The Supreme Court of Nova Scotia, 1754-2004 PDF Download

Author: Osgoode Society for Canadian Legal History
Publisher: University of Toronto Press
ISBN: 9780802080219
Category : History
Languages : en
Pages : 576

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Book Description
Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history.

Author: Barry Wright
Publisher: University of Toronto Press
ISBN: 1442625988
Category : History
Languages : en
Pages : 540

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Book Description
The fourth volume in the Canadian State Trials series examines the legal issues surrounding perceived security threats and the repression of dissent from the outset of World War One through the Great Depression. War prompted the development of new government powers and raised questions about citizenship and Canadian identity, while the ensuing interwar years brought serious economic challenges and unprecedented tensions between labour and capital. The chapters in this edited collection, written by leading scholars in numerous fields, examine the treatment of enemy aliens, conscription and courts martial, sedition prosecutions during the war and after the Winnipeg General Strike, and the application of Criminal Code and Immigration Act laws to Communist Party leaders, On to Ottawa Trekkers, and minority groups. These historical events shed light on contemporary dilemmas: What are the limits of dissent in war, emergencies, and economic crisis? What limits should be placed on government responses to real and perceived challenges to its authority?

Author: David H. Flaherty
Publisher: University of Toronto Press
ISBN: 0802099114
Category : Law
Languages : en
Pages : 484

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Book Description
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.

Author: Philip Girard
Publisher: University of Toronto Press
ISBN: 1442644109
Category : Law
Languages : en
Pages : 297

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Book Description
From award-winning biographer Philip Girard, Lawyers and Legal Culture in British North America is the first history of the legal profession in Canada to emphasize its cross-provincial similarities and its deep roots in the colonial period. Girard details how nineteenth-century British North American lawyers created a distinctive Canadian template for the profession by combining the strong collective governance of the English tradition with the high degree of creativity and client responsiveness characteristic of U.S. lawyers — a mix that forms the basis of the legal profession in Canada today. Girard provides a unique window on the interconnections between lawyers' roles as community leaders and as legal professionals. Centred on one pre-Confederation lawyer whose career epitomizes the trends of his day, Beamish Murdoch (1800-1876), Lawyers and Legal Culture in British North America makes an important and compelling contribution to Canadian legal history.

Author: Constance Backhouse
Publisher: UBC Press
ISBN: 0774868295
Category : Law
Languages : en
Pages : 300

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Book Description
In 1997, complacency about the racial neutrality of a predominantly white judiciary was shattered as the Supreme Court of Canada considered a complaint of judicial racial bias for the first time. The judge in question was Corrine Sparks, the country’s first Black female judge. Reckoning with Racism considers the RDS case. A white Halifax police officer had arrested a Black teenager, placed him in a choke hold, and charged him with assaulting an officer and obstructing arrest. In acquitting the teen, Judge Sparks remarked that police sometimes overreacted when dealing with non-white youth. The acquittal held, but most of the white appeal judges critiqued her comments, based on the tradition that the legal system was non-racist unless proven otherwise. That became a matter of wide debate. This book assesses the case of alleged anti-white judicial bias, the surrounding excitement, the dramatic effects on those involved, and the significance for the Canadian legal system.

Author: Elaine Craig
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773553002
Category : Law
Languages : en
Pages : 217

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Book Description
Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.

Author: Susan Bartie
Publisher: NYU Press
ISBN: 1479803642
Category : Law
Languages : en
Pages : 421

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Book Description
A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.

Author: Lyndsay Campbell
Publisher: Cambridge University Press
ISBN: 1009037811
Category : History
Languages : en
Pages : 491

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Book Description
This fascinating study analyzes the evolution of libel law in Nova Scotia and Massachusetts, in the crucible of conflicts over democratic institution-building, gender roles, slavery and other religious and social reform movements. It demonstrates how individuals shaped the law, as they navigated societal change and fought with their neighbors.

Author: Pauline Greenhill
Publisher: University of Toronto Press
ISBN: 1442660147
Category : History
Languages : en
Pages : 257

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Book Description
The charivari is a loud, late-night surprise house-visiting custom from members of a community, usually to a newlywed couple, accompanied by a quête (a request for a treat or money in exchange for the noisy performance) and/or pranks. Up to the first decades of the twentieth century, charivaris were for the most part enacted to express disapproval of the relationship that was their focus, such as those between individuals of different ages, races, or religions. While later charivaris maintained the same rituals, their meaning changed to a welcoming of the marriage. Make the Night Hideous explores this mysterious transformation using four detailed case studies from different time periods and locations across English Canada, as well as first-person accounts of more recent charivari participants. Pauline Greenhill's unique and fascinating work explores the malleability of a tradition, its continuing value, and its contestation in a variety of discourses.

Author: Philip Girard
Publisher: University of Toronto Press
ISBN: 1442616881
Category : Law
Languages : en
Pages : 673

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Book Description
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.