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Articles 1 - 20 of 20
Full-Text Articles in Law
Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant
Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant
Dalhousie Law Journal
Regina v. Sparrow is the first decision of the Supreme Court of Canada under s.35(1) of the Constitution Ac 1982. The case has wide-reaching implications for the recognition and limitation of aboriginal rights. This case comment will explore some of the implications of Sparrow, with a focus on the test developed by the Court for the justification of government regulation of aboriginal rights. In particular, the question of the cultural authority of non-aboriginal judges to justify legislation regulating aboriginal rights will be addressed.
Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon
Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon
Dalhousie Law Journal
In the wake of a protracted period of faculty unrest at the University of Saskatchewan, two decisions of the province's Labour Relations Board, and an award of a sole arbitrator will have more enduring significance than the dispute that engendered them. In this paper I propose to consider this trilogy and comment on its importance in an assessment of labour relations in an academic setting.
The Origin And Evolution Of The Attorney And Solicitor In The Legal Profession Of Nova Scotia, Barry Cahill
The Origin And Evolution Of The Attorney And Solicitor In The Legal Profession Of Nova Scotia, Barry Cahill
Dalhousie Law Journal
D.G. Bell has observed that the torrent "of historical writing on Canadian legal education has yet to be matched by intensive study of the legal profession itself." The aim of the present paper is to demonstrate that, for eighteenth- and early nineteenth-century Nova Scotia, the development of the legal profession was so closely linked to the evolution of the superior courts, especially the Court of Chancery, that the former cannot be studied in isolation from the latter. By the time Halifax was founded in 1749, the attorney at law and solicitor in equity had not only been statutorily entrenched as …
An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin, A Wayne Mackay
An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin, A Wayne Mackay
Dalhousie Law Journal
Dalhousie Law School, like most other law schools, as a tribute to its graduates and as a manifestation of its traditions, adorns its walls with class photographs of years gone by. However, if one were to stop and scrutinize more carefully these pictures one might want to reconsider the tradition in a more circumspect light. Perhaps one might notice that until the nineteen sixties women were few and far between and that even now they still make up less than half of most graduating classes. More conspicuous still, is the general absence of First Nations peoples from the celebratory pageant. …
Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley
Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley
Dalhousie Law Journal
Nations are not only unified markets, but usually they are at least that. In most discussions about national unity, adequate account is taken of the importance of the free movement of goods, capital and people. Rarely, though, does the discussion encompass the necessity of legally assuring such movement in the domestic marketplace through the practical modality of secure remedies for breaches of obligations in contracts and tort. De Savoye v. Morguard Investments Ltd is a landmark decision by the Supreme Court of Canada that considers the extent of jurisdiction that provincial courts may exercise and the associated concern with the …
Canadian Tort Law: A Review For The Nineties, B T. Hill
Canadian Tort Law: A Review For The Nineties, B T. Hill
Dalhousie Law Journal
My purpose in writing this review follows from a tradition initiated by feminist scholars. My analysis of Canadian Tort Law. Cases, Notes and Materials begins with a survey of the casebook with commentary concerning its historical development as a casebook, focussing on instances where gender issues are raised. I then offer a critique concerning the lack of consideration and misappropriation of gender issues in the recently released 1990 edition of the casebook, using illustrative examples from the casebook and a selection of two feminists' critique of tort law. Some modest suggestions for improvement are made throughout the review, and the …
Of Federalism, Secession, Canada And Quebec, Greg Craven
Of Federalism, Secession, Canada And Quebec, Greg Craven
Dalhousie Law Journal
This article does not seek to examine comprehensively either the political or the legal intricacies of the possible secession of Quebec from Canada. To either task, the author's knowledge would be unequal. In general terms, all that is aimed at here is the very modest goal of bringing to bear upon the present Quebec-Canada scenario perceptions garnered from a consideration of similar (though different) situations which have arisen in other federations, and especially in the Australian federation. More specifically, what is attempted is three things. First, a brief discussion is undertaken of the concept of secession as such. Second, secession …
The United Nations Decade Of International Law - Insights Into An Asian Perspective Of International Law, Jeremy A. Thomas
The United Nations Decade Of International Law - Insights Into An Asian Perspective Of International Law, Jeremy A. Thomas
Dalhousie Law Journal
On 15th November 1990 the Sixth Committee of the General Assembly completed its deliberations on the Report of the Working Group on the United Nations Decade of International Law (the "Vukas Report"). The Vukas Report sets out the proposed programme of activities of the Decade during the period 1990-92, and represents another important step towards the implementation of resolution 44/23 of 17th November 19891 and the fulfilment of the aspirations of strengthening the international legal order connected with that resolution. On the 19th November 1990 the Vukas Report was formally adopted by the Sixth Committee without a vote. The Decade …
Improving Access To Legal Education For Native People In Canada: Dalhousie Law School's I.B.M. Program In Context, Hugh Macaulay
Improving Access To Legal Education For Native People In Canada: Dalhousie Law School's I.B.M. Program In Context, Hugh Macaulay
Dalhousie Law Journal
This paper is about access to legal education for Native peoples in Canada. It is important at the very outset of this undertaking to explain my interest in this issue and to describe the perspective from which I write. At the beginning of the 1989-90 academic year I returned to Halifax to discover that Dalhousie had implemented a program to increase access for Blacks and Micmacs to legal education. Motivated by my support for this initiative, I applied to be a tutor in the program and was fortunate enough to be selected.
Liability For Provincial Offences: Fault, Penalty And The Principles Of Fundamental Justice In Canada (A Review Of Law Reform Proposals From Ontario, Saskatchewan And Alberta), Bruce P. Archibald
Liability For Provincial Offences: Fault, Penalty And The Principles Of Fundamental Justice In Canada (A Review Of Law Reform Proposals From Ontario, Saskatchewan And Alberta), Bruce P. Archibald
Dalhousie Law Journal
While the Canadian Criminal Code is presently in the process of thorough going reform by the federal government, one should not lose sight of the important reforms being proposed in several Canadian provinces to the legal regimes governing provincial offences. A need for reform to provincial offence regimes is evident in relation to both substance and procedure, although the approaches to solving problems in both spheres has traditionally differed from province to province. At the level of procedure, some provinces have been content to enforce their provincial offences through the expedient of adopting by reference the procedures found in Part …
La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan
La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan
Dalhousie Law Journal
In La preuve, les techniques modernes et le respect des valeurs fondamentales, Professor Pierre Patenaude has produced a scholarly and practical inquiry into the question of how law responds to science. This book raises questions of the gathering, the admissibility and the reliability of evidence through modem techniques such as electronic surveillance, breathalyzer tests, lie detectors, radar, the administration of truthinducing drugs, and hypnosis. It combines a thoughtful examination of values underlying the law of evidence with an introduction to the complexities and the frailities of scientific investigative techniques.
Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi
Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi
Dalhousie Law Journal
Nigeria is a Federation consisting of twenty-one States, and a Federal Capital Territory. It is the largest African Country with probably the largest concentration of foreign investment potentialities with a viable and adequate financing. In the true tenet of Federalism, the 1979 Constitution provided for a distinction in the legislative powers between the central Government and the State Governments. The Constitution of the Federal Republic of Nigeria 1989 has also maintained this federal arrangement. Although that is the constitutional position, the Military Government has, as a matter of policy, built into the system some element of unitarism in a federal …
Poison Pills: Developing A Canadian Regulatory And Judicial Response, Jody W. Forsyth
Poison Pills: Developing A Canadian Regulatory And Judicial Response, Jody W. Forsyth
Dalhousie Law Journal
It is trite to say that the United States has witnessed an explosion of hostile take-over activity in recent years. Potential acquirers have employed both non-coercive techniques such as conditional bids and proxy solicitations, and coercive techniques such as "street sweeps' 4 and two-tier, front-end loaded bids.5 In response, target corporations have fought back with a wide variety of" defences designed to defeat any undesired take-over attempt. One of the most widely contested of these defences is the shareholder rights plan, or "poison pill" as it is better known.
Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen
Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen
Dalhousie Law Journal
It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …
Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes
Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes
Dalhousie Law Journal
In The Civil Law System of the Province of Quebec, Jean-Gabriel Castel writes, To know the Quebec law of contract, it is sufficient to read the articles of the Civil Code dealing with this topic and the cases decided since its enactment. If in the common-law system it is absolutely necessary to know history to understand, for instance, the essential division between law and equity ... this is not the case in France or in Quebec. There, the civil law is logically organized, it is not the product of a historical evolution or of a long line of decided cases. …
Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor
Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor
Dalhousie Law Journal
It is no secret that public awareness and concern for environmental protection in Canada has increased significantly in recent years. Legislators have addressed these concerns by implementing new laws to regulate the various practices that impact negatively on the environment. With statutes in hand, environmentally conscious individuals are beginning to intervene personally to monitor compliance and ensure enforcement of these new laws.
The Faculty Of Law, University Of British Columbia 1981-90, Joost Blom
The Faculty Of Law, University Of British Columbia 1981-90, Joost Blom
Dalhousie Law Journal
It may be uninspiring to begin a sketch of the UBC Law Faculty since 1981 by talking about money, but the Faculty's financial circumstances during this period are the key to much of what follows. For about five years from 1982, the provincial government's fiscal watchword was "restraint", which so far as the universities were concerned meant, in the early years, actually cutting operating grants and, later on, keeping a fairly tight lid on them. UBC's budget fell in absolute terms for three successive years, and continued to slip in real terms for another year or two. The Law Faculty …
The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson
The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson
Dalhousie Law Journal
Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …
Aviation Insurance, Roger Harris
Aviation Insurance, Roger Harris
Dalhousie Law Journal
The first edition of Aviation Insurance was an outgrowth of the author's graduate work at McGill University's Institute of Air and Space Law. Detailed and comprehensive, it filled a noticeable void in Butterworth's Insurance Series.' Dr. Margo has now drawn upon a decade of practice in the field 2 to make a fine book even better.
Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark
Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark
Dalhousie Law Journal
Canada's newest abortion legislation, embodied in Bill C-43, was defeated in the Senate on January 31st, 1991. The Bill sought to remedy the state of "lawlessness" which has existed respecting abortion ever since the decision reached by the Supreme Court of Canada in R. v. Morgentaler in January, 1988. However, this determination is incorrect. The law is quite clear: there is no criminal prohibition against abortion in Canada. This follows directly from the Court's holding in the Morgentaler decision that the old law, s. 287 (formerly s.251) of the Criminal Code, infringed a woman's right to security and liberty of …