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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.
Four cases in which the legal issue was “race” — that of a Chinese restaurant owner who was fined for employing a white woman; a black man who was refused service in a bar; a Jew who wanted to buy a cottage but was prevented by the property owners’ association; and a Trinidadian of East Indian descent who was acceptable to the Canadian army but was rejected for immigration on grounds of “race” — drawn from the period between 1914 and 1955, are intimately examined to explore the role of the Supreme Court of Canada and the law in the racialization of Canadian society. With painstaking research into contemporary attitudes and practices, Walker demonstrates that Supreme Court Justices were expressing the prevailing “common sense” about “race” in their legal decisions. He shows that injustice on the grounds of “race” has been chronic in Canadian history, and that the law itself was once instrumental in creating these circumstances. The book concludes with a controversial discussion of current directions in Canadian law and their potential impact on Canada’s future as a multicultural society.
Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.
INSTANT NATIONAL BESTSELLER *Indigo Top 10 of the Year* 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—for readers of Educated and Becoming. From a very early age, all I knew was that I wanted to do something that was not ordinary. Because, for a girl growing up in a remote prairie town in the 1940s, the ordinary was very ordinary indeed. Beverley McLachlin has led an extraordinary life. One of the few women studying law in the 1960s, she graduated at the top of her class and began her long career—first as a dedicated lawyer and professor, later as a judge serving on the highest court in the country, and finally as the first woman to be named Chief Justice of the Supreme Court of Canada. The journey wasn’t easy. The options for women growing up in rural Pincher Creek, Alberta, were limited. But McLachlin was willful and spirited, and she wanted an education. She also had an innate sense of justice, which was reinforced by the lessons her parents taught her about equality and the value of hard work. It was this faith in justice that pulled her through dark times, especially when faced with sexism and exclusion at work and personal tragedy at home. Over time, McLachlin became a champion for Canadians from all walks of life. As a judge on the Supreme Court, she presided over charged debates on topics such as same-sex marriage, euthanasia, and the Charter of Rights and Freedoms. With each judgment, she laid down a legal legacy proving that fairness and justice are not luxuries of the powerful but rather rights owed to each and every one of us. With warmth, honesty, and deep wisdom, McLachlin recounts her remarkable life on and off the bench. Truth Be Told is an inspiring reminder that integrity and the rule of law are our best hopes for a progressive and bright future.
In this startlingly original vision of Canada, renowned thinker John Ralston Saul argues that Canada is a Métis nation, heavily influenced and shaped by Aboriginal ideas: Egalitarianism, a proper balance between individual and group, and a penchant for negotiation over violence are all Aboriginal values that Canada absorbed. An obstacle to our progress, Saul argues, is that Canada has an increasingly ineffective elite, a colonial non-intellectual business elite that doesn't believe in Canada. It is critical that we recognize these aspects of the country in order to rethink its future.