Professor Bruce Archibald is teaching labour law and criminal law within his new status as a 50 per cent post-retirement professor. He is readying for publication a paper presented in June 2015 at a conference of the global Labour Law Research Network in Amsterdam. In September, he presented at an annual conference of the pioneering Nova Scotia Public Prosecution Service. In October, he served as a member of a panel of arbitrators during a conference dedicated to the late Professor Bernie Adell at Queen’s University, assessing the impact of arbitral jurisprudence in the 20 years following the Supreme Court of Canada’s ground-breaking decision in Weber v. Ontario Hydro.
Professor Vaughan Black taught courses on torts, animals and the law, and conflicts of law. He continues as editor of the Dalhousie Law Journal and is published in the field of tort law and private international law.
Professor Kim Brooks is on administrative leave for the 2015-2016 academic year and is badly missing time in the classroom. She eagerly anticipates returning to teach a variety of courses, especially tax law, next year. In the interim, she is working on a project on comparative tax systems and tax administration more generally.
Dean Camille Cameron has just completed a collaborative book project (Elgar Publishing, manuscript submitted) on collective litigation with scholars from 10 countries. The book, Class Actions In Context: How Economics, Culture and Politics Shape Collective Litigation, analyses the ways in which different legal systems throughout the world deal with collective litigation. Dean Cameron is the author of one chapter (Litigation as ‘core business’: commercially funded class actions in Australia) and co-author with two scholars, one Canadian and one Israeli, of another chapter (Economic enablers of class actions). Dean Cameron has been working on various projects with this group of scholars since 2010.
Professor Aldo Chircop continues to teach and undertake research in maritime law and the international law of the sea. His principal activity was leading the research and production of the second edition of Canadian Maritime Law (Toronto: Irwin Law, 2016), which he co-edits with William Moreira, Hugh Kindred and Edgar Gold. Supported by a SSHRC grant, this major reference work contains 26 chapters from 28 contributors from academia, public prosecution, and leading law firms across Canada. As in the case of the first edition, this work will assist courts, legal practitioners, teachers and students in this country and overseas.
Professor Steve Coughlan taught criminal law again and returned to teaching criminal procedure this year, in addition to his upper-year seminar course. He was also busy writing the third edition of Criminal Procedure, preparing a soon-to-be published book presenting the rules of criminal procedure in graphic form (test-driven with this year’s class) and bringing out the 13th edition of Learning Canadian Criminal Law. In addition, he was engaged outside the Law School speaking at conferences in Halifax, Ottawa, Toronto and Vancouver, as well as being involved with online judicial education.
Professor Elaine Craig’s recent research has included an interview-based project with criminal defence lawyers and Crown Attorneys across Canada, a study examining the commercial speech engaged in by criminal lawyers on their websites, and a project examining trial transcripts in recent sexual assault cases. Her recent work has been published in the Ottawa Law Review, the UBC Law Review and the University of Toronto Law Journal. Her current project involves an examination of the rules excluding evidence of a complainant’s other sexual activity.
Professor Rob Currie, in collaboration with Bob Adler of Nossaman LLP in Washington, D.C., has developed a new course called “Cross-Border Litigation in an Applied Context.” The course will expose students to the various kinds of issues that arise in civil and regulatory litigation that involves more than one country. It will be “intensive” in format, a series of lectures over the course of several days, and cover anti-trust/competition matters, white-collar crime, class actions, tax enforcement and economic sanctions, among other topics, through the lens of real-life cases. It is hoped the course will be offered in the winter 2017 term.
Professor Michael Deturbide returned from sabbatical and resumed the position of Associate Dean. With Professor Steve Coughlan he completed a comprehensive research report for the Office of Consumer Affairs, Industry Canada, that addressed issues requiring consumer protection in the context of electronic commerce. He taught business associations and gave presentations, including a public “mini law” lecture on online purchasing. He was on the organizing committee of the CIAJ’s annual conference “Privacy in the Age of Information” in St. John’s. He also served on the Nova Scotia Securities Commission and many university and law school committees. A highlight of the year was a cycling tour through the Loire Valley, France, with his family.
Professor Richard Devlin’s research projects have focused on the relationship between the judiciary and regulation theory. The first project is a collaboration with Professor Adam Dodek (Ottawa), called Regulating Judges. In this edited collection, the authors bring together scholars from 19 countries to critically analyze the variety of mechanisms deployed to regulate judges. The second project is his contribution to the development of a set of international principles for the appointment of judges. The principles will be jointly published by the Bingham Centre for the Rule of Law and the University of Cape Town. The third project, with Professor Sheila Wildeman, is a critical assessment of the judicial discipline processes in Canada.
Professor Meinhard Doelle is collaborating with a team of leading academics and UN staff to develop a guide and critique of the new UN climate regime arising from the Paris Climate Agreement. The book will cover the range of issues to be included in the new climate regime, from mitigation and adaptation to finance, loss and damage, technology, capacity building and compliance. The book will be published by Oxford University Press and is due to be released in the fall of 2016. In parallel to the book, the editorial team is developing a training and education program on the emerging UN climate regime.
Professor Jocelyn Downie was kept busy this year with the matter of assisted death. Following the decision from the Supreme Court of Canada in Carter v. Canada, the issue shifted from whether to decriminalize assisted death to how to do so. Most recently, she was on the Provincial/Territorial Expert Advisory Group on Physician-Assisted Dying. On the teaching front, she is continuing the Sisyphean task of refining the Legal Ethics and Regulation of the Profession course. Up next is trying to respond to the Truth and Reconciliation Commission recommendations aimed at law schools by starting to bring indigenous legal traditions, principles, and values into the “PR” classroom.
Professor Joanna Erdman, MacBain Chair in Health Law and Policy, was recently appointed to chair the Global Health Advisory Committee of the Public Health Program, Open Society Foundations, a global grant-making network active in more than 100 countries. The Public Health Program works at the intersection of health and human rights, seeking to advance the social inclusion of groups discriminated against in health, and to increase transparency, accountability and participation in health related-decision making. Joanna also chairs the Gender and Rights Advisory Panel of the Department of Reproductive Health and Research at the World Health Organization.
Professor Elaine Gibson was awarded the Charles D. Gonthier Research Fellowship from the Canadian Institute for the Administration of Justice, and in October 2014 presented the results of her research at their annual conference in St. John’s on the topic of “Competing Forces: Retention and Destruction of Personal Health Information in an Electronic World.” She drafted a report for the Nova Scotia Department of Health and Wellness (along with Leah Hutt, Constance MacIntosh and Sheila Wildeman) on legal issues surrounding the electronic monitoring of forensic mental health patients. Elaine co-chairs the Advisory Committee on Ethical, Legal and Social Issues for the Canadian Longitudinal Study on Aging.
Last year, Professor Diana Ginn worked with Paul Hutchinson (a mediator, therapist, former director of the Correymeela Peace and Reconciliation Centre in Northern Ireland and a filmmaker) to develop a new short course on mediation, with a focus on applying lessons learned in Northern Ireland to conflicts in Canada. The course was offered by the law school for the first time in the fall of 2015 and received very positively by students. Professor Ginn looks forward to continuing collaboration with Paul Hutchinson; last May she attended a week long session on conflict resolution at the Corrymeela Centre and this May, will be returning with another group, this time as a co-leader.
Professor Elizabeth Hughes, Assistant Dean Academic, taught tort law and damage compensation to first-year students again, and continued to serve as faculty supervisor for the Nova Scotia Supreme Court and Court of Appeal student clerkship programs. She coordinated a number of new initiatives within the Law School and continues to work closely with students. Professor Hughes served on the Dalhousie University Senate in the 2014-15 academic year, and on a number of law school and university committees. She continues her volunteer work in animal rescue.
Professor H. Archibald (Archie) Kaiser taught criminal law, criminal procedure and mental disability law: civil and criminal, as well as legal issues in psychiatry. He published two articles on the Mr. Big sting, based on the Hart and Mack cases, accompanied by sessions for the bar and faculty. He was a lecturer at the Osgoode National Symposium on Mental Health Law, the McGill Journal of Law and Health Colloquium, the National Judicial Institute and the Mini-Law Program. His daughters and partner are busy: Elspeth (PhD in Law, UBC); Catriona (JD, University of Saskatchewan); Freya (BA Hons, Queen’s); Anne, Provincial (and Youth) Court, doing long trials.
Professor William Lahey taught property law, administrative law and health systems law and policy, and in the College of Sustainability and the School of Health Administration’s executive education program. He received the Dalhousie Law Students’ Society and Alumni Excellence in Teaching Award. With Professor Meinhard Doelle, he completed a report for the Province of Nova Scotia on a new regulatory framework for the aquaculture industry. Articles or book chapters addressed the role of utilities regulation in improving environmental performance of electricity systems, inter-professional regulatory collaboration in health care, health care’s response to frailty and the role of legislation in environmental governance.
Professor Jennifer Llewellyn continues to research and work on a restorative justice approach nationally and internationally. She facilitated the design process for the restorative inquiry for the Home for Coloured Children and was appointed to the Inquiry’s Council of Parties as a process advisor. She served as an advisor and co-facilitator of the restorative justice process at the Faculty of Dentistry. She also conducted a review of the Northwest Territories Human Rights System. She is planning the international conference Exploring Possibilities: A Restorative Approach to Climate and Culture in Education, Workplace and Professions that was held in Halifax in June 2016. She received the National Ron Wiebe Restorative Justice Award from the Corrections Canada.
Professor Geoffrey Loomer was delighted to be awarded tenure and to be promoted to Associate Professor in 2015. In addition to teaching various tax law subjects and secured transactions, he published articles on the taxation of multinational corporations and international partnerships, co-authored a new textbook on the taxation of business organizations in Canada and contributed to the fifth edition of a textbook on Canadian income tax law. Geoff continues to be a member of the planning committee for the Canadian Tax Foundation’s annual Atlantic Conference.
Professor Constance MacIntosh, Director of Dalhousie’s Health Law Institute, collaborated with colleagues on a report for the Department of Health and Wellness on Charter, Criminal Code and Human Rights Code implications of GPS tracking for forensic mental health patients. She served on an expert panel for the Nova Scotia Independent Review of Hydraulic Fracturing and was lead author on chapters on regulatory issues and the constitutional and other rights of Mi’kmaq people. Her community-based work involved the Legal Strategy Coalition on Violence Against Indigenous Women, speaking at Amnesty International’s AGM and acting as supervising lawyer for ISANS’s legal information clinic. She served on university committees, supervised graduate students and taught contacts, immigration, refugee and Aboriginal law.
Professor Wayne MacKay was granted an honorary doctorate of law by Saint Mary’s University in recognition of his public service to Nova Scotia, Canada and beyond. He continues as the media person for most legal matters. He gave the keynote address at the Canadian Law Reform Commission’s conference in Halifax in October 2015 and presented on the Charter aspects of Bar Society Discipline hearings at another national conference. He delivered presentations on cyberbullying, including a Mini Law School session. He teaches public law and holds the Yogis and Keddy Chair in Human Rights Law. He published the lead article in the most recent U.N.B. Law Journal on the legal aspects of cyberbullying.
Professor Leonard Rotman, Purdy Crawford Chair in Business Law, spent the 2014-15 academic year on leave. He continued writing and tweeting (@ProfessorRotman) in corporate law, corporate social responsibility and fiduciary obligations but also undertook work on Disgorgement in Contract and the role of Equity in law school and contemporary law. He published the chapters “Fiduciary Obligations” and “Remedies” in Faye Woodman’s Trusts casebook and wrote a paper on Disgorgement for the National Judicial Institute conference in May 2015, which examines the notion of good faith in Contract Law from the SCC’s judgment in Bhasin v. Hrynew.
Professor Rollie Thompson continues to teach family law, evidence and civil procedure when not gadding about the country talking to judges or lawyers about spousal support or evidence law or relocation of parents or child protection. This past year, his doctoral student Ilana Luther successfully defended her brilliant thesis on Nova Scotia’s child protection law and history and obtained her PhD. Rollie is currently producing a Revised User’s Guide to the Spousal Support Advisory Guidelines with Carol Rogerson from U of T. The “R.U.G.” will be released in time for the National Family Law Program in July in St. John’s (he’s one of the organizers).
Professor David VanderZwaag continues to work with natural scientists in exploring the governance challenges raised by climate change and ocean acidification. Under the Marine Environmental Observation Prediction and Response (MEOPAR) Network, a National Centre of Excellence based at Dalhousie, his recent publications include “Ocean Acidification and Geoengineering: Navigating Beyond the Law of the Sea” (2014) 47 Belgium Review of International Law 137 and “Ocean Acidification: Scientific Surges, Lagging Law and Policy Responses” in R Warner & S Kaye (eds), Routledge Handbook of Maritime Regulation and Enforcement (2015) (with Katja Fennel).
Professor Sheila Wildeman has been exploring the connections between deprivation of liberty and lack of community supports, as illustrated by institutionalization in psychiatric hospitals, prisons and residential care facilities. In the spring in Saskatoon, she was on a panel addressing the myth of the rule of law in prisons with prison activists Lisa Neve and Yvonne Johnson. This past fall in London, she presented work examining England’s “deprivation of liberty safeguards” in light of liberty restrictions in health and social care in Nova Scotia. Sheila was on a panel with prison activist Julie Bilotta and lawyer-activist Emma Halpern, addressing the use of women’s bodies as instruments of punishment in prisons.
Professor Michelle Williams led the Indigenous Blacks & Mi’kmaq Initiative’s 25th Anniversary celebrations including a student outreach day, a symposium on the Donald Marshall Jr. Report, a gala unveiling Donald Marshall Jr.’s portrait and recognition of Shawna Hoyte’s induction into the Bertha Wilson Honour Society. The IB&M Initiative received the Canadian Race Relations Foundation Award of Excellence in 2014 and the Canadian Bar Association—Nova Scotia Branch Law Day Award in 2015. She taught criminal law, made a deputation to the Inter American Commission on Human Rights entitled “African Nova Scotians: Rooted Claims for Generational Justice” and presented at the 2015 Black Canadian Studies Association Biennial Conference on “Reconstituting African Canadian Identity.” In September, the IB&M Initiative welcomed its first Mi’kmaq Elder-in-Residence, Jane Abram.
Professor Faye Woodman with Mark Gillen (University of Victoria) produced the third edition of The Law of Trusts: A Contextual Approach in the summer. She also continued her teaching and lecturing at the school and to community groups on pension law and financial strategies for families with persons with disabilities.
Emeritus Professor Hugh Kindred was involved in the publication of two books in 2014. He was a co-author with Stephen Coughlan, Rob Currie and Teresa Scassa of the descriptively titled Law Beyond Borders: Extraterritorial Jurisdiction in an Age of Globalization and a co-author and co-editor with Phillip Saunders and Rob Currie of the new eighth edition of International Law Chiefly as Interpreted and Applied in Canada. In 2015 he co-authored and co-edited with Aldo Chircop, Will Moreira and Edgar Gold the second edition of Canadian Maritime Law. He continued to work with graduate students as well as teaching classes in international law and consulting on course curriculum for trade and shipping law.
Professor Moira McConnell retired from teaching in July 2015 and was appointed Professor Emerita of Law and also named as an Honorary Fellow by the Marine & Environmental Law Institute. Colleague Professor Emeritus John Yogis nominated her for a place among the tremendous women on the “Riva Spatz Womens’ Wall of Honour.” Although she is now based in Montreal, she is still involved in projects related to maritime law, law of the sea and environmental law and is currently completing a book. She remains actively engaged with graduate programs and is an adjunct professor for the Law School’s graduate program, for the University’s Interdisciplinary PhD program and for the Master’s Degree in Marine Affairs in the Faculty of Science.