Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson
Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson
Dalhousie Law Journal
The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.
The Expulsion And Disqualification Of Legislators: Parliamentary Privilege And The Charter Of Rights, Andrew Heard
The Expulsion And Disqualification Of Legislators: Parliamentary Privilege And The Charter Of Rights, Andrew Heard
Dalhousie Law Journal
This article examines whetherthe Charter of Rights limits the ability of legislatures to expel sitting members and to disqualify individuals from running for election. The discussions reveal the uncertain breadth of the constitutional status that the Supreme Court of Canada accorded legislative privilege in New Brunswick Broadcasting Co. v. Nova Scotia (Speakerof the House of Assembly). The author argues that both explusion and disqualification should be included among the privileges that are beyond the Charter's purview.
Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier
Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier
Dalhousie Law Journal
While the shortcomings of the common law rules of private international law were being reformed by statute in England, Canadian law, left to judicial development, remained mired in nineteenth-century thinking. A much overdue reassessment was finally undertaken by the Supreme Court earlier this decade. In Morguard Investments Ltd. v. De Savoye and Hunt v. T & N plc the Court recast the common law rules on jurisdiction and the enforcement of foreign judgments to conform with its perception of the "new world order" and Canadian federal structure. It then proceeded to endow these rules with constitutional authority. Although the Court's …