Author: Desmond Haldane BrownPublisher: Published for the Osgoode Society by University of Toronto Press
ISBN:
Category : Law
Languages : en
Pages : 280
Book Description
The Genesis of the Canadian Criminal Code of 1892
Author: Desmond Haldane BrownPublisher: Published for the Osgoode Society by University of Toronto Press
ISBN:
Category : Law
Languages : en
Pages : 280
Book Description
Essays in the History of Canadian Law
Author: J. PhillipsPublisher: University of Toronto Press
ISBN: 1442693207
Category : Law
Languages : en
Pages : 484
Book Description
Written to honour the life and work of the late Peter N. Oliver, the distinguished historian and editor-in-chief of the Osgoode Society for Canadian Legal History from 1979-2006, this collection assembles the finest legal scholars to reflect on the issues in and development of the field of legal history in Canada. Covering a broad range of topics, this volume examines developments over the last two hundred years in the legal profession and the judiciary, nineteenth-century prison history, as well as the impact of the 1815 Treaty of Paris. The introduction also provides insight into the history of the Osgoode Society and of Oliver's essential role in it, along with an illuminating analysis of the Society's publications program, which produced sixty-six books during his tenure. A fitting tribute to one of the foremost legal historians, this tenth volume of Essays in the History of Canadian Law is a significant contribution to the discipline to which Oliver devoted so much.
Essays in the History of Canadian Law
Author: Christopher EnglishPublisher: University of Toronto Press
ISBN: 1442658169
Category : Law
Languages : en
Pages : 399
Book Description
The study of Canadian legal history has seen a remarkable growth in the past decade, nowhere more so than in Atlantic Canada. Given its early settlement and some of the liberties taken with legal procedure there - as well as some creative interpretations of English law – the region is ripe for close study in the legal history field. This new collection examines that history on 'two islands:' Newfoundland and Prince Edward Island. The essays examine legal themes, developments, and disputes, and offer a framework for comparing ways of administering justice through the courts in the eighteenth and nineteenth centuries. The cases examined are particularly interesting for the light they throw on legal process and, especially, on the motives of the parties. Unlike in contemporary England and Upper Canada, the English precedents gave way to local needs as equitable regimes emerged that put family and community interests first, and treated all members of the family in ways tailored to their personal needs and circumstances. This volume, which includes a number of essays examining women's legal status and access to the courts, is a comprehensive and fascinating examination of legal history in two Canadian provinces.
Essays in the History of Canadian Law
Author: Hamar FosterPublisher: University of Toronto Press
ISBN: 1442655437
Category : Law
Languages : en
Pages : 610
Book Description
This sixth volume in the Osgoode Society's distinguished series on the history of Canadian law turns to the a central theme in the history of British Columbia and the Yukon - law and order. In the early days of British sovereignty, the frenzied activity of the fur trade and the gold rush, along with clashes between settlers and Natives, made law enforcement a difficult business. Later, although law and order were more firmly established, tensions continued between the dominant populations committed to the practice and rhetoric of British justice and those groups owing allegiance to other value systems (such as Native peoples, Asian immigrants, and Doukhobors) or those resisting authority (criminals and the criminally insane). These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system. The essays cover a wide range of topics, and explore the human as well as the legal dimensions of their subjects, relating specific cases to broader theory. They demonstrate that English law has been flexible enough to accommodate diversity and is, therefore, pragmatic. The volume also proves that there is no single Canadian legal culture: geography, demography, politics, economics, and military considerations have had an impact on the shape of our legal culture. The introduction by John McLaren and Hamar Foster pulls together the many regional themes to provide a clear overview of the legal complexities of the period.
Essays in the History of Canadian Law
Author: Susan LewthwaitePublisher: University of Toronto Press
ISBN: 1442659084
Category : Law
Languages : en
Pages : 811
Book Description
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.
Forging Alberta's Constitutional Framework
Author: Richard ConnorsPublisher: University of Alberta
ISBN: 0888644574
Category : History
Languages : en
Pages : 575
Book Description
Forging Alberta’s Constitutional Framework analyzes the principal events and processes that precipitated the emergence and formation of the law and legal culture of Alberta from the foundation of the Hudson’s Bay in 1670 until the eve of the centenary of the Province in 2005. The formation of Alberta’s constitution and legal institutions was by no means a simple process by which English and Canadian law was imposed upon a receptive and passive population. Challenges to authority, latent lawlessness, interaction between indigenous and settler societies, periods (pre- and post-1905) of jurisdictional confusion, and demands for individual, group, and provincial rights and recognitions are as much part of Alberta’s legal history as the heroic and mythic images of an emergent and orderly Canadian west patrolled from the outset by red coated mounted police and peopled by peaceful and law-abiding subjects of the Crown. Papers focus on the development of criminal law in the Canadian west in the nineteenth century; the Natural Resources Transfer Agreement of 1930; the National Energy Program of the 1980s; Federal-Provincial relations; and the role and responsibilities of the offices of Justices of the Peace and of the Lieutenant-Governor; and the legacies of the Lougheed and Klein governments.
The Rights Revolution
Author: Charles R. EppPublisher: University of Chicago Press
ISBN: 022677242X
Category : Law
Languages : en
Pages : 343
Book Description
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
An Exceptional Law
Author: Dennis G. MolinaroPublisher: University of Toronto Press
ISBN: 1442629606
Category : History
Languages : en
Pages : 348
Book Description
During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted. An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.
Labour Before the Law
Author: Judy FudgePublisher: University of Toronto Press
ISBN: 9780802037930
Category : History
Languages : en
Pages : 422
Book Description
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners of capital, while the state struggled to define a labour regime that contained industrial conflict. The authors then trace the conflicts that eventually produced the industrial pluralism that Canadians have known in more recent years. By 1948 a detailed set of legal rules and procedures had evolved and achieved a hegemonic status that no prior legal regime had even approached. This regime has become so central to our everyday thinking about labour relations that one might be forgiven for thinking that everything that came earlier was, truly, before the law. But, as Labour Before the Law demonstrates, workers who acted collectively prior to 1948 often found themselves before the law, whether appearing before a magistrate charged with causing a disturbance, facing a superior court judge to oppose an injunction, or in front of a board appointed pursuant to a statutory scheme that was investigating a labour dispute and making recommendations for its resolution. The book is simultaneously a history of law, aspects of the state, trade unions and labouring people, and their interaction within the broad and shifting terrain of political economy. The authors are attentive to regional differences and sectoral divergences, and they attempt to address the fragmentation of class experience.
Canadian State Trials: Rebellion and invasion in the Canadas, 1837-1839
Author: Osgoode Society for Canadian Legal HistoryPublisher: University of Toronto Press
ISBN: 9780802037480
Category : History
Languages : en
Pages : 540
Book Description
And incompetent justice : Legal responses to the 1885 Crisis [North-West Rebellions] / Bob Beal and B. Wright -- Another look at the Riel Trial for Treason [Louis Riel] / J.M. Bumstead -- The White Man governs. : The 1885 Indian trials [Indians, First Nation, Aboriginal or Native peoples] / Bill Waiser -- [Securing the dominion] -- High-handed, impolite, and empire-breaking actions : radicalism, anti-imperialism and political policing in Canada, 1860-1914 / Andrew Parnaby, Gregory S. Kealey with Kirk Niergarth -- Codification, public order and the security provisions of the Canadian Criminal Code, 1892 / Desmond H. Brown, B. Wright -- Appendices : Sir John A. Macdonald Fonds ; Archival Sources in Canada for Riel's Rebellion.