Law Commons^™

Re Andres Wines (Bc) Ltd And United Brewery Workers, Local 300, Innis Christie

Innis Christie Collection

Employee Grievance relating to long-term disability payments.

At the outset of the hearing counsel agreed that I am properly seised of this matter and could proceed as a single arbitrator notwithstanding the fact that art. IX, s. 4, Step 4 of the collective agreement calls for an arbitration board. It was agreed that any objection to a failure to comply with the requirements of the collective agreement in respect of my selection and proceeding as a single arbitrator would be waived.

Re York Farms Ltd, Sardis And Canadian Food And Allied Workers, Local P430, Innis Christie, J Wells, A Hamilton

Innis Christie Collection

Employee Grievance alleging unjust suspension.

Counsel agreed at the outset of the hearing that the board was properly constituted and seised of this matter. It was also agreed by counsel that management would not introduce evidence of the grievor's work record on the understanding that if the board concluded that there was just cause for any discipline there would be no reduction in the three-day suspension.

Re Utah Mines Ltd And International Union Of Operating Engineers, Local 115, Innis Christie

Innis Christie Collection

Employee Grievance relating to holiday pay.

The parties agreed that at all relevant times the grievor, Daniel Richard, was a warehouseman — first aid man, working in the warehouse operation. His birthday fell on September 2, 1980. He started work on August 9, 1979. In that year Labour Day fell on September 2nd and he worked on Labour Day so that in accordance with the collective agreement the following day, September 3rd, was considered to be his birthday holiday. He worked that day as well. On September 3, 1979, the grievor was scheduled to work and did work on the …

Re Burrard Yarrows Corporation, Vancouver Division, And International Brotherhood Of Painters, Local 138, Innis Christie, C Mcintosh, W Yule

Innis Christie Collection

Union Grievance alleging improper contracting out.

The union which is the grievor here is one of 11 unions signatory to the collective agreement with Burrard Yarrows Corporation — Vancouver Division. As an industrial collective agreement this poly-party agreement is somewhat unusual in that it provides for a form of closed shop union security with a role for the union hiring hall. At the same time it makes provision for seniority.

A History Of Dalhousie Law School, L. E. Rozovsky, F. A. Rozovsky

Dalhousie Law Journal

As the author is at pains to tell us at the very beginning, this is not an earth-shaking book. Furthermore, Professor Willis states in his preface that the project was started by the late Dean Emeritus Horace Read and thus is the work of two hands; if Willis himself had originated the project, "The book I should like to have written about the Dalhousie Law School would be something very different from this .. ." At that point, the reviewer felt some unease about the task at hand. He need not have worried: the history is a successful and worthwhile …

Federal Judicial Review Jurisdiction Under The Federal Court Act: When Is A "Federal Board, Commission Or Other Tribunal" Not A "Federal Board, Commission Or Tribunal"?, R. A. Macdonald

Dalhousie Law Journal

The precise scope of the judicial review jurisdiction of the Federal Court has always been a matter of some doubt and controversy.' Over the past decade problems have arisen with respect to federal reviewability of decisions of the Governor-in-Council, 2 of section 96 judges, 3 of Canadian Crown corporations, 4 of various officials in the North-West Territories, 5 and of decision-makers acting pursuant to the federal power over Indians. 6 In many of these cases, seemingly conflicting judicial decisions as to the effect of section 2(g) of the Federal Court Act 7 have been rendered: sometimes courts have been uncertain …

Justification For Residual Criminal Stigmatization: A Contribution To The Modern Philosophy Of Punishment, R. Paul Nadin-Davis

Dalhousie Law Journal

In the past twenty-five years advances in research have increased awareness of the deleterious effects of criminal sanction to an extent that they are now undeniable from any political or academic viewpoint. The most obvious and immediate unofficial sanction accompanying conviction in a criminal court, social and familial ostracism, has been relegated to the background by application of subcultural theory' and empirical demonstration that a single conviction rarely causes severe and lasting effects on family ties. 2 Meanwhile discrimination against ex-offenders in employment markets, both private3 and public, 4 has been clearly demonstrated in many countries. American writers have documented …

Protecting The Built Environment Of Newfoundland And Nova Scotia, Marc C. Denhez

Dalhousie Law Journal

For most Canadians, "environment" is their city or town, where they reside, work, and spend most of their leisure hours. The quality of this urban or semi-urban environment will have a significant impact upon their everyday life, including stress, cultural identity, and sense of historic continuity. Conserving the cultural and aesthetic values represented by the buildings which constitute this environment therefore deserves attention. One way for such buildings to be saved is to be purchased by someone dedicated to their retention; but since it is impossible to thus acquire all valuable buildings, this article looks at alternate approaches. There are …

The Michelin Amendment In Context, Brian Langille

Dalhousie Law Journal

On Friday, December 28, 1979 an Act to Amend Chapter 19 of the Nova Scotia Acts of 1972, The Trade Union Act, received Royal assent. This piece of legislation is commonly (and much more conveniently) referred to as the Michelin Bill, the Michelin Act or the Michelin Amendment.' Its namesake is Michelin Tires (Canada) Limited, the Canadian subsidiary of the large French multinational radial tire manufacturer. It must, and indeed it should, seem odd that a bill amending in general terms an act of general application (the Trade Union Act of Nova Scotia)2 should bear the name of a manufacturing …

The Charting And Safekeeping Of Oceans And Waterways: Legal Implications, P. K. Mukherjee

Dalhousie Law Journal

In the world of shipping and maritime affairs the task of charting the oceans and waterways is one, the indispensability of which cannot be overemphasized. Without nautical charts marine navigation would virtually come to a standstill. The apparent backstage role of chartmakers deserves more attention than is generally accorded them by the beneficiaries of the seas. Chartmaking basically consists of two disciplines, namely, hydrography and cartography. Hydrography is a science dealing with the description of the physical features and conditions of the waters of the earth's surface. Hydrographic surveying is the age-old art of collecting and collating all the data …

Step-Parent Adoptions In Nova Scotia And British Columbia, Wilfred Oppel

Dalhousie Law Journal

The basic purpose of this article is to examine that area of the law which deals with adoption by step-parents. In particular, the law of Nova Scotia and British Columbia will be considered. The approach taken will be to focus on the relevant statute law and selected cases which deal with the subject under scrutiny. Reference will also be made to recent developments in the law relating to adoption in England. Additionally, the latter part of this paper will deal with some alternatives to the granting of adoptions to step-parents. The particular issues and problems raised by step-parent adoptions, however, …

Maritime Law Judgments In Canada – 1979, William Tetley

Dalhousie Law Journal

As in 1978, the jurisdiction of the Federal Court of Canada was the major problem litigated upon in the Courts or at least the major problem reported in 1979.1 The number of jurisdiction cases was nevertheless less than in 1978 when almost half the reported judgments concerned themselves with whether or not the Federal Court had jurisdiction. The reduction in jurisdiction cases was perhaps due to the approach taken by the Supreme Court of Canada in TropwoodA.G. v. Sivaco2 and the efforts of the Federal Court of Appeal to distinguish Quebec North Shore Paper v. C.P. Ltd. 3 and McNamara …

Discretion Of A Trial Judge In Trial To Exclude Otherwise Admissible Evidence, Clayton Hutchins

Dalhousie Law Journal

The divers, and diverse, opinions of the English judiciary over the last quarter of a century as to the existence and scope of the discretion of a trial judge in a criminal trial to exclude evidence had created a state of uncertainty in this area of evidentiary law. That uncertainty has been largely dispelled by the recent decision of the House of Lords in R. v. Sang. The facts are these. Sang was charged with conspiracy to utter counterfeit American banknotes. On his arraignment he pleaded not guilty to the charge. Then, in the absence of the jury, his counsel …

Law For Everyone For The Librarian, Hugh M. Kindred

Dalhousie Law Journal

The problem raised by this subject is one of access to the law.' Encapsulated in my title, Law for Everyone For the Librarian, are three components: the law; the reader with a problem; and you, the librarian. The issue is essentially how to bring the three together, and in my judgment the librarian is the critical link. The equipment you need I have divided into four elements, which I will pose to you as questions: What are the resources? Where are they? How do you get at them? and How can you use them to the reader's benefit?

Hague Conventions And The Reform Of English Conflict Of Laws, Peter M. North

Dalhousie Law Journal

Over twenty years ago, Horace Read said: "The first half of this century has seen the emergence of legislation as the chief instrument of change and innovation in the law".2 True though this comment was in 1959, it has received added force in the common law world, especially in the Commonwealth, by the 'explosion of law reform' 3 which has taken place since the mid-sixties. The creation of permanent statutory law reform agencies has tilted the balance even further towards legislation as the instrument of legal change. This is for two reasons. Despite the occasional judicial attempt to jump the …

Dna Technology: Are We Ready?, R. H. Guthrie

Dalhousie Law Journal

It is a common practice to identify certain historical periods with the name of the most significant technological invention of the time. Thus, we have had an Industrial Revolution, an Age of Steam, the Automotive Age, and so on, up to the Atomic Age. We are now at the crossroads of a new age; the Age of Biology. This new age promises to be every bit as influential in terms of broad social impact as any of its predecessors, and may ultimately profoundly modify the way in which we define our lives. The hallmark of this new age is DNA …

Re Pacific Western Airlines Ltd And Canadian Airline Employees' Association, Innis Christie

Innis Christie Collection

Employee Grievance alleging unjust discipline.

In issue here is the requirement in the company's deportment and grooming rules that its male traffic agents and ramp service agents I wear only black belts and that its traffic agents, both male and female, wear only black shoes. Specifically, the relevant provisions of the company's "Passenger Services Manual" provide for all relevant categories of employee: "Belt — black, individual's choice of supplier"; for male traffic agents: "Shoes — black, leather, conservative styling. Individual's choice of supplier. No platform. Heel must not exceed 5 cms. with a preferred sole of 1 cm.", and for …

Re Board Of School Trustees, School District No 70 (Alberni) And Canadian Union Of Public Employees, Local 727, Innis Christie, M Mearns, S Tzogeoff

Innis Christie Collection

Union Grievance relating to employment of part-time employees.

This arbitration arises out of the implementation by the employer of "Program Chance", the thrust of which is explained in the following excerpts from a schools department circular dated April 21, 1980:

Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron

Articles, Book Chapters, & Popular Press

In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …