Of Municipalities (The Municipal Governance Act)

Of Municipalities (The Municipal Governance Act of), 1873 c57 p89 Page 307 http://0-nsleg-edeposit.gov.ns.ca.legcat.gov.ns.ca/deposit/Statutes/RSNS/R-1873.pdf “…Nothing shall abridge, limit or defeat…Any rights, powers, privileges, jurisdiction…of the Town of Dartmouth…during any future sitting of the Legislature”

Dillon on Municipal Corporations

“The name of an incorporated place may be changed, its boundaries enlarged or diminished, and its mode of government altered, and yet the corporation not be dissolved, but in law remain the same” “Where the functions of an old corporation are superseded, or where the corporation, by loss of all …(Read More)

Constitutional Framework: Reference Points

“The constitution” “unconstitutional”. Talking about these can easily turn one into a conspiracy theorist in the eyes of others, what is Nova Scotia’s constitutional framework? People typically think of the Constitution Act of 1982 aka the Charter (http://laws-lois.justice.gc.ca/eng/Const/page-15.html#h-38) Or the BNA Act of 1867 (http://www.justice.gc.ca/…/constit…/lawreg-loireg/p1t11.html), but many do not consider …(Read More)

Dartmouth in the Legislature 1757-1867

Dartmouth has a long legislative history, more than 110 years before Confederation. Several bills specify “Dartmouth Town”, “Dartmouth Township” or the “Dartmouth Town Plot” long before it was incorporated as such (Nova Scotia actively dissuaded local self government for much of its early colonial history.) Dartmouth’s first record of township …(Read More)

1873: An Act to Incorporate the Town of Dartmouth

Some Highlights: *Checks & Balances: Two Councillors for each ward* (Chapter 3)Dartmouth shall be a corporation consisting of three wards.Dartmouth shall be governed by a council, consisting of a Warden and six Councillors (two for each ward). *Checks & Balances: Quasi-term limits, staggered terms: Wardens had a One year term, …(Read More)

Queen v. Town Council of Dartmouth

A mandamus was applied for, at the Instance of the Sessions for the County of Halifax, to compel the Warden and Council of the Town of Dartmouth to assess on the property of the town liable for assessment the sum of $15,076 for its proportion of County School Rates for …(Read More)

Subversion of the Constitution of Nova Scotia

“Subversion of the Constitution of Nova Scotia”“A fraud upon the Imperial Parliament” Nova Scotia’s third attempt to try and redress the slavery and serfdom that was “confederation” – Dartmouth being central to the effort to repeal Confederation. What happened to Nova Scotia in the context of Canada is exactly what …(Read More)

Laurence V. Patterson

Nova Scotia Supreme Court Justice Meager J in 1900, in regards to Dillon on Municipalities; utilizing American case law in regards to Nova Scotian municipalities, noting the parallels between the municipal situations in both jurisdictions (and their differences as constituted through their particular charters, enabling legislation) Cases Argued and Determined …(Read More)