The Court of Queen's Bench of Manitoba, 1870-1950


Book Description

This study of the Manitoba judiciary is not only the first biographical history to examine an entire provincial bench, it is also one of the first studies to offer an internal view of the political nature of the judicial appointment process. Dale Brawn has penned the biographies of the first thirty-three men appointed to Manitoba's Court of Queen's Bench. The relative youth of Manitoba as a province and the small size of its legal profession makes possible an exceptionally detailed investigation of the background of those appointed to the province's highest trial court. The biographical data that Brawn has collected for this book highlights the extent to which judicial candidates underwent a socialization process designed to produce a legal elite whose members shared remarkably similar views and ways of thinking. In addition, these biographies suggest that until at least 1950, seats on provincial benches were rewards for political services rendered. Many lawyers became judges not because of their legal ability, but because they had made themselves known in the communities in which they practiced. This fascinating study offers an intimate look at personalities ranging from prime ministers to members of the bench and both senior levels of government.




Law and Society Series


Book Description

Using the judiciary of Manitoba as a model, Paths to the Bench examines the political nature of Canada's judicial appointment process and suggests that ability alone seldom determined who went to the bench. In fact, many of Manitoba's early judges spent little time actually practising law, since professional merit was not a criterion for judicial appointments. Rather, it was relationships with influential mentors and communities that ensured appointments and ultimately propelled careers. Brawn offers an in-depth analysis of how the paths to the bench of competent and connected and less competent and connected lawyers differed. This book is one of the few studies to examine why many of the best and brightest members of the bar either did not want to go to the bench, or if they did, why they did not get there.




Wounded Feelings


Book Description

Wounded Feelings explores how people brought stories of emotional injury like betrayal, grief, humiliation, and anger before the Quebec courts from 1870 to 1950, and how lawyers and judges translated those feelings into the rational language of law.




The British Columbia Court of Appeal


Book Description

Courts of law at once reflect and shape the society in which they reside and dispense justice. To mark the 2010 centenary of the British Columbia Court of Appeal, this book presents an institutional, jurisprudential, and biographical account of the court and its evolving role in the province. Richly illustrated and replete with group portraits of judges and accounts of key cases, this authoritative history explores how the court came into being, how it has operated, and who its judges have been. In the process, it tells the story of how the court has shaped and been shaped by the social, political, and legal development of British Columbia.




Tracings of Gerald Le Dain's Life in the Law


Book Description

Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.




Connecting the Dots


Book Description

Harry W. Arthurs is a name held in high esteem by labour lawyers and academics throughout the world. Although many are familiar with Arthurs's contributions and accomplishments, few are acquainted with the man himself, or how he came to be one of the most influential figures in Canadian law and legal education. In Connecting the Dots Arthurs recounts his adventures in academe and the people, principles, ideas, motivations, and circumstances that have shaped his thinking and his career. The memoir offers intimate recollections and observations, beginning with the celebrated ancestors who influenced Arthurs's upbringing and education. It then sweeps through his career as an architect of important reforms in legal education and explores his research as a trailblazing commentator on the legal profession. Arthurs analyzes his experiences as a legal theorist and historian and his pivotal role as a discordant voice in debates over constitutional and administrative law. Along the way, he muses on the intellectual projects he embraced or set in motion, the institutional reforms he advocated, the public policies he recommended, and how they fared long term. Framed with commentary on the historical context that shaped each decade of his career and punctuated by moments of personal reflection, Connecting the Dots is a humorous, frank, and fearless account of the rise and fall of Canadian labour law from the man who was at the centre of it all.




The Court of Appeal for Ontario


Book Description

Christopher Moore's history of the Court of Appeal for Ontario traces the evolution of one of Canada's most influential courts from its origins to the post-Charter years.




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.




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.




Prairie Justice


Book Description

In May 1928, the body of George Edey was discovered on his Saskatchewan farm, leading to the swift arrest of a deaf and mentally disabled farmhand named Mike Hack. Following a three-day murder trial, Hack was quickly convicted and sentenced to death. Denied clemency, in January 1929 he was hanged in the courtyard of the Regina Jail at twenty-seven years of age and buried in an unmarked grave. Prairie Justice dissects this case, revealing its implications for important themes in the history of the Canadian criminal justice system. Wayne Sumner meticulously traces the narrative of the case, analysing each step from the initial murder investigation to the subsequent arrest, trial, conviction, denial of clemency, and execution of the man accused. Drawing on a personal connection to the case rooted in his family history – his father’s hometown was the village where the crime occurred, and both his grandfather and great-grandfather were involved in the investigation – Sumner uncovers deeper and more universal reasons to share the story. The book punctuates the narrative with insightful analysis on key criminal justice themes illustrated by the case: unfitness to stand trial, the defence of insanity, ineffective assistance of counsel, wrongful conviction, and miscarriage of justice. Ultimately, Prairie Justice exposes how access to justice can be merely illusory for the poor and marginalized.