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Articles 1 - 12 of 12
Full-Text Articles in Law
A History Of Dalhousie Law School, L. E. Rozovsky, F. A. Rozovsky
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
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
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
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
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
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
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
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
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
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
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 …