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Articles 1 - 30 of 43
Full-Text Articles in Law
The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski
The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski
Federal Communications Law Journal
As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …
Offshore Employment And Occupational Health And Safety Issues, John Macpherson
Offshore Employment And Occupational Health And Safety Issues, John Macpherson
Dalhousie Law Journal
In Canada responsibility for regulating labour relations, employment and occupational health and safety matters is shared between the federal and provincial governments. In this paper the author describes the complexities of the legislative regime governing the Nova Scotia offshore. Specifically, he looks at section 157 of the Nova Scotia Accord Act (Canada), certification of workers offshore, and occupational health and safety legislation.
Effective And Efficient Regulation Of The Offshore Oil Industry: The 2001 White Rose Public Review Process, Peter O'Flaherty, Matthew Clarke
Effective And Efficient Regulation Of The Offshore Oil Industry: The 2001 White Rose Public Review Process, Peter O'Flaherty, Matthew Clarke
Dalhousie Law Journal
Section 44(2)(b) of the provincial and federal Canada-Newfoundland Atlantic Accord Implementation Acts provides for a public review of proposed developments of petroleum resources as part of the existing regulatory approval process for the Newfoundland Offshore Area. To date, public reviews have been conducted for three offshore oil developments: Hibernia, Terra Nova and White Rose. This paper examines the effectiveness and efficiency of the public review process for the White Rose Project. The author concludes that the review process was effective in successfully gathering public input and reporting this information to the CNOPB. Despite CNOPB's failure to accept many of the …
Provincial Entitlement To Gas Trunk Line Ownership - Enforceability And Constitutionality, Dufferin Harper
Provincial Entitlement To Gas Trunk Line Ownership - Enforceability And Constitutionality, Dufferin Harper
Dalhousie Law Journal
The author discusses the interpretation of section 40 of the Nova Scotia Accord Act (Canada) and the Nova Scotia Accord Act (Nova Scotia). The section provides that the Government of Nova Scotia be given "a reasonable opportunity" to acquire on a "commercial basis" up to a fifty percent ownership in the Nova Scotia trunkine in certain circumstances. He points out that even though the dispute between the Federal and Provincial governments regarding the ownership of the offshore appears to be on hold, the issue is relevant to the application of section 40.
Offshore Seismic And Fisheries And Environmental Issues - How Can They Be Reconciled?: A Case Study On The Public Review On The Effects Of Potential Oil And Gas Exploration Offshore Cape Breton, David Macdougall
Dalhousie Law Journal
The author describes the review process preceding the 2003 CNSOPB decision which permitted seismic activities offshore of Cape Breton. The process included a public review conducted by Commissioner Dr. Teresa MacNeil and the subsequent establishment of an Ad Hoc Working Group (part of the CNSOPB's existing Fisheries and Environment Advisory Committee (FEAC)) and a Science Working Group reporting to the Ad Hoc Working Group. In the author's view, the Ad Hoc Working Group arrived at the anticipated result; that is, continued disagreement among the opposing parties on the fundamental issues. Consequently CNSOPB was left with the decision on how to …
Occupational Health And Safety: The New Regime For The East Coast Offshore, Susan E. Gover
Occupational Health And Safety: The New Regime For The East Coast Offshore, Susan E. Gover
Dalhousie Law Journal
The Governments of Canada, Nova Scotia, and Newfoundland and Labrador are moving to enshrine existing offshore occupational health and safety (OHS) practices into the Atlantic Accord legislation governing the regulation of petroleum-related activity off the eastern coast of Canada. The proposed OHS amendments discussed in this paper are intended to provide a comprehensive legal framework to achieve the same kind of protection for offshore workers that onshore workers currently enjoy. Application of occupational health and safety laws in the offshore will be clarified so that these amendments, and not other federal or provincial OHS laws, will apply to any workplace …
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
Dalhousie Law Journal
Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …
Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess
Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess
Dalhousie Law Journal
Effective and efficient regulation of the oil and gas industry on the East Coast of Canada is a top priority of the federal and provincial governments. Ever since oil and gas exploration and development began in this region, stakeholders and others have urged regulators to address and remedy this issue. This paper reviews how governments have responded first in the onshore context, and then in the offshore. Issues that regulators need to address are identified and legislative, regulatory, and administrative changes which have been made and are proposed are reviewed. Finally, the author reflects on possible future developments and the …
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel
ExpressO
This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …
Application Of An Extended Collective Licensing Regime In Canada: Principles And Issues Related To Implementation, Daniel J. Gervais
Application Of An Extended Collective Licensing Regime In Canada: Principles And Issues Related To Implementation, Daniel J. Gervais
Daniel J Gervais
The report examines the advantages, disadvantages and constraints of using an extended collective license in Canada (or extended repertoire) and concludes that the system would make sense in some areas. The use of this system in other countries is discussed.
"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli
"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli
San Diego International Law Journal
This Comment will show how the Caroline doctrine came to exist, argue that no real doctrine was created as to an imminence requirement, and show that what is known today as the true Caroline doctrine is really obsolete international law and not a current standard by which to judge the legality of a state's use of force in self-defense.
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
San Diego International Law Journal
The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …
Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde
Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde
Osgoode Hall Law Journal
This article examines the ways in which the law of bail has been used to criminalize dissent in Canada. Three case studies are analyzed to demonstrate how the law of bail has been applied to those arrested at global justice demonstrations associated with militant civil disobedience. The first case study examines the bail conditions imposed on protesters arrested at anti-APEC demonstrations in Vancouver 1997. These bail conditions were intentionally designed to prevent those arrested from attending the protests. The second case study focuses on the Ontario Coalition Against Poverty (OCAP), with an analysis of how the bail system has been …
The Origins Of Political Policing In Canada: Class, Law, And The Burden Of Empire, Andrew Parnaby, Gregory S. Kealey
The Origins Of Political Policing In Canada: Class, Law, And The Burden Of Empire, Andrew Parnaby, Gregory S. Kealey
Osgoode Hall Law Journal
This essay examines the origins of the Canadian secret service from the 1860s to the Great War. During this time, the Canadian government faced political challenges from Irish republicans and South Asian radicals. Both groups sought to liberate their home countries-Ireland and India-from British rule by promoting the idea of independence and the necessity of militant tactics amongst their respective immigrant communities in North America. Faced with this subversive activity, which had both domestic and international implications, the government created a secret service to gather political intelligence. Significantly, the government's political response was shaped decisively by its status as an …
No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi
No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi
Osgoode Hall Law Journal
After September 11, 2001, some scholars and policy-makers promoted the racial profiling of Arabs and Muslims as a means towards greater national security. While racial profiling has not been officially sanctioned in Canada, it attracts popular support and undeniably takes place. The first part of this article identifies three different categories of racial profiling in the context of Canada's War against Terrorism. The second part identifies the problems associated with racial profiling. It argues that racial profiling undermines national security while also heightening the vulnerability and exclusion of Arabs, Muslims, and other racialized groups in Canada.
The Right To Civil Disobedience, Vinit Haksar
The Right To Civil Disobedience, Vinit Haksar
Osgoode Hall Law Journal
This article compares and contrasts the way Gandhi understands the right to civil disobedience with the way this right is understood by some contemporary liberals. Some of the implications of the right to civil disobedience are also discussed. The right to civil disobedience implies that the authorities should extend some tolerance to civil disobedients not only when they are correct, but also when they are reasonably mistaken in their views. Tolerance here does not involve preventing civil disobedients from breaking the law, and implies that when civil disobedients break the law, they have a claim not to be punished or …
School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata
School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata
University of Miami Inter-American Law Review
No abstract provided.
The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue
The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue
Osgoode Hall Law Journal
This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal "anti-terrorism" legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.
Social Resistance And The Disturbing Of The Peace, John Clarke
Social Resistance And The Disturbing Of The Peace, John Clarke
Osgoode Hall Law Journal
Argues that preserving the Peace maintains injustice, and that it is morally just and historically necessary to challenge it with acts of social resistance.
When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin
When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin
Osgoode Hall Law Journal
Comments on Aboriginal peoples, governmental defiance, and the breakdown of law and the balance between law's roles and limits.
Civil Resistance And The Diversity Of Tactics In The Anti-Globalization Movement: Problems Of Violence, Silence, And Solidarity In Activist Politics, Janet Conway
Osgoode Hall Law Journal
This article examines the (re)emergence of large-scale civil disobedience and the accompanying debates about violence and non-violence in the contemporary anti-globalization movement. Rooted in the Canadian movement but in conversation with wider debates, the article tracks movement practices and debates from the Battle of Seattle through to the Quebec Summit. The debate took a new turn in Genoa, with massive police brutality and the killing of a protester, and again following the events of September 11, 2001. The central argument of the article is that the new forms of civil resistance embody a critique of prevailing forms of organization, participation, …
Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek
Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek
Osgoode Hall Law Journal
Les contributions à cette collection proviennent des activités d’un projet de deux ans. Son but consistait à inviter les étudiants, la faculté, tous les membres de la communauté d'Osgoode et de la communauté juridique dans leur ensemble, à s'associer à un débat permanent sur la nature et les limites du droit, vues à travers le prisme de la conduite de désobéissance civile dans une politie juridique qui avait de longue date développé des institutions démocratiques et propagé les libertés civiques. À cette fin, divers panels, séminaires et conférences ont été organisés dès l'automne 2001. Ils sont évoqués dans le curriculum …
Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek
Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek
Osgoode Hall Law Journal
Based on a two-year project launched by the Journal. Its goal was to engage students, faculty, and all members of the wider Osgoode and professional communities in an ongoing discussion about the nature and limits of law, seen through the lens of civil disobedient conduct in a legal polity that had developed mature democratic and civil liberty enhancing institutions. To this end, a variety of panels, seminars, and lectures were organized, beginning in the Fall of 2001. They were interpellated into the law school's curriculum. A culminating event was a conference in the Fall of 2002, to which a select …
Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker
Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker
Osgoode Hall Law Journal
The impact of 9/11 on Canada is assessed in historical context, in relation to the coming of the Cold War in the 1940s and the October 1970 Le Front de Liberation du Quebec terrorist crisis in Quebec. Canadian policy responses to 9/11 are then considered in the comparative context of responses from Canada's closest neighbours, the United States and the United Kingdom. Although to some degree, Canada can be seen to be trying to 'keep up with the neighbours', Canadian responses are more determined by specifically Canadian requirements, especially the need to protect Canadian sovereignty and economic security from the …
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Osgoode Hall Law Journal
Comments on the role of the first chief justice of Upper Canada, William Osgoode (1754-1824), on shaping the law during a period of "counter-revolutionary and anti-democratic repression throughout the British Empire." Concludes that laws were often presented as emergency legislation that nevertheless effectively became permanent, challenging civil liberties in times of political or social conflict
Civil Disobedience And Academic Freedom, Leslie Green
Civil Disobedience And Academic Freedom, Leslie Green
Osgoode Hall Law Journal
What is the relation between the forms of principled law-breaking that we know as civil disobedience and the special rights of teachers and students that comprise academic freedom? It is argued that academic freedom does not give them a right to engage in civil disobedience, not even on campus. At the same time, however, academic freedom does protect them in studying, discussing, assessing, and even recommending civil disobedience--even when their opinions and recommendations are misguided or wrong. The subject is discussed in light of some recent cases.
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Osgoode Hall Law Journal
Discusses the role of judges when cases of civil disobedience are brought before the court.
Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag
Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag
Dalhousie Law Journal
Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Dalhousie Law Journal
In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …
The Challenges Of Integrating Tourism Into Canadian And Australian Coastal Zone Management, Alison Gill, Lorne K. Kriwoken, Suzanne Dobson, Liza D. Fallon
The Challenges Of Integrating Tourism Into Canadian And Australian Coastal Zone Management, Alison Gill, Lorne K. Kriwoken, Suzanne Dobson, Liza D. Fallon
Dalhousie Law Journal
This article discusses the challenges of integrating tourism into Canadian and Australian coastal zone management. Comparisons are drawn between coastal and marine tounsm resources in Australia and Canada. The resources considered include the cruise ship industry, recreational boating, fishing, sea kayaking, SCUBA diving and marine wildlife tourism. In the introduction, some of the problems of definition and data are addressed. Tourism is described as an industry, but unlike many traditional industries, the tourism arena consists of a myriad of players and sectors. After the comparison of tourism resources in both countries, the power and politics associated with managing user conflicts …