A History Of Law In Canada Vol 1

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 53,7 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

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.

Author : G. Blaine Baker,Donald Fyson
Publisher : University of Toronto Press
Page : 609 pages
File Size : 46,9 Mb
Release : 1981-01-01
Category : History
ISBN : 9781442648159

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Essays in the History of Canadian Law by G. Blaine Baker,Donald Fyson Pdf

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women's studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 54,6 Mb
Release : 2018-12-21
Category : Law
ISBN : 9781487530594

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A History of Law in Canada, Volume One by Philip Girard,Jim Phillips,R. Blake Brown Pdf

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.

Author : Susan Lewthwaite,Tina Loo,Jim Phillips
Publisher : University of Toronto Press
Page : 584 pages
File Size : 44,9 Mb
Release : 1994-12-15
Category : Law
ISBN : 9781442659087

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Essays in the History of Canadian Law by Susan Lewthwaite,Tina Loo,Jim Phillips Pdf

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.

Author : Jim Phillips,Philip Girard,R. Blake Brown
Publisher : Osgoode Society for Canadian L
Page : 720 pages
File Size : 49,7 Mb
Release : 2023-01-15
Category : History
ISBN : 1487545673

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A History of Law in Canada, Volume Two by Jim Phillips,Philip Girard,R. Blake Brown Pdf

This book recounts the many and varied transformations in the history of law in Canada in the half century after Confederation.

Author : Constance Backhouse
Publisher : University of Toronto Press
Page : 505 pages
File Size : 46,5 Mb
Release : 1999-11-20
Category : Social Science
ISBN : 9781442690851

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Colour-Coded by Constance Backhouse Pdf

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

Author : Constance Backhouse
Publisher : Canadian Scholars’ Press
Page : 498 pages
File Size : 55,9 Mb
Release : 2015-02-01
Category : Law
ISBN : 9780889615229

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Petticoats and Prejudice - Women's Press Classics by Constance Backhouse Pdf

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.

Author : W. Wesley Pue,Barry Wright
Publisher : McGill-Queen's Press - MQUP
Page : 361 pages
File Size : 40,6 Mb
Release : 1988-01-01
Category : History
ISBN : 9780773595682

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Canadian Perspectives on Law and Society by W. Wesley Pue,Barry Wright Pdf

Author : Carol Wilton
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 1996
Category : Law firms
ISBN : 0802009352

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Inside the Law by Carol Wilton Pdf

Author : Frank Murray Greenwood,Barry Wright
Publisher : University of Toronto Press
Page : 760 pages
File Size : 47,9 Mb
Release : 1996-12-15
Category : Law
ISBN : 9781487597900

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Canadian State Trials Volume I by Frank Murray Greenwood,Barry Wright Pdf

]State trials reveal much about a nation's insecurities and shed light on important themes in political, constitutional, and legal history. In Canada, perceived and real threats to the state have ranged from dissent, disaffection, and the emergence of threatening ideologies to insurrection, riot, violent protest, and military invasion. The Canadian State Trials series will explore the role of the law in regulating such threats, from the period of early European settlement to 1971. The first volume and the planned series as a whole present a great deal of new material by prominent Canadian historians and legal scholars. Although certain Canadian political trials and security crises have received scholarly attention in the past, there has never been a comprehensive and systematic examination of the country's surprisingly rich record in this area. The eighteen essays in Volume I examine this record for the period 1608-1837, covering proceedings in New France, the four Atlantic colonies, the Old Province of Quebec, and the two Canadas. They highlight security law during the American revolution, the wars against revolutionary/Napoleonic France, and the War of 1812; comparative treason law; and the trials of David McLane, Robert Gourlay, Francis Collins, and Joseph Howe, among others. The essays, which extensive use of primary sources (the most illuminating of which appear in a documentary appendix), place the examination of the law and its administration during these events in socio-political and comparative context.

Author : David H. Flaherty
Publisher : University of Toronto Press
Page : 444 pages
File Size : 51,9 Mb
Release : 1981-12-15
Category : Law
ISBN : 9781487596972

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Essays in the History of Canadian Law by David H. Flaherty Pdf

This volume, containing ten essays, is the first of two designed to illustrate the wide possibilities for research and writing in Canadian legal history and reflecting the current interests of those working in that area. Topics covered include historical aspects of company law, the law and the economy, legal reform in Ontario, custody law, the law of master and servant, the law of nuisance, origins of the Canadian Criminal Code, and women's rights in Quebec. Professor Flaherty supplies an introduction to the writing of Canadian legal history and, with his contributors, provides an important building block on which a significant tradition of indigenous legal history in Canada may grow and flourish.

Author : Dale Gibson
Publisher : McGill-Queen's Press - MQUP
Page : 549 pages
File Size : 44,6 Mb
Release : 2015-06-01
Category : History
ISBN : 9780773597068

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Law, Life, and Government at Red River, Volume 1 by Dale Gibson Pdf

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.

Author : Jim Phillips,Philip Girard,R. Blake Brown
Publisher : University of Toronto Press
Page : 604 pages
File Size : 44,8 Mb
Release : 2022-11-01
Category : Law
ISBN : 9781487545680

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A History of Law in Canada, Volume Two by Jim Phillips,Philip Girard,R. Blake Brown Pdf

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.

Author : Carol Wilton
Publisher : University of Toronto Press
Page : 651 pages
File Size : 50,8 Mb
Release : 1996-12-15
Category : Law
ISBN : 9781442651289

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Inside the Law by Carol Wilton Pdf

Law firms are important economic institutions in this country: they collect hundreds of millions of dollars annually in fees, they order the affairs of businesses and of many government agencies, and their members include some of the most influential Canadians. Some firms have a history stretching back nearly two hundred years, and many are over a century old. Yet the history of law firms in Canada has remained largely unknown. This collection of essays, Volume VII in the Osgoode Society's series of Essays in the History of Canadian Law, is the first focused study of a variety of law firms and how they have evolved over a century and a half, from the golden age of the sole practitioner in the pre-industrial era to the recent rise of the mega-firm. The volume as a whole is an exploration of the impact of economic and social change on law-firm culture and organization. The introduction by Carol Wilton provides a chronological overview of Canadian law-firm evolution and emphasizes the distinctiveness of Canadian law-firm history.

Author : Robert J. Sharpe,Patricia I. McMahon
Publisher : University of Toronto Press
Page : 272 pages
File Size : 54,8 Mb
Release : 2017-06-22
Category : Law
ISBN : 9781487516932

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The Persons Case by Robert J. Sharpe,Patricia I. McMahon Pdf

On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.