“Location Matters: How Nuisance Governs Access to Property for Free Expression”

This paper examines the relationship between the right to free expression and property in Canada. I argue that Canadian courts use the logic of nuisance to govern rights of access to and use of property for the purposes of free expression. By ‘logic of nuisance’ I mean that courts are more willing to uphold free expression when it is quiet, unobtrusive, and does not interfere with the primary function of the property on which it takes place Two recent lower court cases, Batty v City of Toronto and R v Whatcott are, I argue, paradigmatic of the Canadian jurisprudence on free expression and access to property. Reading these cases together highlights, with particular clarity, the often implicit judicial references to nuisance. I argue that this ‘logic of nuisance’ is much too restrictive and call for a jurisprudence which defers to the right of free expression rather than to property

“Private Property Rights and Public Responsibility: Leaving Room for the Homeless”

This paper uses the recent case of Victoria (City) v Adams to examine how Canadian law guarantees or restricts access to publicly accessible property. The paper argues that the understanding and view of property in Adams is in keeping with the Supreme Court of Canada’s jurisprudence on publicly accessible property. By comparing public property with private property, the paper argues that in Canada all property is seen as private property and is protected as such. The paper argues that the current understanding of property is unacceptable because it leaves no room for those who have no private property rights. It looks at other models of property to see if they leave room for those with no property of their own. The paper then moves on to argue that the common law, despite understanding all property as private, leaves room for those who have no property of their own. This feature of the common law of property has often been overlooked, however, resulting in laws that are unworkable and unacceptable

The Public Right to Fish and the Triumph of Colonial Dispossession in Ireland and Canada

In both late-nineteenth-century Ireland and late-twentieth-century Canada there were a cluster of cases which discussed the public right to fish. A comparison of the jurisprudence in these two examples highlights the tacit clash between two competing legal systems seen in fishing rights cases; namely the common law versus pre-existing legal systems. By comparing the two examples, I examine the ways in which the law can be used to challenge and withstand colonial assertions of power but also the ways in which courts silence or ignore these claims, even if they are phrased in terms the common law ought to understand. As adaptable as the common law may be to local conditions, in the case of the public right to fish it was altered to suit colonial ends and to further the dispossession of the rightful owners of the fisheries

"Common Law Property Theory and Jurisprudence in Canada"

In recent years, property theorists have offered varying accounts as to what exactly ownership is, typically focusing on one or more key rights to the owned thing. However, most of these theories are articulated in the abstract and do not engage the jurisprudence. This article uses the jurisprudence concerning expropriation and adverse possession to show that Canadian courts have in fact developed their own definition of ownership—one that is not reflected in the property theory discourse. The author goes on to argue that this narrower definition of ownership—made up by the rights to exclude and to primary use—is preferable to those offered by the property theorists, as it better balances the competing interests of owners, non-owners and the state

Of Malls and Campuses: The Regulation of University Campuses and Section 2(b) of the Charter

There have been a number of recent cases from across Canada about whether the Charter applies to public universities. Courts in Alberta have suggested that the Charter will apply to public universities while courts in British Columbia and Ontario have refused to apply the Charter to such cases. In this article I focus on the cases that also involve a claim to use university space, that is, those cases where there is an argument that by failing to allow an event on campus the university has violated the free expression guarantee in the Charter. If the Charter does apply, and I argue that it does, this matters for how we conceive of university property. It is too simplistic to hold that university property is private and, as such, section 2(b) should grant a right of access to some instances of university property under certain circumstances

"The Alberta Liquor Control Board and the Question of Administrative Independence, 1924-1939”

This article discusses administrative independence by using Alberta’s first attempt at creating a Liquor Control Board as a case study. The article examines the relationships between the Board, the government, and the public in order to contribute to a more rigorous understanding of administrative independence that goes beyond the usual comparisons to judicial independence

Research Notes : Increasing phytophthora-rot severity in field screening

Walters and Caviness (1968) reported that phytophthora-susceptible varieties in Arkansas were more prone to the disease than resistant varieties if sprayed with 2,4-DB at flowering time. This increase in disease severity suggests that 2,4-D8 could be used to increase the effectiveness of natural and mass selection (cf. Buzzell and Haas, 1972) for disease resistance/tolerance to Phytophthora megaspenna var. sojae (Pms). A non-replicated observation test was established in a field known to be infested with Pms races 3, 7 and 9 (T. R. Anderson, unpublished results) at the Soils Substation, Woodslee, Ontario

Recent Developments in Montana Law

Recent Developments in Montana La

The NASA-Ames Research Center stratospheric aerosol model. 2. Sensitivity studies and comparison with observatories

Sensitivity tests were performed on a one-dimensional, physical-chemical model of the unperturbed stratospheric aerosols, and model calculations were compared with observations. The tests and comparisons suggest that coagulation controls the particle number mixing ratio, although the number of condensation nuclei at the tropopause and the diffusion coefficient at high altitudes are also important. The sulfur gas source strength and the aerosol residence time are much more important than the supply of condensation nuclei in establishing mass and large particle concentrations. The particle size is also controlled mainly by gas supply and residence time. In situ observations of the aerosols and laboratory measurements of aerosols, parameters that can provide further information about the physics and chemistry of the stratosphere and the aerosols found there are provided