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Articles 1 - 15 of 15
Full-Text Articles in Law
Greg Taylor, The Law Of The Land: The Advent Of The Torrens System In Canada, Ca Mark Coffin
Greg Taylor, The Law Of The Land: The Advent Of The Torrens System In Canada, Ca Mark Coffin
Dalhousie Law Journal
In the fall of 1980 Charles W. MacIntosh, Q.C., then the head of the Land Registration and Information Service (L.R.I.S.), a federally funded initiative of the Council of Maritime Premiers, delivered a lecture to first year students at Dalhousie Law School. He announced with justifiable pride that Nova Scotia had enacted the Land Titles Act' and that the province would be moving to a Torrens system of title registration. The time for throwing off the centuries-old system ofdeeds registration, where the government provided a passive repository for title documents, was nigh! Nova Scotia would come to enjoy the benefits of …
R. Bitterman & M.E. Mccallum, Lady Landlords Of Prince Edward -Island: Imperial Dreams And The Defence Of Property, Jim Phillips
R. Bitterman & M.E. Mccallum, Lady Landlords Of Prince Edward -Island: Imperial Dreams And The Defence Of Property, Jim Phillips
Dalhousie Law Journal
On 23 July 23 1767, some four years after its acquisition of Saint John's Island [now Prince Edward Island] in the 1763 Treaty of Paris, Britain held a one-day lottery through which it distributed almost the entire island in sixty-six lots [townships] of about 20,000 acres each.' Many lots went to individuals, civil and military servants of the crown, including such notables as John Pownall, secretary to the Lords of Trade, and Admiral Augustus Keppel. Although none of the proprietors met the principal condition oftheir grant-that they settle the land within ten years with one Protestant settler for every 200 …
Understanding The Progression Of Mi'kmaw Law, Jaime Battiste
Understanding The Progression Of Mi'kmaw Law, Jaime Battiste
Dalhousie Law Journal
Over the past 250 years, the recognition and implementation of the aboriginal and treaty rights of the Santi Mawio'mi of the Mi'kmaq has been a hard and bitter struggle for justice. Building on Mi'kmaw Aboriginal knowledge and legal traditions that inform their aboriginal and treaty rights, the Supreme Court of Canada has affirmed a Mi'kmaw right to hunt, fish, and gather in their traditional territory. The author focuses on the progression of Mi'kmaw law, drawing on the original teachings of the Mawio'mi embedded in Netukulimk and then shifting to the current legal strategy that creates a constitutional jurisgensis and a …
Towards An Equality-Enhancing Conception Of Privacy, Jane Bailey
Towards An Equality-Enhancing Conception Of Privacy, Jane Bailey
Dalhousie Law Journal
Canadian jurisprudence has explicitly recognized the impact of child pornography on the privacy rights of the children abused in its production. In contrast, it has generally not analyzed other forms of harmful expression, such as hate propaganda and obscenity,to be violations of the privacy rights of those targeted. In a previous article, the author suggested that this distinction in the jurisprudence reflected the relative ease with which the privacy interests of the individual children whose abuse is documented inchild pornography meshed with the prevalent Western approach toprivacy as a negative individual liberty against intrusion. Noting the historic role that the …
Something To Talk About: Is There A Charter Right To Access Government Information?, Vincent Kazmierski
Something To Talk About: Is There A Charter Right To Access Government Information?, Vincent Kazmierski
Dalhousie Law Journal
Can sections 2(b) and 3 of the Canadian Charter of Rights and Freedoms be interpreted to protect a constitutional right of access to government information? The author argues that the constitutional principle of democracy provides a foundation for judicial recognition of such a constitutional right of access even though the inclusion ofan explicit right to access to government information was rejected during the process of drafting the Charter Given that the Supreme Court of Canada's section 2(b) and 3 jurisprudence has been informed by the principle of democracy, the application of the principle may now guide the Court to include …
Cravath By The Sea: Recruitment In The Large Halifax Law Firm, 1900-1955, Jeffrey Haylock
Cravath By The Sea: Recruitment In The Large Halifax Law Firm, 1900-1955, Jeffrey Haylock
Dalhousie Law Journal
The traditional view is that regularized, meritocratic hiring in Canadian law firms had to wait until the 1960s, with the rise in importance of Ontario university law schools. There was, however, more regional variation than this view allows. After an overview of the rise of large firms in the U.S. and Canada, and of the modern hiring strategies (the "Cravath system") that developed in New York in the early twentieth century, the author considers whether Halifax firms were employing these strategies between 1900 and 1955. Nepotistic hiring continued unabated; however, the three large firms of the period recruited young students …
Incentive Effect Of Liability Rules In The Presence Of Liability Insurance In The Maritime Law Context: An Economic Analysis, Muhammad Masum Billah
Incentive Effect Of Liability Rules In The Presence Of Liability Insurance In The Maritime Law Context: An Economic Analysis, Muhammad Masum Billah
Dalhousie Law Journal
Incentive effect of liability law may be affected by the presence of liability insurance. Apparently when a party has liability insurance and does not have to pay directly from its own pocket, it will have less motivation to exercise proper care. This tendency of an insured is known as "moral hazard." There are many studies on the problem of "moral hazard" and on various mechanisms how to address it. Yet, there is a lack of academic discussion on comparative analysis between liability law and liability insurance in terms of their effect on creation of incentives; that is, whether liability law …
C. English, Ed., Essays In The History Of Canadian Law, Volume Ix: Two Islands: Newfoundland And Prince Edward Island, R Blake Brown
C. English, Ed., Essays In The History Of Canadian Law, Volume Ix: Two Islands: Newfoundland And Prince Edward Island, R Blake Brown
Dalhousie Law Journal
The Osgoode Society for Canadian Legal History has played a vital role in encouraging legal history research in Canada, and one of its most important programs has been the Essays in the History of Canadian Law series. Canada lacks a legal history journal, but since 1981 the Osgoode Society has provided an opportunity for scholars to publish their work in one of its collections. Two Islands is the ninth such edited volume by the Osgoode Society that bears the title Essays in the History of Canadian Law. The first two volumes, published in 1981 and 1983, were general collections containing …
Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel
Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel
Dalhousie Law Journal
This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness ofactions taken in the name of national security. To even talk about this subject assumes that there is some distinction -betweena government that does all within its power to protect its citizens, and one that does all within its lawful power If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role oflawyers is to get out of the way …
Counterconstitutionalism, Richard Albert
Counterconstitutionalism, Richard Albert
Dalhousie Law Journal
Democratic constitutionalism has often erected a high barrierseparating the citizen from the state. This is paradoxical because the very promise of constitutionalism is to produce precisely the opposite result: to bind the citizen to the state, and to create and cultivate a constitutional culture that is anchored in participatory democracy. The author has a name for this paradoxical state of affairs: counterconstitutionalism. In this article, the author introduces and illustrates the conceptof counterconstitutionalism with reference to billsof rights in constitutional states representing civil and common law traditions on four continents.
Retribution, Restoration, And White-Collar Crime, Katherine Beaty Chiste
Retribution, Restoration, And White-Collar Crime, Katherine Beaty Chiste
Dalhousie Law Journal
A "restorative" approach to criminality and conflict has been proposed in a number of common law jurisdictions in a variety of legal contexts, both civil and criminal, with an interesting exception: white-collar crime, which is discussedin an almost exclusively retributive vocabulary. This paper explores what a specifically restorative response to white-collar crime might look like, a response which above all else would seek to heal the harm the crime has done. In particular,the author looks at the possibilities for voluntary participation of victims and offenders; broad stakeholder inclusion and a focus on future relations rather than past offences-all necessaryparts of …
Missing Privacy Through Individuation: The Treatment Of Privacy Law In The Canadian Case Law On Hate, Obscenity, And Child Pornography, Jane Bailey
Dalhousie Law Journal
Privacy is approached differently in the Canadian case law on child pornography than in hate propaganda and obscenity cases. Privacy analyses in all three contexts focus considerable attention on the interests of the individuals accused, particularly in relation to minimizing state intrusion on private spheres of activity However, the privacy interests of the.equality-seeking communities targeted by these forms of communication are more directly addressed in child pornography cases than in hate propaganda and obscenity cases. One possible explanation for this difference is that hate propaganda and obscenity simply do not affect the privacy interests of targeted groups and their members. …
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
Dalhousie Law Journal
In this paper, the author examines the trend toward the increased criminalization and punishment of persons with HIV who fail to inform their stxual partners of their HIV-positive status. Since the Supreme Court of Canada's decision in R. v. Cuerrier, such behaviour may constitute aggravated assaultor aggravated sexual assault, the latter offence carrying a maximum sentence of life imprisonment. The paper surveys the Canadian case law and highlights the trend towards the imposition of increasingly harsh sentences. After reviewing public-health and criminal law options for dealing with nondisclosure of one's HIV status, the author concludes that criminal law should only …
Acouple Of Generations Ahead Of Popular Demand': The First National Law Program At Mcgill University, 1918-1924, John Hobbins
Acouple Of Generations Ahead Of Popular Demand': The First National Law Program At Mcgill University, 1918-1924, John Hobbins
Dalhousie Law Journal
Following the First World War, Dean Robert Warden Lee introduced some radical changes to the curriculum at the McGill Law Faculty Three-year courses were instituted leading to either a civil law degree or a common law degree, and a four-year course in which both degrees could be obtained. The program was extremely controversial, running into opposition within the part-time faculty the Montreal legal community and the bar societies of several provinces. Difficulties in obtaining professional accreditation for the common law graduates led to a decline in enrollment, and the common law option was discontinued in 1926. Lee's vision of a …
Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette
Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette
Dalhousie Law Journal
It is not uncommon for Aboriginal law students to experience discomfort in studying the law The discomfort is not unique to legal studies, but the law provides a venue where the effects of the imposition of colonial norms are starkly revealed. In law school the author had to confront how Canadian law has attempted to control Aboriginal identity, at first through legislation and then through the courts. While the locus and style of controlling Aboriginal identity has changed over time, the practice of controlling Aboriginal identity is ever present. This process of control dehumanizes individualsand peoples and continues into the …