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Note On Developments In Torts, Michael T. Hertz Jul 1976

Note On Developments In Torts, Michael T. Hertz

Dalhousie Law Journal

Between October 1974 and March 1975, the Nova Scotia Law News synopsized some forty Nova Scotia tort cases. This note will not attempt to duplicate that coverage, but rather to elaborate upon a few of the points raised in those cases and to emphasize a number of Supreme Court of Canada decisions which should have tangible effect upon our provincial tort law.


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …