A History Of Law In Canada Volume One

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 55,9 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 : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 40,6 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 : Greg Taylor
Publisher : University of Toronto Press
Page : 241 pages
File Size : 41,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780802099136

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The Law of the Land by Greg Taylor Pdf

Greg Taylor traces the spread of the Torrens system, from its arrival in the far-flung outpost of 1860s Victoria, British Columbia, right up to twenty-first century Ontario.

Author : Constance Backhouse
Publisher : University of Toronto Press
Page : 505 pages
File Size : 48,8 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 : Jim Phillips,Philip Girard,R. Blake Brown
Publisher : Osgoode Society for Canadian L
Page : 720 pages
File Size : 42,8 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 : Canadian Scholars’ Press
Page : 498 pages
File Size : 54,6 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 : James W. St. G. Walker,Osgoode Society for Canadian Legal History
Publisher : Wilfrid Laurier Univ. Press
Page : 474 pages
File Size : 53,7 Mb
Release : 1997-10-27
Category : History
ISBN : UOM:39015040556667

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“Race,” Rights and the Law in the Supreme Court of Canada by James W. St. G. Walker,Osgoode Society for Canadian Legal History Pdf

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

Author : Nancy McCormack,Melanie R. Bueckert
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2013
Category : Law
ISBN : 077985330X

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Introduction to the Law & Legal System of Canada by Nancy McCormack,Melanie R. Bueckert Pdf

This introductory text is intended to demystify the law and to provide information on the key components of the Canadian legal system including chapters on: The nature of law and competing theories of law Legal pluralism - how the Canadian legal system interacts with various religious legal systems Sources of Canadian law including legislation and caselaw The legal history of Britain, the reception of English law in Canada, the history of Civil Law in Quebec, and the bijural system The Constitution and the Canadian Charter of Rights and Freedoms The structure of Canadian government Courts across Canada and the work of judges and lawyers Problems regarding access to justice Substantive law including Criminal Law, Property Law, Contract Law, and Tort Law Procedural laws governing civil disputes and criminal prosecutions.

Author : David H. Flaherty,Carol Wilton
Publisher : Unknown
Page : 128 pages
File Size : 42,5 Mb
Release : 1981
Category : Law
ISBN : 0802071511

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Essays in the History of Canadian Law: Quebec and the Canadas by David H. Flaherty,Carol Wilton Pdf

Author : David H. Flaherty
Publisher : University of Toronto Press
Page : 444 pages
File Size : 42,6 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 : Robert J. Sharpe,Patricia I. McMahon
Publisher : University of Toronto Press
Page : 272 pages
File Size : 43,6 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.

Author : Jim Phillips,Philip Girard,R. Blake Brown
Publisher : University of Toronto Press
Page : 604 pages
File Size : 54,5 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 : Dominique Clément
Publisher : Wilfrid Laurier Univ. Press
Page : 233 pages
File Size : 44,6 Mb
Release : 2016-03-31
Category : History
ISBN : 9781771121651

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Human Rights in Canada by Dominique Clément Pdf

This book shows how human rights became the primary language for social change in Canada and how a single decade became the locus for that emergence. The author argues that the 1970s was a critical moment in human rights history—one that transformed political culture, social movements, law, and foreign policy. Human Rights in Canada is one of the first sociological studies of human rights in Canada. It explains that human rights are a distinct social practice, and it documents those social conditions that made human rights significant at a particular historical moment. A central theme in this book is that human rights derive from society rather than abstract legal principles. Therefore, we can identify the boundaries and limits of Canada’s rights culture at different moments in our history. Until the 1970s, Canadians framed their grievances with reference to Christianity or British justice rather than human rights. A historical sociological approach to human rights reveals how rights are historically contingent, and how new rights claims are built upon past claims. This book explores governments’ tendency to suppress rights in periods of perceived emergency; how Canada’s rights culture was shaped by state formation; how social movements have advanced new rights claims; the changing discourse of rights in debates surrounding the constitution; how the international human rights movement shaped domestic politics and foreign policy; and much more. In addition to drawing on secondary literature in law, history, sociology, and political science, this study looked to published government documents, litigation and case law, archival research, newspapers, opinion polls, and materials produced by non-governmental organizations.

Author : Sarah Carter,Alvin Finkel,Peter Fortna
Publisher : Athabasca University Press
Page : 462 pages
File Size : 43,7 Mb
Release : 2010
Category : Autochtones
ISBN : 9781897425800

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The West and Beyond by Sarah Carter,Alvin Finkel,Peter Fortna Pdf

The central aim of "The West and Beyond" is to evaluate and appraise the state of Western Canadian history, to acknowledge and assess the contributions of historians of the past and present, to showcase the research interests of a new generation of scholars, to chart new directions for the future, and stimulate further interrogations of our past.-- The book is broken into five sections and contains articles from both established and new scholars that broadly reflect findings of the conference "The West and Beyond:-- Historians Past, Present and Future" held in Edmonton, Alberta in the summer of 2008.-- The editors hope the collection will encourage dialogue among generations of historians of the West and among practitioners of diverse approaches to the past.-- The collection also reflects a broad range of disciplinary and professional interests suggesting a number of different ways to understand the West.

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 53,7 Mb
Release : 2019-05-06
Category : Law
ISBN : 9781487531157

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Law's Indigenous Ethics by John Borrows Pdf

Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.