Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
High Freshets And Low-Lying Farms: Property Law And St. John River Flooding In Colonial New Brunswick, Jason Hall
High Freshets And Low-Lying Farms: Property Law And St. John River Flooding In Colonial New Brunswick, Jason Hall
Dalhousie Law Journal
Although New Brunswick was founded on private land ownership, colonists who settled low-lying land along the St. John River found that the waterway's erratic flood cycle and ever-changing nature threatened their lives and farms, and thwarted their efforts to divide riverbanks and islands into fixed parcels of private property. This article draws upon colonial petitions, sessional court records, and colonial legislation in analyzing the response of the colonial legislature and of local governance to the challenge that the St. John River created for property rights and a private land management system dependent on static boundaries and fixed fences. In examining …
Death To Semelhago!, Bruce Ziff
Death To Semelhago!, Bruce Ziff
Dalhousie Law Journal
In the 1996 decision of the Supreme Court of Canada in Semelhago v. Paramadevan, Justice John Sopinka stated that it is no longer appropriate to assume that specific performance will issue as a matter of course to enforce a contract for the sale of land. Before performance will be ordered, it must be proven (and not assumed) that common law damages for breach of contract will not suffice to do justice. In this article, Semel hago and the case law generated in its aftermath will be reviewed, and the policy arguments pertaining to the current law addressed. In short, it …
R. Bitterman & M.E. Mccallum, Lady Landlords Of Prince Edward -Island: Imperial Dreams And The Defence Of Property, Jim Phillips
R. Bitterman & M.E. Mccallum, Lady Landlords Of Prince Edward -Island: Imperial Dreams And The Defence Of Property, Jim Phillips
Dalhousie Law Journal
On 23 July 23 1767, some four years after its acquisition of Saint John's Island [now Prince Edward Island] in the 1763 Treaty of Paris, Britain held a one-day lottery through which it distributed almost the entire island in sixty-six lots [townships] of about 20,000 acres each.' Many lots went to individuals, civil and military servants of the crown, including such notables as John Pownall, secretary to the Lords of Trade, and Admiral Augustus Keppel. Although none of the proprietors met the principal condition oftheir grant-that they settle the land within ten years with one Protestant settler for every 200 …
Was Amerindian Dispossession Lawful? The Response Of 19th-Century Maritime Intellectuals, D G. Bell
Was Amerindian Dispossession Lawful? The Response Of 19th-Century Maritime Intellectuals, D G. Bell
Dalhousie Law Journal
In the half-century ending about the time of Confederation a dozen writers addressed awkward questions about an earlier generation's dispossession of Maritime Amerindians from land and resources: had it been lawful; if so, how; if not, what should be done? In the main they approached it as an abstract question, divorced from those particulars of local history that would become the focus of late-20th-century investigation. Those who theorized that English tradition made dispossession lawful did so with reference to the doctrine of "discovery" or to the proposition, grounded in Locke and accepted widely in colonial public opinion, thatAmerindian possession of …
Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson
Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson
Dalhousie Law Journal
The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.