Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bar Associations (1)
- Brian Langille (1)
- Criminal Justice System (1)
- Employment Law (1)
- Environmental assessment (1)
-
- Environmental protection (1)
- Federal Government Lawyers (1)
- Federalism (1)
- International Agreements (1)
- Labour Law (1)
- Law Societies (1)
- Legislative Jurisdiction (1)
- Opioid Crisis (1)
- Opioid Substitution Therapy (1)
- POGG (1)
- Parliament (1)
- Private Values (1)
- Public Health Crisis (1)
- Public Values (1)
- Regulation of Lawyers (1)
- Rights and title of indigenous people (1)
- Treaty Obligations (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Pogg And Treaties: The Role Of International Agreements In National Concern Analysis, Gib Van Ert
Pogg And Treaties: The Role Of International Agreements In National Concern Analysis, Gib Van Ert
Dalhousie Law Journal
Canada’s international treaty obligations have featured prominently in Privy Council and Supreme Court of Canada jurisprudence on Parliament’s power to make laws for the peace, order and good government of Canada (POGG). How treaties ought properly to be used in determining Parliament’s POGG jurisdiction is a constitutionally fraught question. The federal executive cannot be permitted to extend Parliament’s legislative jurisdiction by making promises to foreign states. Yet the existence of treaty obligations is undoubtedly relevant to the question of whether a given subject has become a matter of national concern. In the upcoming Greenhouse Gas Pollution Pricing Act references, the …
The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey
The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey
Dalhousie Law Journal
Environmental assessment (EA) is a cornerstone of environmental law. It provides a legal framework for public decision-making about major development projects with implications for environmental protection and the rights and title of Indigenous Peoples. Despite significant literature supporting deliberation as the preferred mode of engagement with those affected by EA decisions, the specific legal demands of EA legislation remain undeveloped. This article suggests a legal foundation for deliberative environmental assessment. It argues that modern EA can be understood through three public law frames: procedural fairness, public inquiry, and the framework for the duty to consult and accommodate. It further argues …
“Labour Law Is A Subset Of Employment Law” Revisited, Alan Bogg
“Labour Law Is A Subset Of Employment Law” Revisited, Alan Bogg
Dalhousie Law Journal
This article revisits the arguments in Brian Langille’s seminal law review article, “Labour Law is a Subset of Employment Law.” Langille’s article was based upon two main claims: (a) that (individual) employment law should be understood as the “set” and (collective) labour law the “subset” of employment law (the primacy of employment law); (b) that “public values” have priority over “private values” in the regulation of work (the primacy of public values). These two claims were presented as mutually reinforcing in “Subset.” Drawing on specific examples from UK and Canadian law, this article endorses the first claim but rejects the …
The Opioid Crisis As Health Crisis, Not Criminal Crisis: Implications For The Criminal Justice System, Haley Hrymak
The Opioid Crisis As Health Crisis, Not Criminal Crisis: Implications For The Criminal Justice System, Haley Hrymak
Dalhousie Law Journal
The criminal justice system’s response to the opioid crisis exacerbates risks faced by people using drugs and is harmful to public health. Interviews with 11 interviewees including defence counsel, probation officers, and public interest lawyers and advocates revealed three key challenges of working in the criminal justice system during the opioid crisis. First, there is a lack of understanding of addiction within the criminal justice system. Second, as a result of the opioid crisis, fentanyl trafficking sentencing decisions in British Columbia emphasize the need for lengthier prison sentences, which disproportionately affects people who use substances. Third, the conditions on bail …
The Implications Of Federalism For The Regulation Of Federal Government Lawyers, Andrew Flavelle Martin
The Implications Of Federalism For The Regulation Of Federal Government Lawyers, Andrew Flavelle Martin
Dalhousie Law Journal
The implications of Canadian federalism for the regulation of lawyers for the federal government are largely overlooked in the literature and case law. This article argues that employees of the federal government can practice law without being licensed by the corresponding provincial law society (or any law society). However, if they happen to be licensed by a law society, they can be disciplined by that law society—unless and until Parliament adopts legislation immunizing them from law society discipline. The article also considers the possibility that Parliament could create a separate bar for federal government lawyers. It concludes that some form …