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Full-Text Articles in Law

“No Skateboarding Allowed”: Municipal Bylaws, Urban Common And Public Property, And The Regulation Of “Undesirable” Or “Disruptive Use", Sara Gwendolyn Ross Jan 2022

“No Skateboarding Allowed”: Municipal Bylaws, Urban Common And Public Property, And The Regulation Of “Undesirable” Or “Disruptive Use", Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

The mechanics of daily local inequality and marginalization can be readily observed within the language of local bylaws that govern urban spaces and places and their use — whether these govern the hours and types of use that can be made of local “public” parks, spaces where loitering is identified as unwelcome, or how and where certain activities can take place. While affinity spaces can be, on the one hand, welcomed and celebrated for the mentorship of youth, extracurricular activity, environmentally friendly transportation, or as a skill-building goal-oriented endeavour, the language of bylaws creates an ecosystem equally predisposed to prohibiting …


Symposium On Sustainable Development Goals, Trade, Investment, And Inequality, Olabisi D. Akinkugbe Nov 2019

Symposium On Sustainable Development Goals, Trade, Investment, And Inequality, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

This Symposium, co-hosted by Afronomicslaw and the Dalhousie Law Journal Blog is an outcome of one of the streams at the 2019 Annual Purdy Crawford Workshop at the Schulich School of Law. The theme of the Workshop which took place from Sept. 26–28 was “The Role of Business Regulation in Advancing the Sustainable Development Goals.” Co-organized by three Schulich School of Law Professors, the Workshop featured three inter-disciplinary and simultaneous streams as well as cross-over plenaries that focused on: “SDGs and Revenue Mobilization” – convened by Kim Brooks, the Purdy Crawford Chair in Business Law; “SDGs, Trade, Investment, …


Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson Oct 2015

Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson

Dalhousie Law Journal

This article examines the issue of the retention and destruction of personal health information. While legislation in Canada shows some attention to the issue of retaining health records, very little consideration has been given to their destruction. As technological advances have made indefinite retention feasible, serious privacy issues are now being raised by the lack of a standard related to the destruction of health records. The author argues that this issue needs to be explicitly addressed. The author analyzes this problem by looking at issues of autonomy, public good, inequality, and privacy as a social good before offering thoughts on …


Judgment And Opportunity: Decision Assignment On The Mclachlin Court, Peter Mccormick Apr 2015

Judgment And Opportunity: Decision Assignment On The Mclachlin Court, Peter Mccormick

Dalhousie Law Journal

The workload of the Supreme Court of Canada is shared among the Court's nine members, but is this sharing equal with respect to the writing of judgments? A simple count does not provide an answer because not all cases are equally important. This paper develops an objective measure of case importance-the Legal Complexity Index-and applies it to the cases decided by the McLachlin Court. It demonstrates that judgment-delivery opportunities for significant cases have not been shared equally, either overall or with respect to any of the major subdivisions of the caseload. Some judges enjoy the spotlight, while others are relegated …


Adding Social Condition To The Canadian Human Rights Act, A. Wayne Mackay, Natasha Kim Jan 2009

Adding Social Condition To The Canadian Human Rights Act, A. Wayne Mackay, Natasha Kim

Reports & Public Policy Documents

Almost a decade ago, in June 2000, the Canadian Human Rights Act Review Panel conducted a comprehensive review of the Canadian Human Rights Act [CHRA] and recommended that “social condition” be added as a prohibited ground of discrimination. Since then, no action has been taken to implement this recommendation, despite calls for action from international bodies, political actors, human rights agencies and organizations, and academic commentators to provide protections from discrimination for those suffering from social and economic disadvantage. The authors analyze the experiences at the provincial level with socio-economic grounds of discrimination, jurisprudential developments under the Canadian Charter of …


The Rhetoric Of Innovation, Matthew Herder Jan 2006

The Rhetoric Of Innovation, Matthew Herder

LLM Theses

Innovation has been lauded over centuries but the emergence of an "innovation policy paradigm" is a new phenomenon, producing profound changes in the realm of scientific research. Whether these changes stand to benefit 'all' Canadians remains to be seen. Therein lies a problem: The present "innovation policy paradigm" trades on society's deeply entrenched view of innovation (however it occurs) as a public good, while simultaneously encoding for specific a 'brand' of innovation that privileges capital over all other interests. This thesis (1) demonstrates that this paradigm is the product of historically complex contests of power; (2) argues that the paradigm …


The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard Oct 2005

The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard

Dalhousie Law Journal

The tone and thrust of the Ontario Court ofAppeal's decision in R. v. Hamilton will serve to chill efforts by sentencing judges to tailor their responsibilities to accord with the recognized realities of systemic and intersectional inequality in Canadian society The decision presents an unduly conservative response to the judicial function question, and an understandable, if excessively cautious, answer with regard to the application of systemic, intersectional inequality issues in practice. Specifically, the decision underplays the overall remedial goal of section 718 of the Criminal Code by overemphasizing the particularity of Aboriginal peoples, and ignoring the specificity of especially vulnerable …


The Impact Of The Purchaser Provider Funding Model Inthe U.K. On The Independence Of Persons With Disabilities:Implications For Canada, Sandra G. Leggat, Gaétan S. Tardif Oct 1997

The Impact Of The Purchaser Provider Funding Model Inthe U.K. On The Independence Of Persons With Disabilities:Implications For Canada, Sandra G. Leggat, Gaétan S. Tardif

Dalhousie Law Journal

Through large-scale system restructuring, a number of jurisdictions around the world have adopted a purchaserprovider approach to the funding and delivery of health care services. In this model, a decision-making body, such as a regional board, is provided with a budget to purchase health care services on behalf of, and in response to the identified needs of a defined population. This paper reviews the purchaser provider funding model of the United Kingdom and comments on the impact of this system on the health needs of individuals with disabilities. Generally, the purchaser provider split in the U.K. appears to have resulted …


Canadian State Trials, Vol. 1, Michael Boudreau Apr 1997

Canadian State Trials, Vol. 1, Michael Boudreau

Dalhousie Law Journal

In a letter to Deputy Judge Advocate Charles Gould, dated 10 April 1762, General Thomas Gage, Commander-in-Chief of British forces in North America, wrote with regard to the proceedings of the general courts martial in Montreal that "it is a Maxim held by all Civilians That no government can subsist without Law." Over half a century later in Bay Roberts, Newfoundland, William Elenes filed an affidavit with the Harbour Grace Sessions Court alleging that a group of men stole some potatoes from his house. "Late in March of [ 1817]," the statement read, "John McGrath with a gun and two …


An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer Apr 1997

An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer

Dalhousie Law Journal

Using statistical data covering a ten year period, this study examines the issue of gender representation in admissions to first year law study at common law schools in Canada. After addressing three identifiable steps in the admission process-applications, offers and registration-the author concludes that while there has been progress and the gap has narrowed, the problem of gender inequality persists.


Surviving Student To Student Sexual Harassment: Legal Remedies And Prevention Programmes, Chantal Richard Apr 1996

Surviving Student To Student Sexual Harassment: Legal Remedies And Prevention Programmes, Chantal Richard

Dalhousie Law Journal

Educators in Canada have recently identified that incidents of sexual harassment between students occur daily in our junior high and high schools. Sexual harassment seriously affects a student's emotional and physical well-being and negatively affects her opportunity to receive an equal education. In this article, the author examines the existing legal remedies available to a student victim of sexual harassment and concludes that student sexual harassment is best dealt with through education and preventative measures taken by school boards.


The "Family" In The Work Of Madame Justice Wilson, Mary Jane Mossman Jul 1992

The "Family" In The Work Of Madame Justice Wilson, Mary Jane Mossman

Dalhousie Law Journal

Susan Moller Okin's assertion about the need for justice in families offers a challenging starting point for an assessment of the family in the work of Justice Wilson. Her assertion challenges us for a number of reasons. First, in claiming that justice in the family is a prerequisite to a just society, Okin compels us to focus careful attention on our family relationships if we aspire to a just resolution of our public and political debates. For her, a satisfactory theory of justice can be developed only if it takes account of the structures and power in family relationships, and …


Sexual Divisions In Law, Christine Boyle Jun 1956

Sexual Divisions In Law, Christine Boyle

Dalhousie Law Journal

I remember Katherine O'Donovan vividly. She was a young law lecturer at Queen's University Belfast when I was a first-year student there seventeen years ago. Law, on the whole, does not provide a large number of women to stimulate one's aspirations, but Katherine O'Donovan would have been outstanding in any context. She was clever and as beautiful as her name. She has written an outstanding book.