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Truth and Privilege
A fascinating comparative history of the legal arguments and strategies used to regulate expression in Massachusetts and Nova Scotia.
Essays in the History of Canadian Law
The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women's studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
The Gorilla Man Strangler Case
The hitchhiker seemed harmless. He was dressed in a blue suit and a colorful sweater, accessorized with a grey cap and tan shoes. He carried nothing. It was the morning of June 8, 1927, when the Chandler family picked up the well-dressed man in Minnesota and dropped him at the Canadian border. They had unwittingly transported notorious serial killer, “The Gorilla Man,” who had strangled more than twenty women from one end of the United States to the other. He would later murder Emily Patterson and 14-year-old Lola Cowan in Winnipeg. His identity was unknown. Written by Alvin A. J. Esau, The Gorilla Man Strangler Case: Serial Killer Earle Nelson is a detailed historical account of the Can...
Lawyers and Legal Culture in British North America
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.
Canadian State Trials, Volume IV
And incompetent justice : Legal repsonses 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.
The Strategic Constitution
Historically, Canada's Constitution has been principally viewed as a federal framework or a rights bulwark. This book offers a new interpretation. The "Strategic Constitution," as proposed by Irvin Studin, is a framework for understanding the capacity of Canada to project strategic power in the world. First, Studin provides a wide-ranging audit of the Constitution in terms of its treatment of factors of strategic power. He then applies the Strategic Constitution framework to four policy case studies. Provocative and well-argued, this book makes the case for the Constitution being a flexible national framework that quietly harbours seeds of national strategic potency.
Essays in the History of Canadian Law
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.
Law of the Land
How was it that the Torrens system, a mid-nineteenth-century reform of land titles registration from distant South Australia, gradually replaced the inherited Anglo-Canadian common law system of land registration? In The Law of the Land, Greg Taylor traces the spread of the Torrens system, from its arrival in the far-flung outpost of 1860s Victoria, British Columbia, right up to twenty-first century Ontario. Examining the peculiarity of how this system of land reform swept through some provinces like wildfire, and yet still remains completely unknown in three provinces, Taylor shows how the different histories of various regions in Canada continue to shape the law in the present day. Presenting a concise and illuminating history of land reform, he also demonstrates the power of lobbying, by examining the influence of both moneylenders and lawyers who were the first to introduce the Torrens system to Canada east of the Rockies. An exact and fluent legal history of regional law reforms, The Law of the Land is a fascinating examination of commonwealth influence, and ongoing regional differences in Canada.
When the State Trembled
The Winnipeg General Strike of 1919, which involved approximately 30,000 workers, is Canada's best-known strike. When the State Trembled recovers the hitherto untold story of the Citizens' Committee of 1000, formed by Winnipeg's business elite in order to crush the revolt and sustain the status quo. This account, by the authors of the award-winning Walk Towards the Gallows, reveals that the Citizens drew upon and extended a wide repertoire of anti-labour tactics to undermine working-class unity, battle for the hearts and minds of the middle class, and stigmatize the general strike as a criminal action. Newly discovered correspondence between leading Citizen lawyer A.J. Andrews and Acting Minister of Justice Arthur Meighen illuminates the strategizing and cooperation that took place between the state and the Citizens. While the strike's break was a crushing defeat for the labour movement, the later prosecution of its leaders on charges of sedition reveals abiding fears of radicalism and continuing struggles between capital and labour on the terrain of politics and law.
A History of Law in Canada, Volume Two
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.
