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Articles 1 - 30 of 43
Full-Text Articles in Law
La Faculte De Droit De I'Universite De Montreal - Histoire Recente, Roger Comtois
La Faculte De Droit De I'Universite De Montreal - Histoire Recente, Roger Comtois
Dalhousie Law Journal
La Facult6 de Droit de l'Universit6 de Montreal a f~t6 son centenaire en 1978. Notre collgue, le Professeur Jean H6tu a publi, 'a cette occasion, un Album-souvenir. L'auteur a fait une magnifique synth~se de l'histoire de la Facult6. 11 a fait la chronique quotidienne de l'enseignement du droit ' I'Universit6 de Montreal depuis l'inauguration officielle de la succursale de I'Universit6 Laval ia Montr6al, le 6 janvier 1878. Le premier octobre de la mbme annie marquait le d6but officiel des cours de la Facult6 de droit au Cabinet de Lecture paroissial, i l'angle des rues Notre-Dame et Saint-Franqois-Xavier. Dans la pr6face …
The University Of Manitoba Faculty Of Law 1966-1984, Clifford H. C. Edwards, Jack R. London
The University Of Manitoba Faculty Of Law 1966-1984, Clifford H. C. Edwards, Jack R. London
Dalhousie Law Journal
From its inception in 1914, the Manitoba Law School had been the joint responsibility of the University of Manitoba and The Law Society of Manitoba. Its four year programme was intended to combine both academic and practical training so that on its completion the graduating student obtained not only his Bachelor of Laws Degree but also his call to the Bar of Manitoba. By the early sixties, however, with the burgeoning of legal education in universities across the country, it became clear that an overhaul of the system was necessary in Manitoba. If legal education was to meet the demands …
Orwell's Prophecies: The Limits Of Liberty And The Limits Of Law, Julian Symons
Orwell's Prophecies: The Limits Of Liberty And The Limits Of Law, Julian Symons
Dalhousie Law Journal
Let me say something first about the scope of this talk. As we approach 1984, George Orwell's book with that title seems to have increasing relevancy. It was not intended as a prophetic work - the very title came simply from the fact that the final version was completed in 1948, so that the last two numerals were reversed. And it was concerned less with conjectural futures than with the world Orwell saw around him. It was, he said, a projection of what might happen if totalitarian tendencies in several countries developed as they had been doing in the years …
The Quest For World Order: The Legacy Of Optimism Re-Examined, Richard A. Falk
The Quest For World Order: The Legacy Of Optimism Re-Examined, Richard A. Falk
Dalhousie Law Journal
President MacKay, ladies and gentlemen, it is a great honour for me to be here as a Killam lecturer. Let me start by telling a story that illustrates the direction of what I want to say. A Frenchman, an American and a Jew were all suffering from an incurable disease. They were told by a doctor that they had three weeks to live and each was asked what he would like to do. True to stereotype, the Frenchman said that he would take his mistress to the country and dine every night at a three-star restaurant. The American said that …
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Dalhousie Law Journal
The invitation to me, as present Chairman of the Law Commission for England and Wales, to take part in this centenary celebration of Dalhousie Law School was both an honour conferred on our Law Commission and a recognition of our shared heritage of the common law and of the spirit and endeavour of law reform shared by the legal systems of Canada and of the United Kingdom. Greater honour was done to my office and to me by the conferring of the Honorary Degree of Doctor of Laws of this great university in such distinguished company.' This particular honour I …
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 …
The Changing Common Law, Morton J. Horwitz
The Changing Common Law, Morton J. Horwitz
Dalhousie Law Journal
I am very pleased and honoured to have been asked to participate in this centennial celebration. For me, it underlines the common bonds between the people of Canada and of the United States, who, in spite of various stresses and strains, manage to live side by side in peace and mutual respect. May we continue to set an example for the rest of the world. Until I read John Willis' very interesting history of Dalhousie Law School, I had not fully realized that I am here simply as another link in a long-standing relationship between Dalhousie and Harvard Law Schools. …
The Future Of The Common Law Tradition, Alan Watson
The Future Of The Common Law Tradition, Alan Watson
Dalhousie Law Journal
The majority of Western systems of private law is habitually divided by scholars into civil law systems and common law systems. Eastern Canada fortunately partakes of both traditions - the civil law in Quebec and common law in the other provinces. One difference between the two traditions is the greater and earlier emphasis that was placed on the teaching of civil law in universities. In conformity to this, Quebec had three university law schools before the common law provinces had any; they were McGill (established in 1848), Laval (established in 1854), and Laval in Montreal (in 1878). But Dalhousie was …
The Early Days Of Law Teaching At Mcgill, Stanley B. Frost
The Early Days Of Law Teaching At Mcgill, Stanley B. Frost
Dalhousie Law Journal
When the British acquired Canada in 1763, there were immediate schemes for the rapid anglicization of the Province. The map was redrawn to impose English county names on the French countryside, schemes for universal education were drafted to teach English to francophone youth, the new-burgeoning commerce was conducted in association with English firms employing English terminology and in accordance with accepted English practices. A Legislative Assembly was promised and Canada was to become as English as New England: even more so, for the Church of England was to be established as the National Church as in England, Wales and Ireland. …
The Canadian Constitutional Experiment, Alan C. Cairns
The Canadian Constitutional Experiment, Alan C. Cairns
Dalhousie Law Journal
Amidst the staggering array of possible foci for an essay on the Canadian constitutional experiment I have chosen to stress the recent tumultuous struggles for identity and community which have engaged citizens and governments. My perspective is primarily from the bottom up, not because the recent constitutional exercise shows the Canadian peoples as masters of their fate, which it does not, but because who we are and to whom we relate as fellow citizens are important subjects in themselves. Further, the contemporary democratic state cannot function successfully in a vacuum. Its weight and its pressure are such, and its purposes …
Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles, Sheldon Wein
Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles, Sheldon Wein
Dalhousie Law Journal
This is a collection of the more important articles on conflict of laws that Professor Hancock has written since 1960; in addition, it contains a chapter, hitherto unpublished, on Allstate Ins. Co. v. Hague,' the Supreme Court's most recent foray into constitutional limitations on the power of a state to apply its law in situations involving foreign facts. Many of us undoubtedly read the majority of these essays at the time when they first appeared in law review form. It is good that they are now available in a single book. We are thereby afforded a convenient opportunity to refresh …
"The Laws Are Like Cobwebs": Popular Resistance To Authority In Mid-Nineteenth Century British North America, Michael S. Cross
"The Laws Are Like Cobwebs": Popular Resistance To Authority In Mid-Nineteenth Century British North America, Michael S. Cross
Dalhousie Law Journal
The three men began their work on the morning of 26 January 1850. They were in the snowy street of the village of St.-Grrgoire le Grand, on the St. Lawrence south shore, to assess the population for school taxes. Hardly had they begun when they were confronted by a mob of three hundred angry men who ordered them to stop, tore up and burned their assessment books, and warned them not to attempt to carry out the government's work. A week later, on 2 February, the assessors went to the grand jury of the Court of Queen's Bench at Trois …
An Attorney General Of Nova Scotia, J.S.D. Thompson, 1878-1882: Disparate Aspects Of Law And Society In Provincial Canada, P. B. Waite
Dalhousie Law Journal
Historians are apt to be omnivorous animals, and they can be nourished by all kinds of research. This cheerful eclecticism has the disadvantage of being dangerously subject to naivet6, a disposition which greets as discovery what to others is obvious. Lack of legal training might further lead to some crashing legal solecism; certainly the temerity of this adventure resembles that of a celebrated premier of Alberta who, in 1937, took on the portfolio of attorney general-not only without being a lawyer, but without one iota of legal education whatever. Perhaps, since he had once been head of the Calgary Prophetic …
Rise And Fall Of Nova Scotia's Attorney General: 1749-1983, J. Murray Beck
Rise And Fall Of Nova Scotia's Attorney General: 1749-1983, J. Murray Beck
Dalhousie Law Journal
The performance of Nova Scotia's thirty-seven attorneys general in the 234 years between 1749 and 1983 has been influenced by a variety of factors. In part, it has been dependent on the kind of political regime they helped to work: representative government up to 1848; responsible government in a single province between 1848 and 1867; and federal government since 1867. But it has been strongly affected, too, by the training, character, and attitudes of the attorneys general themselves; so, while the office has undoubtedly done much to mould the man, the reverse has been no less true, especially before 1900. …
As Near As May Be Agreeable To The Laws Of This Kingdom": Legal Birthright And Legal Baggage At Chebucto, 1749, Thomas Garden Barnes
As Near As May Be Agreeable To The Laws Of This Kingdom": Legal Birthright And Legal Baggage At Chebucto, 1749, Thomas Garden Barnes
Dalhousie Law Journal
The Old British Empire at its greatest extent and the height of its grandeur, between 1763 and 1776, comprised thirty-three colonies, all but a few of them in North America and the Caribbean, none of them older than 1607. The most recently acquired colonies included the largest, Canada, and some of the smallest, Grenada and St. Vincent.1 The Empire was not a monolith. Differing geography, history, economics, social structure and dynamics, and ethnicity produced political societies of great variations and disparities, even between contiguous colonies. Historians of the Old Empire have found generalization difficult and dangerous, save when describing "imperial …
The Theory And Practice Of Constitutionalism In Pre-Revolutionary Massachusetts Bay: James Otis On The Writs Of Assistance, 1761, David Thomas Konig
The Theory And Practice Of Constitutionalism In Pre-Revolutionary Massachusetts Bay: James Otis On The Writs Of Assistance, 1761, David Thomas Konig
Dalhousie Law Journal
The subject of constitutionalism is of considerable topical importance in Canada today, and it is hoped that this essay in historical jurisprudence will be of value to Canadian scholars attempting to discover a usable past in the eighteenth century constitution of Empire. To plunge twentieth century scholars into the eighteenth century legal world, however, may have a tortious quality to it. Recently, an American scholar commented rather grimly that much modern scholarship on the subject shares "a sense of the strangeness of the eighteenthcentury world, its pervasive differentness from the legal world we know and have internalized. We cannot," he …
The Evolution Of The Lower Court Of Nova Scotia, Sandra E. Oxner
The Evolution Of The Lower Court Of Nova Scotia, Sandra E. Oxner
Dalhousie Law Journal
The evolution of the Supreme Court of Nova Scotia has been well described elsewhere.' This paper will describe the evolution during the colonial period of the main civil and criminal lower courts of Nova Scotia. Omitted are such courts as the Vice Admiralty and Probate Courts. These require separate examination. This paper traces the development of the courts of General Sessions of the Peace and the Inferior Court of Common Pleas, the main criminal and civil lower courts of the period, from the time of their inception shortly after the founding of Halifax in 1749. The examination of these courts …
Jailbirds In Mid-Victorian Halifax, Judith Fingard
Jailbirds In Mid-Victorian Halifax, Judith Fingard
Dalhousie Law Journal
The social history of crime and criminal justice in the nineteenth century has recently tended to emphasize two themes: first, attitudes towards crime and punishment, and the administrative reforms of institutions which grew out of those attitudes; second, the nature of criminality, particularly of serious crime and long-term trends, as revealed in case studies of offences in particular localities, including computer-based, statistical profiles of criminal populations. Both these approaches have their strengths, but it must be recognized that they are heavily weighted in favour of the theoretical, the institutional, and the statistical; they are also predominantly concerned with the view …
An Historical Review Of Nova Scotia Legal Literature: A Select Bibliography, Shirley B. Elliott
An Historical Review Of Nova Scotia Legal Literature: A Select Bibliography, Shirley B. Elliott
Dalhousie Law Journal
Expressed in simplest terms Nova Scotia law, generally speaking, is an amalgamation of English common law, English statute law and the provincial statutes which evolved following the convening of the first representative government at Halifax on October 2, 1758. From the capture of Port Royal in 1710 (which by the Treaty of Utrecht in 1713 guaranteed Acadia to the British), to the establishment of an elected assembly 48 years later, law and order were maintained at first by military law and, following the appointment of Richard Philipps as governor at Annapolis Royal, by the issue of royal instructions dated June …
Crime At Sea: Admiralty Sessions And The Background To Later Colonial Jurisdiction, M. J. Prichard
Crime At Sea: Admiralty Sessions And The Background To Later Colonial Jurisdiction, M. J. Prichard
Dalhousie Law Journal
The conference program describes the legal history of Nova Scotia as terra incognita. Whether this is so for the province's own inhabitants is not a question that someone from the other side of the Atlantic should presume to judge, since ignorance there is not limited to the legal history of Nova Scotia but extends to colonial legal history generally. We have, I fear, been intimidated by the task, and we have tended to leave each erstwhile colony to trace its own legal history. I comfort myself, therefore, with the thought that any transatlantic contribution is likely to be a modest …
Relations Between The Maritimes And The Supreme Court Of Canada: The Patterns Of The Early Years, James G. Snell
Relations Between The Maritimes And The Supreme Court Of Canada: The Patterns Of The Early Years, James G. Snell
Dalhousie Law Journal
When establishment of a supreme court for the young Canadian Confederation was first mooted after 1867, reaction in the Maritimes was strikingly positive. The Halifax Morning Chronicle, for example, which by no means was yet reconciled to the new British North American union and which saw the court quite accurately as "securing and centralizing the judicial authority in Canada," nevertheless conceded the indispensability of such an institution: If this Confederation continues to exist of course such a court will be a necessity. There must be a central and paramount authority and other things being favourable we would support the bill …
On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C.
On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C.
Dalhousie Law Journal
The subject of the present inquiry, is to point out the origin and sources of the laws in force in Nova Scotia, in other words, the rules by which we are to be guided in ascertaining what portions of the English Common and Statute Law, and decisions of the British courts, are to be held obligatory in the tribunals of justice in this province. Blackstone informs us, that in conquered and ceded countries that have already laws of their own, the King may alter and change those laws; but until he does actually change them, the ancient laws of the …
Federal State Clauses And The Conventions Of The Hague Conference On Private International Law, H. Allan Leal O.C., Q.C.
Federal State Clauses And The Conventions Of The Hague Conference On Private International Law, H. Allan Leal O.C., Q.C.
Dalhousie Law Journal
Dean Read would have been pleased, I believe, with this year's events since Canada has ratified The Hague Convention on the Civil Aspects of International Child Abduction.' This is a first for Canada in its participation in The Hague Conference on Private International Law. Dean Read worked hard and effectively to promote Canada's participation in that Conference and he was the Atlantic regional representative on the Canadian delegation to the first plenary session attended by Canadian delegates in 1968. I had the honour to work with him at that time and to be closely associated with him for many years …
Teaching Law Ethically: Is It Possible?, Mary Jewell
Teaching Law Ethically: Is It Possible?, Mary Jewell
Dalhousie Law Journal
In the past few years the public has been deluged with a constant barrage of unfavourable articles, newsreels, television shows, movies, books, and commentaries about lawyers. This constantly increasing quantity is infinitesimal in size when compared to the vast array of material written by legal educators in the last thirty years. If it can be accepted that the popular press represents to some extent the voice of the people, it may be suggested that society is trying to say something about its lawyers and the role they play in society. The message is clear and unequivocal: lawyers are not nice …
Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan
Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan
Dalhousie Law Journal
In a 1982 law review article Professor David Mullan proposes that we adopt the identification of inconsistency as a basis for judicial review of administrative action.1 On its surface such a proposal may not seem revolutionary. The concept of precedent and rule-oriented decision-making is fundamental to common notions of justice. Arbitrariness in official action offends the rule of law. Hence to resist such a proposal may not seem at the outset a very popular task, especially if the alternative is to tolerate inconsistent administrative action. But it is not the popularity or the unpopularity of the undertaking which is troubling, …
Computer Retrieval – Drawing The Line?, Paul Thomas
Computer Retrieval – Drawing The Line?, Paul Thomas
Dalhousie Law Journal
The Master of the Rolls in England, Sir John Donaldson, said recently that he feared the use of a proliferation of useless materials from computers in presentations before the Court. He was probably echoing what Lord Diplock had to say for the House of Lords in Roberts Petroleum Ltd. v. Bernard Kenny Ltd. (in liquidation).1 In a lengthy per curiam speech, Lord Diplock in that case commented on the use sought to be made in the House of Lords and the Court of Appeal of previous unreported Court of Appeal judgments. The transcripts of shorthand notes of oral judgments rendered …
Compensation For Victims Of Crime: Trends And Outlooks, Richard Murphy
Compensation For Victims Of Crime: Trends And Outlooks, Richard Murphy
Dalhousie Law Journal
Modem day western society has only recently begun to pay attention to the plight of the innocent victims of crime. Statutes have been enacted to provide financial compensation to a victim, his dependents or someone responsible for his maintenance, for the suffering and losses that invariably follow from acts of violence. The two basic aims of compensation have been identified as the need to sustain public trust (in that societies core values should be protected) and the desire to demonstrate a concern for individual rights and well being.1 In this paper I shall examine the historical outlook on these compensation …
Compensation For Pension Benefit Losses In Unlawful Dismissal, G. England, E. Gardner
Compensation For Pension Benefit Losses In Unlawful Dismissal, G. England, E. Gardner
Dalhousie Law Journal
This paper describes, firstly, how the "real-world" pension benefit losses of an unlawfully dismissed employee are dictated by three main variables: the benefit structure of the plan; the legal structure of the plan; and the employee's position in the labour market. Secondly, it shows that the common law measure of damages in a wrongful dismissal action fails to compensate adequately those losses. In contrast, the measures of damages in collective agreement arbitration, and in adjudication pursuant to section 61.5 of the Canada Labour Code' create the potential for a more realistic approach to compensating the employee for his "real-world" losses. …
Territorial Jurisdiction Of Municipal And Regional Police Personnel In New Brunswick, B. Richard Bell
Territorial Jurisdiction Of Municipal And Regional Police Personnel In New Brunswick, B. Richard Bell
Dalhousie Law Journal
In a free and democratic society, it is essential that citizens know beyond any doubt the territorial jurisdiction of police officers who may attempt to deprive them of their liberty. It is equally as important for police officers to know with certainty their territorial jurisdiction. Recent cases from the Court of Queen's Bench of New Brunswick and the Court of Appeal reflect the uncertainty in this area of the law. Any analysis of this issue must commence with the case of Regina v. Soucy (1975) 11 N.B.R. (2d) 75 (C.A.). In Soucy, the accused had been stopped by a Rothesay …
The Principle Of Analogy In Sino-Soviet Criminal Laws, Dana Giovannetti
The Principle Of Analogy In Sino-Soviet Criminal Laws, Dana Giovannetti
Dalhousie Law Journal
"Analogy" is a principle of substantive criminal law which permits the conviction of an accused despite the absence of any defined criminal behavior.' If the actions of the accused are perceived to be inimical to the socio-political order then he may be found guilty of a defined crime which prohibits analogous behavior. Analogy may also be employed in a more restrained fashion as a principle of sentencing law. If the accused has committed a defined crime which is now perceived to be more deleterious his punishment may exceed the maximum legislatively mandated sentence. Analogy is, therefore, one method of defining …