Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (4)
- Civil Rights and Discrimination (3)
- Constitutional Law (2)
- Courts (2)
- Family Law (2)
-
- Indigenous, Indian, and Aboriginal Law (2)
- Sexuality and the Law (2)
- Torts (2)
- Banking and Finance Law (1)
- Criminal Law (1)
- Entertainment, Arts, and Sports Law (1)
- Immigration Law (1)
- Jurisprudence (1)
- Legal Ethics and Professional Responsibility (1)
- Military, War, and Peace (1)
- Natural Resources Law (1)
- Institution
Articles 1 - 19 of 19
Full-Text Articles in Law
Mr. Justice Roland Ritchie: A Biography, Thomas Stinson
Mr. Justice Roland Ritchie: A Biography, Thomas Stinson
Dalhousie Law Journal
Mr. Justice Roland Almon Ritchie (1910-1988) was the most recent Nova Scotian to have been on the bench of the Supreme Court of Canada, serving for a quarter-century (1959-1984). Judicial biographies in this country are rare enough that any addition to the literature can be justified but Ritchie is an especially intriguing choice. He served on the bench for a long period, there is a wealth of information regarding his formative years courtesy of the published diaries of his older brother, Charles, and he is regarded as the embodiment of conservatism in a court that has frequently been described as …
A Note About In The Rapids, Wendy Whitecloud
A Note About In The Rapids, Wendy Whitecloud
Dalhousie Law Journal
In The Rapids presents the views of the authors regarding First Nations people in Canada and the issues confronting them as individuals, within their nations, and within their communities. Mary Ellen Turpel and Ovide Mercredi are both First Nations Individuals. They share their own points of view and provide information with respect to these issues in their book. Throughout the book the authors share information by canvassing issues like the significance of Treaties to First Nations people; the provisions of the Indian Act and its effects on First Nations people; disputes over lands and resources; the social consequences of the …
Joint Custody As Norm: Solomon Revisited, Alison Harvison Young
Joint Custody As Norm: Solomon Revisited, Alison Harvison Young
Osgoode Hall Law Journal
Most jurisdictions in Canada and the United States have, to a greater or lesser extent, endorsed the notion of joint custody in recent years. The author suggests that-the move toward joint custody has resulted from a combination of two major factors: the notion of parental equality and the application of the best interests of the child test. The growing prominence of equal parental rights has created a strong temptation to approach custody as a Solomonic exercise in dividing the children equally between those with equal rights over them. The indeterminacy of the best interests test may readily encourage custody determinations …
Provincial Fiduciary Obligations To First Nations: The Nexus Between Governmental Power And Responsibility, Leonard I. Rotman
Provincial Fiduciary Obligations To First Nations: The Nexus Between Governmental Power And Responsibility, Leonard I. Rotman
Osgoode Hall Law Journal
The Canadian Crown's fiduciary duty to First Nations is entrenched in Canadian Aboriginal rights jurisprudence. More than ten years after the Supreme Court of Canada's decision in Guerin, however, yet to be ascertained are the various emanations of the Crown bound by that duty. This paper argues that both federal and provincial Crowns are properly bound by fiduciary obligations to First Nations. It also suggests that the basis of this assertion may be found in existing jurisprudence, the Canadian Constitution, the spirit and intent of Indian treaties, and in Aboriginal understandings of "the Crown."
Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley
Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley
Dalhousie Law Journal
Sentencing is traditionally regarded as one of the most difficult and challenging functions of the criminal justice system. In arriving at the appropriate sanction to be imposed upon an offender, a court must reconcile the principles and objectives of the criminal law with the criminal act committed, the circumstances surrounding its commission, and the character of the offender who committed it. The court must, with the guidance of a few abstract, broadly philosophical, and often contradictory principles of sentencing, decide upon a sanction which is appropriate in the very concrete and factually specific case within which it is presented. This …
The Revival Of Tort Theory In Canada, Jamie Cassels
The Revival Of Tort Theory In Canada, Jamie Cassels
Dalhousie Law Journal
Tort scholarship in Canada has not traditionally been preoccupied with theory. Apart from several fine (doctrinally oriented) texts, by far the greatest amount of tort writing found in the journals is ad hoc and responsive to current is sues. It consists for the most part of case comments or 'recent development' articles inspired by important decisions from higher courts. Beyond this, a number of substantive topics and problem areas have recently been dealt with in some detail. There is alarge amount of literature, for example, on the liability of public authorities and professionals, sporting injuries, asbestos and environmental liability, and …
Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse
Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse
Dalhousie Law Journal
Viola Desmond's courageous efforts to eliminate racial segregation are not as well known to Canadians in general. However, the legal response to Viola Desmond' s challenge provides one of the best examples of the historical role of law in sustaining racism in Canada.
Fundamental (In)Justice: The Deportation Of Long-Term Residents From Canada, Russell P. Cohen
Fundamental (In)Justice: The Deportation Of Long-Term Residents From Canada, Russell P. Cohen
Osgoode Hall Law Journal
Under the Immigration Act, permanent residents and illegal immigrants may, for a number of reasons, be deported from Canada for life. Even after residing in this country for many years, immigrants without the formality of citizenship enjoy only a limited right to remain. The author argues that deportation violates an immigrant's right to life, liberty and security of the person under section 7 of the Charter. And where that person has established fundamental connections with Canada, through family relations, education, employment, culture, etc., deportation, moreover, is not in accordance with the principles of fundamental justice. In determining the principles of …
The Evolution Of Coordinate Precedential Authority In Canada: Interprovincial Citations Of Judicial Authority, 1922-92, Peter Mccormick
The Evolution Of Coordinate Precedential Authority In Canada: Interprovincial Citations Of Judicial Authority, 1922-92, Peter Mccormick
Osgoode Hall Law Journal
It comes as no surprise that the provincial courts of appeal frequently cite as authority the decisions of the Supreme Court of Canada or the prior decisions of the court of appeal itself. However, the citation practices of these courts also show (emerging before, and persisting after, 1970) a striking reliance on their counterparts in other provinces. Both the simple existence of this interprovincial conversation and the details of its provenance-such as the dominance of Ontario, the persistent isolation of Quebec, the recent emergence of British Columbia-constitute an important and distinctive element of judicial decision making in Canada.
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Dalhousie Law Journal
The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …
Simple Calculations To Reduce Litigation Costs In Personal Injury Cases: Additional Empirical Support For The Offset Rule, R. A. L. Carter, John P. Palmer
Simple Calculations To Reduce Litigation Costs In Personal Injury Cases: Additional Empirical Support For The Offset Rule, R. A. L. Carter, John P. Palmer
Osgoode Hall Law Journal
This article demonstrates that if the nominal rate of interest equals the growth rate of nominal earnings, then a strong case can be made for calculating lump-sum damage awards by using the offset rule, i.e., by simply multiplying the annual loss by the number of years the loss is expected to continue. An examination of the Canadian data not only supports the offset rule, but also suggests that plaintiffs are being systematically undercompensated by rules currently in use.
Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit
Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit
Osgoode Hall Law Journal
The expression "free and democratic society" is the focus of our research, which sheds light on the contribution of the Supreme Court to the constitutionalization of this concept. Leaving aside the institutional and psycho-social factors, the study confirms the hypothesis that the interpretation of this expression will vary (1) according to the conceptions formerly held by the individual judges and (2) with respect to the factors favoured by a rhetorical Perelman-like analysis, which considers the factual and judicial context and the expectations of both the universal and specific audiences. At the Supreme Court level, the expectations of the latter should …
The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman
The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman
Dalhousie Law Journal
They were not to become an "object of jealously" according to the British and French in 1783. True to this admonition, the French islands of St. Pierre and Miquelon have remained as the uncontested footnotes to France's colonial presence in North America. However, the ocean area and resources adjacent to the French islands became the object of intense jealously, being the centre of a thorny, 25 year international dispute between Canada and France.
Subordination Agreements, Bruce Macdougall
Subordination Agreements, Bruce Macdougall
Osgoode Hall Law Journal
Subordination agreements are not novel concepts in Canadian law, but the PPSAs ensure their more widespread use. Subordination agreements usefully provide flexibility to creditors and consequently permit enhanced access to credit for debtors. The adaptability of the subordination agreement presents difficult legal problems, the most important of which relates to characterization of their legal nature. Other problems include the resolution of multiple subordinations and the question of the enforceability of subordination agreements in bankruptcy. This paper explores those issues and cautions against undue restrictions being placed on either the availability or the characterization of subordination agreements.
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
Dalhousie Law Journal
This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …
A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin
A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin
Dalhousie Law Journal
In the 1990s, "identity" has become the centrepiece of theoretical work in a variety of disciplines. We now know that, in the conditions of late modem (or postmodem) society, identity is complex-it is fragmented, intersected, subject to alteration, socially constructed and it exhibits only a partial fixity at any moment. Most important, identities are to be valued, respected, and understood on their own terms. However, we also have relearned (if we ever forgot) that identities can be dangerous and fatal, especially when they coalesce in the form of nationalism. In this article, I will explore the intersection of nationalism and …
Military Justice: From Oxymoron To Aspiration, Janet Walker
Military Justice: From Oxymoron To Aspiration, Janet Walker
Osgoode Hall Law Journal
The mandate for Charter-based judicial review of military law is now in its second decade. Comparative analysis of the relationship between military law and the civilian judiciary in common law countries reveals that Canadian courts benefitting from this mandate are so placed within the constitutional structure as to be uniquely able to engage in substantive review of the adherence to the principles of fundamental justice by Canadian courts martial. Accordingly, the question of the jurisdiction of military tribunals which has formed the focal point internationally for judicial review is of passing significance in Canada. The yet critical issues of civilian …
Law And Athlete Drug Testing In Canada, Joseph De Pencier
Law And Athlete Drug Testing In Canada, Joseph De Pencier
Marquette Sports Law Review
No abstract provided.
"Artificial Conscience": Professional Elites And Professional Discipline From 1920 To 1950, James A. Smith
"Artificial Conscience": Professional Elites And Professional Discipline From 1920 To 1950, James A. Smith
Osgoode Hall Law Journal
Recent historical studies of the British and American Bars have identified their professional elites' willingness to define and enforce a concept of legal ethics which restricted less fortunate members' ability to practice and less fortunate individuals' ability to obtain legal assistance. This essay applies the thesis to the Canadian Bar's and especially the Law Society of Upper Canada's use of their increasing control over professional discipline from 1920 to 1950. Identifying similar trends in the Canadian profession's evolution, while emphasizing effects rather than intentions, it makes similar conclusions about the Canadian professional elite's use of such powers during this period.