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Articles 1 - 30 of 38
Full-Text Articles in Law
The Agricultural Labourer In Canada: A Legal Point Of View, Kathryn Neilson, Innis Christie
The Agricultural Labourer In Canada: A Legal Point Of View, Kathryn Neilson, Innis Christie
Dalhousie Law Journal
The public has recently been made aware of special difficulties affecting farm labour. In August, 1973 the Report of a Federal Department of Agriculture team entitled "The Seasonal Farm Labour Situation in Southwestern Ontario" ' emphasized the deplorable living and working conditions, on some farms at least, of the seasonal labourers hired to harvest field crops in southwestern Ontario. Heavy media coverage erupted almost immediately, and there was renewed coverage in the autumn of 1974.2 Much less sensationally, through the spring and summer of 1974, the media gave coverage to special efforts by the government at both the Federal and …
The Agricultural Labourer In Canada: A Legal Point Of View, Kathryn Neilson, Innis Christie
The Agricultural Labourer In Canada: A Legal Point Of View, Kathryn Neilson, Innis Christie
Dalhousie Law Journal
The public has recently been made aware of special difficulties affecting farm labour. In August, 1973 the Report of a Federal Department of Agriculture team entitled "The Seasonal Farm Labour Situation in Southwestern Ontario" ' emphasized the deplorable living and working conditions, on some farms at least, of the seasonal labourers hired to harvest field crops in southwestern Ontario. Heavy media coverage erupted almost immediately, and there was renewed coverage in the autumn of 1974.2 Much less sensationally, through the spring and summer of 1974, the media gave coverage to special efforts by the government at both the Federal and …
Pensions: A Primer For Lawyers, Joel Fichaud
Pensions: A Primer For Lawyers, Joel Fichaud
Dalhousie Law Journal
This paper has two objectives: first to describe the elements of a pension plan and, secondly, to illustrate the disproportion between the employee's stake in a pension and his control over the pension plan. The paper is concerned only with private pension plans, which covered over one-third of the Canadian work force in 1970.1 It must be borne in mind, however, that many pensioned employees, for example, seventy percent in Nova Scotia, belong to public plans. Ontario, Alberta, Quebec, Saskatchewan and the Dominion have enacted minimum standards for private pension plans. As the statutes are substantially identical, this paper refers …
International Treaty Law And The Domestic Law Of Canada, R. St. J. Macdonald
International Treaty Law And The Domestic Law Of Canada, R. St. J. Macdonald
Dalhousie Law Journal
In this paper I propose to explore the relationship between treaty law and domestic law in Canada. I will start with the familiar theory of the relationship between treaties and domestic law in England and in Canada and then move to less familiar areas of Canadian practice. An attempt will be made to investigate the rather murky area surrounding interdepartmental arrangements between Canada and sovereign states which are less than treaties but which do affect domestic law. I will attempt to raise, if not to answer, preliminary questions about the effectiveness of these procedures, the safeguards inherent in them, and …
The Energy Crisis And The Emergency Power In Canada, Herbert Marx
The Energy Crisis And The Emergency Power In Canada, Herbert Marx
Dalhousie Law Journal
The Energy Supplies Emergency Act passed on January 11, 1974 does not have a preamble. However, it would seem that the long title of the Act incorporates in resum6 fashion what a preamble would normally contain. The raison d'tre of the Act is set out in the title which is as follows: "An Act to provide a means to conserve the supplies of petroleum products within Canada during periods of national emergency caused by shortages or market disturbances affecting the national security and welfare and the economic stability of Canada. . ." The Act was adopted after the 1973 Yom …
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Dalhousie Law Journal
Law reform is everywhere in Canada. On all sides substantial changes in diverse areas of the law are constantly being proposed by government organizations whose only purpose is to make such proposals. The reforms mooted by these bodies (these reforms are typically described as "long overdue") are generally welcomed as correcting deficiencies in law and as signalling the legal system's responsiveness to changing social and other standards. Is the law reform pace, if not furious, too fast? What is the most appropriate forum for initiating change in law? Such questions seem reasonable enough, and yet a traditionalist might well argue …
Le Fondement Constitutionnel Du Pouvoir De Contrble Judiciaire Exercé Par La Cour Fedrale Du Canada, Nicole Vallieres, Denis Lemieux
Le Fondement Constitutionnel Du Pouvoir De Contrble Judiciaire Exercé Par La Cour Fedrale Du Canada, Nicole Vallieres, Denis Lemieux
Dalhousie Law Journal
La Loi sur la Courf &rale op~re un transfert considerable de juridiction du pouvoir de contr6le judiciaire sur l'administration f~d~rale. Depuis 1970, ce pouvoir est exerc6 par une cour de justice statutaire it laquelle le Parlement f6d6ral a donn6 le statut de cour sup~rieure. Plut6t que de confirmer les cours superieures provinciales, cautionn6es par la Cour supreme en 1969, dans ce pouvoir inh6rent it la rule of law, le Parlement a choisi de crier une nouvelle cour i comp6tence exclusive. Certains juristes4 ont toutefois soulev6 des doutes sur la constitutionnalit6 d'un tel transfert. Us y voient une atteinte it la …
The Legal Point Of View, L. C. Green
The Legal Point Of View, L. C. Green
Dalhousie Law Journal
What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Dalhousie Law Journal
Law reform is everywhere in Canada. On all sides substantial changes in diverse areas of the law are constantly being proposed by government organizations whose only purpose is to make such proposals. The reforms mooted by these bodies (these reforms are typically described as "long overdue") are generally welcomed as correcting deficiencies in law and as signalling the legal system's responsiveness to changing social and other standards. Is the law reform pace, if not furious, too fast? What is the most appropriate forum for initiating change in law? Such questions seem reasonable enough, and yet a traditionalist might well argue …
Pensions: A Primer For Lawyers, Joel Fichaud
Pensions: A Primer For Lawyers, Joel Fichaud
Dalhousie Law Journal
This paper has two objectives: first to describe the elements of a pension plan and, secondly, to illustrate the disproportion between the employee's stake in a pension and his control over the pension plan. The paper is concerned only with private pension plans, which covered over one-third of the Canadian work force in 1970.1 It must be borne in mind, however, that many pensioned employees, for example, seventy percent in Nova Scotia, belong to public plans. Ontario, Alberta, Quebec, Saskatchewan and the Dominion have enacted minimum standards for private pension plans. As the statutes are substantially identical, this paper refers …
Law Reform: A Saskatchewan Viewpoint, Brian A. Grosman
Law Reform: A Saskatchewan Viewpoint, Brian A. Grosman
Dalhousie Law Journal
The term "law reform" has a positive connotation. It indicates that those engaged in the process are at least optimistic to the extent that law can indeed be reformed and not merely changed. A variety of legislative shapes and administrative forms of law reform agencies has been created in this country over the last ten years. The objectives of law reform have been widely discussed in law review articles and in the daily press. There emerges a sense that reforming the law by way of a permanent law reform commission is a viable endeavour. Yet there is some difference of …
International Treaty Law And The Domestic Law Of Canada, R. St. J. Macdonald
International Treaty Law And The Domestic Law Of Canada, R. St. J. Macdonald
Dalhousie Law Journal
In this paper I propose to explore the relationship between treaty law and domestic law in Canada. I will start with the familiar theory of the relationship between treaties and domestic law in England and in Canada and then move to less familiar areas of Canadian practice. An attempt will be made to investigate the rather murky area surrounding interdepartmental arrangements between Canada and sovereign states which are less than treaties but which do affect domestic law. I will attempt to raise, if not to answer, preliminary questions about the effectiveness of these procedures, the safeguards inherent in them, and …
Habeas Corpus In Canada, Robert J. Sharpe
Habeas Corpus In Canada, Robert J. Sharpe
Dalhousie Law Journal
Habeas corpus is a subject which has not attracted much attention from legal writers and there has been no thorough examimation of the nature of review which may be exercised on habeas corpus.1 The aim of this article is to provide a critical and comprehensive account of the scope of review which is available on habeas corpus in Canada. The subject is a technical one but may be of crucial importance in those situations where habeas corpus is still a useful remedy. It is not proposed to discuss all aspects of the law of habeas corpus but simply to outline …
Le Fondement Constitutionnel Du Pouvoir De Contrble Judiciaire Exercé Par La Cour Fedrale Du Canada, Nicole Vallieres, Denis Lemieux
Le Fondement Constitutionnel Du Pouvoir De Contrble Judiciaire Exercé Par La Cour Fedrale Du Canada, Nicole Vallieres, Denis Lemieux
Dalhousie Law Journal
La Loi sur la Courf &rale op~re un transfert considerable de juridiction du pouvoir de contr6le judiciaire sur l'administration f~d~rale. Depuis 1970, ce pouvoir est exerc6 par une cour de justice statutaire it laquelle le Parlement f6d6ral a donn6 le statut de cour sup~rieure. Plut6t que de confirmer les cours superieures provinciales, cautionn6es par la Cour supreme en 1969, dans ce pouvoir inh6rent it la rule of law, le Parlement a choisi de crier une nouvelle cour i comp6tence exclusive. Certains juristes4 ont toutefois soulev6 des doutes sur la constitutionnalit6 d'un tel transfert. Us y voient une atteinte it la …
The Manitoba Law Reform Commission: A Critical Evaluation, Paul Thomas
The Manitoba Law Reform Commission: A Critical Evaluation, Paul Thomas
Dalhousie Law Journal
The Manitoba Law Reform Commission began work in November, 1970. Its Third Annual Report, signed on April 1st, 1974, indicates that the Commission has submitted fifteen formal reports to the Attorney-General for Manitoba. The recommendations contained in seven of these reports have been implemented by legislation. In the case of two other reports, a change in the law was not recommended and no change was made. The Commission has also made twelve informal reports by way of letter to the Attorney-General. The recommendations contained in four of the informal reports have been implemented by legislation. 5 In the case of …
Obscenity, Pornography And Law Reform, Ian A. Hunter
Obscenity, Pornography And Law Reform, Ian A. Hunter
Dalhousie Law Journal
This note is concerned only with obscenity and pornography in written or pictorial form, that is, books and magazines. To some extent, different considerations apply to television, theatre and motion pictures. The first section deals with the origin and development of the concept of obscenity; the second section attempts to articulate some differences between obscenity and pornography, and the reasons for greater concern about the latter; finally, a proposal for law reform is made. One of the greatest obstacles to discussion of obscenity and pornography is definitional imprecision: people seldom agree on what the terms mean. If one cannot define …
The Dalhousie Legal Aid Service, Harvey Savage
The Dalhousie Legal Aid Service, Harvey Savage
Dalhousie Law Journal
In a seminal article on the feasibility of a 'Clinical Lawyer-School', Jerome Frank identified the kind of discontent that has since spawned clinical law programs in law schools. Ostensibly, the students were to study cases. But they did not and they do not study cases. They do not even study the printed records of cases (although that would be little enough), let alone cases as living processes. Their attention is restricted to judicial opinions. But an opinion is not a decision. A decision is a specific judgement, or order or decree entered after a trial of a specific law-suit between …
The Early Teaching Of Law In French Canada, Leon Lortie
The Early Teaching Of Law In French Canada, Leon Lortie
Dalhousie Law Journal
Although the Faculty of Law at the University of Montreal can be linked to the law school established by Maximilien Bibaud in 1851, Bibaud was not the first public teacher of law in French Canada. His predecessor deserves to be remembered because of the peculiar circumstances with which he had to cope.
Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon
Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon
Dalhousie Law Journal
In their Introduction to this massive collocation of almost forty essays comprising nearly a thousand pages, the editors advance a series of claims and outline a number of themes which may serve as useful points of departure for considering the contribution of this volume to scholarship in the area of international law and organization. Perceiving the book as providing "for the first time a comprehensive Canadian conspectus on current issues and developments in international law", they state the goal of their endeavour to be "the sketching of a modem Canadian world view." Through emphasis placed by the contributors on issues …
The Legal Point Of View, L. C. Green
The Legal Point Of View, L. C. Green
Dalhousie Law Journal
What is Law? By what criteria do we recognize valid law? These questions have exercised the minds of distinguished jurisprudential thinkers of the past. Every solution that has been propounded, whether in terms of natural law theory, command models, norm or rule models, seems to have been defective in one way or another. The main thesis of this book is that every attempt to find some "essence of law" - whether in terms of commands, rules or whatever - is bound to fail. The reason given is that there is not one and only one "true" conception of law. There …
Habeas Corpus In Canada, Robert J. Sharpe
Habeas Corpus In Canada, Robert J. Sharpe
Dalhousie Law Journal
Habeas corpus is a subject which has not attracted much attention from legal writers and there has been no thorough examimation of the nature of review which may be exercised on habeas corpus.1 The aim of this article is to provide a critical and comprehensive account of the scope of review which is available on habeas corpus in Canada. The subject is a technical one but may be of crucial importance in those situations where habeas corpus is still a useful remedy. It is not proposed to discuss all aspects of the law of habeas corpus but simply to outline …
The Manitoba Law Reform Commission: A Critical Evaluation, Paul Thomas
The Manitoba Law Reform Commission: A Critical Evaluation, Paul Thomas
Dalhousie Law Journal
The Manitoba Law Reform Commission began work in November, 1970. Its Third Annual Report, signed on April 1st, 1974, indicates that the Commission has submitted fifteen formal reports to the Attorney-General for Manitoba. The recommendations contained in seven of these reports have been implemented by legislation. In the case of two other reports, a change in the law was not recommended and no change was made. The Commission has also made twelve informal reports by way of letter to the Attorney-General. The recommendations contained in four of the informal reports have been implemented by legislation. 5 In the case of …
The Energy Crisis And The Emergency Power In Canada, Herbert Marx
The Energy Crisis And The Emergency Power In Canada, Herbert Marx
Dalhousie Law Journal
The Energy Supplies Emergency Act passed on January 11, 1974 does not have a preamble. However, it would seem that the long title of the Act incorporates in resum6 fashion what a preamble would normally contain. The raison d'tre of the Act is set out in the title which is as follows: "An Act to provide a means to conserve the supplies of petroleum products within Canada during periods of national emergency caused by shortages or market disturbances affecting the national security and welfare and the economic stability of Canada. . ." The Act was adopted after the 1973 Yom …
Law Reform: A Saskatchewan Viewpoint, Brian A. Grosman
Law Reform: A Saskatchewan Viewpoint, Brian A. Grosman
Dalhousie Law Journal
The term "law reform" has a positive connotation. It indicates that those engaged in the process are at least optimistic to the extent that law can indeed be reformed and not merely changed. A variety of legislative shapes and administrative forms of law reform agencies has been created in this country over the last ten years. The objectives of law reform have been widely discussed in law review articles and in the daily press. There emerges a sense that reforming the law by way of a permanent law reform commission is a viable endeavour. Yet there is some difference of …
Obscenity, Pornography And Law Reform, Ian A. Hunter
Obscenity, Pornography And Law Reform, Ian A. Hunter
Dalhousie Law Journal
This note is concerned only with obscenity and pornography in written or pictorial form, that is, books and magazines. To some extent, different considerations apply to television, theatre and motion pictures. The first section deals with the origin and development of the concept of obscenity; the second section attempts to articulate some differences between obscenity and pornography, and the reasons for greater concern about the latter; finally, a proposal for law reform is made. One of the greatest obstacles to discussion of obscenity and pornography is definitional imprecision: people seldom agree on what the terms mean. If one cannot define …
The Dalhousie Legal Aid Service, Harvey Savage
The Dalhousie Legal Aid Service, Harvey Savage
Dalhousie Law Journal
In a seminal article on the feasibility of a 'Clinical Lawyer-School', Jerome Frank identified the kind of discontent that has since spawned clinical law programs in law schools. Ostensibly, the students were to study cases. But they did not and they do not study cases. They do not even study the printed records of cases (although that would be little enough), let alone cases as living processes. Their attention is restricted to judicial opinions. But an opinion is not a decision. A decision is a specific judgement, or order or decree entered after a trial of a specific law-suit between …
The Early Teaching Of Law In French Canada, Leon Lortie
The Early Teaching Of Law In French Canada, Leon Lortie
Dalhousie Law Journal
Although the Faculty of Law at the University of Montreal can be linked to the law school established by Maximilien Bibaud in 1851, Bibaud was not the first public teacher of law in French Canada. His predecessor deserves to be remembered because of the peculiar circumstances with which he had to cope.
Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon
Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon
Dalhousie Law Journal
In their Introduction to this massive collocation of almost forty essays comprising nearly a thousand pages, the editors advance a series of claims and outline a number of themes which may serve as useful points of departure for considering the contribution of this volume to scholarship in the area of international law and organization. Perceiving the book as providing "for the first time a comprehensive Canadian conspectus on current issues and developments in international law", they state the goal of their endeavour to be "the sketching of a modem Canadian world view." Through emphasis placed by the contributors on issues …
The Nova Scotia Ombudsman, T. J. Mcbride
The Nova Scotia Ombudsman, T. J. Mcbride
Dalhousie Law Journal
Along with the dramatic rise of the welfare state, a concept of government generally accepted by most Canadians if not enthusiastically supported, has come a realization that the opportunities for individual grievances against government have multiplied. Each year ".... thousands of administrative decisions are made, many of them by minor officials, which affect the lives of every citizen. If some of these decisions are arbitrary or unjustified, there is no easy way for the ordinary citizen to gain redress" .' Rather belatedly, many governments have recognized that the existing machinery to protect the citizen against unfair administrative action is inadequate …
The Nova Scotia Law Reform Advisory Commission: An Early Appraisal, Loane Skene
The Nova Scotia Law Reform Advisory Commission: An Early Appraisal, Loane Skene
Dalhousie Law Journal
The Nova Scotia Law Reform Advisory Commission has now been in existence for two and a half years, having been established by the Law Reform Act 19691 and constituted by an Order of the Governor in Council on January 25, 1972. As the members of the Commission are appointed for a period of two years, the term of appointment of the first members of the Commission expired on January 25 this year, but new members were not in fact appointed until June 25 this year. From February to June, the Commission was more or less in limbo. In view of …