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Articles 1 - 30 of 31
Full-Text Articles in Law
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
Dalhousie Law Journal
The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.
Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant
Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant
Dalhousie Law Journal
EnCana is proposing to develop the second gas producing project in the Scotian Shelf, the Deep Panuke Project. The author examines modifications to the Project from that initially proposed in 2002, the use of the previously approved Comprehensive Study Report, and the procedure for public review and approval. The author will also discuss major issues identified during the public hearing, held before a member of the NEB and the Commissioner appointed by the C-NSOPB, including EnCana's alternative options for carrying out the project, consultation with the Aboriginal communities, Canada-Nova Scotia benefits matters, consultation and engagement with the fishing industry, and …
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Dalhousie Law Journal
The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.
Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman
Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman
Dalhousie Law Journal
The authors explore the recent developments in Aboriginal law and their implications for the petroleum industry in Atlantic Canada. To set the stage, they provide a brief historical overview of Aboriginal settlement and land-use in the region, followed by a brief review of the petroleum industry's development in Atlantic Canada. After examining the state of the jurisprudence relating to Aboriginal rights generally,the authors turn to the current state of aboriginalrights, rights claims, and consultation obligations in the Atlantic Canadian context. The impact of the current state of the law on the petroleum industry is then analyzed and future trends outlined.
Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald
Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald
Dalhousie Law Journal
A new industry is developing in Canada due to recent studies indicating that demand for liquefied natural gas (LNG) supply in Canada and the U.S. is on the rise. As a result, the construction stage has begun for a number of proposed LNG receiving terminals in and around Atlantic Canada. The authors provide an overview of the current issues facing these LNG projects, such as their impact on fisheries, the environment, and Aboriginal rights. They discuss the regulatory framework governing these areas, the due diligence required to identify and address areas of concern, some commercial issues and safety and security …
The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller
The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller
Dalhousie Law Journal
The author examines the current state of international law governing Canada's sovereignty and jurisdiction over the exploitation of hydrocarbons within its continental shelf. These rights are reviewed from a historical perspective through theprogression ofinternational conventions, the decisions ofinternational tribunals and the enactmentof Canadian federal laws. The article includes anexamination of Canada's rights under international law respecting its 200-nautical-mile exclusive economic zone and the continental shelf beyond, as well as a review of Canada's maritime boundary disputes with adjacent coastal states.
Executive Fraud And Canada's Regulation Of Executive Compensation, Bo James Howell
Executive Fraud And Canada's Regulation Of Executive Compensation, Bo James Howell
University of Miami Inter-American Law Review
No abstract provided.
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
Osgoode Hall Law Journal
In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes
Osgoode Hall Law Journal
In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …
The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante
The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante
University of Michigan Journal of Law Reform
Restoration of environmental integrity in the Great Lakes Basin has been only a qualified success after thirty-five years of efforts pursuant to policies developed by federal, state, and provincial governments. Many unresolved problems stem from activities under local government control, yet in the past local governments were excluded from Great Lakes policy-making. By looking at recent changes in the powers, interests, experience, and influence of local governments in Ontario, this Essay concludes that local governments now have the ability to participate meaningfully in Great Lakes policy formation and implementation. To include local governments would improve the chances of successful restoration …
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
University of Michigan Journal of Law Reform
Since 1985, the eight Great Lakes states and the Canadian provinces of Ontario and Quebec have cooperated to prevent almost all diversions of water from the Great Lakes basin. In 2005, the eight states signed an Agreement to create a tiered system of reviews for diversions and a draft interstate Compact, which creates a binding process to regulate diversions. This cooperation is primarily a state initiative, supported by the federal governments in both countries, which has paid little attention to the international character of the lakes. This Essay argues that there are three major benefits to the region from the …
Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby
Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby
Osgoode Hall Law Journal
The Supreme Court of Canada has considered the constitutionality of some aspects of the political finance regime that has been in place since 1974. Recent political finance reforms raise new and challenging constitutional questions. This article examines whether the political finance reforms introduced in the 2003 Elections Act and 2006 Accountability Act-limits on political contributions by individuals and an outright prohibition on union and corporate political contributions-are contrary to Charter guarantees of freedom of expression and freedom of association. Parliament's conflict of interest in regulating the democratic process and the implications that this conflict has for Charter analysis of the …
Prescribed By Law/Une Règle De Droit, Robert Leckey
Prescribed By Law/Une Règle De Droit, Robert Leckey
Osgoode Hall Law Journal
In Multani, the Supreme Court of Canada's kirpan case, judges disagree over the proper approach to reviewing administrative action under the Canadian Charter of Rights and Freedoms. The concurring judges questioned the leading judgment, Slaight Communications, on the basis that it is inconsistent with the French text of section I. This disagreement stimulates reflections on language and culture in Canadian constitutional and administrative law. A reading of both language versions of section 1, Slaight, and the critical scholarship 'reveals a linguistic dualism in which scholars read one version of the Charter and of the judgment and write about them in …
A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum
A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum
Dalhousie Law Journal
Students in first year law in English-speaking common law schools in Canada follow a fairly standard curficulum, heavily weighted in favour of private law subjects such as torts, contracts and property, with criminal law, constitutional law, and perhaps a methods, theories or skills course rounding out their required courses. Most students find the content to be as they expected in courses in torts, contracts, criminal and constitutional law. These areas of law, after all, provide the law-related stories that are an increasing part ofnational and even international news. But many students find first year property a puzzle. They expect the …
Law's Religion: Rendering Culture, Benjamin L. Berger
Law's Religion: Rendering Culture, Benjamin L. Berger
Osgoode Hall Law Journal
This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …
Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley
Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley
Dalhousie Law Journal
Every Canadian law society requires thatapplicants for bar admission be of "good character" The author assesses the administration of this requirement and its statedpurposes ofensuring ethical conductby lawyers, protecting the public and maintaining the profession's reputation. In particular, the premise underlying the use of the good character requirement to fulfill those purposes - that character is the "well-spring of professional conduct in lawyers" - is subjected to critical examination through the theoretical principles of Artistotelian virtue ethics and the empirical evidence of social psychology. The primary thesis of this paper is that as currently justified, administered and applied the good …
Promissory Estoppel, Proprietary Estoppel And Constructive Trust In Canada: "What's In A Name?", Jane Matthews Glenn
Promissory Estoppel, Proprietary Estoppel And Constructive Trust In Canada: "What's In A Name?", Jane Matthews Glenn
Dalhousie Law Journal
This paper explores the similarities and differences between promissory estoppel, proprietary estoppel and the remedial constructive trust. Although the three are quite different at one level, as the first is a defence to an action, the second a cause of action as well as a defence, and the third simply a remedy to a cause of action, a closer examination reveals certain underlying similarities. The comparison highlights proprietary estoppel, an oft-overlooked concept in Canada, but which is comparable to promissory estoppel at the substantive level and the constructive trust at the remedial level.
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Dalhousie Law Journal
Access to justice continues to be a live issue in Canadian courtrooms. While state-sponsored initiatives that promote access continue to flounder in Canada or in some cases, are cancelled altogether, the pressure is mounting to find creative solutions that facilitate greater participation in formal dispute resolution processes. The price of failing in this regard is very high. To truly flourish, both social cohesion and individual liberties require a more participatory and inclusive legal system than the one that currently precludes all but the wealthiest from accessing our courts. Drawing on the legal philosophy of Jargen Habermas, the author examines access …
The Charter 25 Years Later: The Good, The Bad, And The Challenges, Beverley Mclachlin
The Charter 25 Years Later: The Good, The Bad, And The Challenges, Beverley Mclachlin
Osgoode Hall Law Journal
This year, as we celebrate the 25th anniversary of the adoption of the Charter, journals and newspapers are replete with evaluations. Some are positive, some less so. Some are downright critical. Today, I would like to offer my reflections on the good news and the bad news about the Charter,a quarter-century on.
Beyond Self-Congratulations: The Charter At 25 In An International Perspective, Louise Arbour, Fannie Lafontaine
Beyond Self-Congratulations: The Charter At 25 In An International Perspective, Louise Arbour, Fannie Lafontaine
Osgoode Hall Law Journal
On the occasion of the 25th anniversary of the Canadian Charter of Rights and Freedoms, the authors situate the Canadian human rights evolution in an international context. They look first at the context of the Charters adoption and the characteristics that make it an agent of positive social change in Canada. Secondly, they discuss three areas where interaction between international legal values and our domestic human rights system can be rendered more effective: a) the use of international law in defining the content and possible limitations of Charter rights; b) the increased necessity for a better implementation of international human …
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Michigan Telecommunications & Technology Law Review
Since the Patent Act was revised in 1952, patent law has expanded to cover an array of novel endeavors--new fields of technology (notably computer science and business methods) as well as the activities of researchers engaged in fundamental scientific discovery. These changes have been accompanied by shifts in the organizational structure of the technological community, with smaller firms and universities emerging as important players in the patent system, and by new marketplace expectations arising from consumer demand for interoperable technology and converging functionality. As a result of these developments, structural flaws in the legal order have become evident. Although the …
Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page
Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page
Case Western Reserve Journal of International Law
No abstract provided.
Charter Dialogue Revisited: Or "Much Ado About Metaphors", Peter W. Hogg, Allison A. Bushell Thornton, Wade K. Wright
Charter Dialogue Revisited: Or "Much Ado About Metaphors", Peter W. Hogg, Allison A. Bushell Thornton, Wade K. Wright
Osgoode Hall Law Journal
This article is a sequel to the 1997 article "The Charter Dialogue Between Courts and Legislatures (Or Perhaps The Charter of Rights Isn't Such A Bad Thing After All)." In the present article, the authors review various academic critiques of their "dialogue" theory, which postulates that Charter decisions striking down laws are not the last word, but rather the beginning of a "dialogue," because legislative bodies are generally able to (and generally do) enact sequel legislation that accomplishes the main objective of the unconstitutional law. The authors also examine the Supreme Court of Canada's dicta on the "dialogue" phenomenon, and …
Sharpening The Dialogue Debate: The Next Decade Of Scholarship, Kent Roach
Sharpening The Dialogue Debate: The Next Decade Of Scholarship, Kent Roach
Osgoode Hall Law Journal
The first part of this commentary examines the roles of coordinate construction in which legislatures act on their own interpretation of the constitution, second look cases in which the courts judge the constitutionality of a legislative reply to a judicial decision, and various constitutional remedies. The second part examines some differences in emphasis between the author's approach to dialogue and that taken by Hogg and his co-authors with respect to the justification of the judicial role in the dialogue, the relation between Charter dialogue and common law constitutionalism, and the proper interpretive approach to section 7 of the Charter. Three …
Foreword, Jamie Cameron
The Day The Dialogue Died: A Comment On Sauve V. Canada, Christopher P. Manfredi
The Day The Dialogue Died: A Comment On Sauve V. Canada, Christopher P. Manfredi
Osgoode Hall Law Journal
In Sauvé v. Canada (2002) a sharply divided Supreme Court of Canada nullified the inmate disenfranchisement provision of the Canada Elections Act. One of the more important aspects of the majority decision by Chief Justice McLachlin is her refusal to let the concept of dialogue take her down the path of judicial deference. This commentary examines the chief justice's reasons for not taking this path and explores how these reasons reveal the limitations of the dialogue metaphor as originally articulated by Peter Hogg and Allison Bushell. The commentary concludes that any meaningful concept of legislative-judicial dialogue must recognize a coordinate …
Does The Observer Have An Effect?: An Analysis Of The Use Of The Dialogue Metaphor In Canada's Courts, Richard Haigh, Michael Sobkin
Does The Observer Have An Effect?: An Analysis Of The Use Of The Dialogue Metaphor In Canada's Courts, Richard Haigh, Michael Sobkin
Osgoode Hall Law Journal
In "Charter Dialogue Revisited-Or 'Much Ado About Metaphors,"' it is noted that the original idea behind the dialogue metaphor was simply to describe Canada's constitutional structure. Despite this, the metaphor has been criticized for having normative content and influencing courts and legislatures. In this commentary, the authors analyze all Supreme Court of Canada and lower court uses of the dialogue metaphor and conclude that, with some exceptions, the courts have employed the metaphor properly, i.e., descriptively. Since, however, the metaphor can be misapplied-used other than to describe or explain the relationship between the courts and legislatures in Canada-the authors recommend …
Taking Dialogue Theory Much Too Seriously (Or Perhaps Charter Dialogue Isn't Such A Good Thing After All), Andrew Petter
Taking Dialogue Theory Much Too Seriously (Or Perhaps Charter Dialogue Isn't Such A Good Thing After All), Andrew Petter
Osgoode Hall Law Journal
This article challenges the thesis of Peter W. Hogg, Allison A. Bushell Thornton, and Wade K. Wright (put forth earlier in this issue) that the frequency of legislative responses to Charter decisions striking down laws, which they refer to as "Charter dialogue," provides evidence that Canada has a weaker form of. judicial review than is thought to exist in the United States. This article also critiques their claim that judicial review is justified by the idea that individuals have rights that cannot be taken away by an appeal to the general welfare'. The author maintains that this claim not only …
Constitutionalism From The Top Down, Grant Huscroft
Constitutionalism From The Top Down, Grant Huscroft
Osgoode Hall Law Journal
Dialogue theory regards judicial interpretation of the Charter as authoritative, and, as a result, denies that continuing disagreement with the courts is legitimate. There is little scope, in other words, for dialogue with the courts in any meaningful sense. The Charter is best understood as establishing strong-form judicial review rather than weak, and legislatures have only as much room to respond to judicial decisions as the courts are prepared to allow.
Dialogue Theory, Judicial Review, And Judicial Supremacy: A Comment On "Charter Dialogue Revisted", Carissima Mathen
Dialogue Theory, Judicial Review, And Judicial Supremacy: A Comment On "Charter Dialogue Revisted", Carissima Mathen
Osgoode Hall Law Journal
By suggesting that we view the judicial-legislative relationship as a dialogue, the authors of "Charter Dialogue" have greatly influenced constitutional debate in Canada. This commentary offers three observations about the authors' latest contribution. First, it queries the continued usefulness of the term "dialogue." Second, it raises concerns with the idea that section 1 of the Charter promotes dialogue, as the term is now explained by the authors. Finally, it queries the authors' perspective on judicial review and their accompanying terminology.