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Articles 1 - 16 of 16
Full-Text Articles in Law
Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers
Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers
Dalhousie Law Journal
This book consists of ten essays on the general theme of effective techniques for controlling and regulating social behaviour. The authors draw on the disciplines of management studies, history and criminology, public policy studies and economics, psychology, anthropology, law, sociology, and political science. They are, collectively, a modern manifestation of Roscoe Pound's concept of law in action as "social engineering".
The Aftermath Of The Marshall Commission: A Preliminary Opinion, H Archibald Kaiser
The Aftermath Of The Marshall Commission: A Preliminary Opinion, H Archibald Kaiser
Dalhousie Law Journal
Prolegomena to the Cure or the Beginning of the Epitaph: "Look, Doctor, try to see things my way. All the diagnoses have been made and the treatment has been prescribed, but somehow ... I just don't feel quite right. Sometimes I think I'll never get well. Is there something you haven't told me? The Doctor's skeptical but still deferential patient echoes the sentiments of many who have keenly observed the unfolding of the Donald Marshall, Jr. saga. A monstrous injustice was perpetrated and then sustained over a period of fifteen years in the conviction and ongoing persecution of an innocent …
Introduction & Table Of Cases, Innis Christie, A Paul Pross
Introduction & Table Of Cases, Innis Christie, A Paul Pross
Dalhousie Law Journal
Commissions of inquiry have been popular mechanisms with Canadian governments. Despite a widespread view that they are used principally to delay action while removing embarrassment from the immediate vicinity of governments, it is a fact that commissions of inquiry have repeatedly - and often highly successfully - served as vehicles for analyzing policy, for evaluating outworn or failed policy, for identifying a consensus about policy and for building support for new policy directions. They have brought facts to light both about specific incidents and about matters of policy concern; facts as diverse as what actually happened at a given time …
The Use And Abuse Of Inquiries: Do They Serve A Policy Purpose, Willard Estey
The Use And Abuse Of Inquiries: Do They Serve A Policy Purpose, Willard Estey
Dalhousie Law Journal
Professor Wade MacLauchlan: We have the great pleasure of being joined by Mr. Justice Willard Estey who, among other things, sits on the Supreme Court of Canada. As regards his involvement with commissions of inquiry, Mr. Justice Estey is eminently qualified to speak from many different experiences as advocate and counsel for various interests before commissions of inquiry during his long period as a busy practitioner. As well, during that period he served as counsel to a variety of commissions. Since going to the bench, he has conducted three inquiries; into the Steel Industry in Ontario, into Air Canada and, …
Mandates, Legal Foundations, Powers And Conduct Of Commissions Of Inquiry, A Wayne Mackay
Mandates, Legal Foundations, Powers And Conduct Of Commissions Of Inquiry, A Wayne Mackay
Dalhousie Law Journal
Indeed, it may be just as difficult to disentangle law and politics as it is to separate religious and sexual passions. While law has traditionally been presented as more value-neutral than politics, in either its academic or applied form, the inaccuracy of this view of law is becoming widely recognized. Value choices have always been a vital aspect of legal adjudication and the arrival of the Canadian Charter of Rights and Freedoms in 1982 has forced judges to be more overt about this aspect of their job.' The separation of law and politics is more a matter of mythology than …
Reflections On Commission Research, Alan C. Cairns
Reflections On Commission Research, Alan C. Cairns
Dalhousie Law Journal
This paper explores the role of research in royal commissions. It is based primarily on my experience as one of three research directors for the Royal Commission on the Economic Union and Development Prospects for Canada, popularly known as the Macdonald Commission. Since royal commissions appear in many guises, much of what I say may not apply to other commissions. In general, my remarks are more applicable to those commissions that give advice on significant public policy matters than to more narrowly investigative commissions set up in response to allegations of corruption or scandal in government or to determine the …
Comment On Inquiry Management, J G. Godsoe
Comment On Inquiry Management, J G. Godsoe
Dalhousie Law Journal
I think whether the commission is a policy commission or an investigative commission or both, as the case was with the Ocean Ranger Inquiry, a commission almost inevitably is drawn into an adversarial context. I think in the case of an investigative commission, the parties, who have interests at stake that are being investigated and adjudicated upon, will tend, over time, to start to question the validity of the commission. Likewise, a policy commission frequently is criticized as soon as it is announced or, as in the case of the MacDonald Commission, even before it was announced as being a …
Contributions Of Commissions Of Inquiry To Policy Analysis: An Evaluation, Peter Aucoin
Contributions Of Commissions Of Inquiry To Policy Analysis: An Evaluation, Peter Aucoin
Dalhousie Law Journal
Commissions of inquiry appointed to analyze major matters of public policy constitute an important organizational instrument in governance for essentially three reasons. First, their establishment enables decision-makers in government to delay or postpone decisions without being criticized for doing nothing at all. Policy analysis in this circumstance may be an excuse for a "non-decision", but at the least it ensures that the issue at hand stays on the policy agenda in a certain fashion. Second, such commissions provide for a process whereby the views of special interest groups and the interested public can be presented in a forum that is …
Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci
Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci
Dalhousie Law Journal
Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.
The Role Of The Commission Secretary, David M. Grenville
The Role Of The Commission Secretary, David M. Grenville
Dalhousie Law Journal
Royal commissions of inquiry are generally set up to address an urgent public concern that is almost certainly politically sensitive. The task that they are given to do is not an easy one, and they are expected to deal with it competently, economically and, above all, expeditiously. Inevitably, some controversy will be generated by their activities as they operate under intense public scrutiny. There are, in fact, two kinds of inquiries: one is the quasijudicial investigation which has as its purpose to establish the facts and to determine whether any act was contrary to the law or the public interest, …
The Role Of The Commission Counsel, John Sopinka
The Role Of The Commission Counsel, John Sopinka
Dalhousie Law Journal
Commissions of inquiry have been prominently featured in this country for decades. For instance the Durham Report on the 1837 Mackenzie- Papineau Rebellion was the product of a public inquiry. As well, other inquiries have played a pivotal role in the development of our public and economic life. We had, for example, the Rowell-Sirois Commission on Dominion-Provincial Relations, the Royal Commission on Bilingualism and Biculturalism, the McDonald Commission on the Economy, the Dubin Inquiry on Aviation Safety and the Estey Inquiry on Bank Failures to mention a few. In 1979, the Law Reform Commission of Canada estimated that there had …
Should We Abandon The Adversarial Model In Favour Of The Inquisitorial Model In Commissions Of Inquiry?, Patrick Robardet
Should We Abandon The Adversarial Model In Favour Of The Inquisitorial Model In Commissions Of Inquiry?, Patrick Robardet
Dalhousie Law Journal
I approach the question I was asked to address today from the perspective of administrative law with a particular emphasis on related issues of public administration. In doing so, I bear in mind Professor Arthurs' well known criticism of common lawyers' attitudes towards public administration. In a similar vein of thought, Professor Wesley Pue recently noted: Such attitudes are part and parcel of the ideology-of law and as such are inculcated in lawyers as they partake of legal education, read legal scholarship and practice law. Even where serious efforts are made to escape the bounds of inherited legal thought, a …
The Rights And Obligations Of Those Subject To Inquiry And Of Witnesses, David Wayne Scott
The Rights And Obligations Of Those Subject To Inquiry And Of Witnesses, David Wayne Scott
Dalhousie Law Journal
There are questions raised from time to time as to the desirability of continued utilization of the public inquiry as we know it. These questions ordinarily arise in the context of a consideration of the issues outlined in this paper, that is to say, the rights and obligations of those subject to inquiry. In a classic description of the public inquiry Mr. Justice Middleton observed as follows: It must not be forgotten that this is an inquiry directed by the government into the affairs of its own creature, a Children's Aid Society, with the view of ascertaining if it is …
How Should Lawyers And Legal Profession Adapt?, S Gm Grange
How Should Lawyers And Legal Profession Adapt?, S Gm Grange
Dalhousie Law Journal
Of all the love affairs with which the people of this world have been blessed or afflicted, that between public inquiries and the media is certainly one of the strangest. I have been in and about the law for over 40 years and in that time I say immodestly I have pleaded, what to me were, some very interesting cases and I have in the last 14 years had occasion to sit in judgment on some, not only interesting but, perhaps important cases. But I know perfectly well that when the time comes to take my departure, if I am …
The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris
The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris
Dalhousie Law Journal
Mr. Harris: The question concerning the justification of commissions of inquiry has been raised in the preceding discussions. If their sole justification is having the bulk of their recommendations implemented, the institution probably would have died out long ago. Nevertheless, it must be of considerable concern to commissioners that the record has not been good in terms of implementation and one of the questions that perhaps will determine how successful commissions are in this respect has to do with what happens when the report is delivered and thereafter. These questions will be largely the subject of the panel that we …
The Two Contradictions In Public Inquiries, Liora Salter
The Two Contradictions In Public Inquiries, Liora Salter
Dalhousie Law Journal
Given how frequently they are commissioned, it is surprising how little has been written about inquiries and, more particularly, about the role of science and advocacy within them.' The lack of serious attention paid to inquiries may be a product of their diversity. For example, inquiries include royal commissions and consultative committees and risk assessments. Some of these inquiries have wide-ranging mandates, commission extensive research and actively solicit public commentary, while others are more closely akin to legal proceedings. Grouping such different objectives and activities under a single category - namely, inquiries - is intrinsically difficult. Or the reason for …