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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.
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.
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.
These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.
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.
An account of the development of Canadian industry. Myers lays bare the corruption, swindling, land deals, bribery that are the basis of Canadian history. The heros of other history books come out looking quite different. The Canadian Pacific Railway, Hudson's Bay Company, Lord Selkirk, John A MacDonald, Laurier - all fall under Myers's scrutiny, and the facts he records about them are startling. Contents include: The Quest of Trade and New Sources of Wealth; The Ecclesiastical and Feudal Lords; The Hudson's Bay Company; Wars of the Fur Traders and Companies; The Landed and Mercantile Oligarchy; The Landed Proprietors; Revolt against Feudalism; Sovereignty of the Hudson's Bay Company; Passing of the Hudson's Bay Company's Sovereignty; Inception of the Railroad Power; First Period of Railway Promoters; Contest for the Pacific Railway; Era of Railway Magnates; Progress of the Railway Lords; Extension of Railway Possessions; Appropriation of Coal, Timber and Other Lands; and Distribution of Railway Subsidies. Gustavus Myers (1872-1942) was an American historian who worked on a number of newspapers and magazines in New York City, joined the Populist party and the Social Reform Club, and was a member (1907-12) of the Socialist party. Such books as The History of Tammany Hall (1901), History of the Great American Fortunes (1910), and History of the Supreme Court of the United States (1912) were detailed, realistic exposes through which Myers made his reputation in the muckraking era of American literature.
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
In the history of twentieth-century Canadian law, Bora Laskin (1912-1984) is by all accounts one of its most important figures. Born in northern Ontario to Russian-Jewish immigrant parents, Laskin became a prominent human rights activist, university professor, and labour arbitrator before embarking on his 'accidental career' as a judge on the Ontario Court of Appeal, a member of the Supreme Court of Canada, and Chief Justice of Canada. Throughout his entire professional life, he used the law to make Canada a better place for workers, racial and ethnic minorities, and the disadvantaged. As a judge, he sought to make the judiciary more responsive to changing expectations in regard to justice and fundamental rights. In this biography, Philip Girard chronicles the life of a man who fought corporate capital, university boards, the Law Society of Upper Canada, and his own judicial colleagues in an effort to modernize institutions and reshape Canadian law. Girard draws on a wealth of previously untapped archival sources to provide, in vivid detail, a critical assessment of the contributions of a dynamic man on an important mission.
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.
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.