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Full-Text Articles in Law
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
Dalhousie Law Journal
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
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, …
Lawyering At The Intersection Of Public Law And Legal Ethics: Government Lawyers As Custodians Of The Rule Of Law, Adam M. Dodek
Lawyering At The Intersection Of Public Law And Legal Ethics: Government Lawyers As Custodians Of The Rule Of Law, Adam M. Dodek
Dalhousie Law Journal
Government lawyers are significant actors in the Canadian legal profession, yet they are largely ignored by regulators and by academic scholarship. The dominant view of lawyering fails to adequately capture the unique role of government lawyers. Government lawyers are different from other lawyers by virtue of their role in creating and upholding the rule of law Most accounts of government lawyers separate public law duties of government from ethical duties of lawyers; for example, acknowledging the "public interest" role ofgovernment lawyers but asserting that this has no impact on their ethical duties as lawyers. Instead of this compartmentalized approach, this …
Mediation In Environmental Assessments In Canada: Unfulfilled Promise?, Meinhard Doelle, A John Sinclair
Mediation In Environmental Assessments In Canada: Unfulfilled Promise?, Meinhard Doelle, A John Sinclair
Dalhousie Law Journal
The federal environmental assessment (EA) process and most. provincial EA processes in Canada either specifically provide for mediation as an option or implicitly allow for it. Inspite of this, the actual use of mediation and other forms of alternative dispute resolution (ADR) has been almost non-existent in Canadian EA. There is an emerging view, however that mediation could be applied usefully at points of the process when there is conflict among the parties. Such adjustments in process would signal the need for approval agencies -andproponents to give serious consideration to more collaborative techniques of participation. The objective of this article …
Clarifying Causation In Tort, Erik S. Knutsen
Clarifying Causation In Tort, Erik S. Knutsen
Dalhousie Law Journal
This article argues that there is nothing overly confusing about the law ofcausation in negligence. It attempts to define the current state of causation in Canadian negligence law with a simple goal in mind: to have a clearer more productive conversation about the law with the fundamental concepts clearly on the table. The author argues that while the leading decisions on causation are often couched in broad-based, universal terminology to refrain from inhibiting conceptual portability,the cases can be read as a sustained continuum of conversations about causation. A cohesive framework for the law is offered by taking a longitudinal perspective …
(Re) Constructing Judicial Ethics In Canada, Richard Devlin Frsc
(Re) Constructing Judicial Ethics In Canada, Richard Devlin Frsc
Articles, Book Chapters, & Popular Press
Any discussion of judicial ethics and accountability -- whether it is at the state, national, or international level-inevitably requires engagement with two key ideals: impartiality and independence. Ideals are important because they can provide a trajectory for human action. But ideals can also be a problem because their generality and abstraction can cause one to prevaricate -- or even pontificate -- when it comes to the immediate and the pragmatic Indeed, there are times when ideals such as impartiality and independence can become false gods insofar as they promise salvation but ultimately, deliver little. Consequently, when one is asked to …
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu
Articles, Book Chapters, & Popular Press
Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie
Articles, Book Chapters, & Popular Press
Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …