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Articles 1 - 9 of 9
Full-Text Articles in Law
Finding Harmony: Law Society Of British Columbia V Trinity Western University, Sancho Mccann
Finding Harmony: Law Society Of British Columbia V Trinity Western University, Sancho Mccann
Dalhousie Journal of Legal Studies
This case comment focuses on what the Supreme Court of Canada’s 2018 decision in Law Society of British Columbia v Trinity Western University tells us about how courts should review the discretionary decisions of administrative decision-makers for compliance with the Charter. The majority describes this as an application of the framework from Doré and Loyola, and I argue that the Court missed a chance to bring that framework into conceptual harmony with that from Oakes. The Court should be reluctant to use the framework of reasonableness and deference set out in Doré and Loyola when the decision-maker (the Law Society …
Statutory Recognition Of Indigenous Custom Adoption: Its Role In Strengthening Self-Governance Over Child Welfare, Celeste Cuthbertson
Statutory Recognition Of Indigenous Custom Adoption: Its Role In Strengthening Self-Governance Over Child Welfare, Celeste Cuthbertson
Dalhousie Journal of Legal Studies
This article critically examines the statutory recognition of Indigenous custom adoption in Canada. Settler state recognition of custom adoption in each province and territory is discussed and the possibility of conflation between custom adoption and settler state adoption is highlighted. The author argues that statutory regimes have a role in strengthening Indigenous self-governance over child welfare so long as the conflation of diverse practices is rejected, and recognition is accompanied by control and support.
Moneyball In The Era Of Biometrics: Who Has Ownership Rights Over The Biometric Data Of Professional Athletes?, Christopher Casher
Moneyball In The Era Of Biometrics: Who Has Ownership Rights Over The Biometric Data Of Professional Athletes?, Christopher Casher
Dalhousie Journal of Legal Studies
The 2003 release of Michael Lewis’s book, Moneyball, brought into the mainstream a new paradigm for professional sports management: the use of statistical analysis to identify currently undervalued athletes in an effort to gain a competitive advantage. This pressure to accurately value athletes has led, in part, to the widespread collection of professional athletes’ biometric data. While biometric data can create many benefits, its misuse can lead to detrimental outcomes for the athletes, including inequitable contract negotiations, loss of potential revenue from monetization of said data, and a loss of privacy. Thus, this paper seeks to determine who holds the …
Insurance Coverage In A Climate Changed Canada: How Can Canada Pay For Loss And Damage From Anthropogenic Climate Change?, Eric Dwyer
Dalhousie Journal of Legal Studies
This article looks at the impact of anthropogenic climate change and its associated costs in the Canadian context. It begins by outlining how climate change is predicted to alter the Canadian climate before evaluating how this will affect the insurance industry. It determines that insurers’ response to the unpredictable risks and high costs associated with climate change will lead to significant gaps in coverage. How litigation of major carbon polluters could help cover some of the costs associated with climate change by holding polluters accountable is considered. State-led climate litigation can overcome some of the litigation obstacles identified and it …
“Greening” The Charter: Section 7 And The Right To A Healthy Environment, Lauren Worstman
“Greening” The Charter: Section 7 And The Right To A Healthy Environment, Lauren Worstman
Dalhousie Journal of Legal Studies
Canada is among one of the few remaining United Nations member states that does not have a constitutionally protected right to a healthy environment. Amid concerns about climate change and its impact on human health and well-being, the Constitution has become a focal point for advancing environmental justice in Canada. This paper explores three questions surrounding environmental rights and the Constitution. First, does the right to life, liberty, and security of the person, protected by section 7 of the Canadian Charter of Rights and Freedoms, protect a right to a healthy environment? If it does, would such a right strengthen …
The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power
The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power
Dalhousie Journal of Legal Studies
This article attempts to delineate the scope of a municipality’s legal power within the realm of environmental management. Part one of this article looks at the legal position of a municipal government in the Canadian constitutional framework. The authors note that municipalities are creatures of statute and their available powers are tightly prescribed by legislation. Part two of this article is a case study of the City of Toronto's efforts to manage pollution in the Great Lake region, particularly with respect to Lake Ontario. Despite the limits to a municipality’s power, the authors argue that many effective pollution prevention strategies …
A School Divided: A Historicist Legal Analysis Of Good Spirit School Division No 204 V Christ Teacher Roman Catholic Separate School Division No 212, Edward (Ted) R. Lewis
A School Divided: A Historicist Legal Analysis Of Good Spirit School Division No 204 V Christ Teacher Roman Catholic Separate School Division No 212, Edward (Ted) R. Lewis
Dalhousie Journal of Legal Studies
On the cusp of a judgment by the Saskatchewan Court of Appeal, this article examines the 2017 Saskatchewan Court of Queen’s Bench decision in Good Spirit School Division No 204 v Christ the Teacher Roman Catholic Separate School Division No 212. In this case, the SKQB ruled that non-Catholic students attending a publicly funded Catholic school were not entitled to per-student funding grants administered by the provincial government. This article reviews the case using a historicist lens informed by the philosophy of Edmund Burke, which the author suggests is appropriate in the Canadian constitutional context. Through this constitutional lens, the …
The Quadrangulation Project: Reconciling International Modes Of Liability With Domestic Liability For Genocide, War Crimes, And Crimes Against Humanity, Chelsea Rubin
Dalhousie Journal of Legal Studies
Political ideology aside, Canada has been seen as a global leader in the ever-developing international criminal law project. Yet, this position, and the legitimacy that accompanies it, is increasingly under threat. As Prosecutor Bensouda of the International Criminal Court begins her investigation into war crimes and crimes against humanity in Afghanistan, it is possible Canadians will fall within the scope of potential indictments. Herein lies the threat to Canada’s position. Canada was among the earliest states to adopt implementing legislation following its ratification of the Rome Statute of the ICC. Yet, efforts to prosecute war criminals domestically have lagged. Should …
Corrective Justice And The Unlawful Means Tort: Is There A Right To Trade?, Kerry Sun
Corrective Justice And The Unlawful Means Tort: Is There A Right To Trade?, Kerry Sun
Dalhousie Journal of Legal Studies
This paper investigates the extent to which the theory of corrective justice can account for the purpose, structure, and elements of the tort of unlawful interference with economic relations. It considers various proposed accounts of the tort, contending that the tort cannot be justified as an exception to the privity doctrine, a response to the defendant’s attempts to assert indirect control over the plaintiff, or a form of liability stretching. Extending a proposed account of the tort based on the theory of abuse of rights, this paper develops the idea of a “right to trade” that is founded on the …