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Full-Text Articles in Law
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Dalhousie Law Journal
The invitation to me, as present Chairman of the Law Commission for England and Wales, to take part in this centenary celebration of Dalhousie Law School was both an honour conferred on our Law Commission and a recognition of our shared heritage of the common law and of the spirit and endeavour of law reform shared by the legal systems of Canada and of the United Kingdom. Greater honour was done to my office and to me by the conferring of the Honorary Degree of Doctor of Laws of this great university in such distinguished company.' This particular honour I …
The Future Of The Common Law Tradition, Alan Watson
The Future Of The Common Law Tradition, Alan Watson
Dalhousie Law Journal
The majority of Western systems of private law is habitually divided by scholars into civil law systems and common law systems. Eastern Canada fortunately partakes of both traditions - the civil law in Quebec and common law in the other provinces. One difference between the two traditions is the greater and earlier emphasis that was placed on the teaching of civil law in universities. In conformity to this, Quebec had three university law schools before the common law provinces had any; they were McGill (established in 1848), Laval (established in 1854), and Laval in Montreal (in 1878). But Dalhousie was …
On Criminal Procedure, Bruce P. Archibald
On Criminal Procedure, Bruce P. Archibald
Dalhousie Law Journal
Quebec jurists are sometimes want to decry, and justifiably so, the absence of recognition accorded the works of their Quebec colleagues by judges, practitioners and academics in the common law provinces of Canada.' In the field of criminal law this situation exists, even though one might have thought that practical pressures to present the latest argument on a general criminal defence or some aspect of criminal procedure would drive English speaking lawyers across linguistic barriers in search of solutions. Irene Lagarde's Droit pdnal canadien2 was the standard reference source for the francophone practitioner of Canadian criminal law for years, but …