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Articles 241 - 250 of 250
Full-Text Articles in Law
The Origins Of Canadian Narcotics Legislation: The Process Of Criminalization In Historical Context, Neil Boyd
The Origins Of Canadian Narcotics Legislation: The Process Of Criminalization In Historical Context, Neil Boyd
Dalhousie Law Journal
The year 1972 saw a federal Commission investigating the non-medical use of drugs recommend repeal of the offence of possession of marijuana', an indication that state policy with respect to the social control of psychoactive substances was undergoing a thorough re-appraisal. It is not surprising, then, that the past decade should also have seen a considerable degree of academic interest in Canada's initial attempt to make criminal the citizen's desire to alter consciousness. A comprehensive review of this admirable collection of research reveals that Canada ought not to take pride in these initial efforts. The initial statute has been explained …
Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz
Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz
Dalhousie Law Journal
The Supreme Court of Canada held that the defendants in Greenwood Shopping Plaza Ltd. v. Beattie and Pettipas1 could not claim any benefit from a contract because they were third party beneficiaries thereto. Restated, the Court permitted the insurer of a building to reach through the landlord and the tenant, and recoup itself by saddling the tenant's employees with liability for negligently performing their jobs although it could sue neither landlord nor tenant. This result is so unpalatable to both business and labour that it will be avoided, and insurers will acquiesce. In this note I will, (a) by way …
Canada And The Challenge Of Foreign Investment: The First Decade Of Foreign Investment Review, Brian Derrah
Canada And The Challenge Of Foreign Investment: The First Decade Of Foreign Investment Review, Brian Derrah
Dalhousie Law Journal
The enactment of the Foreign Investment Review Act did not halt the evolution of foreign investment policy, nor did the creation of the Foreign Investment Review Agency (FIRA) end the foreign investment problem. For many, the agency became part of the problem. Now, a decade since its inception, FIRA operates in one of the few areas of government endeavour that has no statutorily developed foreign investment policy. The effectiveness of the agency as an articulator and implementor of foreign investment policy requires evaluation. This paper will review the Canadian government's response to the foreign investment challenge - the development of …
Canada's Arctic Jurisdiction In International Law, Donat Pharand
Canada's Arctic Jurisdiction In International Law, Donat Pharand
Dalhousie Law Journal
The purpose of this study is to make a brief overview of Canada's jurisdiction in the arctic regions, jurisdiction which has developed since the transfer of the Arctic Islands to Canada by Great Britain in 1880. The study will concentrate on Canada's jurisdiction over the water areas of the Arctic, but will also cover the status of the other areas involved. More specifically, the areas to be covered are: 1) the islands; 2) the continental shelf; 3) the waters in general; 4) the Northwest Passage; and 5) the airspace.
The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman
The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman
Dalhousie Law Journal
In many areas of Canadian law, the British influence has been pervasive, but in no area has it been more so than in merchant shipping law. Great Britain have long been a seafaring nation and British prosperity and pride have long rested on maritime achievements. Great Britain controlled almost all aspects of colonial merchant shipping, and thus prevented the development of an autonomous Canadian foundation in maritime law. The British influence over Canadian merchant shipping legislation remained pervasive after Confederation and contributed to the failure of Canada to develop a merchant marine, despite Canada being one of the major users …
Law Reform In Canada: The Impact Of The Provincial Law Reform Agencies On Uniformity, Thomas W. Mapp
Law Reform In Canada: The Impact Of The Provincial Law Reform Agencies On Uniformity, Thomas W. Mapp
Dalhousie Law Journal
It is now generally acknowledged that during the course of the last decade the provincial law reform agencies' have emerged as a dominant force in the law reform movement in Canada. The author believes that an analysis of the reports published by these agencies, and the provincial legislation enacted in response to them discloses, however, that to a large extent the imporovements in provincial law that have been gained have come at the expense of uniformity of law among the provinces. This erosion of uniformity under the impact of the benign efforts of the provincial law reform agencies is the …
Marine Cargo Claims, Alastair Bissett-Johnson
Marine Cargo Claims, Alastair Bissett-Johnson
Dalhousie Law Journal
In marine matters, Canada is not a maritime but a coastal power. She is also a nation dependent for a livelihood on foreign trade. Translated into terms of admiralty law, Canada's principal interests in ships is not in their ownership but in the cargoes they carry. Accordingly Marine Cargo Claims is a particularly apt title under which Professor Tetley has written a unique Canadian text. His work is also unusual in several useful ways. First, in being directed to the general practitioner, accustomed or not to admiralty affairs but always short of time, it is deliberately organised to facilitate the …
Distributive And Retributive Justice In Canada, Patrick Kerans
Distributive And Retributive Justice In Canada, Patrick Kerans
Dalhousie Law Journal
The publications of the Law Reform Commission raise many ethical issues. One question - how distributive justice affects the working of retributive justice - is raised in several of their studies but not yet explicitly faced. This paper' approaches the question by way of a reflection on Paul Weiler's lucid and balanced argument, presented in "The Reform of Punishment". 2 1 fully agree with the polemic thrust of Weiler's essay, namely, that the rehabilitative model of corrections, which views crime as a disease, is inadequate and leads to injustice. What I aim to do here is to analyse and subject …
Radical Criminology And The Law Reform Commission Of Canada – A Reply To Professor M. R. Goode, John Barnes, Randal Marlin
Radical Criminology And The Law Reform Commission Of Canada – A Reply To Professor M. R. Goode, John Barnes, Randal Marlin
Dalhousie Law Journal
Professor M. R. Goode' has recently attacked the criminal law work of the Law Reform Commission of Canada as "profoundly unsatisfactory" ' because the Commission has apparently adopted an outmoded theory of the criminal process. He maintains that the approach of the Commission has been vitiated by ... what may be loosely called a liberal-positivist ideology, which fails to question the most fundamental bases of the criminal process in a democratic capitalist society and the faiths which underlie them. This failing to question or to-give written consideration to current criticisms of this ideology has led, in Goode's view, to "the …
The Federal Dimension Of Canadian Economic Nationalism, Donald V. Smiley
The Federal Dimension Of Canadian Economic Nationalism, Donald V. Smiley
Dalhousie Law Journal
Economic nationalism is the subordination of economic structures and processes to political considerations. More specifically, economic nationalism includes: (i) actions by governments, whether of sovereign states or otherwise, to preserve and/or enhance their powers in respect to the production, distribution and exchange of goods and services against the influence of other governments and of non-national individuals and business groups. (ii) actions by governments to effect or sustain material distributions favouring national as against non-national individuals or groups. (iii) actions by governments to effect or sustain particular distributions of material benefits and burdens among their own nationals as these distributions are …