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Dalhousie Law Journal

1994

Articles 1 - 23 of 23

Full-Text Articles in Law

Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill Oct 1994

Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill

Dalhousie Law Journal

Given its primacy and exceptionality in the Nova Scotian context, Wilkie both exemplifies the judiciary's role in official repression, and instantiates the importance of what Wright calls "the ideological mechanisms of the criminal law" in prescribing the outer limits of legitimate political discourse. This paper examines the first known use by the government of Nova Scotia of the eighteenth-century, judicially-invented misdemeanour of seditious libel in order to silence and punish criticism of the ruling eite. As Nova Scotia had neither indigenous caselaw, nor statutory legislation to supplement and reinforce the common law offence-Upper Canada's SeditionAct (1804) was still in full …

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The Supreme Court Of Nova Scotia, Responsible Government, And The Quest For Legitimacy, 1850-1920, Philip Girard Oct 1994

The Supreme Court Of Nova Scotia, Responsible Government, And The Quest For Legitimacy, 1850-1920, Philip Girard

Dalhousie Law Journal

Wallace Graham was one of the ablest judges ever to sit on the Supreme Court of Nova Scotia. Born of humble Baptist parentage in Antigonish in 1848, the yearNova Scotia's firstReform government took office, he was truly one of the sons of responsible government: that group of non-61ite, non-Halifax, non-Anglican men who left their stamp on the province's political order after mid-century. Appointed to the bench in 1889, he sat for twenty-six years as puisne judge and judge in equity before being named chief justice in 1915. Sadly, he occupied the post for only two years, dying suddenly in office …

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The Admiralty Court In Colonial Nova Scotia, Arthur J. Stone Oct 1994

The Admiralty Court In Colonial Nova Scotia, Arthur J. Stone

Dalhousie Law Journal

The establishment of the "Admiralty Court", which was formally known as the Nova Scotia Court of Vice-Admiralty, had preceded Cornwallis's arrival by several years. In the late summer of 1720, when Richard Philipps was both Governor and Vice-Admiral at Nova Scotia's old royal capital of Annapolis, Daniel Henry was appointed as Judge, Arthur Savage as Register and Cypryan Southack as Marshal in vice-admiralty. Less than a decade later, during the winter of 1729, the principal offices of a court of vice-admiralty went to John Bradstreet as Judge, Erasmus James Philipps as Advocate General, James Gibson as Register and Archibald Rennie …

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Mr. Justice Roland Ritchie: A Biography, Thomas Stinson Oct 1994

Mr. Justice Roland Ritchie: A Biography, Thomas Stinson

Dalhousie Law Journal

Mr. Justice Roland Almon Ritchie (1910-1988) was the most recent Nova Scotian to have been on the bench of the Supreme Court of Canada, serving for a quarter-century (1959-1984). Judicial biographies in this country are rare enough that any addition to the literature can be justified but Ritchie is an especially intriguing choice. He served on the bench for a long period, there is a wealth of information regarding his formative years courtesy of the published diaries of his older brother, Charles, and he is regarded as the embodiment of conservatism in a court that has frequently been described as …

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Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey Oct 1994

Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey

Dalhousie Law Journal

Recognition of the spatial aspects of Indian settlement on reserves is vital to understanding the potential for Native self-government. In particular, the number and size of reserves, as well as the remoteness, accessibility and dispersal of Native land holdings must be considered. They can impact on the viability and cost of Native courts and institutions, the solidarity of bands, and the economic livelihood of reserve residents. As Native self-government is fleshed out in constitutional reform talks and experiments in limited self-government, it is not widely known that all of the reserves in every province of Canada combined would not cover …

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A Note About In The Rapids, Wendy Whitecloud Oct 1994

A Note About In The Rapids, Wendy Whitecloud

Dalhousie Law Journal

In The Rapids presents the views of the authors regarding First Nations people in Canada and the issues confronting them as individuals, within their nations, and within their communities. Mary Ellen Turpel and Ovide Mercredi are both First Nations Individuals. They share their own points of view and provide information with respect to these issues in their book. Throughout the book the authors share information by canvassing issues like the significance of Treaties to First Nations people; the provisions of the Indian Act and its effects on First Nations people; disputes over lands and resources; the social consequences of the …

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Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse Oct 1994

Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse

Dalhousie Law Journal

Viola Desmond's courageous efforts to eliminate racial segregation are not as well known to Canadians in general. However, the legal response to Viola Desmond' s challenge provides one of the best examples of the historical role of law in sustaining racism in Canada.

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Genre Et Gestion Du Pouvoir Communautaire À Annapolis Royal Au 18e Siècle, Maurice Basque Oct 1994

Genre Et Gestion Du Pouvoir Communautaire À Annapolis Royal Au 18e Siècle, Maurice Basque

Dalhousie Law Journal

La communauté acadienne de Port-Royal est saisie d'une affaire d'enfant illégitime en 1726. Marie Daigle, épouse de Jacques Goutille, accuse un homme marié, Joseph Broussard dit Beausoleil, époux d'Agnès Thibodeau, d'être le père de l'enfant naturel de sa fille Marie. Marie Daigle présenta la cause de sa file devant le conseil du lieutenant-gouverneur de la Nouvelle-Écosse, John Doucett. Le Conseil décida en faveur de Marie Daigle fille en obligeant Joseph Broussard de lui verser une pension. La mère de Broussard, Catherine Richard, veuve de François Broussard, se présenta également devant le meme conseil et obtint une réduction de la somme …

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Taxing Times For Lesbians And Gay Men: Equality At What Cost?, Claire Fl Young Oct 1994

Taxing Times For Lesbians And Gay Men: Equality At What Cost?, Claire Fl Young

Dalhousie Law Journal

In this article I shall briefly review some of those struggles and the current state of the law. This forms the backdrop to an issue that I view as being of fundamental importance to lesbians and gay men in their fight for equality and which has not received much attention; that is the tax system. I shall focus on two aspects. First, I shall analyse the use of the tax system as a spending programme and a tool by which to subsidise particular activities. In this context I shall examine the federal government's refusal to recognise lesbian and gay relationships, …

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Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley Oct 1994

Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley

Dalhousie Law Journal

Sentencing is traditionally regarded as one of the most difficult and challenging functions of the criminal justice system. In arriving at the appropriate sanction to be imposed upon an offender, a court must reconcile the principles and objectives of the criminal law with the criminal act committed, the circumstances surrounding its commission, and the character of the offender who committed it. The court must, with the guidance of a few abstract, broadly philosophical, and often contradictory principles of sentencing, decide upon a sanction which is appropriate in the very concrete and factually specific case within which it is presented. This …

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Application Of Ilo Conventions To Hong Kong After 1997, Shin-Ichi Ago Oct 1994

Application Of Ilo Conventions To Hong Kong After 1997, Shin-Ichi Ago

Dalhousie Law Journal

On July 1, 1997, Hong Kong will be returned by Britain to China. The date, established by the Sino-British Joint Declaration of 1984' is quickly approaching. The economic and political consequences of repossession by China are certainly of vital importance to the people of Hong Kong but the effect of various international legal obligations after 1997 is also a significant issue. In accordance with the Joint Declaration, a Sino-British Joint Liaison Group was established to address this issue.' It was charged with considering what action should be taken by the British and the Chinese governments to ensure the continued application …

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The Revival Of Tort Theory In Canada, Jamie Cassels Oct 1994

The Revival Of Tort Theory In Canada, Jamie Cassels

Dalhousie Law Journal

Tort scholarship in Canada has not traditionally been preoccupied with theory. Apart from several fine (doctrinally oriented) texts, by far the greatest amount of tort writing found in the journals is ad hoc and responsive to current is sues. It consists for the most part of case comments or 'recent development' articles inspired by important decisions from higher courts. Beyond this, a number of substantive topics and problem areas have recently been dealt with in some detail. There is alarge amount of literature, for example, on the liability of public authorities and professionals, sporting injuries, asbestos and environmental liability, and …

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Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton Apr 1994

Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton

Dalhousie Law Journal

The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …

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The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman Apr 1994

The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman

Dalhousie Law Journal

They were not to become an "object of jealously" according to the British and French in 1783. True to this admonition, the French islands of St. Pierre and Miquelon have remained as the uncontested footnotes to France's colonial presence in North America. However, the ocean area and resources adjacent to the French islands became the object of intense jealously, being the centre of a thorny, 25 year international dispute between Canada and France.

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Social Welfare And Section 7 Of The Charter: Conrad V. Halifax (County Of), Teresa Scassa Apr 1994

Social Welfare And Section 7 Of The Charter: Conrad V. Halifax (County Of), Teresa Scassa

Dalhousie Law Journal

The recent case of Conrad v. Halifax (County of) arose as as. 7 Charter challenge to the County regarding the manner in which the plaintiff was treated as a recipient of municipal social assistance. The case raises a number of interesting issues at the intersection of the Charter and administrative law including the scope of the right to "security of the person"; the scope of the principles of fundamental justice; issues of access to justice and the Charter; and the relationship between the finding of a Charter right and the treatment of the plaintiff in the fact-finding process. This case …

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A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin Apr 1994

A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin

Dalhousie Law Journal

In the 1990s, "identity" has become the centrepiece of theoretical work in a variety of disciplines. We now know that, in the conditions of late modem (or postmodem) society, identity is complex-it is fragmented, intersected, subject to alteration, socially constructed and it exhibits only a partial fixity at any moment. Most important, identities are to be valued, respected, and understood on their own terms. However, we also have relearned (if we ever forgot) that identities can be dangerous and fatal, especially when they coalesce in the form of nationalism. In this article, I will explore the intersection of nationalism and …

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Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn Apr 1994

Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn

Dalhousie Law Journal

This article examines the issue of mandatory reporting of wife assault' by health care professionals. Should a health care professional who believes that a patient is being abused by her partner have a legal duty to report that belief, and the information on which it is based, to a designated government ministry or department?2 Such reporting is already required for cases of suspected child abuse and, in one province, for suspected abuse of adults who are mentally or physically unable to protect themselves from the abuse.

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Siberian Tigers And Exotic Birds: Ronald Dworkin's Map Of The Sacred, Hester Lessard Apr 1994

Siberian Tigers And Exotic Birds: Ronald Dworkin's Map Of The Sacred, Hester Lessard

Dalhousie Law Journal

At its most abstract, Life's Dominion: An Argument about Abortion, Euthanasia, and Individual Freedom is a meditation on the nature of individual freedom. However, as author Ronald Dworkin explains at the end of Chapter One, he believes in doing philosophy in much the same way common law jurists believe in doing law-from the inside out-that is, by starting with a concrete problem and then proceeding to the more general questions raised by that problem. According to Dworkin, this generates a theory that is appropriately tailored to the issue, "Savile Row" so to speak, rather than "Seventh Avenue," and thus a …

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"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman Apr 1994

"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman

Dalhousie Law Journal

This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …

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"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman Apr 1994

"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman

Dalhousie Law Journal

While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …

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Playing The Game, Allan C. Hutchinson Apr 1994

Playing The Game, Allan C. Hutchinson

Dalhousie Law Journal

Soccer is my game. It has been part of my life and, therefore, a part of me since before I can remember. Much of my early years was spent kicking a ball around in one setting or another. Sleeping or waking, I was never far from a soccer ball. On my own against a wall or with a couple of likeminded friends, I took the part of legendary favourites and played out some of soccer's great games. The stuff of boyhood fantasizing, some of my best memories can still be traced back to my grandfather's back yard or the local …

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Is Care Enough? Proceed With Care: Final Report Of The Royal Commission On New Reproductive Technologies, Diana Majury Apr 1994

Is Care Enough? Proceed With Care: Final Report Of The Royal Commission On New Reproductive Technologies, Diana Majury

Dalhousie Law Journal

Having just finished reading Proceed with Care: Final Report of the Royal Commission on New Reproductive Technologies, I find that the questions I am left with pertain less to the technologies themselves, although I certainly do have those, and more to the role and effectiveness of royal commissions generally, and this Royal Commission specifically. I am left wondering, Was it worth it? What really was the point of it all? How could we expect any group of seven-or was it nine? well, ultimately five people-to respond with depth and substance to a mandate that required them to "inquire into and …

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International Consequences Of Norway's Decision To Allow The Resumption Of Limited Commercial Whaling, Dylan A. Macleod Apr 1994

International Consequences Of Norway's Decision To Allow The Resumption Of Limited Commercial Whaling, Dylan A. Macleod

Dalhousie Law Journal

In May 1993, Norway announced that it intended to resume limited, controlled commercial whaling. Although the International Whaling Commission (of which Norway is a founding member) voted by an eighteen to six margin to uphold the moratorium on commercial whaling originally established in 1985-86, Norway's decision to resume limited commercial whaling was not illegal. Norway had legally "opted out" of the moratorium by way of the Objections Procedure contained in the International Whaling Convention. Beyond being legal, Norway's decision to resume small-scale harvesting of minke whale stocks was in accordance with the findings of the Scientific Committee of the IWC, …

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