A History of Law in Canada, Volume One

A History of Law in Canada, Volume One
Author: Philip Girard
Publisher: University of Toronto Press
Total Pages: 928
Release: 2018-12-21
Genre: Law
ISBN: 1487530595

A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

A History of Law in Canada, Vol. 1

A History of Law in Canada, Vol. 1
Author: Philip Girard
Publisher: University of Toronto Press
Total Pages: 928
Release: 2018-01-01
Genre: History
ISBN: 1487504632

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Essays in the History of Canadian Law

Essays in the History of Canadian Law
Author: Susan Lewthwaite
Publisher: University of Toronto Press
Total Pages: 811
Release: 1994-12-15
Genre: Law
ISBN: 1442659084

This fifth volume in the distinguished series on the history of Canadian law turns to the important issues of crime and criminal justice. In examining crime and criminal law specifically, the volume contributes to the long-standing concern of Canadian historians with law, order, and authority. The volume covers criminal justice history at various times in British Columbia, Ontario, Quebec, and the Maritimes. It is a study which opens up greater vistas of understanding to all those interested in the interstices of law, crime, and punishment.

Colour-Coded

Colour-Coded
Author: Constance Backhouse
Publisher: University of Toronto Press
Total Pages: 505
Release: 1999-11-20
Genre: Social Science
ISBN: 1442690852

Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society

Law, Life, and Government at Red River, Volume 1

Law, Life, and Government at Red River, Volume 1
Author: Dale Gibson
Publisher: McGill-Queen's Press - MQUP
Total Pages: 549
Release: 2015-06-01
Genre: History
ISBN: 0773597069

Inhabited by a diverse population of First Nations peoples, Métis, Scots, Upper and Lower Canadians, and Americans, and dominated by the commercial and governmental activities of the Hudson’s Bay Company, Red River – now Winnipeg – was a challenging settlement to oversee. This illuminating account presents the story of the unique legal and governmental system that attempted to do so and the mixed success it encountered, culminating in the 1869–70 Red River Rebellion and confederation with Canada in 1870. In Law, Life, and Government at Red River, Dale Gibson provides rich, revealing glimpses into the community, and its complex relations with the Hudson’s Bay: the colony’s owner, and primary employer. Volume 1 details the history of the settlement’s establishment, development, and ambivalent relationship with the legal and undemocratic, but gradually, grudgingly, slightly, more representitive, governmental institutions forming in the area, and the legal system’s evolving engagement with the Aboriginal population. A vivid look into early settler life, Law, Life, and Government at Red River offers insights into the political, commercial, and legal circumstances that unfolded during western expansion.

Bora Laskin

Bora Laskin
Author: Philip Girard
Publisher: University of Toronto Press
Total Pages: 673
Release: 2005-01-01
Genre: Law
ISBN: 0802090443

In the history of twentieth-century Canadian law, Bora Laskin (1912-1984) is by all accounts one of its most important figures. Born in northern Ontario to Russian-Jewish immigrant parents, Laskin became a prominent human rights activist, university professor, and labour arbitrator before embarking on his 'accidental career' as a judge on the Ontario Court of Appeal, a member of the Supreme Court of Canada, and Chief Justice of Canada. Throughout his entire professional life, he used the law to make Canada a better place for workers, racial and ethnic minorities, and the disadvantaged. As a judge, he sought to make the judiciary more responsive to changing expectations in regard to justice and fundamental rights. In this biography, Philip Girard chronicles the life of a man who fought corporate capital, university boards, the Law Society of Upper Canada, and his own judicial colleagues in an effort to modernize institutions and reshape Canadian law. Girard draws on a wealth of previously untapped archival sources to provide, in vivid detail, a critical assessment of the contributions of a dynamic man on an important mission.

Policing Black Lives

Policing Black Lives
Author: Robyn Maynard
Publisher: Fernwood Publishing
Total Pages:
Release: 2017-09-18T00:00:00Z
Genre: Social Science
ISBN: 1552669807

Delving behind Canada’s veneer of multiculturalism and tolerance, Policing Black Lives traces the violent realities of anti-blackness from the slave ships to prisons, classrooms and beyond. Robyn Maynard provides readers with the first comprehensive account of nearly four hundred years of state-sanctioned surveillance, criminalization and punishment of Black lives in Canada. While highlighting the ubiquity of Black resistance, Policing Black Lives traces the still-living legacy of slavery across multiple institutions, shedding light on the state’s role in perpetuating contemporary Black poverty and unemployment, racial profiling, law enforcement violence, incarceration, immigration detention, deportation, exploitative migrant labour practices, disproportionate child removal and low graduation rates. Emerging from a critical race feminist framework that insists that all Black lives matter, Maynard’s intersectional approach to anti-Black racism addresses the unique and understudied impacts of state violence as it is experienced by Black women, Black people with disabilities, as well as queer, trans, and undocumented Black communities. A call-to-action, Policing Black Lives urges readers to work toward dismantling structures of racial domination and re-imagining a more just society.

Petticoats and Prejudice - Women's Press Classics

Petticoats and Prejudice - Women's Press Classics
Author: Constance Backhouse
Publisher: Canadian Scholars’ Press
Total Pages: 498
Release: 2015-02-01
Genre: Law
ISBN: 0889615225

Drawing on historical records of women’s varying experiences as litigants, accused criminals, or witnesses, this book offers critical insight into women’s legal status in nineteenth-century Canada. In an effort to recover the social and political conditions under which women lobbied, rebelled, and in some cases influenced change, Petticoats and Prejudice weaves together forgotten stories of achievement and defeat in the Canadian legal system. Expanding the concept of “heroism” beyond its traditional limitations, this text gives life to some of Canada’s lost heroines. Euphemia Rabbitt, who resisted an attempted rape, and Clara Brett Martin, who valiantly secured entry into the all-male legal profession, were admired by their contemporaries for their successful pursuits of justice. But Ellen Rogers, a prostitute who believed all women should be legally protected against sexual assault, and Nellie Armstrong, a battered wife and mother who sought child custody, were ostracized for their ideas and demands. Well aware of the limitations placed upon women advocating for reform in a patriarchal legal system, Constance Backhouse recreates vivid and textured snapshots of these and other women’s courageous struggles against gender discrimination and oppression. Employing social history to illuminate the reproductive, sexual, racial, and occupational inequalities that continue to shape women’s encounters with the law, Petticoats and Prejudice is an essential entry point into the gendered treatment of feminized bodies in Canadian legal institutions. This book was co-published with The Osgoode Society for Canadian Legal History.