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In any account of twentieth-century Canadian law, Bora Laskin (1912-1984) looms large. 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 (1965) and later Chief Justice of Canada (1973-1984). Throughout his professional career, 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 modern Canadian expectations of justice and fundamental rights. In Bora Laskin: Bringing Law to Life, Philip Girard chronicles the life of a man who, at all points of his life, was a fighter for a better Canada: he fought antisemitism, corporate capital, omnipotent university boards, the Law Society of Upper Canada, and his own judicial colleagues in an effort to modernize institutions and re-shape Canadian law. Girard exploits a wealth of previously untapped archival sources to provide, in vivid detail, a critical assessment of a restless man on an important mission.
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 Through a scrupulous survey of Wilson's judgements, memos, and academic writings (many as yet unpublished), Ellen Anderson shows how Wilson's life and the law were seamlessly integrated in her persistent commitment to a stance of principled contextuality.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.
It is often forgotten that Northrop Frye, a scholar known chiefly for his books and articles, was also a gifted speaker who was never reluctant to be interviewed. This collection of 111 interviews and discussions with the critic assembles all of those published or broadcast on radio or television. Also included among the interviews are a number of conversations not generally known, many of them transcribed from tapes gathered from personal collections. Interviews with Northrop Frye aims to provide another view of the famous literary critic, one that supplements that which is often obtained from reading his printed works. Ranging from the earliest interviews in 1948 to discussions that took place mere months before his death in 1991, this volume is a complete portrait of Frye the conversationalist, demonstrating that he was capable of expressing his thought just as lucidly in person as he could on paper. Among the topics included are Frye’s views on teaching, writing, and Canadian literature, his opinions on the state of criticism, and a fascinating exchange concerning contemporary religion. For anyone interested in the life and career of Northrop Frye, these interviews are an ideal way to gain greater insight into the man and his work.
The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This is a special issue on Chief Justice Samuel Freedman with contributing authors including: Darcy L. MacPherson, Bryan P. Schwartz, and Robert G. Clarke.
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
A commemoration of two significant dates, The Supreme Court of Canada and its Justices is also a colourful portrait and an indispensable reference book. A bilingual co-publication of Dundurn Press and the Supreme Court of Canada, the book contains biographies, with portraits or photographs, of every Justice appointed to the Court since its inception. The Supreme Court of Canada and its Justices also features a preface by Chief Justice Beverley McLachlin and a history of the Court by former Chief Justice Antonio Lamer. A succession list and a selected bibliography are included for researchers. A key section of the book deals with the Court’s distinguished building, which was designed by renowned architect Ernest Cormier. Written by Professor Isabelle Gournay of the University of Maryland and France Vanlaethem of the Universite du Quebec a Montreal, this section is illustrated with Cormier’s own watercolours and drawings, as well as current photographs. The Supreme Court of Canada and its Justices is a fitting commemoration of the Supreme Court’s 125 years and its fiftieth year as the court of last resort in Canada.
The Federal Court of Canada, which existed from 1875 to 1971 under the name Exchequer Court of Canada, occupies a special place in the court structure of Canada. It was founded principally to adjudicate legal disputes in which the Canadian government was involved; since its change of name in 1971 it has become primarily an administrative appeal court dealing with the review of decisions made by federal administrative tribunals in addition to its existing jurisdictions, admiralty, intellectual property, tax, and other areas. As a federal court within the nation, its very existence has provoked discussion and debate as the various provincial court systems claim a position of primacy within our society for the adjudication of legal disputes. Central to this history of the Court is an examination of the judges who have sat on its bench. Bushnell investigates who the judges have been and examines their work, with particular focus on the judges' views of the proper approach to decision-making. His study contains a wealth of information, much of which may not be widely known in the profession. As such, The Federal Court of Canada constitutes a rich source both for those with a legal background and for those with an interest in the working and history of legal institutions.
Canadian Criminal Law in Ten Cases explores the development of criminal justice in Canada through an in-depth examination of ten significant criminal cases. Martin L. Friedland draws on cases that went to the Supreme Court of Canada or the Privy Council, including well-known cases such as those of Louis Riel, Steven Truscott, Henry Morgentaler, and Jamie Gladue. The book addresses such issues as wrongful convictions, the enforcement of morality, Indigenous experiences with criminal law, bail and trial delay, and the impact of the 1982 Charter of Rights and Freedoms on the criminal justice system. Friedland describes in a masterful way the factual background of each case and the political, social, and economic conditions of the time. Each character – the accused, judges, and counsel – is described in detail, as are the relevant laws and procedures. Friedland includes recommendations on how the criminal justice system can be improved, such as by creating a new federal commission devoted solely to criminal justice and by the enactment by Parliament of enhanced codes of evidence and criminal law and procedure. Canadian Criminal Law in Ten Cases is an indispensable guide to understanding the criminal justice system for lawyers, students, and anyone interested in criminal law and the administration of criminal justice.
The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This issue has articles from a variety of contributing authors including: Alvin Esau, Arthur Braid, Bryan P. Schwartz, Cameron Harvey, Charles Huband, Dale Gibson, Darcy L. MacPherson, David Deutscher, Gerald Nemiroff, Jack R. London, Janet Baldwin, Jesse Epp-Fransen, Jessica Davenport, John Eaton, Jonathan L. Black-Branch, Justice Freda Steel, Lane Foster, Lee Stuesser, and Ryan Trainer.
After graduating from the University of Saskatchewan's College of Law, Jackett was chosen as a Rhodes Scholar. He returned to Canada from Oxford not long before the outbreak of World War II and joined the ten-man Department of Justice as a junior lawyer. Through extraordinary hard work, rigorous legal analysis, and a bent for organization, he eventually became Canada's eighth deputy minister of Justice. He left this position after three years to become general counsel for the Canadian Pacific Railway and was later appointed president of the Exchequer Court of Canada. He quickly revamped the level of service provided by the court to the legal profession and the public and was instrumental in both the creation of the Canadian Judicial Council and the design and creation of the new Federal Court of Canada. As the first chief justice of the Federal Court, he led the new court by example, moulding it into the most efficient and effective court in the country, despite opposition from provincial superior courts and the Supreme Court of Canada. After fifteen years on the Bench he retired in 1979 at the height of his judicial career, believing that this would help the Court develop. He continued to work in relative obscurity at what he loved best - solving legal problems - but never again appeared before the courts.