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Schulich School of Law, Dalhousie University

1979

Constitutionality

Articles 1 - 2 of 2

Full-Text Articles in Law

Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster Nov 1979

Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster

Dalhousie Law Journal

On January 8, 1974, the Nova Scotia Amusements Regulation Board banned the showing of the film Last Tango in Paris. Gerard McNeil, the editor of a Dartmouth newspaper, decided to challenge the powers of the Board to make such prohibitions. He first appealed to the Lieutenant-Governor in Council, as required by section 3(4) of the Theatres and Amusements Act' but he was not recognized by that body as having the right to appeal. He then requested the Attorney-General to refer the constitutionality of the Act to the Appeal Division of the Supreme Court of Nova Scotia, but to no avail. …


Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr Nov 1979

Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr

Dalhousie Law Journal

The constitutionality of the admiralty jurisdiction of the Federal Court of Canada has been in dispute in six recent Federal Court cases' on the basis of Supreme Court of Canada rulings that actual federal law, and not merely federal legislative authority, is necessary to constitutionally support the creation of a federal court under s. 101 of the British North America Act. 3 Although it does not yet appear to have been argued before the courts in a reported case, an even more serious potential challenge to this admiralty jurisdiction lies in another Supreme Court decision4 implying that federal power to …