Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 26 of 26

Full-Text Articles in Law

The Law Of Police Authority: The Mcdonald Commission And The Mcleod Report, Rosemary Cairns Way Dec 1985

The Law Of Police Authority: The Mcdonald Commission And The Mcleod Report, Rosemary Cairns Way

Dalhousie Law Journal

By the summer of 1977 it was apparent that the Royal Canadian Mounted Police had engaged in unauthorized break-ins and unlawful seizure in their zeal to protect the national security., In response to growing public criticism and concern, then Solicitor-General Francis Fox announced the government's intention to establish a commission of inquiry into the scope and frequency of certain investigative techniques of the national police force. 2 The mandate of the McDonald Commission was to investigate RCMP procedures that were "not authorized or provided for by law". 3 Although the July appointment of the Commission resulted in an announced moratorium …


Duff: A Life In The Law, Della M. M. Stanley Dec 1985

Duff: A Life In The Law, Della M. M. Stanley

Dalhousie Law Journal

According to Donald G. Creighton wrote, "History is not made by inanimate forces and human automatons: it is made by living men and women ... which can best be understood by that insight into character . . . which is one of the great attributes of literary art."' The form of that literary art is the biography, a synthesis of an individual's life, activities, ideas, attitudes and character, placed within an historical context. The biographer must look beyond the public perception into the private life of his subject in hopes of better understanding and explaining his character and actions. That …


La Faculté De Droit De L'Universite De Sherbrooke, Jean-Marie Lavoie Dec 1985

La Faculté De Droit De L'Universite De Sherbrooke, Jean-Marie Lavoie

Dalhousie Law Journal

httLa Faculte de droit de l'Universite de Sherbrooke c~lbrait en 1984 le trenti&me anniversaire de sa fondation. L'occasion est appropriee pour dresser un portrait de 1'&volution de notre institution et degager, si possible, les perspectives de son avenir.


Note On The Measurement Of Governmental Continuity With Its Implications For The Legal Profession, Curtis A. Amlund Dec 1985

Note On The Measurement Of Governmental Continuity With Its Implications For The Legal Profession, Curtis A. Amlund

Dalhousie Law Journal

Because legal practice requires attorneys to apply themselves to the specifics of individual cases, it may be useful to generalize to an idea framework whose object is to measure the level of continuity existing in the legal system within which lawyers function. The relevance is that owing to the nature of the practitioner's work it is necessary that within the governing structure of a country there be present a reasonable level of governmental continuity. The latter is germane to the practice of law, for attorneys can work with adversarial proceedings and cases at suit only if there is certainty about …


John Willis - A Tribute, R. C. B. Risk Dec 1985

John Willis - A Tribute, R. C. B. Risk

Dalhousie Law Journal

John Willis has been respected and loved in the Canadian legal community as a teacher, colleague, and scholar for decades, and one of his articles - Statute Interpretation in a Nutshell' - is probably the best-known single piece of Canadian legal writing. The law about government was his abiding interest and the subject of most of his writing. This article is a study of this writing, especially the writing done during the 1930s. It is primarily part of an undertaking to understand the minds of Canadian lawyers, but it is also a tribute. My conclusion is that this writing was …


Riverlake Residents Association, Nova Scotia Municipal Board, 1985, H. Archibald Kaiser Dec 1985

Riverlake Residents Association, Nova Scotia Municipal Board, 1985, H. Archibald Kaiser

Dalhousie Law Journal

Administrative tribunals seem to go about their business in a manner which does not command much attention outside the coterie of specialists who work in the area. This seems a great pity, as the matters with which such forums deal are often of significance to the public at large. Occasionally a decision will command a broader audience and the public may then see the implications of what goes on behind doors which are only nominally open to all. Riverlake Residents Association' is one decision which has, in its short life, enjoyed intense public scrutiny. 2 The results of this attention …


Marketable Pollution Permits: Their Values, Theory, And Application, D. Fraser Macfayden Dec 1985

Marketable Pollution Permits: Their Values, Theory, And Application, D. Fraser Macfayden

Dalhousie Law Journal

The Economic Council of Canada recently expressed interest in exploring alternatives to the traditional command and control model of pollution control. The marketable pollution permit (MPP) scheme proposed by Dales is one such alternative.' This idea will be examined to assess its potential for practical application. I conclude that the MPP idea has little potential for widespread application. It is not suited to replace the command and control model. There is potential for the supporting principles of the scheme to provide a useful adjunct to current regulatory controls. The issue will be discussed in three sections. The first section will …


The Northwest Passage: Arctic Straits, Ted L. Mcdorman Dec 1985

The Northwest Passage: Arctic Straits, Ted L. Mcdorman

Dalhousie Law Journal

This study, being the seventh volume of the International Straits of the World series and written by a distinguished alumnus of this Law School, is designed primarily for the non-Canadian or Arctic-specialist. Past volumes have covered such straits as Malacca and Singapore, the Northeast Arctic, Baltic, Gibraltar and Hormuz and each provide a discussion of the geography, uses and politics regarding the particular strait, as well as, a discussion of the significant legal issues that arise.


"Whatever Happened To Exempt Property?" An Overview Of The Matrimonial Property Act Of Nova Scotia, Alastair Bissett-Johnson Dec 1985

"Whatever Happened To Exempt Property?" An Overview Of The Matrimonial Property Act Of Nova Scotia, Alastair Bissett-Johnson

Dalhousie Law Journal

As it is five years since the introduction of the Matrimonial Property Act, it may be appropriate before turning to the title of my paper to outline the general philosophy of the Act. The philosophy is to allow either spouse to apply to the court on the occurrence of one of the four triggering events (death, divorce, nullity or separation) to seek an equal division of the matrimonial assets. Where a merely equal division of matrimonial assets would be unfair or unconscionable a court may divide the matrimonial assets up unequally or have recourse to the exempt property.


The Creator And The Benefits Of Creation: Protection Of Software In The Information Revolution, Martin Kratz Dec 1985

The Creator And The Benefits Of Creation: Protection Of Software In The Information Revolution, Martin Kratz

Dalhousie Law Journal

Mankind is presently passing through a technological revolution unlike anything seen in any prior era. In a world where the total mass of man's knowledge doubles in less than two years' information has become an increasingly valuable commodity. Similarly, the means by which information is manipulated has become evermore important. The development of the computer 2 has been the catalyst of this information revolution as it has freed man from many time consuming and monotonous tasks. The development of the computer industry has been phenomenal. 3 It has gone from its infancy in the late 1940's to a stage where …


The Ascendancy Of Legislation: Legal Problem Solving In Our Time, Frank P. Grad Jun 1985

The Ascendancy Of Legislation: Legal Problem Solving In Our Time, Frank P. Grad

Dalhousie Law Journal

Law making in our time depends on legislation, and our primary reliance on statutory law is being increasingly recognized, even though, as James Williard Hurst recently put it, "Judge-made law is still the darling of legal philosophers."' It has also remained at the misplaced center of much of our legal education.' I hope to trace the movement toward the full acceptance of statutes as a source of law, including brief notes on early twentieth century efforts to salvage the common law through the machinery of law revision commissions and through the Restatements developed by the American Law Institute. The New …


The Impact On Women Of Entrenchment Of Property Rights In The Canadian Charter Of Rights And Freedoms, Clare F. Beckton Jun 1985

The Impact On Women Of Entrenchment Of Property Rights In The Canadian Charter Of Rights And Freedoms, Clare F. Beckton

Dalhousie Law Journal

On Friday, 29 April 1983 the Progressive Conservative opposition in Parliament proposed an amendment to the constitution which would change section 7 of the existing Charter to read: Everyone has the right to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except in accordance with the principles of fundamental justice. (emphasis added to identify amendment) The language used to present this amendment shows that its proponents were espousing a very traditional view of property. For example, Jake Epp said:


Language, Communication, Computers And The Law, R. A. Samek Jun 1985

Language, Communication, Computers And The Law, R. A. Samek

Dalhousie Law Journal

There is an old story about a drunken man who is looking for an object under a street light. A policeman asks him what he is looking for. "It is my keys", he says. "Did you lose them here?" "No, over there.'" "Why then are you looking for them over here?" "Because I can see here", is the man's reply. The real significance of this story is very different from what it appears. It is not the man who is foolish but the policeman. We can only look for something from where we can see it. The alternative is to …


Protecting Solar Access In Canada: The Common Law Approach, Marie-Ann Bowden Jun 1985

Protecting Solar Access In Canada: The Common Law Approach, Marie-Ann Bowden

Dalhousie Law Journal

The viability and adaptability of both active and passive solar collectors as alternative energy sources is not to be doubted; Canadian studies have deterrmined that a solar heated home is feasible in locations south of 530NI and although the radiation incident on each metre of land surface is relatively low in this country2 the total amount of solar energy received in Canada is over 7,000 times the total energy consumed.3 Government sources indicate that in spite of the relatively diffuse form of solar energy, most Canadian locales are suitable for solar water, pool and space heaters.4 As the technology develops …


Dedication To Professor R.A. Samek, W. H. Charles Jun 1985

Dedication To Professor R.A. Samek, W. H. Charles

Dalhousie Law Journal

This issue of the Journal is dedicated to the memory of Bob Samek. Bob was the epitomy of the dedicated scholar searching for basic truths and fundamental concepts. A lonely task in many ways but one that also encouraged intellectual interaction with colleagues.


Legal Education At Calgary: Blending Progress And Tradition, John P. S. Mclaren Jun 1985

Legal Education At Calgary: Blending Progress And Tradition, John P. S. Mclaren

Dalhousie Law Journal

The gestation period of the Faculty of Law, University of Calgary was a long one. After a short lived attempt to operate the Calgary College of Law in 1912-14, the southern Alberta city had to await the founding of the University of Calgary in 1966 before the setting up of a law school would emerge again as a serious possibility.' In 1969, after positive recommendations from both the Law Society of Alberta and the Calgary Bar Association that a law school be established at the new university, the latter under the leadership of President Fred Carruthers formed a sub-committee of …


Dangerous Offenders, Isabel Grant Jun 1985

Dangerous Offenders, Isabel Grant

Dalhousie Law Journal

The specific focus of this paper is on the Dangerous Offender provisions in Part XXI of our Criminal Code.' However, the issues that arise in any form of preventive detention2 go to the heart of our criminal justice system. Hence, these provisions will be used as a vehicle for dealing with the broader issues. Ethical considerations will be discussed as they arise. The paper begins with an analysis of the history of Part XXI, with emphasis on the moral and legal problems that had to be faced as the legislation developed. The legislative history and the case law are important …


Law As A Social Science, R. Lynn Campbell Jun 1985

Law As A Social Science, R. Lynn Campbell

Dalhousie Law Journal

Law is offered as an undergraduate social science discipline at Carleton University. Students may take programmes leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours programme in conjunction with another discipline. Successful completion of any programme does not qualify the graduate for admission to any bar admission programme nor is any credit given towards a law degree for courses taken at Carleton.' The purpose of the programme is to promote an awareness of the place of rules respecting human conduct in political, social and economic …


The University Of Alberta Faculty Of Law, Frank D. Jones Jun 1985

The University Of Alberta Faculty Of Law, Frank D. Jones

Dalhousie Law Journal

The University of Alberta was founded in 1908, three years after the Province of Alberta was created from the Northwest Territories. From the beginning the University has played a pivotal role in the life of the province. As the first and only university in the province it educated the business and professional class in the new society. Few young residents of the province ventured elsewhere to obtain a university education, and if they did, they obtained their first degree at the University of Alberta. The central importance of the Edmonton campus continued until the University of Calgary was established in …


Prisoners Of Isolation - Solitary Confinement In Canada, A. Wayne Mackay Jun 1985

Prisoners Of Isolation - Solitary Confinement In Canada, A. Wayne Mackay

Dalhousie Law Journal

This book is a first-rate contribution to Canadian legal scholarship and is a compelling but not sensationalized account of life behind bars in Canada. Jackson combines a sense of history with thorough legal scholarship and deep concern for humanity in this unique and insightful book. He makes masterful use of his personal interviews with prisoners who have been subjected to solitary confinement to infuse the book with a subdued sorrow about man's inhumanity to man. He successfully walks the fine line between identifying with the plight of the victims of solitary confinement and presenting an objective and scholarly account of …


Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis Jun 1985

Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis

Dalhousie Law Journal

Universities have recently been subjected to increased demands for judicial scrutiny of the conduct of their affairs, especially in the area of procedural review. Much of the academic writing has concentrated on these developments as they affect the academic staff of the university.' This article seeks to redress the balance by considering procedural fairness in the context of university decision-making as it affects students. A study of university decision-making provides a useful framework for a more general consideration of the new approach to "procedural fairness" with its emphasis on balancing the nature of the decisions against the competing interests of …


University Of Ottawa, Faculty Of Law-Common Law Section: The Past Ten Years, H. A. Hubbard Jun 1985

University Of Ottawa, Faculty Of Law-Common Law Section: The Past Ten Years, H. A. Hubbard

Dalhousie Law Journal

The character of the Common Law Section of our Faculty of Law has changed dramatically in the years since our move into our present quarters in Fauteux Hall in the Fall of 1973. In order to appreciate fully the scope of these changes, it is necessary to contrast the development of our school over the past decade with the situation that preceeded it. When the University of Ottawa opened its Faculty of Law in 1953, it renewed an undertaking begun nearly seventy years before. In 1887, a law school was established at the University of Ottawa and its first Dean, …


Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin Feb 1985

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Supplementary Award relating to remedies for unjust discharge. Reinstatement ordered.


Reaction To The Arthurs Report, Innis Christie, Janice Dicken Mcginnis, David T. Fraser Jan 1985

Reaction To The Arthurs Report, Innis Christie, Janice Dicken Mcginnis, David T. Fraser

Innis Christie Collection

It is now more than two years since the publication of Law and Learning: The Report of The Consultative Group on Research and Education in Law to the Social Sciences and Humanities Research Council of Canada, known to all legal academics as "the Arthurs Report". In that time the Canadian Bar Review has published one commentary on the Report and there have been a few comments in academic law journals, but the reaction in print is not commensurate with the importance of the Report or the interest in it among teachers and scholars of law in Canada generally and at …


Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay Jan 1985

Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

On at least a short term basis the Charter of Rights and Freedoms has made a significant dent in the Canadian legal landscape. Not only has it produced a veritable cottage industry for practising lawyers and legal academics - it has raised some of the most fundamental questions about which institutions should shape public policy in Canada. The courts have a bold new mandate to measure the acts of the legislative and executive branches of the government against the new standards of the Charter. When these agencies are found wanting, they are to be checked and their illegal actions invalidated. …


Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.