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1983

Journal

Dalhousie Law Journal

Articles 1 - 30 of 38

Full-Text Articles in Law

Corporate Governance And Minority Rights, A. J. Maclntosh Oct 1983

Corporate Governance And Minority Rights, A. J. Maclntosh

Dalhousie Law Journal

Anglo-American corporate law has developed on the premise that ordinarily the majority is entitled to rule. Nevertheless, the courts have recognized the dangers in permitting tyranny by the majority and have given relief in cases where they believed the majority was clearly abusing its powers. Courts have had little difficulty in doing this where it was clear that the majority was practising fraud in the sense that it was appropriating to itself property or benefits which, in the view of the courts, belonged to the corporation or, as it was sometimes put, to the body of shareholders as a whole. …

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Canada's Arctic Jurisdiction In International Law, Donat Pharand Oct 1983

Canada's Arctic Jurisdiction In International Law, Donat Pharand

Dalhousie Law Journal

The purpose of this study is to make a brief overview of Canada's jurisdiction in the arctic regions, jurisdiction which has developed since the transfer of the Arctic Islands to Canada by Great Britain in 1880. The study will concentrate on Canada's jurisdiction over the water areas of the Arctic, but will also cover the status of the other areas involved. More specifically, the areas to be covered are: 1) the islands; 2) the continental shelf; 3) the waters in general; 4) the Northwest Passage; and 5) the airspace.

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Extrinsic Evidence And Statutory Interpretation: Judicial Discretion In Context, W. H. Charles Oct 1983

Extrinsic Evidence And Statutory Interpretation: Judicial Discretion In Context, W. H. Charles

Dalhousie Law Journal

... the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence. ' This prediction was made by the Honourable Brian Dickson, a Justice of the Supreme Court of Canada, in an address in 1979. His statement concerns a problem that has haunted Canadian, English, and commonwealth courts for years, namely, how far beyond the actual words of the statute itself is it permissible for courts to roam in their efforts to interpret legislation? Put …

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A Case Study In Tax Reform: The Principal Residence, Edwin C. Harris Oct 1983

A Case Study In Tax Reform: The Principal Residence, Edwin C. Harris

Dalhousie Law Journal

For most Canadians, "tax reform", in the abstract, is almost a motherhood issue: of course we're in favor of it, particularly if we are referring to that most obtrusive and resented of taxes, the income tax. In fact, as of the end of 1983, we shall have lived twelve years under an income tax r6gime that the federal government was pleased to call "tax reform". Why, then, should there be at least as much clamor for changes to the income tax now as there was in the early 1960s, when the federal government of the day felt impelled to appoint …

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Property In The Welfare State, Michael Macneil Oct 1983

Property In The Welfare State, Michael Macneil

Dalhousie Law Journal

A primary goal of the welfare state is to promote individual dignity by guaranteeing a decent standard of living for all. The individual's ability to achieve a sense of self-worth turns on the opportunity to participate in, and contribute to, society in a meaningful fashion. Achievement of such goals is seriously undermined for those who do not have their basic needs guaranteed; shelter, food, health, and education are vital interests of the individual which, if not available in sufficient quantity or quality, hamper or make impossible the opportunity to achieve self-dignity and respect. The instruments for guaranteeing the substratum of …

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Home Rule For Women: Power-Sharing Between Men And Women, Christine Boyle Oct 1983

Home Rule For Women: Power-Sharing Between Men And Women, Christine Boyle

Dalhousie Law Journal

This paper is about the Canadian electoral system and the need for reform of its constituent units. Canadian politics have been remarkable for the comparative lack of interest that has been displayed in this aspect of the system, an aspect that is of great importance in any democratic society. In 1949, a speaker at the annual meeting of the Canadian Political Science Association in Halifax summed up the situation as follows: The basic units of representation . . . the constituencies, are thus conceived in the darkness of a legislative committee, and born to blush unseen on an electoral map …

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Energy From Canada's Frontier: A Fading Dream?, John Bishop Ballem Q.C. Oct 1983

Energy From Canada's Frontier: A Fading Dream?, John Bishop Ballem Q.C.

Dalhousie Law Journal

By the end of the present century, oil and gas from Canada's frontier should comprise a substantial proportion of our total energy supply. The economic activity generated by the huge capital investments required to utilize these resources should have done much to improve Canada's economy. However, whether these desirable goals will, in fact, be achieved is still very much an open question. Ordinarily, the fundamental uncertainty in dealing with oil and gas concerns whether or not these elusive substances actually exist in the area being searched. In the case of frontier oil and gas, however, the real question is not …

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Legal Competence Yesterday And Tomorrow, Leon E. Trakman Oct 1983

Legal Competence Yesterday And Tomorrow, Leon E. Trakman

Dalhousie Law Journal

Attacks have been lodged against the legal profession for many years, indeed, since even before Shakespeare commented in Henry VI, "The first thing we do, let's kill all the lawyers." However, it is only more recently, with the growth of mass education and public awareness and with technological advances, that suspicions of the incompetence of lawyers has arisen again with a vengeance. Some would credit this new trend to the condemnation of alleged incompetence among trial lawyers by Chief Justice Burger of the American Supreme Court. But to limit the attack on lawyers to this Chief Justice is to ignore …

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Renewing Our Renewable Forest Resource: The Legislative Framework, Peter A. Love Oct 1983

Renewing Our Renewable Forest Resource: The Legislative Framework, Peter A. Love

Dalhousie Law Journal

Since the first settlers arrived on Canada's shores, the forests have been looked to as a major source of economic activity and wealth. Year after year and decade after decade, Canadians have gone to the woods to fell trees in order to satisfy the ever-increasing demands of both the country and the world. In the nineteenth century, the magnificent pine and oak timber of eastern Canada, highly prized as lumber for construction and ship building, was the first to be depleted.' The beginning of the twentieth century saw the loggers moving north and west as the demand for paper and …

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The Effect Of A Post-Occurrence Change Of Domicile Upon A Choice Of Law Determining The Validity Of Other-Insurance Clauses In An Accident Policy, Moffatt Hancock Oct 1983

The Effect Of A Post-Occurrence Change Of Domicile Upon A Choice Of Law Determining The Validity Of Other-Insurance Clauses In An Accident Policy, Moffatt Hancock

Dalhousie Law Journal

The state has a legitimate interest in applying a rule of decision to... litigation only if the facts to which the rule will be applied have created effects within the state for which the state's public policy is directed. To assess the sufficiency of asserted contacts between the forum and the litigation, the court must determine if the contacts form a reasonable link between the litigation and a state policy. Mr. Justice Powell' I. Facts of the Hague Case Like many hundreds of his fellow countrymen, Ralph Hague (with his wife Lavinia) made his home in one state, Wisconsin, and …

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Law Schools Under Attack, D. A. Soberman Oct 1983

Law Schools Under Attack, D. A. Soberman

Dalhousie Law Journal

We are in danger of losing the creative tension in Canadian legal education, a creative tension that has made the enterprise worthwhile. Let me explain this rather large claim. The academic study of law has a long history of close association with universities of the western world. Law was a founding faculty at the University of Bologna and formed part of all the great early universities of mediaeval Europe. Despite the fact that many students in these universities today do go on to careers in law, the study of law remains an undergraduate liberal discipline for large numbers who do …

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Fairness In The Allocation Of Housing: Legal And Economic Perspectives, A. Wayne Mackay, Margaret Holgate Oct 1983

Fairness In The Allocation Of Housing: Legal And Economic Perspectives, A. Wayne Mackay, Margaret Holgate

Dalhousie Law Journal

Housing is an emotional, almost religious, topic. Indeed, even church groups have been active in promoting public housing in Canada and elsewhere.' The housing market has also become a battleground for a struggle between vested property interests and citizens' groups which insist upon a redefinition of the right to shelter. Organizations, such as the Toronto-based People's Housing Coalition, Halifax's Access Housing Services Association, and a host of tenants' unions, ensure that housing problems are not hidden from public scrutiny. Developers and landlord associations have risen to the challenge and, under the banner of free enterprise, they steadfastly resist any charges …

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Mens Rea In Corpore Reo: An Exploration Of The Rapists Charter, M. R. Goode Oct 1983

Mens Rea In Corpore Reo: An Exploration Of The Rapists Charter, M. R. Goode

Dalhousie Law Journal

The issue of rape has long been at the forefront of the feminist movement. Legal doctrine and legal procedure relevant to rape have been strongly attacked by a variety of critics.' The most obvious recent trend has been a movement from the traditional liberal concern with the protection of the accused from unjustified conviction, to victim-oriented efforts which are designed to ensure that the number of guilty offenders who evade responsibility for rape is reduced as much as possible. 2 The bases of calls for victim orientation have ranged from the view, most eloquently expressed by Susan Brownmiller, that the …

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The Take-Over Bid By Private Agreement: The Follow-Up Offer Obligation, Bruce Bailey, Purdy Crawford Oct 1983

The Take-Over Bid By Private Agreement: The Follow-Up Offer Obligation, Bruce Bailey, Purdy Crawford

Dalhousie Law Journal

The acquisition of control of a public corporation by the private purchase of shares from a controlling shareholder' or a control group has been one of the most controversial issues in corporate and securities law and has been the subject of a continuing debate. 2 The purchase of corporate control raises the fundamental issue of the extent to which a controlling shareholder should be permitted to dispose of his shares at a premium without sharing the premium with minority shareholders. Securities law in the United States does not require equal treatment where control is acquired by private agreement, 3 but …

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Canada And The Challenge Of Foreign Investment: The First Decade Of Foreign Investment Review, Brian Derrah Oct 1983

Canada And The Challenge Of Foreign Investment: The First Decade Of Foreign Investment Review, Brian Derrah

Dalhousie Law Journal

The enactment of the Foreign Investment Review Act did not halt the evolution of foreign investment policy, nor did the creation of the Foreign Investment Review Agency (FIRA) end the foreign investment problem. For many, the agency became part of the problem. Now, a decade since its inception, FIRA operates in one of the few areas of government endeavour that has no statutorily developed foreign investment policy. The effectiveness of the agency as an articulator and implementor of foreign investment policy requires evaluation. This paper will review the Canadian government's response to the foreign investment challenge - the development of …

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Regulatory Reform And The National Energy Board, J. M. Hendry Oct 1983

Regulatory Reform And The National Energy Board, J. M. Hendry

Dalhousie Law Journal

Government regulation has been increasing rapidly for the past five decades. At present, boards, commissions, and other variously named administrative agencies pervade nearly every phrase of the nation's economic and social activity. At the federal level, these groups are involved in formulating economic policy; they control the construction and operation of pipelines and other means of transport; they supervise most facets of the telecommunications and broadcasting industries; they regulate, in many ways, the exploration for and manufacturing and marketing of raw materials. At the provincial level, they are concerned with labour relations, education, and the use of property. In addition, …

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The Acquisition Of National Parkland: A Challenge For The Future, Rosemary E. Nation Oct 1983

The Acquisition Of National Parkland: A Challenge For The Future, Rosemary E. Nation

Dalhousie Law Journal

Since the inception of a national park system in Canada, land acquisition for national parks has been sporadic and is now at a virtual standstill. In 1930, when legislation was introduced to designate national parks and govern their use, fourteen parks areas had been established.' Four parks were set up between 1930 and 1968, and seven parks and three national park reserves were established between 1968 and 1982. With the exception of the establishment of Grasslands National Park in Saskatchewan in 1982, there has been no further expansion to date. Thus, there are currently twenty-six national parks and three national …

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The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman Oct 1983

The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman

Dalhousie Law Journal

In many areas of Canadian law, the British influence has been pervasive, but in no area has it been more so than in merchant shipping law. Great Britain have long been a seafaring nation and British prosperity and pride have long rested on maritime achievements. Great Britain controlled almost all aspects of colonial merchant shipping, and thus prevented the development of an autonomous Canadian foundation in maritime law. The British influence over Canadian merchant shipping legislation remained pervasive after Confederation and contributed to the failure of Canada to develop a merchant marine, despite Canada being one of the major users …

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The Parole Board: What Liability To Victims?, Keith Jobson Oct 1983

The Parole Board: What Liability To Victims?, Keith Jobson

Dalhousie Law Journal

What is the legal position of a victim of crime who is assaulted and severely injured by a person on parole release? The victim, of course, has a right to sue his or her assailant personally in tort for damages, but does the victim have a right to sue the prison and parole agencies for negligence in releasing or in supervising the offender? The victim's right to recovery against the authorities requires an examination of the right to damages in an action in negligence under the common law, as well as consideration of a possible remedy under the Charter of …

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The Common Law In The Twentieth Century, A. J. Stone Q.C. Oct 1983

The Common Law In The Twentieth Century, A. J. Stone Q.C.

Dalhousie Law Journal

Comparing the judicial with the legislative approach to law-making is the stuff of academic debate. I do not propose to enter upon that debate in this short discussion, except to concede that each approach has its strengths, each its weaknesses, and each its separate role. My purpose is, rather, to examine the making of law by the judiciary as it illustrates the inherent capacity of the common law for change and for growth in a dynamic society. This century has seen several extraordinary developments of the common law in Canada, England, and the United States, the leading example of which …

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Sir William R. Meredith C.J.O.: The Search For Authority, R. C.B. Risk Oct 1983

Sir William R. Meredith C.J.O.: The Search For Authority, R. C.B. Risk

Dalhousie Law Journal

This paper is a study of the judicial mind of Sir William R. Meredith, especially his beliefs about the common law and statutes. I offer it as a tribute to John Willis, with respect for his humane and restless mind, and with gratitude for all that he taught me. I am especially grateful for so many long talks on Sundays, when I had just begun to teach and he had been acknowledged for decades to be a great teacher, and we were both worried about Monday's classes. I discovered only slowly how much I learned listening to him struggling to …

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From Representation By Population To The Pursuit Of Elegance, Peter J. T. O. Hearn Oct 1983

From Representation By Population To The Pursuit Of Elegance, Peter J. T. O. Hearn

Dalhousie Law Journal

Will the Canadian people be content with the present format of our recently won constitution? I do not think so. The obstacles to any further changes are indeed formidable, but they were equally formidable in the cases of the changes that have been achieved. In those cases, a popular will was at work which was spurred by the energy of a near-coalition of aggrieved groups, but which gently forced these energies into the formation of a more moderate working consensus. It is true that the consensus is a crippled one, especially concerning Quebec, and several problems will have to be …

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Directing The Development Of A University Centre Of Criminology, John Li. J. Edwards Oct 1983

Directing The Development Of A University Centre Of Criminology, John Li. J. Edwards

Dalhousie Law Journal

The original sod out of which the University of Toronto's Centre of Criminology grew was a proposal that I drew up while teaching a course in criminology as part of the LL.B. curriculum in the Faculty of Law at Dalhousie University in 1958-59.1 The proposal reviewed the extent of criminological teaching and research in Canada, and drew particular attention to the lack of implementation of the recommendations of the Fauteux Committee - a committee established in 1956 by the Canadian federal government to study the country's penal system and to make recommendations for change and improvement. 2 In its report, …

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"Electronic Shock": The Impact Of Computer Technology On The Practice Of Law, B. B. Lockwood Oct 1983

"Electronic Shock": The Impact Of Computer Technology On The Practice Of Law, B. B. Lockwood

Dalhousie Law Journal

This article was written on a computer by a practitioner of law of thirty years' standing. In all that time I have rarely used a typewriter, and then only in an emergency during the dark reaches of a late night. What has changed? Why not dictate this? Wouldn't a secretary do it faster? . . . and better? The answers are: a home computer now sits on the desk in my study; for me, it's much easier and surer to edit text I can see; and, even with a good secretary, it is easier and faster to review and edit …

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Workers Compensation: The Historical Compromise Revisited, Dianne Pothier Apr 1983

Workers Compensation: The Historical Compromise Revisited, Dianne Pothier

Dalhousie Law Journal

This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept. - Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981 In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …

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Developments In Legal Education At Mcgill, 1970-1980, J. E. C. Brierley Apr 1983

Developments In Legal Education At Mcgill, 1970-1980, J. E. C. Brierley

Dalhousie Law Journal

In order to trace the developments in legal education at McGill during the last decade, it is first of all necessary to recall the principal initiatives which occurred in the 1950s and 1960s. These were, in chronological order, the creation of the Institute of Air & Space Law in 1951 and the offering of higher degrees in that speciality; the creation of the Institute of Comparative Law in 1965 to give particular focus to graduate work at McGill in fields other than air and space law; and the institution, in 1968, of a programme of undergraduate study leading to the …

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Teaching The Common Law In The French Language, Michel Bastarache Apr 1983

Teaching The Common Law In The French Language, Michel Bastarache

Dalhousie Law Journal

There are many difficulties associated with the setting up of a new law school; these difficulties were compounded at the Universit6 de Moncton with considerations relative to the language of instruction, the particularities of the clientele, it being relatively small and unconcentrated geographically, the lack of a legal tradition in French language communities outside of Quebec. My purpose here is not to analyse in a general way the experience of the last four years at the Universit6 de Moncton, but to consider only one aspect of this experience, the one which is the most often put to me in the …

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Law At Western: 1968-1982, Philip Slayton Apr 1983

Law At Western: 1968-1982, Philip Slayton

Dalhousie Law Journal

How to assess a decade or more at a law school? Bare facts - the numbers of students and professors, growth in budgets, courses added and dropped, etc. - have the advantage of objectivity (colleagues cannot disagree even were the facts uncongenial), but will leave some important things unsaid. For example, what have been "environmental" advantages and disadvantages, and how has the School responded to them? And what has been the change in the quality of the School's endeavours; especially, has the Faculty become better? These questions -and particularly the second - are not easy to address. A law school's …

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La Facultd De Droit De I'Universitd Laval De 1970 A Nos Jours, Ivan Bernier Apr 1983

La Facultd De Droit De I'Universitd Laval De 1970 A Nos Jours, Ivan Bernier

Dalhousie Law Journal

La Facult6 de droit de l'Universit6 Laval, depuis le tout debut des ann6es 1970, se trouve engag6e dans une transformation en profondeur de ses structures, de son programme et de ses orientations. Trois p6riodes peuvent 8tre distingu6es dans cette 6volution r6cente. La premi6re, qui recoupe en gros les ann6es 1970-1975, concerne essentiellement les structures de l'enseignement de ler cycle. La seconde, qui s'6tend de 1975 A 1980, peut 8tre consid6r6e comme une p6riode de consolidation. Enfin la trosi~me, qui d6bute avec la nouvelle decade, en est une de remise en question de son programme et de ses orientations.

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Revision And Codification Of Penal Law In The United States, Herbert Wechsler Apr 1983

Revision And Codification Of Penal Law In The United States, Herbert Wechsler

Dalhousie Law Journal

I am honored by the invitation to address you and happy to join in. your tribute to the memory of Horace Read. Dean Read was a pioneer in the perception that this is d legislative age, one of the greatest legislative eras of all time. He was concerned that lawyers be equipped to deal effectively with the ever growing corpus of the statutory law and he made valuable contributions to that end. Whether the larger legislative role in the development of law that he depicted and foresaw was a phenomenon that he regarded with approval or regret, I must confess …

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