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Articles 1 - 30 of 42
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Catca V Nav Canada, Innis Christie
Catca V Nav Canada, Innis Christie
Innis Christie Collection
Union grievance alleging breach of the Collective Agreement between The Treasury Board of Canada and The Canadian Air Traffic Control Association, signed August 30, 1991 for the period January 1, 1991 - December 31, 1993, as amended by the Memoranda of Understanding between The Canadian Air Traffic Control Association and NAV Canada dated December 13, 1996, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Articles 16 and 17, in that the Employer advised that only two controllers would be permitted to be on leave during each shift cycle under the 1998 summer …
Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065 (Colpitts), Innis Christie
Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065 (Colpitts), Innis Christie
Innis Christie Collection
Employee grievance alleging breach of the Collective Agreement between the parties dated July 3, 1997, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Article 9:03(d), in that the Employer denied the Grievor Long-Term Disability benefits. The Grievance requested "full redress".
Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English
Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English
Dalhousie Law Journal
In September 1788 a court found 114 men guilty of riotous assembly in the district of Ferryland the previous winter. This event is remarkable for the number involved (45% of the adult male population of the district); for the number of charges (21% of all civil and criminal actions heard in the district's courts over the next 25 years); for the absence of damage to property; and for the severity of the sentences, which included loss of wages, flogging, transportation and banishment. These proceedings occurred in a community where *the majority (Irish planters, fishermen and apprentices) were socially distinct from …
Flattening The Claims Of The Flat Taxers, Neil Brooks
Flattening The Claims Of The Flat Taxers, Neil Brooks
Dalhousie Law Journal
The idea that income tax rate brackets should be flattened has gained some support among neoclassical economists, right-wing think-tanks and Canadian politicians. Those propounding the idea argue that flattening the rate structure will simplify the tax system and reduce tax avoidance and evasion. They also argue that it would usher in an era of increased economic prosperity by encouraging talented Canadians to work harder, save and invest more, and remain in Canada. In defending progressive taxation, this article takes issue with each of these claims. It concludes that the fundamental differences between those who support flat taxes and those who …
The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke
The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke
Dalhousie Law Journal
This article examines a series of cases launched in the Nova Scotia courts following the Cumberland Rebellion of 1776. In these cases loyalists sued former rebels, including those granted amnesty by the authorities, for losses sustained during the rebellion. The article traces the history of the cases and places them in the context of post-rebellion government policy. It argues that such proceedings were without precedent and effectively took the place of official schemes of expropriation of rebel land and compensation to loyalists. It also suggests that the use of civil courts in this way prolonged and exacerbated the social and …
Preface, Philip Girard
Preface, Philip Girard
Dalhousie Law Journal
The foreword to the first issue of the Dalhousie Law Journal (September 1973) stated that the editors commenced the enterprise "without lofty pretensions." If the newjournal' s existence served "to encourage creative research and writing among law teachers, among students, and generally among the legal profession and related disciplines, that may be justification." The editors nonetheless concluded with a lofty enough mission statement: "we shall be endeavouring to produce a stimulating journal exemplifying those qualities that most people would characterize as scholarly, among them thoroughness, precision of thought, independence of judgment." The Editorial Board believes that the Journal has fulfilled …
A Computer-Assisted Legal Research And Writing Course, Jocelyn Downie, Michael Deturbide, Laura Fraser
A Computer-Assisted Legal Research And Writing Course, Jocelyn Downie, Michael Deturbide, Laura Fraser
Dalhousie Law Journal
In this paper, the authors describe and assess their experience with the use of WebCT (a computer program that facilitates the creation and management of courses using the Internet) in the Dalhousie Legal Research and Writing Program. They explain what WebCT is, why they decided to use it, and how they used it. They assess its inaugural use and conclude that, despite some difficulties, the pilot project was a success and WebCT can be a useful tool for other teachers of legal research and writing.
Acquiring The Law: The Private Law Library Of William Young, Halifax, Nova Scotia, 1835, William Laurence
Acquiring The Law: The Private Law Library Of William Young, Halifax, Nova Scotia, 1835, William Laurence
Dalhousie Law Journal
In 1835, Halifax lawyer William Young, who would later become premier and chief justice of Nova Scotia, as well as a founder of Dalhousie Law School, compiled a catalogue of his personal law library. In the catalogue, Young identifiedthe short title, the price, and if applicable, the number of copies or volumes, for each item in his collection. Through an examination of Young's catalogue, as well as contemporary correspondence, journals, and business records, and, where identifiable, Young's former texts, this study discusses the nature, sources, and to a certain extent, the actual use of Young's law library. This study demonstrates …
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
Dalhousie Law Journal
This article analyses the employment of textual tactics in the Final Report of the Royal Commission on New Reproductive Technologies. The author argues that the Commission uses these tactics to persuade several different audiences that its stance is correct, and simultaneously to manage dissent over new reproductive technologies. Analysis of textual tactics opens the ethical position of the Commission to substantive questioning. The authorfocuses on the Commission's discussion of prenatal diagnosis for genetic anomalies and concludes that the Commission fails to engage with ethical arguments put forward by persons with disabilities and their advocates. The conclusion also encourages the development …
The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver
The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver
Dalhousie Law Journal
In 1994, frustration with the Pacific salmon dispute between Canada and the United States, caused the Canadian government to impose a transit fee on American fishing vessels. The author reviews the legality of the measure vis-avis three legal regimes: the United Nations Convention on Law of the Sea, the defence of countermeasures, and the defence of necessity. In addition, the effectiveness of retaliatory measures are examined in viewof recent developments. The author concludes by recommending a two-track strategy: an alliance with NativeAmerican groups as well as environmentalnon-governmentalorganizations.
What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan
What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan
Dalhousie Law Journal
Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …
Bad Attitude/S On Trial, Carl Stychin
Bad Attitude/S On Trial, Carl Stychin
Dalhousie Law Journal
Bad Attitude/s on Trial presents a "critical analysis of pornography in the context of contemporary Canada,"' with a particular focus on the impact of the Supreme Court of Canada's decision in R. v. Butler,2 and its reformulation of the basis of obscenity law. The book is co-written by four Canadian academics: Brenda Cossman, Shannon Bell, Lise Gotell, and Becki L. Ross. Each has contributed a separate section of the book, along with an introduction by Cossman and Bell. The result is a vital, theoretically sophisticated addition to the literature on pornography; a vivid documentation of the impact of obscenity law …
The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum
The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum
Dalhousie Law Journal
The crises in Canada's fisheries demonstrate the failure of Canadian fisheries management practices to achieve their public policy objectives. The author proposes that a new fisheries management regime, based on principles of community-based management, should be implemented to better ensure the sustainability of both the fisheries and fishing communities. A draft bill is provided to establish a specific framework around which to discuss those values and interests that should be promoted and protected by legislation, and how legislation can be used to establish and nurture a new community-based management regime.
Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins
Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins
Dalhousie Law Journal
Expertise, bias and delay arguments are shifting the focus of judicial review from the legality of administrative decisions to the reputation of administrative decision- makers. These grounds measure the skill, objectivity and efficiency characteristics that define administrators' reputations. They make it possible for courts to consider these reputations, even if only by way of unarticulated judicial notice, when deciding judicial review applications. After setting out the theory of expertise, bias and delay implicit in recent Supreme Court of Canada decisions, the author concludes that courts must use less impressionistic measures in judging these concepts, lawyers must present more concrete reputational …
Visible Minorities In The Multi-Racial State: When Are Preferential Policies Justifiable?, Anita Anand
Visible Minorities In The Multi-Racial State: When Are Preferential Policies Justifiable?, Anita Anand
Dalhousie Law Journal
This article outlines the circumstances in which the state is justified in implementing preferential policies in favour of visible minorities and describes an approach to policy formulation. The thesis is that visible minorities warrant preferential treatment in order to rectify past injustices and to redistribute advantages to visible minorities who are chronically poor. "Supply-side" over "demand-side" policies are favoured. Supply-side policies are preferable because they support substantive equality by ensuring that individuals have a minimum level of subsistence. If the goal of achieving substantive equality is to be achieved, the poor should also be entitled to benefit under preferential policies. …
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Dalhousie Law Journal
The Canadian Health and Social Transfer ("CHST"), which came into force on April 1, 1996, contains no national standards relating to the quality of social welfare. The goal of this new transfer was to promote provincial flexibility in the sphere of social policy. The author argues that this flexibility may undermine the core of the Canadian welfare state. Given the preoccupation of the provincial and federal governments with devolution, welfare recipients must turn to the judiciary to determine the "bottom line" of the welfare state. The author explores the various constitutional and administrative law grounds on which the federal government's …
No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey
No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey
Dalhousie Law Journal
The contrasts, in form and substance, were stark. In form, I was a black woman in a wheelchair, pleading before an all-white, able-bodied and almost all-male Supreme Court of Canada. The usually empty public galleries in the Ottawa courtroom were filled with people of colour, who had come from across the country to witness the hearing of this landmark case. On their entrance, the nine white judges, dressed in their staid, black robes made an almost audible gasp as they were met with this colourfully clad, intently silent band of people of colour.
R. V. R.D.S.: A Political Science Perspective, Jennifer Smith
R. V. R.D.S.: A Political Science Perspective, Jennifer Smith
Dalhousie Law Journal
Political scientists, including those who study Canadian government and politics, regard the judiciary as a component of the system of governance as a whole. They view it as an institution in relation to other institutions. Thus in The Judiciary in Canada: The Third Branch of Government, Peter Russell examines such issues as the structure of the judiciary in the federal system, the separation of powers and judicial independence, and the appointment, promotion and removal of judges.' As well, political scientists follow the development of the law itself, in areas of peculiar relevance to political life, like electoral law, or of …
Bodies Of Law, Moira Mcconnell
Bodies Of Law, Moira Mcconnell
Dalhousie Law Journal
"Don't judge a book by its cover" is a maxim most frequently recited to children by adults to explain the idea that one should not judge people on the basis of appearance. This maxim captures the gist of the topic explored in Alan Hyde's Bodies of Law. Bodies of Law seeks to expose the fact that we simultaneously view a person as an entity distinct from her or his physical manifestation while our understanding and response to a person is affected by our perceptions and judgments regarding their physical characteristics.
Peace And Public Order: International Mutual Legal Assistance "The Canadian Way", Robert J. Currie
Peace And Public Order: International Mutual Legal Assistance "The Canadian Way", Robert J. Currie
Dalhousie Journal of Legal Studies
One of the fastest-growing trends in the battle against transnational crime is the conclusion of mutual legal assistance treaties between states. These conventions provide a framework for inter-jurisdictional evidence gathering, allowing for formalized cooperation in criminal investigations through a system of requests for assistance between national authorities. Canadian practice in this area has remained largely unscrutinized, but presents an interesting duality: while the courts of the land have liberally interpreted the powers of the government to fulfill requests from other countries, the making of requests by Canadian authorities has been fraught with difficulty, particularly with regard to the rights of …
Sterilization: Choice, Right, Or Requirement? A Comment On The Best Interests Test In Re Eve, Laura Fraser
Sterilization: Choice, Right, Or Requirement? A Comment On The Best Interests Test In Re Eve, Laura Fraser
Dalhousie Journal of Legal Studies
In 1986 the Supreme Court of Canada rendered its decision in E. (Mrs.) v. Eve. In that case, an application was made by the mother of Eve asking the Court to consent under its parens patriae jurisdiction to the sterilization of her daughter for both menstrual management and contraceptives purposes. Eve was described by the trial judge as a 24 year old "mild to moderately" mentally incompetent person who "might be able to carry out the mechanical duties of a mother under supervision... [but] incapable of being a mother in any other sense." The Supreme Court of Canada concluded that …
Mandatory Indeterminate Sentences Under Dangerous Offender Legislation, Jennifer J. Soward
Mandatory Indeterminate Sentences Under Dangerous Offender Legislation, Jennifer J. Soward
Dalhousie Journal of Legal Studies
On September 17, 1996, Allan Rock, Minister of Justice and Attorney General of Canada, and Herb Grey, Solicitor General of Canada, announced "tough new measures" to deal with dangerous offenders. These measures were introduced in Bill C-55, which received Royal Assent on April 15, 1997. The following comment focuses on only one significant change to the dangerous offender legislation. As part of these measures, the new section 753(4) of the Criminal Code removes a judge's discretion to award a determinate sentence once an accused is found to be a dangerous offender. This discretionary power is which existed in the former …
Taking The Gaar Too Far: An Analysis Of Mcnichol V. The Queen, Timothy R. Hughes
Taking The Gaar Too Far: An Analysis Of Mcnichol V. The Queen, Timothy R. Hughes
Dalhousie Journal of Legal Studies
The decision of the Tax Court of Canada in McNichol v. The Queen represents the first instance in which the General Anti- Avoidance Rule (the "GAAR"), in section 245 of the Income Tax Act, has been judicially applied. The impugned transaction was a classic example of dividend or "surplus" stripping, which involves the removal of tax paid net profit from a corporation as capital rather than by a distribution of dividends. There are specific anti- avoidance measures within the Act which purport to deal with surplus stripping transactions. The Court, however, chose not to utilize such purpose-built provisions, but relied …
Swimming Against A Legal Current: A Critical Analysis Of The Pacific Salmon Treaty, Brent R.H. Johnston
Swimming Against A Legal Current: A Critical Analysis Of The Pacific Salmon Treaty, Brent R.H. Johnston
Dalhousie Journal of Legal Studies
The 1985 Pacific Salmon Treaty between the United States and Canada was intended to establish ongoing cooperative management of the west coast salmon stocks. In recent years, however, disputes over Pacific salmon have recurred, and relations between the parties have become increasingly acrimonious. This paper critically reviews the Pacific Salmon Treaty and identifies aspects of the Treaty which tend to frustrate cooperative relations. From this analysis, it is concluded that concerns over long-term resource conservation and short-term resource allocation are poorly reconciled under the Treaty. Finally recommendations far improving the bilateral salmon management effort are outlined. *** Le Traité sur …
Vicarious Liabiliy For Sexual Assault: The Two New Tests For Scope Of Employment In B.(P.A.) V. Curry And T.(G.) V. Griffiths, Sheila Wildeman
Vicarious Liabiliy For Sexual Assault: The Two New Tests For Scope Of Employment In B.(P.A.) V. Curry And T.(G.) V. Griffiths, Sheila Wildeman
Dalhousie Journal of Legal Studies
Recently, Canadian courts have been divided on the issue of whether or in what conditions vicarious liability may be assigned for an employee's act of sexual assault. In particular, the controversy has focused upon the issue of the proper test for gauging whether a sexual assault may be deemed to have been committed within the scope of employment. The most radical new approach to scope of employment in the context of sexual assault has been that of the B.C. Court of Appeal in the case B.(P.A.) v. Curry and its companion judgment T.(G.) v. Griffiths. In B.(P.A.), the B.C. Court …
Implementation Of The 1996 Hazardous And Noxious Substances Convention: A Few Short Steps To Canadian Law, John Macdonald
Implementation Of The 1996 Hazardous And Noxious Substances Convention: A Few Short Steps To Canadian Law, John Macdonald
Dalhousie Journal of Legal Studies
Far more destructive than oil spills are spills of other hazardous and noxious substances (collectively "hazardous substances"). This is a comment on the International Convention on Liability and Compensation for Damage in Connection with the Carriage o f Hazardous and Noxious Substances by Sea, 1996. It is an international convention to apportion liability and facilitate compensation for victims of hazardous substances which was passed by the International Maritime Organization on May 1996. Canada became a signatory to the Convention on September 9, 1997. This comment will examine the history of the development of the HNS Convention, including the difficulties encountered …
The Journalist's Legal Guide, Third Edition, Arnold Ceballos
The Journalist's Legal Guide, Third Edition, Arnold Ceballos
Dalhousie Journal of Legal Studies
Book review of The Journalist's Legal Guide, Third Edition by Michael G. Crawford and published by Carswell (Scarborough, Ont.), 1996. (380 pp.)
The Criminal Jury Trial In Canada, Second Edition, Brent R.H. Johnston
The Criminal Jury Trial In Canada, Second Edition, Brent R.H. Johnston
Dalhousie Journal of Legal Studies
Book review of The Criminal Jury Trial in Canada, Second Edition by Christopher Granger and published by Carswell (Toronto), 1996. (358 pp.)
Equality And The Charter: Ten Years Of Feminist Advocacy Before The Supreme Court Of Canada, Dana Mackenzie
Equality And The Charter: Ten Years Of Feminist Advocacy Before The Supreme Court Of Canada, Dana Mackenzie
Dalhousie Journal of Legal Studies
Book review of Equality and the Charter: Ten Years of Feminist Advocacy Before the Supreme Court of Canada by Women's Legal Education and Action Fund and published by Emond Montgomery (Toronto), 1998. (529 pp.)
The Canadian Guide Of Consent To Treatment, Second Edition, Jasmine M. Ghosn
The Canadian Guide Of Consent To Treatment, Second Edition, Jasmine M. Ghosn
Dalhousie Journal of Legal Studies
Book review of The Canadian Guide of Consent to Treatment, Second Edition by Lorne E. Rozovsky and published by Butterworths (Toronto), 1997. (161 pp.)