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Articles 61 - 79 of 79
Full-Text Articles in Law
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
Dalhousie Law Journal
Coming as it does in the midst of all the palaver over political correctness within the American academic community, The Hollow Hope is, if nothing else, an opportune articulation of iconoclasm in the debate over civil rights and constitutional law in the United States.' Professor Rosenberg's questioning of the "cult of the court" provides a welcome expression of healthy skepticism towards an institution which conventional myth reveres beyond its due.
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Dalhousie Law Journal
Events often gain a momentum of their own, sometimes well beyond that anticipated by those who set them in motion; this is as true in the field of law as it is in other areas of human endeavour. MorguardInvestments Ltd. v. De Savoye' is a legal event which seems to be taking on a rapidly building momentum. Basing themselves on this decision, Canadian courts, especially those in British Columbia, are recognizing and enforcing judgments from other courts in civil matters, even when these judgments bear few, if any, of the hallmarks that traditionally entitled a foreign judgment to be recognized …
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Dalhousie Law Journal
In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …
Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety
Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety
Dalhousie Law Journal
Does discrimination law have anything in common with the common law? This question, which may have been reworded from time to time in deference to the age in which it was raised, is one which has recurred with remarkable tenacity throughout most of this century. It is also a question which continues, despite initial impressions, to be relevant to the manner in which adjudicatots interpret and apply anti-discrimination legislation today.
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
Dalhousie Law Journal
This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …
Discrimination In The Legal Profession, Codes Of Professional Conduct And The Duty Of Non-Discrimination, Christ Tennant
Discrimination In The Legal Profession, Codes Of Professional Conduct And The Duty Of Non-Discrimination, Christ Tennant
Dalhousie Law Journal
This paper is about discrimination in the legal profession, and about the kinds of responses to discrimination that the legal profession should be considering. I begin with a review of the various forms of discrimination which exist in the legal profession. Discrimination in the legal profession ranges from the exclusion of the members of certain groups from parts of the profession, to sexual harassment, to discrimination in our courts, to the exclusion and deprecation of the perspectives and experiences of those who have not traditionally beenin positions of power. Discrimination in the legal profession occurs against women, against aboriginal people, …
Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore
Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore
Dalhousie Law Journal
The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.
Public Housing And Equality Rights - Dartmouth/Halifax County Regional Housing Authority V. Irma Sparks, Stephen G. Coughlan
Public Housing And Equality Rights - Dartmouth/Halifax County Regional Housing Authority V. Irma Sparks, Stephen G. Coughlan
Dalhousie Law Journal
In Dartmouth/HalifaxCounty Regional Housing Authority v. Sparks, courts in Nova Scotia are once again called upon to consider whether tenants in public housing are entitled to the same protection as private tenants. The Supreme Court Appeal Division decided in Bernard v. Dartmouth Housing Authority that shorter notice periods for public housing tenants were not objectionable, under either s. 7 or s. 15 of the Charter. The issue will now return to the Court of Appeal, but in the meantime the County Court has held that Bernard still sets the standard in Nova Scotia.
Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald
Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald
Dalhousie Law Journal
Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …
Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard
Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard
Dalhousie Law Journal
Increasingly, Canadians have sought to understand themselves as a community through the language of equality rights. There are several practical and theoretical consequences to this choice of language. One of the practical consequences is that a formal commitment to equality raises public consciousness with regard to material and social disparities and to some extent gives those who are excluded or marginalized at least a rhetorical claim to participation and a share in resources. However, another consequence is that while promoting a rhetoric of respect and individual dignity, equality discourse also places a disproportionate amount of power in the hands of …
Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant
Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant
Dalhousie Law Journal
Regina v. Sparrow is the first decision of the Supreme Court of Canada under s.35(1) of the Constitution Ac 1982. The case has wide-reaching implications for the recognition and limitation of aboriginal rights. This case comment will explore some of the implications of Sparrow, with a focus on the test developed by the Court for the justification of government regulation of aboriginal rights. In particular, the question of the cultural authority of non-aboriginal judges to justify legislation regulating aboriginal rights will be addressed.
Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik
Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik
Dalhousie Law Journal
Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.
The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan
The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan
Dalhousie Law Journal
It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …
Promissory Estoppel In The Supreme Court Of Canada, J A. Manwaring
Promissory Estoppel In The Supreme Court Of Canada, J A. Manwaring
Dalhousie Law Journal
In 1972, Viscount Hailsham of St Marylebone said- ... the time may soon come when the whole sequence of cases based on promissory estoppel since the war ... may need to be reviewed and reduced to a coherent body of doctrine by the courts. I do not mean to say that they are to be regarded with suspicion. But as is common with an expanding doctrine, they do raise problems of coherent exposition which have never been systematically explored I Promissory estoppel has yet to receive serious attention from the Supreme Court of Canada, in spite of the fact that …
Sobeys Stores Limited V. Yeomans Et Al: A Case Comment, Michael V. Coyle
Sobeys Stores Limited V. Yeomans Et Al: A Case Comment, Michael V. Coyle
Dalhousie Law Journal
In Sobeys Store Limited v. Yeomans et aLI the Appeal Division of the Nova Scotia Supreme Court seems to strike down the provisions of the provincial Labour Standards Code2 that make reinstatement a viable remedy for senior workers who have been dismissed without just cause. In reality, the judgement, now on appeal to the Supreme Court of Canada, may have missed its mark by a wide margin and, despite the obvious intention of the Court, left these very provisions untouched in the result.
Lawyers, Courts, And The Rise Of The Regulatory State, R. C. B. Risk
Lawyers, Courts, And The Rise Of The Regulatory State, R. C. B. Risk
Dalhousie Law Journal
In 1883, when Dalhousie Law School was created, lawyers in England, the United States, and Canada stood at the edge of a watershed. Massive changes in the law began during the late nineteenth and early twentieth centuries - changes in doctrine, institutions, practice, and ways of thinking. I cannot imagine how I might describe these changes in one short paper, even if I understood them all. Instead, I have chosen to talk about one large strand, regulation, because it is an important feature of law in the twentieth century and because it offers an opportunity to consider some distinctive characteristics …
Revision And Codification Of Penal Law In The United States, Herbert Wechsler
Revision And Codification Of Penal Law In The United States, Herbert Wechsler
Dalhousie Law Journal
I am honored by the invitation to address you and happy to join in. your tribute to the memory of Horace Read. Dean Read was a pioneer in the perception that this is d legislative age, one of the greatest legislative eras of all time. He was concerned that lawyers be equipped to deal effectively with the ever growing corpus of the statutory law and he made valuable contributions to that end. Whether the larger legislative role in the development of law that he depicted and foresaw was a phenomenon that he regarded with approval or regret, I must confess …
Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald
Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald
Dalhousie Law Journal
Rarely does an Administrative Law decision raise the issue of the proper relationship between boards and courts as starkly as the recent Federal Court of Appeal judgment in Delanoy v. Public Service Commission Appeal Board.1 Generally, judicial review tends to focus upon the limits of natural justice (i.e. procedural questions) rather than the problems of formal (non-procedural) jurisdiction and therefore permits courts to assert legalistic values under the guise of "due process". However, almost as if impelled by the favourable comments that their incursions into this field have drawn from academics, the courts have manifested in recent years an almost …
"Appropriate And Just": Section 24 Of The Canadian Charter Of Rights And Freedoms And The Question Of Judicial Legitimacy, W A. Bogart
Dalhousie Law Journal
At the heart of procedural law lie questions concerning the role of courts in a liberal democratic state. What is the essence of their function? What is the proper relationship between the judiciary and other governmental institutions? What is the well-spring for values with which courts can make law? The questions are perennials and will be asked so long as there is interest in the workings and malfunctions of all aspects of government. Courts, like all institutions of government, are continually being assessed on their own terms and in relation to other branches. In Canada this examination has received a …