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Full-Text Articles in Law
Canadian Perspectives On Animals And The Law, Sabrina Tremblay-Huet
Canadian Perspectives On Animals And The Law, Sabrina Tremblay-Huet
Dalhousie Law Journal
It is commonplace to affirm that animal law is much more developed in the United States than in Canada; animal abuser registries are being implemented,' animal law degrees are offered,2 and prosecutions ofanimal abusers occur frequently,3 for example. However, the tide is changing in Canada as well, the legal norms and case law becoming increasingly aligned with the social norms surrounding the treatment of animals. An example ofthis is the recent adoption by Quebec ofa new status for animals in its Civil Code, the Loi visant 1'amiliorationde la situationjuridiquede l'animal, adopted on December 4th, 2015.' There are also new challenges …
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 …
Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle
Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle
Dalhousie Law Journal
In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.
Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn
Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn
Dalhousie Law Journal
This article examines the issue of mandatory reporting of wife assault' by health care professionals. Should a health care professional who believes that a patient is being abused by her partner have a legal duty to report that belief, and the information on which it is based, to a designated government ministry or department?2 Such reporting is already required for cases of suspected child abuse and, in one province, for suspected abuse of adults who are mentally or physically unable to protect themselves from the abuse.
The Use And Abuse Of Inquiries: Do They Serve A Policy Purpose, Willard Estey
The Use And Abuse Of Inquiries: Do They Serve A Policy Purpose, Willard Estey
Dalhousie Law Journal
Professor Wade MacLauchlan: We have the great pleasure of being joined by Mr. Justice Willard Estey who, among other things, sits on the Supreme Court of Canada. As regards his involvement with commissions of inquiry, Mr. Justice Estey is eminently qualified to speak from many different experiences as advocate and counsel for various interests before commissions of inquiry during his long period as a busy practitioner. As well, during that period he served as counsel to a variety of commissions. Since going to the bench, he has conducted three inquiries; into the Steel Industry in Ontario, into Air Canada and, …