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Articles 1 - 8 of 8
Full-Text Articles in Law
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
The Union alleges that the Employer designated certain wicket positions as "bilingual imperative" without regard to the staffing requirements of the Collective Agreement. The Employer claims that this action was required according to official recommendations by the Commissioner of Official Languages, acting under the Official Languages Act. Employees being promoted to, or transferred into, designated wicket positions must be bilingual. The Union argues that the Employer is bound to assign positions on the basis of seniority under the Collective Agreement. Their position is that the Commissioner's recommendations do not have the force of law and the Employer is able to …
Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott
Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott
Innis Christie Collection
This is the determination of an Arbitration Committee established to hear and determine whether or not the grounds for the President's recommendation for the dismissal of Lucinda Vandervort, a tenured Associate Professor, are established and, if established, whether or not they constitute good and sufficient cause for dismissal. The Committee has already issued an interim decision that, even if established, the grounds for the President's recommendation for dismissal do not constitute good and sufficient cause for dismissal and Professor Vandervort has been fully reinstated pending this determination. We advised the parties of our conclusion to that effect after the University …
Cease And Desist Orders, Innis Christie
Cease And Desist Orders, Innis Christie
Innis Christie Collection
Cease and desist orders: practice and procedure. The issue of an interim cease and desist order in the context of an illegal strike is a very speedy procedure in Nova Scotia. Regulation 24 simply provides that where a complaint is made under section 49 "Form 14 shall be used...". Section 49(1) of the Act provides that "any person who claims to be involved in or affected by" an illegal work stoppage may make a complaint to the Board. Normally, of course the complainant will be an employer, and by Form 14 the complainant will request the Board to issue an …
Brent Cotter Resigns From Dal Law Faculty, Innis Christie
Brent Cotter Resigns From Dal Law Faculty, Innis Christie
Innis Christie Collection
Brent and Sandra Cotter have decided to make permanent, or at least long-term, their move back to their native Saskatchewan. After two years on leave from Dal Law School, the former Associate Dean, Dal Legal Aid Director and long-time Chair of the Admissions Committee has resigned, to continue to serve as Deputy Attorney General of Saskatchewan, a post he has held for the last two years.
Mapping Legal Theory, Richard F. Devlin Frsc
Mapping Legal Theory, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In this essay, the author briefly outlines recent trends in Canadian jurisprudence. Beginning with a brief overview of the classical jurisprudential debate between natural lawyers, legal positivists, and legal realists, the author then provides an introduction to a new theoretical tradition which he terms "Artifactualism", as well as a survey of contemporary ''Artifactualist Jurisprudence". He argues that there has been a significant theoretical shift away from the classical conceptualization of law as morality (as embodied in natural law, and challenged by legal posltlvism and legal realism), toward the conceptualization of law as politics (as promulgated by artifactualism). This new conceptualization …
Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part Ii, Richard F. Devlin Frsc
Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part Ii, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In recent years legal scholars have drawn upon the insights of postmodernism and deconstruction as methods for the interpretation of legal texts. In this article the author attempts to assess the work of Baudrillard, Derrida and Lyotard not merely as interpretative strategies but as potential socio-legal theories. In order to ground the analysis, the author locates the assessment in the context of the hunger strike by Irish prisoners in 1981. Drawing on the insights of postmodernism and deconstruction the author proposes that the fast can be understood as the erruption of a pre-colonial juridical consciousness by means of which the …
Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part I, Richard F. Devlin Frsc
Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part I, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In recent years legal scholars have drawn upon the insights of postmodernism and deconstruction as methods for the interpretation of legal texts. In this article the author attempts to assess the work of Baudrillard, Derrida and Lyotard not merely as interpretative strategies but as potential socio-legal theories. In order to ground the analysis, the author locates the assessment in the context of the hunger strike by Irish prisoners in 1981. Drawing on the insights of postmodernism and deconstruction the author proposes that the fast can be understood as the erruption of a pre-colonial juridical consciousness by means of which the …
A Choice For K'Aila: Child Protection And First Nations Children, Jocelyn Downie
A Choice For K'Aila: Child Protection And First Nations Children, Jocelyn Downie
Articles, Book Chapters, & Popular Press
K'aila's story raises serious questions about child protection and First Nations children. Was it appropriate that a non-First Nations social services agency made the initial assessment of whether K'aila was in need of protection, that a non-First Nations court had the power to decide whether K'aila was in need of protection, and that Francois and Leslie's decision was held to a non-First Nations standard of care? Was K'aila well-served by the child welfare system?