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Full-Text Articles in Legal History
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 …
Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy
Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy
Dalhousie Law Journal
Prior to the Supreme Court of Canada's decision in Tolofson v. Jensen limitations statutes were characterized, prima facie, as procedural for purposes of Canadian private international law. The principal authority for this characterization was the 1835 case of Huber v. Steiner in which an action was brought on a promissory note made in France in 1813 and payable in 1817. The defendant argued that the French Code de commerce applied and that the right of action was extinguished by the provision that "all actions ... prescribe themselves by five years reckoning from the day of protest ..... Tindal C.J. recognized …
The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman
The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman
Dalhousie Law Journal
They were not to become an "object of jealously" according to the British and French in 1783. True to this admonition, the French islands of St. Pierre and Miquelon have remained as the uncontested footnotes to France's colonial presence in North America. However, the ocean area and resources adjacent to the French islands became the object of intense jealously, being the centre of a thorny, 25 year international dispute between Canada and France.