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This is the second of three volumes in an important collection that recounts the sweeping history of law in Canada. The period covered in this volume witnessed both continuity and change in the relationships among law, society, Indigenous peoples, and white settlers. The authors explore how law was as important to the building of a new urban industrial nation as it had been to the establishment of colonies of agricultural settlement and resource exploitation. The book addresses the most important developments in the seventeenth, eighteenth, and nineteenth centuries, including legal pluralism and the co-existence of European and Indigenous law. It pays particular attention to the Métis and the Red River Resistance, the Indian Act, and the origins and expansion of residential schools in Canada. The book is divided into four parts: the law and legal institutions; Indigenous peoples and Dominion law; capital, labour, and criminal justice; and those less favoured by the law. A History of Law in Canada examines law as a dynamic process, shaped by and affecting other histories over the long term.
The British North America Act of 1867 fashioned a Canadian federation which was intended to be a highly centralized union led by a powerful national government. Soon after Confederation, however, the government of Ontario took the lead in demanding a greater share of the power for the provinces, and it has continued to press this case. Professor Armstrong analyses the forces which promoted decentralization and the responses which these elicited from the federal government. He explains Ontario's reasons for pursuing this particular policy from 1867 to the Second World War. The author's sources are the private papers of federal and provincial premiers and other contemporary political figures, government publications, parliamentary debates, and newspapers. He has identified and developed three separate but related themes: the dynamic role played by private business interests in generating intergovernmental conflicts; Ontario's policy of promoting its economic growth by encouraging the processing of its resources at home; and the tremendous influence exerted by increasing urbanization and industrialization on the growth of the responsibilities of the provinces. During the 1930s, efforts to restructure the federal system were rejected by Ontario because it preferred to maintain the status quo,and was unsympathetic to greater equalization between the regions. Consequently, Ontario took a leading part in opposing the redivision of powers recommended by the Royal Commission on Dominion-Provincial Relations in 1940. This book provides part of the historical context into which current debates on the question of federalism may be fitted. It thus will be of importance and interest to historians, students of Canadian history, and the general reader alike. (Ontario Historical Studies Series: Themes)
Between the mid-nineteenth and mid-twentieth centuries white British Columbians directed recurring outbursts of prejudice by against the Chinese, Japanese, and East Indians who lived among them. In White Canada Forever Peter Ward reveals the full extent and periodic virulence of west coast racism.Ward draws upon a rich record of events and opinion in the provincial press, manuscript collections, and successive federal enquiries and royal commissions on Asian immigration. He locates the origins of west coast racism in the frustrated vision of a white British Columbia and an unshakeable belief in the unassimilability of the Asian immigrant. Canadian attitudes were dominated by a series of interlocking, hostile stereotypes derived from western perceptions of Asia and modified by the encounter between whites and Asians on the north Pacific coast. Public pressure on local, provincial, and federal governments led to discriminatory policies in the field of immigration and employment, and culminated in the forced relocation of west coast Japanese residents during World War II.