A History of Law in Canada, Volume One


Book Description

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.




Essays in the History of Canadian Law


Book Description

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


Book Description

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




Essays in the History of Canadian Law


Book Description

These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.




The African Canadian Legal Odyssey


Book Description

The African Canadian Legal Odyssey explores the history of African Canadians and the law from the era of slavery until the early twenty-first century. This collection demonstrates that the social history of Blacks in Canada has always been inextricably bound to questions of law, and that the role of the law in shaping Black life was often ambiguous and shifted over time. Comprised of eleven engaging chapters, organized both thematically and chronologically, it includes a substantive introduction that provides a synthesis and overview of this complex history. This outstanding collection will appeal to both advanced specialists and undergraduate students and makes an important contribution to an emerging field of scholarly inquiry.




A History of Canadian Legal Thought


Book Description

This volume in the Osgoode Society's distinguished series on the history of Canadian law is a collection of the principal essays of Professor Emeritus R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority on the history of Canadian legal thought. Frank Scott, Bora Laskin, W.P.M. Kennedy, John Willis and Edward Blake are among the better known figures whose thinking and writing about law are featured in this collection. But this compilation of the most important essays by a pioneer in Canadian legal history brings to light many other lesser known figures as well, whose writings covered a wide range of topics, from estoppel to the British North America Act to the purpose of legal education. Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate.




Arming and Disarming


Book Description

From the École Polytechnique shootings of 1989 to the political controversy surrounding the elimination of the federal long-gun registry, the issue of gun control has been a subject of fierce debate in Canada. But in fact, firearm regulation has been a sharply contested issue in the country since Confederation. Arming and Disarming offers the first comprehensive history of gun control in Canada from the colonial period to the present. In this sweeping, immersive book, R. Blake Brown outlines efforts to regulate the use of guns by young people, punish the misuse of arms, impose licensing regimes, and create firearm registries. Brown also challenges many popular assumptions about Canadian history, suggesting that gun ownership was far from universal during much of the colonial period, and that many nineteenth century lawyers – including John A. Macdonald – believed in a limited right to bear arms. Arming and Disarming provides a careful exploration of how social, economic, cultural, legal, and constitutional concerns shaped gun legislation and its implementation, as well as how these factors defined Canada’s historical and contemporary ‘gun culture.’




Osgoode Hall


Book Description

Winner of the 2006 Fred Landon Award Osgoode Hall is a national monument and one of the architectural treasures of Canada. Of the many public buildings erected in pre-confederation Canada and British North America, it best encapsulates the diverse stylistic forces that shaped public buildings in the first half of the nineteenth century. The gated lawns, grandly Venetian rotunda, the noble dimensions of its library, handsome and ornate courtroom, portrait-lined walls and stained glass evoke a venerable dignity to which few Canadian institutions even aspire. It has been the seat of the Law Society of Upper Canada since 1832 and of several of the Superior Courts of the province for almost as long. Intended to be the focal point of the legal profession in Upper Canada it has become a symbol of the legal tradition not only in Ontario but throughout Canada and beyond.




“Race,” Rights and the Law in the Supreme Court of Canada


Book Description

Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR




Bora Laskin


Book Description

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.