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Articles 1 - 30 of 33
Full-Text Articles in Law
The International Court Of Justice At Its Present Stage Of Development, Hermann Mosler
The International Court Of Justice At Its Present Stage Of Development, Hermann Mosler
Dalhousie Law Journal
The object of this study is not to give an outline on the role and function of the International Court of Justice in general but to evaluate its present situation. This is quite a different subject although for this purpose it will be indispensable to compare achievement reached by the Court with the role assigned to it at the time of its foundation as part of the basic structure of the United Nations, the legal organization of the international community. Reminding at the very beginning, of deficiencies actually existing, I do not want to intimate that the problems with which …
The Oral Component Of Appellate Work, T. W. Wakeling
The Oral Component Of Appellate Work, T. W. Wakeling
Dalhousie Law Journal
Anyone who haunts the courtrooms of North America will find advocates of uneven quality. 1 There are master craftsmen but alongside them labour colleagues blessed with skills which escape the observer's scrutiny. Unfortunately, the latter category has been the subject of considerable attention lately with the result there is the impression about that poor advocates have cornered a disproportionate share of the market. Even Canadian and American judges have felt it necessary to question the competence of some practioners. Chief Justice Burger directed his serious charges at the trial lawyers but the appellate bar, the subject of this study, has …
Voltaire And The Cowboy: The Letters Of Thurman Arnold, Susan Sherwin
Voltaire And The Cowboy: The Letters Of Thurman Arnold, Susan Sherwin
Dalhousie Law Journal
Who was Thurman Arnold? A flamboyant character from Laramie, Wyoming, who first achieved national prominence in the late 1930s when, at that time a professor at the Yale Law School, he published his brilliant and provocative The Folklore of Capitalism. A man equally at home in the world of action and the world of ideas, who went on to become, successively, Franklin D. Roosevelt's man in charge of trust-busting, a judge on a federal circuit court of appeal and senior partner in a firm of corporation lawyers in Washington but did not cease stirring people up by public speeches, articles …
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
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 …
Televising Court Trials In Canada: We Stand On Guard For A Legal Apocalypse, Lorne H. Abugov
Televising Court Trials In Canada: We Stand On Guard For A Legal Apocalypse, Lorne H. Abugov
Dalhousie Law Journal
Four years ago an eminent Canadian jurist denounced the presence of a CBC television crew filming trial participants as they emerged from his courtroom at Osgoode Hall. Chief Justice G. A. Gale of the Ontario Supreme Court found the incident "quite offensive" and bid the crew to leave the hallway and the courthouse "because I was satisfied that their operations constituted an interference with the administration of justice." ' Four years later the Canadian position on the presence of news cameras in the courts and within its precincts has remained unaltered, unbending and, worst of all, uncontroverted. A blanket prohibition …
The Case For Provincial Regulation Of Community Antenna Television Systems In The Wake Of Capital Cities And Dionne, Robert P. Doherty
The Case For Provincial Regulation Of Community Antenna Television Systems In The Wake Of Capital Cities And Dionne, Robert P. Doherty
Dalhousie Law Journal
While observers of the Canadian Constitution may believe that jurisdiction over cable television in this country was finally and clearly given to the federal government and its Canadian Radio-Television and Telecommunications Commission, by the Capital Cities and Dionne cases, there is still much to be decided. If there are any doubts, then consider news reports of November 1978, and January and February 1979 which highlighted the prominence of cable television as a negotiable federal/provincial subject at several conferences. Vibrations from several provincial governments 4 indicate that cable television and data communications are two areas of communications that provinces would dearly …
Christiania – Legal And Criminological Issues Arising From Denmark's "Social Experiment", R. Paul Davis
Christiania – Legal And Criminological Issues Arising From Denmark's "Social Experiment", R. Paul Davis
Dalhousie Law Journal
The Danes could hardly be accused of reticence in their approach to social policy issues. Of particular interest are their progressive approaches to crime control and treatment of offenders, including their setting up of Helstedvester, one of the world's first therapeutic community-type psychiatric prisons, and their liberality in some issues of decriminalisation. One of the most interesting criminological events to have occurred this century, however, was completely unplanned; indeed the government at various junctures in the history of the "Free City" of Christiania has stringently opposed its continued existence. The material presented in this article represents an attempt to provide …
Defamation In Broadcasting, Keith R. Evans
Defamation In Broadcasting, Keith R. Evans
Dalhousie Law Journal
The law of defamation is not new to the world, nor limited to certain nations: Moses commanded: "Neither shalt thou bear false witness against thy neighbour." The Far East punished slander. The Twelve Tables of Rome recognized defamation. Early Anglo- Saxon and Germanic laws took a serious view of insult by word or gesture. Punishment included excision of the tongue. In England, a book on libel was written three hundred years ago. Under a French ordinance of the past century the publication of a libel was punished by whipping and on a second offence with death. ' Obviously, the consequences …
Changing Government: The 1971-72 Newfoundland Example, Peter Neary
Changing Government: The 1971-72 Newfoundland Example, Peter Neary
Dalhousie Law Journal
Newfoundland has long provided a rich field of interest for students of constitutional minutiae. The reason for this is not hard to find. In 1842 the Colony's elective Legislative Assembly and its appointive Legislative Council, both established in 1832, were combined in one chamber.' In 1861, only six years after "responsible government" had been achieved in the Colony, the government of John Kent was dismissed from office by Governor Sir Alexander Bannerman. 2 In 1908 a general election produced a tie and a crisis which was resolved only through the action of Governor Sir William MacGregor. 3 In 1919 a …
Time Standards For Justice, Shimon Shetreet
Time Standards For Justice, Shimon Shetreet
Dalhousie Law Journal
The machinery of justice is under great pressures both popular and professional to expedite justice. While the attainment of expeditious justice is a generally accepted goal, the meaning of expeditious justice is unsettled and ambiguous. The struggle for expediting justice may have a limited significance if the goal is expressed in ambiguous and general terms. Hence it is important to go beyond the words, to establish standards for expeditious justice and as far as practicable, to express them in numerical terms. The purpose of this paper is to examine the possible reference points for measuring court delay and to discuss …
Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster
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. …
Law Schools And Public Legal Education: The Community Law Programme At Windsor, R. A. Macdonald
Law Schools And Public Legal Education: The Community Law Programme At Windsor, R. A. Macdonald
Dalhousie Law Journal
The term public legal education is of relatively recent vintage. Although the Bar has long acknowledged a responsibility to provide the public with information about the law and our legal system, it usually assumed that the private practitioner could perform this function adequately within the context of his daily practice. Only in the last decade have we come to realize that this function was not being performed and that general information about the law was unavailable to most citizens.' Not only was the Bar not involved in "access to justice" problems, but those engaged in legal education seemed to have …
Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount
Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount
Dalhousie Law Journal
Lawyers pride themselves on being men of reason. After all, they postulate, it is the "reasonable man" who is enshrined at the apex of the Anglo-American legal system in the adjudication of civil disputes; it is the legally trained mind that proves so finely honed a tool in the area of problem solving in private practice; the rational decisional process is the hallmark of the judicial mind. Where the life or liberty of an individual is in contention this expert "sense" of reason is brought one step further - the criminal law, with few exceptions, will not countenance a mere …
Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera
Comment On Jacmain V. Attorney General Of Canada And The P.S.S.R. Board, Norman M. Fera
Dalhousie Law Journal
The recent Supreme Court of Canada decision in Jacmain v. A. G. of Can. and the P.S.S.R. Board' partly clarifies the rights and "protections" accorded a federal government probationary worker upon dismissal. Regretably, however, with reference to the role of a grievance adjudicator (a federal tribunal) in such matters, and even more so with reference to the role of the courts in "supervising" the jurisdictional findings of such a tribunal, the Jacmain decision is less instructive. The facts of the case are relatively complex. Jacmain had been an employee with the Department of National Revenue prior to entering a competition …
An Expert's Reputation, Malcolm Merry
An Expert's Reputation, Malcolm Merry
Dalhousie Law Journal
"Comment is free, but facts are sacred" is both a good working tale for journalists and a fairly accurate encapsulation of their obligations under the law of libel. The difficulty of course lies in sorting out fact from comment. It was this difficulty that faced the Nova Scotia courts in Barltrop v. Canadian Broadcasting Corporation, 1 and the appeal judges came up with a different answer from the trial judge. The case was one of the legal reverberations of the controversy about lead poisoning in Toronto during 1974. The C.B.C.'s programme "As It Happens" broadcast a special feature on the …
Legislation And Its Limits, A. E. Anton
Legislation And Its Limits, A. E. Anton
Dalhousie Law Journal
Political philosophers throughout history have been shocked by the dictum of Ulpian that "Because it pleases the prince, it has the force of law",2 and have asked whether there are not moral principles which a legislator may not contravene, whatever the scope of his constitutional powers. The philosophers' answers have been of crucial importance in the development of western legal thought and have influenced the content both of national constitutions and of national and international bills of rights. The reasoning, however, underlying those answers has usually been of an a priori character, based on the acceptance of theories of natural …
Cook, Oliphant, And Yntema: The Scientific Wing Of American Legal Realism (Part Ii), S. N. Verdun-Jones
Cook, Oliphant, And Yntema: The Scientific Wing Of American Legal Realism (Part Ii), S. N. Verdun-Jones
Dalhousie Law Journal
Following the lead of John Dewey, Cook, Oliphant, and Yntema pointedly eschewed discussion of ultimate values in terms of their intrinsic "goodness". Their own course of action was to press for the application of scientific method - or Dewey's "method of intelligence" - to the field of ethics. The clear message imparted by their approach was the compelling need for the proponents of particular values to consider the means available for the achievement of their ideals; such consideration, it was argued, would both heighten commitment to goals which were proved to be capable of attainment within a given social context …
The Problem Of Similar Fact Evidence, C. R. Williams
The Problem Of Similar Fact Evidence, C. R. Williams
Dalhousie Law Journal
Similar fact evidence raises in a particularly acute form the conflict between two competing principles in the law of evidence. On the one hand, the principle that evidence of high probative value ought to be admitted. On the other, the principle that in criminal trials evidence possessing a significant potential for prejudice ought, in the interests of fairness, to be excluded. The expression "similar fact evidence" is here used broadly to refer to all evidence which shows that on some other occasion the accused acted in a way more or less similar to the way in which the prosecution alleges …
An Introduction To The Position Of The Sick Employee In Nova Scotia, Della Risley
An Introduction To The Position Of The Sick Employee In Nova Scotia, Della Risley
Dalhousie Law Journal
It is perhaps trite to state that the income which supports the majority of Canadian families comes to that family as a result of the fact that one or more family members are employees. But to examine the corollary to this, the fact that the interruption of that employment and consequently of that income can cause immense hardship, is not so trite. Although numerous schemes to lessen this hardship have been developed over the years it is only in the past few years that the question has been asked whether this series of schemes, each one designed to lessen a …
The Ombudsman In Nova Scotia And Newfoundland, K. A. Friedmann
The Ombudsman In Nova Scotia And Newfoundland, K. A. Friedmann
Dalhousie Law Journal
The Ombudsman is a relative newcomer to Canadian provincial government.' The senior Canadian Ombudsman offices are located in Alberta and New Brunswick, both ten years old. The Nova Scotia Ombudsman has functioned for six years, and Newfoundland's Parliamentary Commissioner for a mere two years. It may therefore be too early to analyze their degree of institutionalization. The concept does enable us, however, to focus our attention on the most important questions regarding the early history of the Ombudsman institution in the Maritimes. According to S. P. Huntingdon, institutionalization may be resolved into two internal components, complexity and coherence, and two …
Nova Scotia Freedom Of Information Act, Keith R. Evans
Nova Scotia Freedom Of Information Act, Keith R. Evans
Dalhousie Law Journal
Freedom of Information has been the subject of much current debate in Canada, but is not new to the world. The United States enacted their first Act, in 1966,1 and amendments in 1974 finally gave the Act some worthwhile effect. 2 Sweden has had Freedom of Information legislation for over two hundred years. The experience of these two countries has been very favourable, but Canada refuses to learn from that experience. There is still a fear in the governments of Canada that openness in government would lead to problems, the ultimate fear being that the party in power will no …
New Developments In Nova Scotia Psychiatric Legislation, Lorne E. Rozovsky
New Developments In Nova Scotia Psychiatric Legislation, Lorne E. Rozovsky
Dalhousie Law Journal
Depsite advanced developments in the treatment of mental illness, Nova Scotia has until recently possessed some very archaic mental health legislation. The law treated the mentally ill patient differently depending on the institution in which he happened to be placed regardless of his diagnosis. Patients in general hospitals for psychiatric disorders fell within the jurisdiction of the Public Hospitals Act, and were treated no differently than physically ill patients. 1 Patients who were sent to the Nova Scotia Hospital, a psychiatric institution owned by the province fell within the Nova Scotia Hospital Act.2 It contained provisions on compulsory and voluntary …
Regulation Of The Medical Profession In Nova Scotia, Duncan Beveridge
Regulation Of The Medical Profession In Nova Scotia, Duncan Beveridge
Dalhousie Law Journal
Consumerism has experienced fantastic growth over the last decade and as a result its influence is felt in almost every decision making process. Consumer groups have operated as potent pressure groups and have encouraged the reform of laws to protect the "little man".' Federal and provincial legislative bodies have reacted and attempted to protect the consuming public from unfair or unconscionable business practices and established agencies to do research and co-ordinate consumer concerns. Until recently, consumers have fixed their attention on business and have largely ignored services, particularly those provided by self-governing professions such as the medical profession. The historical …
Legal Education In Canadian Schools?, Hugh M. Kindred
Legal Education In Canadian Schools?, Hugh M. Kindred
Dalhousie Law Journal
Law courses have exploded across school programmes in recent years. From one end of Canada to the other, thousands of students and hundreds of school teachers are now studying law. Just what they are learning is uncertain for, apart from a head count of those present in the classroom, there is little curricular enquiry and even less organisation. The effort appears to be an unled mass movement rather than a planned educational development. And its size is still growing. The origins of this explosion of legal interest explain its unorganised character. The pressure for legal education has come from the …
The Law Of Contract, Paul Thomas
The Law Of Contract, Paul Thomas
Dalhousie Law Journal
There can be no denying the need for good Canadian legal textbooks. While recent years have seen more home-grown texts on the market there are many important areas left unserved. In the past year two Canadian text books on contract law have been published. One way of assessing these two books is to ask wehter they are suitable replacements for English contract texts which we have had to resort to for the want of anything Canadian. The heavy use of, and constant reference to, Canadian sources, both legislative and judicial, is, of course, a valuable asset. Needless to say, a …
A. G. For Canada Et Al V. Claire Dupond: The Right To Assemble In Canada?, Clare F. Beckton
A. G. For Canada Et Al V. Claire Dupond: The Right To Assemble In Canada?, Clare F. Beckton
Dalhousie Law Journal
The renewal of the Federation must confirm the pre-eminence of citizens over institutions, guarantee their rights and freedoms and ensure that these rights and freedoms are inalienable. 1 These words from Prime Minister Trudeau are a reflection of the concern today for protection of individual rights and freedoms. His words also reflect the past concerns with protection of individual rights and freedoms particularly in countries which espouse democratic principles. He has recognized that the balance between individual and state interests must be struck in favour of the individual. In order to achieve this result, there must be some consensus in …
La Compétence Fédérale Surla Radiodiffusion Et Latéledistribution: Capital Citiescommunications Inc. Et Al. V.C.R.T.C., René Pépin
Dalhousie Law Journal
Le 30 novembre 1977 la Cour supreme du Canada rendit 2 d6cisions' fondamentales concernant la comp6tence des Parlements f6d6ral et provinciaux de 16gif6rer en mati~re de radiodiffusion et de t6l6distribution 2 , i.e. de t616vision par cable. Elle mettait ainsi un terme ' un d6bat juridique qui origine au d6but des ann6es '30. Le tribunal a jug6 par une majorit6 de 6 contre 3 que la comp6tence f6d6rale en la matiere 6tait exclusive. La Cour 6tait certes tr~s consciente de l'importance de la question pos6e et de l'impact de sa dcision. I1 suffit pour s'en convaincre de constater que 6 …
The Federal Ministry Of Justice As Government's Legal Adviser To The Ministry Of External Affairs In Nigeria, Niki Tobi
Dalhousie Law Journal
Before the establishment of the Federal Ministry of Justice, there was in existence the Colonial Legal Department which was headed by a Britain. He was the Registrar and Taxing Master of the then Supreme Court between 1863 and 1901. In addition to this duty, he functioned both as the Queen's Advocate and the Queen's Proctor. The exact date in which the office of the Attorney-General was created is not known but there is evidence that it was created during the era of Lord Lugard. The first incumbent of the office of the Attorney-General was Sir Donald Kingdon who was in …
Cook, Oliphant And Yntema: The Scientific Wing Of American Legal Realism, S. N. Verdun-Jones
Cook, Oliphant And Yntema: The Scientific Wing Of American Legal Realism, S. N. Verdun-Jones
Dalhousie Law Journal
For many years I have been asking myself the question: In what way or ways is it possible to study law scientifically? This has, naturally, led to an examination both into the nature of scientific knowledge, more especially in those fields in which scientific study has won its greatest successes- such as physics, chemistry, astronomy- and into the possibilities of developing similar bodies of knowledge in the field of what are commonly called the social sciences. W. W. Cook.' Walter Wheeler Cook, Herman Oliphant, and Hessel Yntema formed a distinctly homogeneous trio among the widely divergent band of legal scholars …
Canadian Perspectives On The Future Enforcement Of The Exclusive Economic Zone: A Paper In Diplomacy And The Law Of The Sea, Gerald B. Stanford
Canadian Perspectives On The Future Enforcement Of The Exclusive Economic Zone: A Paper In Diplomacy And The Law Of The Sea, Gerald B. Stanford
Dalhousie Law Journal
Canada's declaration of a 200 mile Exclusive Economic Zone (EEZ) in the forefront of a rush by coastal states to stake their claims to the resources of the seas and the extension of coastal state jurisdiction was considered by some to be pre-empting the outcome of the Third United Nations Conference on the Law of the Sea, (UNCLOS III). It is certainly contrary to the call of Ambassador Arvid Pardo in 1967 before the General Assembly of the United Nations, seeking the reservation of the sea-bed and its resources beyond the recognized boundaries of state jurisdiction as "the common heritage …