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Articles 1 - 30 of 91
Full-Text Articles in Law
From Law To Legal Studies And Beyond: 50 Years Of Law And Legal Studies At Carleton University, Vincent Kazmierski, Darren Pacione
From Law To Legal Studies And Beyond: 50 Years Of Law And Legal Studies At Carleton University, Vincent Kazmierski, Darren Pacione
Dalhousie Law Journal
This paper considers the evolution of Carleton University's Department of Law and Legal Studies and its approach to the study of law and the legal within the context of the continuing growth of legal studies programs across the country. It starts by outlining the historical development of the Department and the evolution of its perspective of its role and purpose. Part II examines a number of aspects of the architecture of fourteen undergraduate legal studies programs across the country and the ways in which the roles of these programs are described. Part III provides a brief outline of the current …
The Story Of Law Reform In Nova Scotia: A Perilous Enterprise, Bill Charles
The Story Of Law Reform In Nova Scotia: A Perilous Enterprise, Bill Charles
Dalhousie Law Journal
The basic or overarching question addressed by the author is why institutional law reform in Nova Scotia has experienced such operational difficulties and challenges, particularly in relation to funding, to the point where it can be described as a perilous enterprise. In the process of searching for an answer to this question, the author examines the origins and development of organized law reform in Nova Scotia over the last 65 years, with special attention paid to the experience of Nova Scotia's two statutory commissions. As a backdrop to the discussion, the author examines the complicated process of law reform itself …
On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge
On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge
Dalhousie Law Journal
Grace Wambolt was the fifth female graduate of Dalhousie Law School and the second woman to practise law in Nova Scotia. She was one of the relatively few female lawyers in Canada (up to the influx of the nineteen-seventies) who practiced law following the push by the first female lawyers for the elimination of formal barriers to practice. This paper examines the similarities and differences between the "firsts" and those who followed them, primarily by looking at the life of Wambolt and her letters and speeches preserved in the Wambolt fonds located in the Nova Scotia Archives and donated by …
The Doctrine Of Lost Modern Grant And Prescriptive Easements In Newfoundland, Greg French
The Doctrine Of Lost Modern Grant And Prescriptive Easements In Newfoundland, Greg French
Dalhousie Law Journal
This article examines the history and development of prescriptive easements in Newfoundland and Labrador and the legal standards required to find such an easement to exist. The article concludes that the appropriate inquiry is not merely an examination of the length of use, but also the nature and extent of use, and that rigid application of timelines should not apply.
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 …
Canadian Constitutional Identities, Eric M. Adams
Canadian Constitutional Identities, Eric M. Adams
Dalhousie Law Journal
Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …
The Discovery And Assimilation Of British Constitutional Law Principles In Quebec, 1764-1774, Michel Morin
The Discovery And Assimilation Of British Constitutional Law Principles In Quebec, 1764-1774, Michel Morin
Dalhousie Law Journal
This paper examines information available to Francophone persons regarding their rights as British subjects prior to the adoption of the Quebec Act of 1774, as well as the use they made of these concepts. The bilingual Quebec Gazette reported on legal developments in France, England, and the American colonies, including challenges to the traditional vision of governmental authority. It discussed the right to be taxed by elected representatives and the conflicts between the metropolis and the colonies. Debates about these issues are thought to have appeared in Quebec only after the beginning of the American Revolution, but they circulated earlier …
The Impeachment Of The Judges Of The Nova Scotia Supreme Court, 1787-1793: Colonial Judges, Loyalist Lawyers, And The Colonial Assembly, Jim Phillips
Dalhousie Law Journal
In 1790 the Nova Scotia House of Assembly passed seven "articles of impeachment" against two ofthe colony's Supreme Courtjudges, the firstattempt bya British North American assembly to remove superior courtjudges. Although the impeachment failed when the British government rejected the charges, it is noteworthy nonetheless. The product of a dispute between newly arrived loyalist lawyers and a local elite of "old inhabitants, " it was at one and the same time a political struggle between the Assembly and the executive branch, and one that involved concerns about judicial competence. The impeachment crisis also demonstrates the close links between the judiciary …
No Longer "Naked And Shivering Outside Her Gates": Establishing Law As A Full-Time On-Campus Academic Discipline At Mcgill University Inthe Nineteenth Century, A J. Hobbins
Dalhousie Law Journal
Although Canada was a single province (1763-1791), subsequently divided into Upper and Lower Canada, legal education developed very differently in the two components. The Law Society of Upper Canada controlled legal education in Ontario until the second half of the twentieth century, while in Quebec, where the legal system was based on both civil and common law, university-based legal education began in the first half of the nineteenth century. This study examines how legal education developed at McGill University, moving from part-time teaching by professionals off-campus to an on-campus faculty taught by full-time academics by the end of the century …
"No Sinecure": William Young As Attorney General Of Nova Scotia, 1854-1857, William H. Laurence
"No Sinecure": William Young As Attorney General Of Nova Scotia, 1854-1857, William H. Laurence
Dalhousie Law Journal
Focusing on the tenure (1854-1857) of William Young, this article examines the legal work of nineteenth-century Nova Scotian attorneys general. Although he served without the benefit of an established justice department, Young fulfilled a wide range of duties and completed an impressive volume of work, which required knowledge of both public and private law, and which demanded advocacy advisory, solicitorial, and legislative drafting skills. This article argues that though Young's performance as a Crown prosecutor received the most public attention, his accomplishments outside the criminal courtroom, especially those relating to the administration ofjustice and legislative development, had the most significant …
Long Overdue: A Reappraisal Of Section 121 Of The Constitution Act, 1867, Ian A. Blue
Long Overdue: A Reappraisal Of Section 121 Of The Constitution Act, 1867, Ian A. Blue
Dalhousie Law Journal
This article offers a new interpretation of s. 121 of the Constitution Act, 1867. The author re-evaluates the traditional interpretation of s. 121, found in Gold Seal Limited v. The Attorney General of the Province of Alberta. That interpretation limited the application of s. 121 to prohibiting interprovincial "customs duties" but nothing else. The author analyzes s. 121 using a purposive approach. After reviewing the provision's wording, legislative history, legislative context and its place within the scheme of the Act, the article concludes that a purposive and progressive interpretation leads to a more robust role for s. 121. Thus interpreted, …
Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill
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
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 …
Greg Taylor, The Law Of The Land: The Advent Of The Torrens System In Canada, Ca Mark Coffin
Greg Taylor, The Law Of The Land: The Advent Of The Torrens System In Canada, Ca Mark Coffin
Dalhousie Law Journal
In the fall of 1980 Charles W. MacIntosh, Q.C., then the head of the Land Registration and Information Service (L.R.I.S.), a federally funded initiative of the Council of Maritime Premiers, delivered a lecture to first year students at Dalhousie Law School. He announced with justifiable pride that Nova Scotia had enacted the Land Titles Act' and that the province would be moving to a Torrens system of title registration. The time for throwing off the centuries-old system ofdeeds registration, where the government provided a passive repository for title documents, was nigh! Nova Scotia would come to enjoy the benefits of …
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 …
Cravath By The Sea: Recruitment In The Large Halifax Law Firm, 1900-1955, Jeffrey Haylock
Cravath By The Sea: Recruitment In The Large Halifax Law Firm, 1900-1955, Jeffrey Haylock
Dalhousie Law Journal
The traditional view is that regularized, meritocratic hiring in Canadian law firms had to wait until the 1960s, with the rise in importance of Ontario university law schools. There was, however, more regional variation than this view allows. After an overview of the rise of large firms in the U.S. and Canada, and of the modern hiring strategies (the "Cravath system") that developed in New York in the early twentieth century, the author considers whether Halifax firms were employing these strategies between 1900 and 1955. Nepotistic hiring continued unabated; however, the three large firms of the period recruited young students …
C. English, Ed., Essays In The History Of Canadian Law, Volume Ix: Two Islands: Newfoundland And Prince Edward Island, R Blake Brown
C. English, Ed., Essays In The History Of Canadian Law, Volume Ix: Two Islands: Newfoundland And Prince Edward Island, R Blake Brown
Dalhousie Law Journal
The Osgoode Society for Canadian Legal History has played a vital role in encouraging legal history research in Canada, and one of its most important programs has been the Essays in the History of Canadian Law series. Canada lacks a legal history journal, but since 1981 the Osgoode Society has provided an opportunity for scholars to publish their work in one of its collections. Two Islands is the ninth such edited volume by the Osgoode Society that bears the title Essays in the History of Canadian Law. The first two volumes, published in 1981 and 1983, were general collections containing …
Acouple Of Generations Ahead Of Popular Demand': The First National Law Program At Mcgill University, 1918-1924, John Hobbins
Acouple Of Generations Ahead Of Popular Demand': The First National Law Program At Mcgill University, 1918-1924, John Hobbins
Dalhousie Law Journal
Following the First World War, Dean Robert Warden Lee introduced some radical changes to the curriculum at the McGill Law Faculty Three-year courses were instituted leading to either a civil law degree or a common law degree, and a four-year course in which both degrees could be obtained. The program was extremely controversial, running into opposition within the part-time faculty the Montreal legal community and the bar societies of several provinces. Difficulties in obtaining professional accreditation for the common law graduates led to a decline in enrollment, and the common law option was discontinued in 1926. Lee's vision of a …
Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell
Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell
Dalhousie Law Journal
In 1835, Joseph Howe was prosecuted for criminal libel after an attack on the Halifax magistracy appeared in his newspaper I argue that Howe's acquittal flowed from a combination of factors. Howe's newspaper was a reformist, but not radical, voice at a time when criticism of government was becoming legitimate and newspapers were becoming increasingly vociferous, despite uncertainty about how daring they could be. Howe was popular, and the magistrates and prosecution were not. Most remarkably, however, Howe used Starkies 1830 libel treatise to construct a novel defence-qualified privilege-which had considerable exculpatory potential. The judge declined to put it to …
Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri
Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri
Dalhousie Law Journal
Dual class shares have been used by Canadian corporations to access public capital markets for the past sixty years. The debates surrounding the regulation of dual class shares have been reenergized. The authors of this article argue that only by looking to the legitimating role of nationalist policy, legislation and discourse in the historical development of dual class share structures can we derive context to the current debates surrounding the regulation of dual class shares and obtain a fuller understanding of the contemporary issues theypresent. Based on an analysis of the use of dual class shares as a financing technique …
The One That Got Away: Fishery Reserves In Prince Edward Island, Rusty Bittermann, Margaret E. Mccallum
The One That Got Away: Fishery Reserves In Prince Edward Island, Rusty Bittermann, Margaret E. Mccallum
Dalhousie Law Journal
In 1767, the British government divided Prince Edward Island into sixty-seven townships of about 20,000 acres each, and allocated all but one of these to about one hundred people who had some claim on the Crown's munificence. Subsequently, Island governments complained of their disadvantaged state in comparison with other British North American colonies, which could raise revenue by selling rights to Crown land and resources. Their complaints, although not totally unjustified, did not acknowledge the extensive and valuable lands which the Crown retained as fishery reserves. Most of the township grants reserved rights to the first 500 feet of land …
The Dartmouth Schools Question And The Supreme Court Of Nova Scotia, Robert Nicholas Bérard
The Dartmouth Schools Question And The Supreme Court Of Nova Scotia, Robert Nicholas Bérard
Dalhousie Law Journal
Scholars have often demonstrated that courts in Canada have long been responsive to the political, social, cultural and economic contexts in which they operate. An illustration of the ways in which the Supreme Court of Nova Scotia embodied this role can be found in the Court's handling of a dispute between the Town of Dartmouth and the Roman Catholic Episcopal Corporation of Halifax, often referred to as the "Dartmouth Schools Question" in 1939 and 1940 The case concerned the attempt of the Town of Dartmouth, alone among municipalities in Nova Scotia, to collect local taxes on property used for Catholic …
Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams
Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams
Dalhousie Law Journal
History occupies a central place in aboriginal rights litigation. As a result, the circumstances and characters of the distant past play crucial roles in the adjudication of aboriginal treaty, rights and title claims. One such character is Jonathan Belcher. the first chief justice and former lieutenant governor of Nova Scotia. In 1762, Belcher issued a Proclamation reserving the north-eastern coast of Nova Scotia (and what Is now the eastern coast of New Brunswick) for the Mi'kmaq. In R. v Bernard, the accused pleaded a right to log timber on Crown land on the basis of Belcher's Proclamation. This article argues …
Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk
Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk
Dalhousie Law Journal
During the 1930s. scholars in the Canadian common law schools introduced fundamental changes in ways of thinking about law, changes that made one of them. John Willis, say 'the world was turned upside down." These scholars rejected the past, especially the English legal thought of the late nineteenth century Instead, they were influenced by changes in the United States, which began early in the century, and by the emerging regulatory and welfare state. In private law subjects, Caesar Wright was central, using American ideas to challenge the dominant English authority, especially in his writing about torts. In public law subjects, …
Designating The Dean Of Law: Legal Education At Mcgill University And The Montreal Corporate And Professional Elite, 1946-1950., A J. Hobbins
Dalhousie Law Journal
The nature of legal education has been the subject of an ongoing debate in all Canadian jurisdictions. A central theme of this debate for much of the twentieth century was whether legal education should be restricted to training for the local Bar as opposed to studying law as an academic discipline in addition to such professional training A decanal vacancy at McGill University brought this question to the fore in 1946 when the anglophone members of the Montreal Bar exerted a great deal of influence on the selection process. The matter was complicated by the opposition of the corporate elite …
Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin
Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin
Dalhousie Law Journal
This article examines the existing and proposed occupational health and safety regulatory regimes for oil and gas operations offshore Nova Scotia and Newfoundland and Labrador The article provides historical context for both the existing and the proposed regimes. Two specific areas of concern are analysed: the right to refuse work and directors' and officers' liability. For each issue, the author offers observations on the potential impacts that the implementation of proposed legislation will have on offshore oil and gas operations in these jurisdictions
Australasian Law And Canadian Statutes In The Nineteenth Century: A Study Of The Movement Of Colonial Legislation Between Jurisdictions, Jeremy Finn
Dalhousie Law Journal
This paper considers the use between 1850 and 1900 by Anglo-Canadian legislatures of legislative precedents from the Australian and New Zealand colonies and argues that while a wide range of Australasian laws were considered by Canadian legislators, the most significant Australasian influences are to be found in mining law, electoral and constitutional law and land law The paper goes on to explore, by use of archival, parliamentary and published materials, the processes by which Canadian legislators acquired their knowledge of these Australasian initiatives. While governmental and institutional channels (including the Colonial Office) played a significant part in the transmission of …
Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters
Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters
Dalhousie Law Journal
The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about the interpretation of Crown-Aboriginal treaties, especially treaties dating from the eighteenth century. The Court acknowledged that the treaty context is important to establishing the meaning of treaty texts, and Aboriginal and non-Aboriginal perspectives must be considered. As a result, judges must have regard to historical analyses of Crown-Aboriginal relations when interpreting these old treaties. In this article, the author explores some of the complex theoretical problems that such legal-historical analyses create, focusing in particular upon the possibility that lawyers and judges may reach …
Are Royalty Agreements Required For Canada East Coast Offshore Oil And Gas?, Alan T. Pettie
Are Royalty Agreements Required For Canada East Coast Offshore Oil And Gas?, Alan T. Pettie
Dalhousie Law Journal
This article examines the royalty regime in the area offshore the two oil and gas producing provinces on the east coast of Canada. A review of the historical background of the legislative framework is provided. The right to levy royalties on the production of oil and gas is reviewed. The legislative provisions relating to the execution of royalty agreements and the introduction of generic royalty regulations are examined. The article describes specific fiscal and commercial terms which are not included in the current Nova Scotia generic royalty regime and might not be included in the generic regime which might be …
Property Ownership By Married Women In Victorian Ontario, Susan Ingram, Kris Inwood
Property Ownership By Married Women In Victorian Ontario, Susan Ingram, Kris Inwood
Dalhousie Law Journal
This paper reports patterns of property holding by women and men in late nineteenth-century Ontario. We focus on the town of Guelph immediately before and after legislation in 1872 and 1884 which permitted married women to hold property in their own name. The female-held share of all property and the female share of all owners in the town increased sharply. The gains were made by married women, and even more strongly by single women and widows. However, there was little or no shift of property in nearby rural townships. We argue that an induced change in inheritance practice amplified the …