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Articles 1 - 27 of 27
Full-Text Articles in Law
The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller
The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller
Dalhousie Law Journal
The author examines the current state of international law governing Canada's sovereignty and jurisdiction over the exploitation of hydrocarbons within its continental shelf. These rights are reviewed from a historical perspective through theprogression ofinternational conventions, the decisions ofinternational tribunals and the enactmentof Canadian federal laws. The article includes anexamination of Canada's rights under international law respecting its 200-nautical-mile exclusive economic zone and the continental shelf beyond, as well as a review of Canada's maritime boundary disputes with adjacent coastal states.
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
Dalhousie Law Journal
The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.
The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher
The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher
Dalhousie Law Journal
The authors examine key provisions of the Accord Acts and the experience with them to date, and make comparisons with other jurisdictions. They address regulatory issues, such as the resource conservation powers of the Boards, the relationship between the Boards and other agencies, and the relative success of regulation streamlining efforts. Finally,they consider exploration and development matters and commercial issues such as flow-testing of exploration wells, benefits, royalty agreements, Board guidelines, disclosure of information, and conditions or requirements attached by the Boards to authorizations.
Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman
Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman
Dalhousie Law Journal
The authors explore the recent developments in Aboriginal law and their implications for the petroleum industry in Atlantic Canada. To set the stage, they provide a brief historical overview of Aboriginal settlement and land-use in the region, followed by a brief review of the petroleum industry's development in Atlantic Canada. After examining the state of the jurisprudence relating to Aboriginal rights generally,the authors turn to the current state of aboriginalrights, rights claims, and consultation obligations in the Atlantic Canadian context. The impact of the current state of the law on the petroleum industry is then analyzed and future trends outlined.
Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant
Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant
Dalhousie Law Journal
EnCana is proposing to develop the second gas producing project in the Scotian Shelf, the Deep Panuke Project. The author examines modifications to the Project from that initially proposed in 2002, the use of the previously approved Comprehensive Study Report, and the procedure for public review and approval. The author will also discuss major issues identified during the public hearing, held before a member of the NEB and the Commissioner appointed by the C-NSOPB, including EnCana's alternative options for carrying out the project, consultation with the Aboriginal communities, Canada-Nova Scotia benefits matters, consultation and engagement with the fishing industry, and …
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Dalhousie Law Journal
The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.
Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald
Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald
Dalhousie Law Journal
A new industry is developing in Canada due to recent studies indicating that demand for liquefied natural gas (LNG) supply in Canada and the U.S. is on the rise. As a result, the construction stage has begun for a number of proposed LNG receiving terminals in and around Atlantic Canada. The authors provide an overview of the current issues facing these LNG projects, such as their impact on fisheries, the environment, and Aboriginal rights. They discuss the regulatory framework governing these areas, the due diligence required to identify and address areas of concern, some commercial issues and safety and security …
Creative Sentencing, Restorative Justice And Environmental Law: Responding To The Terra Nova Fpso Oil Spill, Cecily Y. Strickland, Scott Miller
Creative Sentencing, Restorative Justice And Environmental Law: Responding To The Terra Nova Fpso Oil Spill, Cecily Y. Strickland, Scott Miller
Dalhousie Law Journal
On 20 November 2004 the Terra Nova FPSO inadvertently discharged 165n3 of oily water into the surrounding waters of the Newfoundland and Labrador offshore area. Petro-Canada was charged with having caused a spill and thereby committing an offence pursuant to the Canada-Newfoundland Atlantic Accord Implementation Act. This was the first charge of its type arising from offshore oil and gas operations on the east coast of Canada. The authors provide a factual overview of the incident and identify some resultant legal issues, including the application of creative sentencing and the use of probation orders.
Electronic Records As Documentary Evidence, Ken Chasse
Electronic Records As Documentary Evidence, Ken Chasse
Canadian Journal of Law and Technology
The new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rule — a rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; …
The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm
The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm
Canadian Journal of Law and Technology
In February 2007, Industry Canada released a consultation that outlined a proposed auction design for spectrum Ifor Advanced Wireless Services. As part of its consultation, Industry Canada contemplated a spectrum set-aside in the AWS auction to facilitate the entry of a new wireless service provider in Canada; however, it noted that a potential drawback of a spectrum set-aside is that it can induce uneconomic entry into the market. In this paper, we show that a set-aside for AWS spectrum in Canada is more likely to result in uneconomic entry than in a viable domestic entrant into the Canadian wireless industry. …
You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow
You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow
Canadian Journal of Law and Technology
Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …
Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple
Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple
Canadian Journal of Law and Technology
This paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discriminate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based …
Authorizing Copyright Infringement And The Control Requirement: A Look At P2p File-Sharing And Distribution Of New Technology In The U.K., Australia, Canada, And Singapore, Jeffrey C.J. Lee
Canadian Journal of Law and Technology
The doctrine of authorizing copyright infringement has been used to deal with the marketing of new Ttechnology that might be employed by a user to infringe copyright, from the distribution of blank cassette tapes and double-cassette tape recorders to photocopiers. It is being tested yet again with the distribution of peer-to-peer file-sharing software that enables the online exchange of MP3 music and other copyrighted files. This article looks at the different positions adopted in several Commonwealth jurisdictions, and examines the policy considerations behind these positions. It looks at, in particular, the recent Australian case of Universal Music Australia Pty Ltd. …
Virtual Property, Real Law: The Regulation Of Property In Video Games, Susan H. Abramovitch, David L. Cummings
Virtual Property, Real Law: The Regulation Of Property In Video Games, Susan H. Abramovitch, David L. Cummings
Canadian Journal of Law and Technology
This article considers property created and used in the virtual realm of video games, which is often given real- T world value. From the unauthorized copying of designer clothes sold on Second Life for in-game cash, to real court damages awarded against game operators’ deletion of player-earned swords on Mir 3, a bridge has been taking shape from video gaming’s virtual economies to real-world economies. However, virtual property created in virtual worlds has yet to be formally recognized by North American courts or legislatures. This article attempts to touch on some of the legal considerations paramount in determining how such …
L'Affaire Xm Satellite Radio: La Légalité Des Appareils Qui Enregistrent La Radio Par Satellite, René Pépin
L'Affaire Xm Satellite Radio: La Légalité Des Appareils Qui Enregistrent La Radio Par Satellite, René Pépin
Canadian Journal of Law and Technology
Aux Etats-Unis, la radio par satellite existe depuis le nouveau millénaire. Mais les compagnies qui œuvrent dans ce domaine font face depuis 2006 a des poursuites devant les tribunaux par les grandes compagnies de disques. Elles paient pourtant les tarifs convenus avec les entreprises qui s’occupent de gestion collective des droits d’auteur sur les disques. Le probleme vient du fait que depuis leur entrée en ondes, des progrès technologiques leur permettent d’offrir à leurs abonnés des appareils qui sont bien plus polyvalents qu’un simple appareil radio récepteur. Les nouveaux modèles peuvent enregistrer plusieurs heures d'émissions, et ils peuvent transmettre à …
Utility And Rights In Common Law Reasoning: Rebalancing Private Law Through Constitutionalization, Hugh Collins
Utility And Rights In Common Law Reasoning: Rebalancing Private Law Through Constitutionalization, Hugh Collins
Dalhousie Law Journal
In the evolution of private law, legal reasoning has always confronted the fundamental problem of reconciling private interests with collective goods. Philosophers analyse this problem ofjustice in terms ofprotecting individual rights whilst at the same time maximizing utility or general welfare. The private law of tort, contract, and property rights that emerged in the nineteenth century provided a fortress of protections for individual rights, but the consequences for collective welfare were quickly found wanting. These consequences were addressed by the welfare state, regulation, and the separation of new spheres ofprivate law such as consumer law and labour lawfrom mainstream doctrine, …
Promissory Estoppel, Proprietary Estoppel And Constructive Trust In Canada: "What's In A Name?", Jane Matthews Glenn
Promissory Estoppel, Proprietary Estoppel And Constructive Trust In Canada: "What's In A Name?", Jane Matthews Glenn
Dalhousie Law Journal
This paper explores the similarities and differences between promissory estoppel, proprietary estoppel and the remedial constructive trust. Although the three are quite different at one level, as the first is a defence to an action, the second a cause of action as well as a defence, and the third simply a remedy to a cause of action, a closer examination reveals certain underlying similarities. The comparison highlights proprietary estoppel, an oft-overlooked concept in Canada, but which is comparable to promissory estoppel at the substantive level and the constructive trust at the remedial level.
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Dalhousie Law Journal
Access to justice continues to be a live issue in Canadian courtrooms. While state-sponsored initiatives that promote access continue to flounder in Canada or in some cases, are cancelled altogether, the pressure is mounting to find creative solutions that facilitate greater participation in formal dispute resolution processes. The price of failing in this regard is very high. To truly flourish, both social cohesion and individual liberties require a more participatory and inclusive legal system than the one that currently precludes all but the wealthiest from accessing our courts. Drawing on the legal philosophy of Jargen Habermas, the author examines access …
The Origins Of A Coming Crisis: Renewal Of The Churchill Falls Contract, James P. Feehan, Melvin Baker
The Origins Of A Coming Crisis: Renewal Of The Churchill Falls Contract, James P. Feehan, Melvin Baker
Dalhousie Law Journal
The 1969 Churchill Falls contract between Hydro-Quebec and the Churchill Falls Labrador Corporation has been the subject of political controversy. It has also been challenged in the courts, with appeals reaching to the Supreme Court of Canada. Yet, despite the scrutiny of those court cases, the political rhetoric, and the literature that has been spawned by this matter, an extraordinary element of that contract remains remarkably obscure. It is the contract's renewal clause. At the expiry of the contract's forty-four-year term in 2016, that clause requires an automatic renewal for twenty-five additional years at a fixed nominal price that is …
A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum
A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum
Dalhousie Law Journal
Students in first year law in English-speaking common law schools in Canada follow a fairly standard curficulum, heavily weighted in favour of private law subjects such as torts, contracts and property, with criminal law, constitutional law, and perhaps a methods, theories or skills course rounding out their required courses. Most students find the content to be as they expected in courses in torts, contracts, criminal and constitutional law. These areas of law, after all, provide the law-related stories that are an increasing part ofnational and even international news. But many students find first year property a puzzle. They expect the …
Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley
Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley
Dalhousie Law Journal
Every Canadian law society requires thatapplicants for bar admission be of "good character" The author assesses the administration of this requirement and its statedpurposes ofensuring ethical conductby lawyers, protecting the public and maintaining the profession's reputation. In particular, the premise underlying the use of the good character requirement to fulfill those purposes - that character is the "well-spring of professional conduct in lawyers" - is subjected to critical examination through the theoretical principles of Artistotelian virtue ethics and the empirical evidence of social psychology. The primary thesis of this paper is that as currently justified, administered and applied the good …
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Dalhousie Law Journal
In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. Itis arguedthat the comprehensive doctrine ofintergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine ofintergenerational equityposits thepresent generation of humans as simultaneously beneficiaries of the …
Conflict Of Interest, Duress And Unconscionability In Quebec Civil Law: Comment On "The Origins Of A Coming Crisis: Renewal Of The'churchill Falls Contract", Sarah P. Bradley
Conflict Of Interest, Duress And Unconscionability In Quebec Civil Law: Comment On "The Origins Of A Coming Crisis: Renewal Of The'churchill Falls Contract", Sarah P. Bradley
Dalhousie Law Journal
As Professor James Feehan and archivist-historian Melvin Baker describe the circumstances in which the fateful renewal provision of the 1969 Churchill Falls hydro contract was negotiated, they suggest that the legal doctrines of conflict of interest or economic duress might offer a basis upon which the contract, or perhaps the renewal provision, could be impugned. In addition to interesting historical insights, their analysis offers the intriguing possibility that the government of Newfoundland may yet succeed in its long-standing battle to rid itself of its obligations under the grossly disadvantageous Churchill Falls contract.
Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa
Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa
Canadian Journal of Law and Technology
It is now trite to say that the events of September 11, 2001 have had a profound impact on our national security, in terms of its institutional and normative dimensions, and also in terms of a more general public anxiety. The hastily enacted Anti-terrorism Act of 2001 brought about significant changes to a wide range of statutes including, among others, the Criminal Code, the Official Secrets Act, the Canada Evidence Act, and the Proceeds of Crime (Money Laundering) Act. An early conference and resultant book on the Anti-terrorism Act raised serious concerns about the potential impact of the changes on …
Should Scientific Research In The Lead-Up To Invention Vitiate Obviousness Under The Patented Medicines (Notice Of Compliance) Regulations: To Test Or Not To Test?, Ron A. Bouchard
Canadian Journal of Law and Technology
This article is an analysis of case law pertaining to whether scientific research in the lead-up to invention should vitiate a finding of obviousness in pharmaceutical litigation under the Patented Medicines (Notice of Compliance) Regulations (the ‘‘NOC Regulations’’). The NOC Regulations belong to a class of legal instruments referred to as ‘‘linkage regulations’’ that tie patent protection for marketed pharmaceuticals to the Canadian drug approval process. Therefore, the NOC Regulations control entry of generic drugs into the market and access by the public to affordable medication. The issue of testing arises out of the complex and inverse relationship between inventiveness …
Layered Rights: Robertson V. Thomson, Gregory R. Hagen
Layered Rights: Robertson V. Thomson, Gregory R. Hagen
Canadian Journal of Law and Technology
In Robertson v. Thomson Corp., the Supreme Court of Canada (‘‘ the Court ’’) considered ‘‘ whether newspaper publishers are entitled as a matter of law to republish in electronic databases freelance articles they have acquired for publication in their newspapers — without compensation to the authors and without their consent’’. Curiously, while deciding that publishers are not entitled to reproduce the individual articles without the consent of the freelancers, it also held that the publishers do have a right to reproduce the articles in a CD- ROM database ‘‘as a part of those collective works — their newspapers . …
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Stephen Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Stephen Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa
Canadian Journal of Law and Technology
The reach of national law is often greater than its grasp. Although Canada has effective legal power over its territory and all within it, Canadian interests are no longer confined exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian legal authority may run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territories and domestic affairs. Likewise, other states, under the same pressures of globalization, may try to extend their legal reach into Canadian territory, where …