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Full-Text Articles in Law
Informing The Future Of End-Of-Life Care In Canada: Lessons From The Quebec Legislative Experience, Michelle Giroux
Informing The Future Of End-Of-Life Care In Canada: Lessons From The Quebec Legislative Experience, Michelle Giroux
Dalhousie Law Journal
There have been numerous and challenging developments respecting endof-life care in Canada. In Quebec, political consensus and changes in public opinion led to the adoption of end-of-life care legislation. This paper discusses the context and foundation of that reform and reviews its content with the objective of informing the future of end-of-life care in Canada. In the first part of the paper I explore the balancing of the right to life and autonomy, with a focus on the approach chosen in Quebec by the Legal Experts Panel Report. In Part 11, I discuss Quebec's adoption of An Act Respecting End-of-Life …
Out Of The Black Hole: Toward A Fresh Approach To Tort Causation, Allan C. Hutchinson
Out Of The Black Hole: Toward A Fresh Approach To Tort Causation, Allan C. Hutchinson
Dalhousie Law Journal
The present state of Canadian doctrine on causation in tort law is in serious disarray Judges and jurists persist in thinking that it is a factual inquiry separate from policy concerns. This is made obvious in the recent Supreme Court decision in Clements and in the academic commentary around it. In contrast, I insist that the requirement of causation must be understood as being entirely part of the broader debate on the goals and policies of tort law generally Causation is a topic drenched with normative values and should be treated as such.
Of Lodestars And Lawyers: Incorporating The Duty Of Loyalty Into The Model Code Of Conduct, Colin Jackson, Richard Devlin, Brent Cotter
Of Lodestars And Lawyers: Incorporating The Duty Of Loyalty Into The Model Code Of Conduct, Colin Jackson, Richard Devlin, Brent Cotter
Dalhousie Law Journal
The "conflicts quartet" ofcases decided by the Supreme Court of Canada can be understood as part of a long-standing tension in Anglo-Canadian jurisprudence between two competing conceptions of a lawyer's professional identity In the most recent of these cases, C.N. Railway v. McKercher, the Supreme Court conclusively preferred the loyalty-centred conception of the practice of law over the entrepreneurial conception. While the Federation of Law Societies of Canada amended its Model Code of Professional Conduct in 2014 in response to the Supreme Court's decision in McKercher, this article argues that those amendments did not go far enough. The authors propose …
Nom De Plume: Who Writes The Supreme Court's "By The Court" Judgments?, Peter Mccormick
Nom De Plume: Who Writes The Supreme Court's "By The Court" Judgments?, Peter Mccormick
Dalhousie Law Journal
For several dozen of its major decisions, the Supreme Court in recent decades has adopted an unusual judgment style-the unanimous and anonymous "By the Court" format. Unlike judgments attributed to specific justices, "By the Court" presents an unusual and impersonal institutionalist face. But what is happening behind the fagade? Are these deeply collegial products with the actual drafting divided between some (or most, or all) of the justices? Is it "business as usual" which for major judgments involves rotation between the senior judges? Or is it simply a pseudonym for the Chief Justice writing alone in an unusually emphatic way? …
Canadian Perspectives On Animals And The Law, Sabrina Tremblay-Huet
Canadian Perspectives On Animals And The Law, Sabrina Tremblay-Huet
Dalhousie Law Journal
It is commonplace to affirm that animal law is much more developed in the United States than in Canada; animal abuser registries are being implemented,' animal law degrees are offered,2 and prosecutions ofanimal abusers occur frequently,3 for example. However, the tide is changing in Canada as well, the legal norms and case law becoming increasingly aligned with the social norms surrounding the treatment of animals. An example ofthis is the recent adoption by Quebec ofa new status for animals in its Civil Code, the Loi visant 1'amiliorationde la situationjuridiquede l'animal, adopted on December 4th, 2015.' There are also new challenges …
Death To Semelhago!, Bruce Ziff
Death To Semelhago!, Bruce Ziff
Dalhousie Law Journal
In the 1996 decision of the Supreme Court of Canada in Semelhago v. Paramadevan, Justice John Sopinka stated that it is no longer appropriate to assume that specific performance will issue as a matter of course to enforce a contract for the sale of land. Before performance will be ordered, it must be proven (and not assumed) that common law damages for breach of contract will not suffice to do justice. In this article, Semel hago and the case law generated in its aftermath will be reviewed, and the policy arguments pertaining to the current law addressed. In short, it …