimitation, Ted L. Mcdorman

Dalhousie Law Journal

This is not a book for lawyers. This is not a book written by lawyers. It is a book written by hydrographers for hydrographers. However, because the book deals with maritime boundary delimitation it is a book of interest to an audience far beyond hydrographers, since ocean boundaries concern lawyers, political scientists, economists, sociologists, fishermen, resource-specialists and a wide range of other professionals.

Teaching Professional Responsibility In Law School, Alvin Esau

Dalhousie Law Journal

After eight years of teaching a three-credit course on The Legal Profession and Professional Responsibility to second- and third-year law students, I am left with a sense of great dissatisfaction with the whole enterprise. So deep is my dissatisfaction that I am questioning whether to continue or move into a different course instead. This paper is an opportunity to take stock of my experience and attempt to map out the causes of my dissatisfaction, and to seek some vision, if possible, of what the course should be about, how to teach it, and why I should bother. To give the …

Aids In The Workplace: Termination, Discrimination And The Right To Refuse, J Scott Kenney

Dalhousie Law Journal

Not since the days of leprosy has there been a disease so feared and so fatal as AIDS (Acquired Immunodeficiency Syndrome). The lack of knowledge about the disease has merely compounded the problem, so that not only AIDS victims themselves, but also members of perceived "high-risk" groups, face increasing discrimination in all facets of their lives. This paper will focus on only one of these contexts: the workplace. After a review of the current medical knowledge, two principal questions wifl-be examined: (i) What protection does the law give AIDS victims, or members of highrisk groups, against discrimination in employment? (ii) …

The Legal Chapter In The Jin-Shu, Jutta Brunnée

Dalhousie Law Journal

Relatively little is still known of law and legal thinking in ancient China. This recent book by Robert Heuser sheds some light on this era. The book, published in German, draws upon a chapter of the Jin-Shu dynastic chronicle which surveys the events in the Chinese Empire of the first centuries, A.D.

The Corporate Social Responsibility Movement - The Latest In Maginot Lines To Save Capitalism, H J. Glasbeek

Dalhousie Law Journal

The modem corporation bad a battle to be accepted as a legitimate institution. In England it was initially seen as a device which might lead to the undermining of individual responsibility, in the United States as subjugating the individual and individualism to the needs of the organization, and in Canada as offending the dignity of labour and endangering the political entente. In 1932, Berle and Means showed that most of the wealth in the United States was in the hands of corporations and a large proportion of that corporate wealth was controlled by a relatively small number of dominant corporations. …

Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun

Dalhousie Law Journal

In Regina v. Zundel the Ontario Court of Appeal held that s. 177 of the Canadian Criminal Code, entitled "Spreading false news," did not contravene the guarantee of freedom of expression under s. 2(b) of the Charter of Rights and Freedoms3 and that even if it did, it constituted a permissible regulation under s. 1 of the Charter. Section 177 of the Code punishes "everyone who wilfully publishes a statement, tale, or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest." The defendant was charged under the section …

Military Law And The Charter Of Rights, Andrew D. Heard

Dalhousie Law Journal

Substantial re-evaluations of the rules ordering many facets of Canadian society have been required since the introduction of the Charter of Rights and Freedoms, both as a consequence and in anticipation of challenges in the courts. The military community in particular has been faced with extensive difficulties because of the adoption of the Charter of Rights by its parent civilian society. The dilemma the military finds itself in stems from the creation of the Charter by civilian politicians and lawyers who had the problems of a civilian society and legal system in mind; yet it applies equally to the military.' …

Computer Data Banks And Personal Information: Protection Against Negligent Disclosure, Chris Dockrill

Dalhousie Law Journal

The common law has for centuries recognized the protection of certain interests which fall under the rubric of what is commonly referred to as the right of privacy.' While these safeguards have not always satisfied the concerns of the aggrieved individual, they have and continue to afford some measure of protection. The recognition of a need for a more specific means of protecting such interests is more recent in origin, dating to the later part of the last century.

The Marine Transportation Of Hazardous And Dangerous Goods In The Law Of The Sea - An Emerging Regime, Aldo E. Chircop

Dalhousie Law Journal

The transportation of hazardous and dangerous goods by road, rail, inland waterways, air and sea and also multimodally is a subject characterized by both interdependence and convergence of interests. The international community has been seized of this problem from many directions. It involves a wide range of actors and multidisciplinary challenges. It is submitted that a complex regime is in the making.

Conflicting Principles Of Canadian Environmental Reform: Trubeck And Habermas V. Law And Economics And The Law Reform Commission, Rod Northey

Dalhousie Law Journal

Early in the 1970s, the American legal scholar, David Trubeck, made a far-reaching observation: Law is a practical science. It does not ordinarily dwell on fundamental questions about the social, political and economic functions of the legal order. Satisfied with implicit working assumptions about these matters, legal thought moves rapidly to more tractable questions. But when law's solutions to social problems fail to satisfy, it becomes necessary to examine the basic theory from which they derive. Trubeck expounded this thesis in connection with legal developments in the Third World. Using an idea he termed the "core conception" of law, Trubeck …