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Articles 1 - 6 of 6
Full-Text Articles in Law
The Personal Information Protection And Electronic Documents Act: A Lost Opportunity To Democratize Canada's "Technological Society", Tina Piper
Dalhousie Law Journal
Bill C-6, more recently known as the Personal Information Protection and Electronic Documents Act, is promoted by the Canadian government as privacy legislation to protect Canadians' personal information. This paper explores that characterization and concludes that it is inaccurate and misleading. The problems that motivated a response by Parliament are the proliferation and commercial importance of personal information, concerns Canadians have about its uncontrolled use by the private sector and the inadequacy of existing law to address those concerns. However, the Act has not responded to these problems. There are several reasons for this, primarily the disproportionate and antidemocratic importance …
The Best Things In Law Are Free?: Towards Quality Free Public Access To Primary Legal Materials In Canada, Teresa Scassa
The Best Things In Law Are Free?: Towards Quality Free Public Access To Primary Legal Materials In Canada, Teresa Scassa
Dalhousie Law Journal
In this article the author explores the move in several jurisdictions towards providing primary legal materials online without charge. In Canada the federal government, most provincial governments and many courts currently provide some form of online access to primary legal materials. However, this is not done in a unified, comprehensive or systematic manner. The author evaluates the "legal information institute" model as it has emerged in Australia, the United Kingdom and the United States, and considers whether such a model would be useful or workable in Canada. In the course of this assessment, the author canvasses such issues as the …
Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning
Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning
Dalhousie Law Journal
The author describes the reforms to the prosecution system in Nova Scotia which were recommended by the Marshall Inquiry in its 1989 report, and reviews the extent to which they have been effectively implemented during the ensuing decade. He concludes that many of the objectives originally identified by the Marshall Inquiry in this respect have been substantially met, but that in some areas there is still room for improvement. Finally, he notes the absence of systematic evaluations of prosecutorial institutions and practices in Canadian jurisdictions, and that because of this, it is difficult to say whether the Marshall Inquiry's objectives …
An Empty Shell Of A Treaty Promise: R. V. Marshall And The Rights Of The Non-Status Indians, Pamela Palmater
An Empty Shell Of A Treaty Promise: R. V. Marshall And The Rights Of The Non-Status Indians, Pamela Palmater
Dalhousie Law Journal
One of the difficult issues presented by R. v. Marshall is that of who is a Mi'kmaq person, or more generally who is entitled to claim to be a beneficiary of the Treaties of 1760-61. This paper examines a number of possible approaches to this matter, including ones based on residence (on or off reserve), descent and the terms of the Indian Act. It notes the deficiencies of existing tests and of Canadian case law that has addressed Aboriginal identity in other contexts. It concludes by noting that the negotiations which must follow in the wake of Marshall present the …
Competition, Cooperation Or Cartel: A National Law School Accreditation Process For Canada?, Alvin Esau
Competition, Cooperation Or Cartel: A National Law School Accreditation Process For Canada?, Alvin Esau
Dalhousie Law Journal
Law schools in Canada are engaged in increased competition with one another and significant disparities in resources and reputations have developed. The author argues that this competitive context may be a threat to the maintenance in some schools of the broader mission of the law school to teach and produce contextual and critical perspectives on law. It is suggested that Canadian law schools should cooperate with each other and that various initiatives could be taken which would help all schools. Beyond cooperation on specific projects, the authorraises the question of whetherlawschools should set up theirown national accreditation scheme. He suggests …
The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie
The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie
Articles, Book Chapters, & Popular Press
In this paper, while I will conclude that the Dutch experience should give us some concern about a slippery slope, I will, more importantly, also conclude that it should not give us the level of concern suggested by some commentators. I will argue that it does not provide a basis on which to conclude that assisted suicide and voluntary active euthanasia should not be decriminalized in Canada. Rather, it provides a basis for proceeding with caution and developing a permissive regime that places barriers on the slope and contains mechanisms by which slippage down the slope can be detected (and, …