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Dalhousie Law Journal

2009

Legal history

Articles 1 - 2 of 2

Full-Text Articles in Law

Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill Oct 2009

Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill

Dalhousie Law Journal

According to Klein &Kratchanov (Government Information: The Right to Information and Protection of Privacy in Canada, 2nd ed., 2009), "there is one reported case of a successful private prosecution for violation of an access statute through the unauthorized release of personal information. The matter arose under a former Nova Scotia Act and resulted in a modest fine being imposed against a Minister of the Crown who had disclosed information about the complainant." What follows is a close, contextual study of a case unique in the short history of privacy law in Canada, from the perspective of the thirty-year development of …


R' Blake Brown, A Trying Question: The Jury In Nineteenth-Century Canada, Mary Stokes Oct 2009

R' Blake Brown, A Trying Question: The Jury In Nineteenth-Century Canada, Mary Stokes

Dalhousie Law Journal

In a 1984 review essay on the inter-relationship(s) oflaw and society in English criminal law historiography, Doug Hay observed that "in history, there is no 'background,"" His point was that there are an infinite number ofbackgrounds, all of which are moving and changing, often in non-linear fashion, at different paces, either in counter-point or direct dialogue with the foreground which is the immediate subject ofexposition. Legal historians who put their topics "in context" by treating the background as static are now fortunately few, at least when this background is conceived of as social or economic. But as Hay observed, the …