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Full-Text Articles in Law
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
Dalhousie Law Journal
This article analyses the employment of textual tactics in the Final Report of the Royal Commission on New Reproductive Technologies. The author argues that the Commission uses these tactics to persuade several different audiences that its stance is correct, and simultaneously to manage dissent over new reproductive technologies. Analysis of textual tactics opens the ethical position of the Commission to substantive questioning. The authorfocuses on the Commission's discussion of prenatal diagnosis for genetic anomalies and concludes that the Commission fails to engage with ethical arguments put forward by persons with disabilities and their advocates. The conclusion also encourages the development …
Visible Minorities In The Multi-Racial State: When Are Preferential Policies Justifiable?, Anita Anand
Visible Minorities In The Multi-Racial State: When Are Preferential Policies Justifiable?, Anita Anand
Dalhousie Law Journal
This article outlines the circumstances in which the state is justified in implementing preferential policies in favour of visible minorities and describes an approach to policy formulation. The thesis is that visible minorities warrant preferential treatment in order to rectify past injustices and to redistribute advantages to visible minorities who are chronically poor. "Supply-side" over "demand-side" policies are favoured. Supply-side policies are preferable because they support substantive equality by ensuring that individuals have a minimum level of subsistence. If the goal of achieving substantive equality is to be achieved, the poor should also be entitled to benefit under preferential policies. …
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Dalhousie Law Journal
The Canadian Health and Social Transfer ("CHST"), which came into force on April 1, 1996, contains no national standards relating to the quality of social welfare. The goal of this new transfer was to promote provincial flexibility in the sphere of social policy. The author argues that this flexibility may undermine the core of the Canadian welfare state. Given the preoccupation of the provincial and federal governments with devolution, welfare recipients must turn to the judiciary to determine the "bottom line" of the welfare state. The author explores the various constitutional and administrative law grounds on which the federal government's …