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Articles 31 - 59 of 59
Full-Text Articles in Law
Contributions Of Commissions Of Inquiry To Policy Analysis: An Evaluation, Peter Aucoin
Contributions Of Commissions Of Inquiry To Policy Analysis: An Evaluation, Peter Aucoin
Dalhousie Law Journal
Commissions of inquiry appointed to analyze major matters of public policy constitute an important organizational instrument in governance for essentially three reasons. First, their establishment enables decision-makers in government to delay or postpone decisions without being criticized for doing nothing at all. Policy analysis in this circumstance may be an excuse for a "non-decision", but at the least it ensures that the issue at hand stays on the policy agenda in a certain fashion. Second, such commissions provide for a process whereby the views of special interest groups and the interested public can be presented in a forum that is …
Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci
Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci
Dalhousie Law Journal
Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.
The Role Of The Commission Secretary, David M. Grenville
The Role Of The Commission Secretary, David M. Grenville
Dalhousie Law Journal
Royal commissions of inquiry are generally set up to address an urgent public concern that is almost certainly politically sensitive. The task that they are given to do is not an easy one, and they are expected to deal with it competently, economically and, above all, expeditiously. Inevitably, some controversy will be generated by their activities as they operate under intense public scrutiny. There are, in fact, two kinds of inquiries: one is the quasijudicial investigation which has as its purpose to establish the facts and to determine whether any act was contrary to the law or the public interest, …
The Role Of The Commission Counsel, John Sopinka
The Role Of The Commission Counsel, John Sopinka
Dalhousie Law Journal
Commissions of inquiry have been prominently featured in this country for decades. For instance the Durham Report on the 1837 Mackenzie- Papineau Rebellion was the product of a public inquiry. As well, other inquiries have played a pivotal role in the development of our public and economic life. We had, for example, the Rowell-Sirois Commission on Dominion-Provincial Relations, the Royal Commission on Bilingualism and Biculturalism, the McDonald Commission on the Economy, the Dubin Inquiry on Aviation Safety and the Estey Inquiry on Bank Failures to mention a few. In 1979, the Law Reform Commission of Canada estimated that there had …
Should We Abandon The Adversarial Model In Favour Of The Inquisitorial Model In Commissions Of Inquiry?, Patrick Robardet
Should We Abandon The Adversarial Model In Favour Of The Inquisitorial Model In Commissions Of Inquiry?, Patrick Robardet
Dalhousie Law Journal
I approach the question I was asked to address today from the perspective of administrative law with a particular emphasis on related issues of public administration. In doing so, I bear in mind Professor Arthurs' well known criticism of common lawyers' attitudes towards public administration. In a similar vein of thought, Professor Wesley Pue recently noted: Such attitudes are part and parcel of the ideology-of law and as such are inculcated in lawyers as they partake of legal education, read legal scholarship and practice law. Even where serious efforts are made to escape the bounds of inherited legal thought, a …
The Rights And Obligations Of Those Subject To Inquiry And Of Witnesses, David Wayne Scott
The Rights And Obligations Of Those Subject To Inquiry And Of Witnesses, David Wayne Scott
Dalhousie Law Journal
There are questions raised from time to time as to the desirability of continued utilization of the public inquiry as we know it. These questions ordinarily arise in the context of a consideration of the issues outlined in this paper, that is to say, the rights and obligations of those subject to inquiry. In a classic description of the public inquiry Mr. Justice Middleton observed as follows: It must not be forgotten that this is an inquiry directed by the government into the affairs of its own creature, a Children's Aid Society, with the view of ascertaining if it is …
How Should Lawyers And Legal Profession Adapt?, S Gm Grange
How Should Lawyers And Legal Profession Adapt?, S Gm Grange
Dalhousie Law Journal
Of all the love affairs with which the people of this world have been blessed or afflicted, that between public inquiries and the media is certainly one of the strangest. I have been in and about the law for over 40 years and in that time I say immodestly I have pleaded, what to me were, some very interesting cases and I have in the last 14 years had occasion to sit in judgment on some, not only interesting but, perhaps important cases. But I know perfectly well that when the time comes to take my departure, if I am …
The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris
The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris
Dalhousie Law Journal
Mr. Harris: The question concerning the justification of commissions of inquiry has been raised in the preceding discussions. If their sole justification is having the bulk of their recommendations implemented, the institution probably would have died out long ago. Nevertheless, it must be of considerable concern to commissioners that the record has not been good in terms of implementation and one of the questions that perhaps will determine how successful commissions are in this respect has to do with what happens when the report is delivered and thereafter. These questions will be largely the subject of the panel that we …
The Two Contradictions In Public Inquiries, Liora Salter
The Two Contradictions In Public Inquiries, Liora Salter
Dalhousie Law Journal
Given how frequently they are commissioned, it is surprising how little has been written about inquiries and, more particularly, about the role of science and advocacy within them.' The lack of serious attention paid to inquiries may be a product of their diversity. For example, inquiries include royal commissions and consultative committees and risk assessments. Some of these inquiries have wide-ranging mandates, commission extensive research and actively solicit public commentary, while others are more closely akin to legal proceedings. Grouping such different objectives and activities under a single category - namely, inquiries - is intrinsically difficult. Or the reason for …
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Dalhousie Law Journal
There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.
Riverlake Residents Association, Nova Scotia Municipal Board, 1985, H. Archibald Kaiser
Riverlake Residents Association, Nova Scotia Municipal Board, 1985, H. Archibald Kaiser
Dalhousie Law Journal
Administrative tribunals seem to go about their business in a manner which does not command much attention outside the coterie of specialists who work in the area. This seems a great pity, as the matters with which such forums deal are often of significance to the public at large. Occasionally a decision will command a broader audience and the public may then see the implications of what goes on behind doors which are only nominally open to all. Riverlake Residents Association' is one decision which has, in its short life, enjoyed intense public scrutiny. 2 The results of this attention …
An Attorney General Of Nova Scotia, J.S.D. Thompson, 1878-1882: Disparate Aspects Of Law And Society In Provincial Canada, P. B. Waite
Dalhousie Law Journal
Historians are apt to be omnivorous animals, and they can be nourished by all kinds of research. This cheerful eclecticism has the disadvantage of being dangerously subject to naivet6, a disposition which greets as discovery what to others is obvious. Lack of legal training might further lead to some crashing legal solecism; certainly the temerity of this adventure resembles that of a celebrated premier of Alberta who, in 1937, took on the portfolio of attorney general-not only without being a lawyer, but without one iota of legal education whatever. Perhaps, since he had once been head of the Calgary Prophetic …
Rise And Fall Of Nova Scotia's Attorney General: 1749-1983, J. Murray Beck
Rise And Fall Of Nova Scotia's Attorney General: 1749-1983, J. Murray Beck
Dalhousie Law Journal
The performance of Nova Scotia's thirty-seven attorneys general in the 234 years between 1749 and 1983 has been influenced by a variety of factors. In part, it has been dependent on the kind of political regime they helped to work: representative government up to 1848; responsible government in a single province between 1848 and 1867; and federal government since 1867. But it has been strongly affected, too, by the training, character, and attitudes of the attorneys general themselves; so, while the office has undoubtedly done much to mould the man, the reverse has been no less true, especially before 1900. …
Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan
Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan
Dalhousie Law Journal
In a 1982 law review article Professor David Mullan proposes that we adopt the identification of inconsistency as a basis for judicial review of administrative action.1 On its surface such a proposal may not seem revolutionary. The concept of precedent and rule-oriented decision-making is fundamental to common notions of justice. Arbitrariness in official action offends the rule of law. Hence to resist such a proposal may not seem at the outset a very popular task, especially if the alternative is to tolerate inconsistent administrative action. But it is not the popularity or the unpopularity of the undertaking which is troubling, …
Regulatory Reform And The National Energy Board, J. M. Hendry
Regulatory Reform And The National Energy Board, J. M. Hendry
Dalhousie Law Journal
Government regulation has been increasing rapidly for the past five decades. At present, boards, commissions, and other variously named administrative agencies pervade nearly every phrase of the nation's economic and social activity. At the federal level, these groups are involved in formulating economic policy; they control the construction and operation of pipelines and other means of transport; they supervise most facets of the telecommunications and broadcasting industries; they regulate, in many ways, the exploration for and manufacturing and marketing of raw materials. At the provincial level, they are concerned with labour relations, education, and the use of property. In addition, …
Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera
Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera
Dalhousie Law Journal
The recent Supreme Court of Canada decision in Jacmain v. A. G. of Can. and the P.S.S.R. Board' partly clarifies the rights and "protections" accorded a federal government probationary worker upon dismissal. Regretably, however, with reference to the role of a grievance adjudicator (a federal tribunal) in such matters, and even more so with reference to the role of the courts in "supervising" the jurisdictional findings of such a tribunal, the Jacmain decision is less instructive. The facts of the case are relatively complex. Jacmain had been an employee with the Department of National Revenue prior to entering a competition …
Administrative Law Of The Seventies, Hudson N. Janisch
Administrative Law Of The Seventies, Hudson N. Janisch
Dalhousie Law Journal
Canadian lawyers make far too little use of the rich body of administrative law which has been developed in the United States. To some extent this is because the very sophistication and complexity of that law makes occasional unorganized forays and serendipitous research intimidating and, all too often, frustrating ventures. The purpose of this review is to introduce the Canadian reader to the latest volume of the leading treatise and to a new one volume textbook. Each, in its own way, may serve as an invaluable guide and introduction to American administrative law. Before going any further it would be …
The University Visitor, William Ricquier
The University Visitor, William Ricquier
Dalhousie Law Journal
Despite having provided, in Doctor Bentley's case, 2 one of the seminal cases concerning the right to be heard, it would be an exaggeration to say that the university as an institution has played a major role in the emergence of a developed system of administrative law. There are a number of reasons for this. Generally, it must be observed that only in comparatively recent times has there been such a system, and that, either as a part of such a development, or as a result of it, the courts have only recently extended the scope of judicial review from …
Recent Developments In Nova Scotian Administrative Law, David J. Mullan
Recent Developments In Nova Scotian Administrative Law, David J. Mullan
Dalhousie Law Journal
In 1976, in the first of these surveys, I dealt exclusively with Nova Scotia decisions involving the substantive grounds of judicial review - jurisdictional error, error of law on the face of the record and breach of the rules of natural justice.' Remedies were scarcely mentioned for the very good reason that in the period then under review there were few, if any cases, raising important remedial problems. Now, just over a year later, the situation is the reverse. Most of the interesting judicial review cases of the last eighteen months in Nova Scotia have been ones involving remedial problems. …
Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald
Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald
Dalhousie Law Journal
Rarely does an Administrative Law decision raise the issue of the proper relationship between boards and courts as starkly as the recent Federal Court of Appeal judgment in Delanoy v. Public Service Commission Appeal Board.1 Generally, judicial review tends to focus upon the limits of natural justice (i.e. procedural questions) rather than the problems of formal (non-procedural) jurisdiction and therefore permits courts to assert legalistic values under the guise of "due process". However, almost as if impelled by the favourable comments that their incursions into this field have drawn from academics, the courts have manifested in recent years an almost …
Recent Developments In Nova Scotian Administrative Law, David J. Mullan
Recent Developments In Nova Scotian Administrative Law, David J. Mullan
Dalhousie Law Journal
Unlike a number of the subject areas covered by this symposium, Administrative Law in a Nova Scotia context has been much written about in the last three years. There have been two conferences on judicial review of administrative action sponsored by the Dalhousie University Law School Public Services Committee. Many of the papers appearing in the proceedings of those conferences have a distinctly Nova Scotian flavour. Indeed, the 1975 "University and the Law" Conference sponsored by the same Committee also featured a number of papers with a Nova Scotia Administrative Law bent,4 albeit of a much more specialized kind. Then …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry
Dalhousie Law Journal
The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …
The Nova Scotia Ombudsman, T. J. Mcbride
The Nova Scotia Ombudsman, T. J. Mcbride
Dalhousie Law Journal
Along with the dramatic rise of the welfare state, a concept of government generally accepted by most Canadians if not enthusiastically supported, has come a realization that the opportunities for individual grievances against government have multiplied. Each year ".... thousands of administrative decisions are made, many of them by minor officials, which affect the lives of every citizen. If some of these decisions are arbitrary or unjustified, there is no easy way for the ordinary citizen to gain redress" .' Rather belatedly, many governments have recognized that the existing machinery to protect the citizen against unfair administrative action is inadequate …
The Declaratory Judgment: Its Place As An Administrative Law Remedy In Nova Scotia, David Mullan
The Declaratory Judgment: Its Place As An Administrative Law Remedy In Nova Scotia, David Mullan
Dalhousie Law Journal
In recent years there has been considerable writing throughout the Commonwealth on the potential of the declaratory judgment as a remedy for reviewing unlawful administrative action. 2 It is not my purpose in this note to add to the already ample general discourse on this topic. Rather, I will be concentrating on some particular aspects of the remedy, aspects which have been brought into prominence by recent legislative changes and judicial decisions.
The Québec Advisory Council On The Administration Of Justice Le Conseil Consultatif De Justice, Maxwell Cohen
The Québec Advisory Council On The Administration Of Justice Le Conseil Consultatif De Justice, Maxwell Cohen
Dalhousie Law Journal
Among the classical problems of democratic government perhaps few are so continuing in their challenge to the political imagination as the creation of better methods to balance the interests and the strategies of the governors and the governed. While in a loose sense democratic systems posit the notion that 'sovereignty' lies with 'the people' it is not without significance that the New Left and their varied allies now employ "power to the people" as a slogan that becomes a critique of the conventional machinery of representative government. For these reasons there are to be found, increasingly, in many western democratic …