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Full-Text Articles in Law
Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich
Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich
Dalhousie Law Journal
There is a growing disconnect and alienation between lawyers and the legal profession in Canada. One cause, which is the focus ofthe article, is philosophical in nature. There appears to be a disconnect between the role lawyers want to pursue (i.e., a facilitator of justice) and the role that they perceive the profession demands they play (i.e., a hired gun). The article argues that this perception is a mistaken one. Over the last fifteen years, we have been engaged in a process of role morality reconstruction. Under this reconstructed institutional role, an ethic of client-centred zealous advocacy has slowly begun …
Courts And Constitutional Usurpers Some Lessons From Fiji, Venkat Iyer
Courts And Constitutional Usurpers Some Lessons From Fiji, Venkat Iyer
Dalhousie Law Journal
Much concern and disappointment has been expressed by jurists and human rights campaigners over the inaction ofnational judiciaries in reversing the effects of coups d'etat and other acts which result in the unconstitutional overthrow of democratically constituted governments Against this backdrop, the decisive steps taken b) the superior courts of Fiji to nullify the attempted destabilisation of that country's elected government in May 2000 was a trail-blazing development The author analyses the jurisprudence in this area and explains the implications of the Fijian judgments.
Nothing Plus Nothing Equals... Something? A Proposal For Flir Warrants On Reasonable Suspicion, Steve Coughlan, Marc Gorbet
Nothing Plus Nothing Equals... Something? A Proposal For Flir Warrants On Reasonable Suspicion, Steve Coughlan, Marc Gorbet
Articles, Book Chapters, & Popular Press
Over a series of decisions, the Court has been backing itself into a corner with its section 8 jurisprudence. Section 8 protects against unreasonable searches. Since the earliest ruling on the section in Hunter v. Southam} searches are prima facie unreasonable if they take place without a warrant. Thus, before conducting a search, police must have a warrant. Before getting a warrant, police must have information about the accused. Obtaining information about the accused probably involves conduct that qualifies as a search. Thus for example in K. v. Kokesch, R. v. Wiley, and R. v. Plant, perimeter searches, conducted in …