Judging Bertha Wilson

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Judging Bertha Wilson

Author : Ellen Anderson
Publisher : University of Toronto Press
Page : 534 pages
File Size : 50,6 Mb
Release : 2002-01-01
Category : Biography & Autobiography
ISBN : 0802085822

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Judging Bertha Wilson by Ellen Anderson Pdf

Madame Justice Bertha Wilson, the first woman appointed to the Supreme Court of Canada, is an enormously influential and controversial figure in Canadian legal and political history. This engaging, authorized, intellectual biography draws on interviews conducted under the auspices of the Osgoode Society for Legal History, held in Scotland and Canada with Madame Justice Wilson, as well as with her friends, relatives, and colleagues. The biography traces Wilson's story from her birth in Scotland in 1923 to the present. Wilson's contributions to the areas of human rights law and equality jurisprudence are many and well-known. Lesser known are her early days in Scotland and her work as a minister's wife or her post-judicial work on gender equality for the Canadian Bar Association and her contributions to the Royal Commission on Aboriginal Peoples. Through a scrupulous survey of Wilson's judgements, memos, and academic writings (many as yet unpublished), Ellen Anderson shows how Wilson's life and the law were seamlessly integrated in her persistent commitment to a stance of principled contextuality. This stance has had an enduring effect on the evolution of Canadian law and cultural history. Supported with the warmth and generosity of Wilson's numerous personal anecdotes, this work illuminates the life and throught of a woman who has left an extraordinary mark on Canada's legal landscape.

Judging Bertha Wilson

Author : Ellen Anderson
Publisher : University of Toronto Press
Page : 534 pages
File Size : 43,7 Mb
Release : 2002-12-15
Category : Biography & Autobiography
ISBN : 9781442657694

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Judging Bertha Wilson by Ellen Anderson Pdf

Madame Justice Bertha Wilson, the first woman appointed to the Supreme Court of Canada, is an enormously influential and controversial figure in Canadian legal and political history. This engaging, authorized, intellectual biography draws on interviews conducted under the auspices of the Osgoode Society for Legal History, held in Scotland and Canada with Madame Justice Wilson, as well as with her friends, relatives, and colleagues. The biography traces Wilson's story from her birth in Scotland in 1923 to the present. Wilson's contributions to the areas of human rights law and equality jurisprudence are many and well-known. Lesser known are her early days in Scotland and her work as a minister's wife or her post-judicial work on gender equality for the Canadian Bar Association and her contributions to the Royal Commission on Aboriginal Peoples. Through a scrupulous survey of Wilson's judgements, memos, and academic writings (many as yet unpublished), Ellen Anderson shows how Wilson's life and the law were seamlessly integrated in her persistent commitment to a stance of principled contextuality. This stance has had an enduring effect on the evolution of Canadian law and cultural history. Supported with the warmth and generosity of Wilson's numerous personal anecdotes, this work illuminates the life and thought of a woman who has left an extraordinary mark on Canada's legal landscape.

Justice Bertha Wilson

Author : Kim Brooks
Publisher : UBC Press
Page : 347 pages
File Size : 42,6 Mb
Release : 2010-07-01
Category : Law
ISBN : 9780774859141

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Justice Bertha Wilson by Kim Brooks Pdf

Bertha Wilson’s appointment as the first female justice of the Supreme Court of Canada in 1982 capped off a career of firsts. Wilson had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her death in 2007 provoked reflection on her contributions to the Canadian legal landscape and raised the question, what difference do women judges make? Justice Bertha Wilson examines Wilson’s career through three distinct frames and a wide range of feminist perspectives. The authors evince Wilson’s contributions to the legal system in “Foundations,” examine her role in high-profile decisions in “Controversy,” and assess her credentials as a feminist judge and her impact on education and the profession in “Reflections.” This nuanced portrait of a complex, controversial woman will appeal to lawyers, judges, policy makers, academics, and anyone interested in law and women’s contributions to Canadian society.

Two Firsts

Author : Constance Backhouse
Publisher : Second Story Press
Page : 238 pages
File Size : 41,9 Mb
Release : 2019-03-08
Category : Biography & Autobiography
ISBN : 9781772600940

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Two Firsts by Constance Backhouse Pdf

Bertha Wilson and Claire L’Heureux-Dubé were the first women judges on the Supreme Court of Canada. Their 1980s judicial appointments delighted feminists and shocked the legal establishment. Polar opposites in background and temperament, the two faced many identical challenges. Constance Backhouse’s compelling narrative explores the sexist roadblocks both women faced in education, law practice, and in the courts. She profiles their different ways of coping, their landmark decisions for women’s rights, and their less stellar records on race. To explore the lives and careers of these two path-breaking women is to venture into a world of legal sexism from a past era. The question becomes, how much of that sexism has been relegated to the bins of history, and how much continues?

Brian Dickson

Author : Robert J. Sharpe,Kent Roach
Publisher : University of Toronto Press
Page : 642 pages
File Size : 45,9 Mb
Release : 2003-12-15
Category : Biography & Autobiography
ISBN : 9781442659209

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Brian Dickson by Robert J. Sharpe,Kent Roach Pdf

When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern. Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.

Truth Be Told

Author : Beverley McLachlin
Publisher : Simon and Schuster
Page : 385 pages
File Size : 47,6 Mb
Release : 2019-09-24
Category : Biography & Autobiography
ISBN : 9781982104986

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Truth Be Told by Beverley McLachlin Pdf

INSTANT NATIONAL BESTSELLER WINNER OF THE WRITERS’ TRUST SHAUGHNESSY COHEN PRIZE WINNER OF THE OTTAWA BOOK AWARD FOR NONFICTION ​Former Chief Justice of the Supreme Court of Canada Beverley McLachlin offers an intimate and revealing look at her life, from her childhood in the Alberta foothills to her career on the Supreme Court, where she helped to shape the social and moral fabric of the country. As a young girl, Beverley McLachlin’s world was often full of wonder—at the expansive prairie vistas around her, at the stories she discovered in the books at her local library, and at the diverse people who passed through her parents’ door. While her family was poor, their lives were rich in the ways that mattered most. Even at a young age, she had an innate sense of justice, which was reinforced by the lessons her parents taught her: Everyone deserves dignity. All people are equal. Those who work hard reap the rewards. Willful, spirited, and unusually intelligent, she discovered in Pincher Creek an extraordinary tapestry of people and perspectives that informed her worldview going forward. Still, life in the rural Prairies was lonely, and gaining access to education—especially for girls—wasn’t always easy. As a young woman, McLachlin moved to Edmonton to pursue a degree in philosophy. There, she discovered her passion lay not in academia, but in the real world, solving problems directly related to the lives of the people around her. And in the law, she found the tools to do exactly that. She soon realized, though, that the world was not always willing to accept her. In her early years as an articling student and lawyer, she encountered sexism, exclusion, and old boys’ clubs at every turn. And outside the courtroom, personal loss and tragedies struck close to home. Nonetheless, McLachlin was determined to prove her worth, and her love of the law and the pursuit of justice pulled her through the darkest moments. McLachlin’s meteoric rise through the courts soon found her serving on the highest court in the country, becoming the first woman to be named Chief Justice of the Supreme Court of Canada. She rapidly distinguished herself as a judge of renown, one who was never afraid to take on morally complex or charged debates. Over the next eighteen years, McLachlin presided over the most prominent cases in the country—involving Charter challenges, same-sex marriage, and euthanasia. One judgment at a time, she laid down a legal legacy that proved that fairness and justice were not luxuries of the powerful but rather obligations owed to each and every one of us. With warmth, honesty, and deep wisdom, McLachlin invites us into her legal and personal life—into the hopes and doubts, the triumphs and losses on and off the bench. Through it all, her constant faith in justice remained her true north. In an age of division and uncertainty, McLachlin’s memoir is a reminder that justice and the rule of law remain our best hope for a progressive and bright future.

The Persons Case

Author : Robert J. Sharpe,Patricia I. McMahon
Publisher : University of Toronto Press
Page : 272 pages
File Size : 45,9 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.

Searching for W.P.M. Kennedy

Author : Martin L. Friedland
Publisher : University of Toronto Press
Page : 502 pages
File Size : 52,9 Mb
Release : 2020-04-02
Category : History
ISBN : 9781487533922

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Searching for W.P.M. Kennedy by Martin L. Friedland Pdf

Born in Ireland in 1879, W.P.M. Kennedy was a distinguished Canadian academic and the leading Canadian constitutional law scholar for much of the twentieth century. Despite his trailblazing career and intriguing personal life, Kennedy’s story is largely a mystery. Weaving together a number of key events, Martin L. Friedland’s lively biography discusses Kennedy’s contributions as a legal and interdisciplinary scholar, his work at the University of Toronto where he founded the Faculty of Law, as well as his personal life, detailing stories about his family and important friends, such as Prime Minister Mackenzie King. Kennedy earned a reputation in some circles for being something of a scoundrel, and Friedland does not shy away from addressing Kennedy’s exaggerated involvement in drafting the Irish constitution, his relationships with female students, and his quest for recognition. Throughout the biography, Friedland interjects with his own personal narratives surrounding his interactions with the Kennedy family, and how he came to acquire the private letters noted in the book. The result is a readable, accessible biography of an important figure in the history of Canadian intellectual life.

Claire L’Heureux-Dubé

Author : Constance Backhouse
Publisher : UBC Press
Page : 768 pages
File Size : 48,6 Mb
Release : 2017-11-06
Category : Biography & Autobiography
ISBN : 9780774836357

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Claire L’Heureux-Dubé by Constance Backhouse Pdf

Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court. Only the second woman on the Supreme Court of Canada, L’Heureux-Dubé anchored her approach to cases in their social, economic, and political context. This compelling biography takes a similar tack, tracing the experience of a francophone woman within the male-dominated Quebec legal profession – and within the primarily anglophone world of the Supreme Court. In the process, Constance Backhouse enhances our understanding of the Canadian judiciary, the creation of law, the Quebec socio-legal environment, and the nation’s top court.

Canadian Justice, Indigenous Injustice

Author : Kent Roach
Publisher : McGill-Queen's Press - MQUP
Page : 329 pages
File Size : 43,6 Mb
Release : 2019-01-21
Category : Social Science
ISBN : 9780773556447

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Canadian Justice, Indigenous Injustice by Kent Roach Pdf

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Ethical Principles for Judges

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 52,6 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Tort Theory

Author : Kenneth D. Cooper-Stephenson
Publisher : Captus Press
Page : 448 pages
File Size : 51,9 Mb
Release : 1993
Category : Damages
ISBN : 0921801874

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Tort Theory by Kenneth D. Cooper-Stephenson Pdf

Courts in Federal Countries

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 51,8 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

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Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.