The Canadian Society For Legal History

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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 : 40,5 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.

Wounded Feelings

Author : Eric H. Reiter
Publisher : University of Toronto Press
Page : 502 pages
File Size : 48,5 Mb
Release : 2019
Category : Liability for emotional distress
ISBN : 9781487506551

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Wounded Feelings by Eric H. Reiter Pdf

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.

Osgoode Hall

Author : John Honsberger
Publisher : Dundurn
Page : 340 pages
File Size : 43,7 Mb
Release : 2004-09-01
Category : Architecture
ISBN : 9781770701731

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Osgoode Hall by John Honsberger Pdf

Winner of the 2006 Fred Landon Award Osgoode Hall is a national monument and one of the architectural treasures of Canada. Of the many public buildings erected in pre-confederation Canada and British North America, it best encapsulates the diverse stylistic forces that shaped public buildings in the first half of the nineteenth century. The gated lawns, grandly Venetian rotunda, the noble dimensions of its library, handsome and ornate courtroom, portrait-lined walls and stained glass evoke a venerable dignity to which few Canadian institutions even aspire. It has been the seat of the Law Society of Upper Canada since 1832 and of several of the Superior Courts of the province for almost as long. Intended to be the focal point of the legal profession in Upper Canada it has become a symbol of the legal tradition not only in Ontario but throughout Canada and beyond.

Colour-Coded

Author : Constance Backhouse
Publisher : University of Toronto Press
Page : 505 pages
File Size : 44,7 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

Essays in the History of Canadian Law

Author : Susan Lewthwaite,Tina Loo,Jim Phillips
Publisher : University of Toronto Press
Page : 584 pages
File Size : 53,5 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.

The Persons Case

Author : Robert J. Sharpe,Patricia I. McMahon
Publisher : University of Toronto Press
Page : 272 pages
File Size : 43,9 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.

Doodem and Council Fire

Author : Heidi Bohaker
Publisher : University of Toronto Press
Page : 316 pages
File Size : 49,6 Mb
Release : 2020-12-07
Category : Law
ISBN : 9781442667877

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Doodem and Council Fire by Heidi Bohaker Pdf

Combining socio-legal and ethnohistorical studies, this book presents the history of doodem, or clan identification markings, left by Anishinaabe on treaties and other legal documents from the seventeenth through the nineteenth centuries. These doodems reflected fundamental principles behind Anishinaabe governance that were often ignored by Europeans, who referred to Indigenous polities in terms of tribe, nation, band, or village – classifications that failed to fully encompass longstanding cultural traditions of political authority within Anishinaabe society. Making creative use of natural history, treaty pictographs, and the Ojibwe language as an analytical tool, Doodem and Council Fire delivers groundbreaking insights into Anishinaabe law. The author asks not only what these doodem markings indicate, but what they may also reveal through their exclusions. The book also ooutlines the continuities, changes, and innovations in Anishinaabe governance through the concept of council fires and the alliances between them. Original and path-breaking, Doodem and Council Fire offers a fresh approach to Indigenous history, presenting a new interpretation grounded in a deep understanding of the nuances and distinctiveness of Anishinaabe culture and Indigenous traditions.

Arming and Disarming

Author : R. Blake Brown
Publisher : University of Toronto Press
Page : 377 pages
File Size : 46,9 Mb
Release : 2012-10-23
Category : Law
ISBN : 9781442665606

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Arming and Disarming by R. Blake Brown Pdf

From the École Polytechnique shootings of 1989 to the political controversy surrounding the elimination of the federal long-gun registry, the issue of gun control has been a subject of fierce debate in Canada. But in fact, firearm regulation has been a sharply contested issue in the country since Confederation. Arming and Disarming offers the first comprehensive history of gun control in Canada from the colonial period to the present. In this sweeping, immersive book, R. Blake Brown outlines efforts to regulate the use of guns by young people, punish the misuse of arms, impose licensing regimes, and create firearm registries. Brown also challenges many popular assumptions about Canadian history, suggesting that gun ownership was far from universal during much of the colonial period, and that many nineteenth century lawyers – including John A. Macdonald – believed in a limited right to bear arms. Arming and Disarming provides a careful exploration of how social, economic, cultural, legal, and constitutional concerns shaped gun legislation and its implementation, as well as how these factors defined Canada’s historical and contemporary ‘gun culture.’

Inside the Law

Author : Carol Wilton
Publisher : University of Toronto Press
Page : 651 pages
File Size : 49,7 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.

“Race,” Rights and the Law in the Supreme Court of Canada

Author : James W. St. G. Walker,Osgoode Society for Canadian Legal History
Publisher : Wilfrid Laurier Univ. Press
Page : 474 pages
File Size : 49,6 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

White Man's Law

Author : Sidney L. Harring
Publisher : University of Toronto Press
Page : 482 pages
File Size : 51,8 Mb
Release : 1998-01-01
Category : Law
ISBN : 0802005039

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White Man's Law by Sidney L. Harring Pdf

In this sweeping re-investigation of Canadian legal history, Harring shows that Canada has historically dispossessed Aboriginal peoples of even the most basic civil rights.

The Federal Court of Appeal and the Federal Court

Author : Martine Valois,Ian Greene,Craig Forcese,Peter McCormick
Publisher : Irwin Law
Page : 128 pages
File Size : 40,7 Mb
Release : 2021-10
Category : Electronic
ISBN : 1552215474

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The Federal Court of Appeal and the Federal Court by Martine Valois,Ian Greene,Craig Forcese,Peter McCormick Pdf

The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.

Petticoats and Prejudice - Women's Press Classics

Author : Constance Backhouse
Publisher : Canadian Scholars’ Press
Page : 498 pages
File Size : 53,6 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.

Death Penalty and Sex Murder in Canadian History

Author : Carolyn Strange
Publisher : University of Toronto Press
Page : 382 pages
File Size : 50,8 Mb
Release : 2020
Category : History
ISBN : 9781487508371

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Death Penalty and Sex Murder in Canadian History by Carolyn Strange Pdf

This is the first historical study to examine changing perceptions of sexual murder and the treatment of sex killers while the death penalty was in effect in Canada.

The Laws and the Land

Author : Daniel Rück
Publisher : UBC Press
Page : 336 pages
File Size : 43,5 Mb
Release : 2021-09-15
Category : Law
ISBN : 9780774867467

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The Laws and the Land by Daniel Rück Pdf

As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.