Canada's Constitutional Revolution


Book Description

From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.







Canadian State Trials, Volume IV


Book Description

And incompetent justice : Legal repsonses to the 1885 Crisis [North-West Rebellions] / Bob Beal and B. Wright -- Another look at the Riel Trial for Treason [Louis Riel] / J.M. Bumstead -- The White Man governs. : The 1885 Indian trials [Indians, First Nation, Aboriginal or Native peoples] / Bill Waiser -- [Securing the dominion] -- High-handed, impolite, and empire-breaking actions : radicalism, anti-imperialism and political policing in Canada, 1860-1914 / Andrew Parnaby, Gregory S. Kealey with Kirk Niergarth -- Codification, public order and the security provisions of the Canadian Criminal Code, 1892 / Desmond H. Brown, B. Wright -- Appendices : Sir John A. Macdonald Fonds ; Archival Sources in Canada for Riel's Rebellion.




A History of Law in Canada, Volume Two


Book Description

This is the second of three volumes in an important collection that recounts the sweeping history of law in Canada. The period covered in this volume witnessed both continuity and change in the relationships among law, society, Indigenous peoples, and white settlers. The authors explore how law was as important to the building of a new urban industrial nation as it had been to the establishment of colonies of agricultural settlement and resource exploitation. The book addresses the most important developments in the seventeenth, eighteenth, and nineteenth centuries, including legal pluralism and the co-existence of European and Indigenous law. It pays particular attention to the Métis and the Red River Resistance, the Indian Act, and the origins and expansion of residential schools in Canada. The book is divided into four parts: the law and legal institutions; Indigenous peoples and Dominion law; capital, labour, and criminal justice; and those less favoured by the law. A History of Law in Canada examines law as a dynamic process, shaped by and affecting other histories over the long term.




The Courts


Book Description

Ian Greene offers an insider's perspective on the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform. He also examines judicial activism in the wider context of public participation in courts administration and judicial selection and of how responsive the courts are to the expectations of Canadian citizens. The Courts moves its examination of the judicial system beyond the well-trodden topics of judicial appointment, discipline, independence, and review to consider the ways in which courts affect daily life in terms of democratic principles. Although courts are often viewed as elitist and unaccountable, they are more valuable aspect of democratic practice than most citizens realize.







Forging Alberta's Constitutional Framework


Book Description

Forging Alberta’s Constitutional Framework analyzes the principal events and processes that precipitated the emergence and formation of the law and legal culture of Alberta from the foundation of the Hudson’s Bay in 1670 until the eve of the centenary of the Province in 2005. The formation of Alberta’s constitution and legal institutions was by no means a simple process by which English and Canadian law was imposed upon a receptive and passive population. Challenges to authority, latent lawlessness, interaction between indigenous and settler societies, periods (pre- and post-1905) of jurisdictional confusion, and demands for individual, group, and provincial rights and recognitions are as much part of Alberta’s legal history as the heroic and mythic images of an emergent and orderly Canadian west patrolled from the outset by red coated mounted police and peopled by peaceful and law-abiding subjects of the Crown. Papers focus on the development of criminal law in the Canadian west in the nineteenth century; the Natural Resources Transfer Agreement of 1930; the National Energy Program of the 1980s; Federal-Provincial relations; and the role and responsibilities of the offices of Justices of the Peace and of the Lieutenant-Governor; and the legacies of the Lougheed and Klein governments.




From Treaties to Reserves


Book Description

Though some believe that the Indian treaties of the 1870s achieved a unity of purpose between the Canadian government and First Nations, in From Treaties to Reserves D.J. Hall asserts that - as a result of profound cultural differences - each side interpreted the negotiations differently, leading to conflict and an acute sense of betrayal when neither group accomplished what the other had asked. Hall explores the original intentions behind the government's policies, illustrates their attempts at cooperation, and clarifies their actions. While the government believed that the Aboriginal peoples of what is now southern and central Alberta desired rapid change, the First Nations, in contrast, believed that the government was committed to supporting the preservation of their culture while they adapted to change. Government policies intended to motivate backfired, leading instead to poverty, starvation, and cultural restriction. Many policies were also culturally insensitive, revealing misconceptions of Aboriginal people as lazy and over-dependent on government rations. Yet the first two decades of reserve life still witnessed most First Nations people participating in reserve economies, many of the first generation of reserve-born children graduated from schools with some improved ability to cope with reserve life, and there was also more positive cooperation between government and First Nations people than is commonly acknowledged. The Indian treaties of the 1870s meant very different things to government officials and First Nations. Rethinking the interaction between the two groups, From Treaties to Reserves elucidates the complexities of this relationship.




Practically Perfect


Book Description

Is it possible to commit the perfect murder? The killers profiled by author Dale Brawn in Practically Perfect certainly thought so. These individuals believed they could beat the criminal justice system. In the end, they all find out that crime really doesn't pay.