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1998

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Dalhousie Law Journal

Articles 1 - 4 of 4

Full-Text Articles in Law

The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke Oct 1998

The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke

Dalhousie Law Journal

This article examines a series of cases launched in the Nova Scotia courts following the Cumberland Rebellion of 1776. In these cases loyalists sued former rebels, including those granted amnesty by the authorities, for losses sustained during the rebellion. The article traces the history of the cases and places them in the context of post-rebellion government policy. It argues that such proceedings were without precedent and effectively took the place of official schemes of expropriation of rebel land and compensation to loyalists. It also suggests that the use of civil courts in this way prolonged and exacerbated the social and ...


Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English Oct 1998

Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English

Dalhousie Law Journal

In September 1788 a court found 114 men guilty of riotous assembly in the district of Ferryland the previous winter. This event is remarkable for the number involved (45% of the adult male population of the district); for the number of charges (21% of all civil and criminal actions heard in the district's courts over the next 25 years); for the absence of damage to property; and for the severity of the sentences, which included loss of wages, flogging, transportation and banishment. These proceedings occurred in a community where *the majority (Irish planters, fishermen and apprentices) were socially distinct ...


Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins Apr 1998

Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins

Dalhousie Law Journal

Expertise, bias and delay arguments are shifting the focus of judicial review from the legality of administrative decisions to the reputation of administrative decision- makers. These grounds measure the skill, objectivity and efficiency characteristics that define administrators' reputations. They make it possible for courts to consider these reputations, even if only by way of unarticulated judicial notice, when deciding judicial review applications. After setting out the theory of expertise, bias and delay implicit in recent Supreme Court of Canada decisions, the author concludes that courts must use less impressionistic measures in judging these concepts, lawyers must present more concrete reputational ...


No Dichotomies: Reflections On Equality For African Canadians In R. V. R.D.S., April Burney Apr 1998

No Dichotomies: Reflections On Equality For African Canadians In R. V. R.D.S., April Burney

Dalhousie Law Journal

The contrasts, in form and substance, were stark. In form, I was a black woman in a wheelchair, pleading before an all-white, able-bodied and almost all-male Supreme Court of Canada. The usually empty public galleries in the Ottawa courtroom were filled with people of colour, who had come from across the country to witness the hearing of this landmark case. On their entrance, the nine white judges, dressed in their staid, black robes made an almost audible gasp as they were met with this colourfully clad, intently silent band of people of colour.