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The federal Department of Justice was established by John A. Macdonald as part of the Conservative party's program for reform of the parliamentary system following Confederation. Among other things, it was charged with establishing national institutions such as the Supreme Court and the North West Mounted Police and with centralizing the penitentiary system. In the process, the department took on a position of primary importance in post-Confederation politics. This was particularly so up to 1878, when Confederation was "completed." Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867. Drawing on legal records and other archival documents, he details the complex interactions between law and politics, exploring how expectations both inside and outside the legal system created an environment in which the department acted as an advisor to the government. He concludes by considering the post-1878 legacy of the department's approach to governance, wherein any problem, legal or otherwise, was made amenable to politicized solutions. Unfortunately for the department and the federal government, this left them ill-prepared for the constitutional battles to come. One crucial task was to establish responsibilities within the federal government, rather than just duplicate offices which had existed prior to union. Others were the establishment of national or quasi- national institutions such as the Supreme Court (1875) and the North-West Mounted Police (1873), the redrafting of the Governor-General's instructions (which was done between 1875 and 1877), and centralization of the penitentiary system (completed by 1875). The Department benefited from a deeply rooted expectation that law was both apolitical and necessary. This ideology functioned in a variety of ways: it gave the Department considerable latitude for setting policy and solving problems, but rationalized the appearance of politicized legal decisions. It also legitimized Department officials' claim that it was especially suited to review all legislation, advise on the royal prerogative of mercy, administer national penitentiaries, and appoint judges to the bench. Ultimately, the fictional notion of law as apolitical and necessary placed the Department of Justice squarely in the midst of the completion of Confederation. The Canadian Department of Justice and the Completion of Confederation will be of particular interest to students and scholars of Canadian legal and political history.
These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.
This volume is the second in the Essays in the History of Canadian Law series, designed to illustrate the wide possibilities for research and writing in Canadian legal history. In combination, these volumes reflect the wide-ranging scope of legal history as an intellectual discipline andencourage others to pursue important avenues of inquiry on all aspects of our legal past. Topics include the role of civil courts in Upper Canada; legal education; political corruption;nineteenth-century Canadian rape law; the Toronto Police Court; the Kamloops outlaws and commissions of assize in nineteenth-century British Columbia; private rights and public purposes in Ontario waterways; the origins of workers' compensation in Ontario; and the evolution of the Ontario courts. Contributors include Brendan O'Brien, Peter N. Oliver, William N.T. Wylie, G. Blaine Baker, Paul Romney, Constance B. Backhouse, Paul Craven, Hamar Foster, Jamie Bendickson, R.C.B. Risk, and Margaret A. Banks.
How is modern-day thinking about crime different from that of previous centuries? What are the similarities and differences in attitudes and systems between the civil and common law societies of Europe and North America? These and other questions were addressed at an international conference on crime and criminal justice at The University of Calgary attended by historians, professors of law, judges, and criminologists. The essays in Part I consider the evolution of criminal law doctrine, and those in Part II analyse the theory and measurement of crime in the past and at present. Parts III and IV examine the courts and prosecution, and Part V assesses the historical roots of the insanity defence and the theory and practice of punishment. The volume will be of interest, across national boundaries, to historians, sociologists, social workers, lawyers, and persons involved in the administration of justice as well as the general reader concerned about civil rights, social values, and justice. The eighteen contributors include F.H. Baker, J.M. Beattie, W.A. Calder, T.C. Curtis, D. Hay, H. Diederiks, A. Lachance, His Honour W.G. Morrow, A. Soman, and S. Verdun-Jones.
The fifth and final volume of the Canadian State Trials series examines political trials and national security measures during the period of 1939 to 1990. Essays by historians and legal scholars shed light on experiences during the Second World War and its immediate aftermath, including uses of the War Measures Act and the Official Secrets Act with the unfolding of the Cold War and legal responses to the FLQ (including the October Crisis), labour strikes, and Indigenous resistance and standoffs. The volume critically examines the historical and social context of the trials and measures resulting from these events, concluding the first comprehensive series on this important area of Canadian law and politics. The fifth volume’s exploration of state responses to real and perceived security threats is particularly timely as Canada faces new challenges to the established order ranging from Indigenous nations demanding a new constitutional framework to protestors challenging discriminatory policing and contesting public health measures. (Osgoode Society for Canadian Legal History)
The Canadian Civil Liberties Association celebrates its fiftieth anniversary with this overview of its activities--sometimes quiet and sometimes strident--as a watchdog and safeguard for Canadians and their rights as citizens. Through a series of discussions and interviews, a picture of Canada over the last half-century evolves.
Betrayal of Due Process is a landmark study of the criminal justice systems of two common-law nations, the United States and Canada. By focusing on plea bargaining, which is one of the most dominant practices in the criminal justice system of both countries, Nasheri makes a historical comparison of guilty plea practices and ideologies. She draws on historical, criminological, sociological, and political perspectives to construct her argument. Because plea bargaining is a crucial part of the criminal justice system yet has received little scholarly attention, this much-needed book fills a wide gap in legal scholarship.