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Osgoode Hall is a national monument and one of Canada's architectural treasures. Of the many public buildings erected in pre-Confederation Canada, it best encapsulates the diverse stylistic forces that shaped public buildings of its era. The gated lawns, the grandly Venetian rotunda, the ornate courtroom, the portrait-lined walls, and the stained-glass windows evoke a venerable dignity to which few Canadian institutions can aspire. It has been the seat of the Law Society of Upper Canada since 1832 and of several of the Superior Courts of the province for almost as long. It has become a symbol of the legal tradition, not only in Ontario, but throughout Canada and beyond.
Winner of the 2006 Fred Landon Award Osgoode Hall is a national monument and one of the architectural treasures of Canada. Of the many public buildings erected in pre-confederation Canada and British North America, it best encapsulates the diverse stylistic forces that shaped public buildings in the first half of the nineteenth century. The gated lawns, grandly Venetian rotunda, the noble dimensions of its library, handsome and ornate courtroom, portrait-lined walls and stained glass evoke a venerable dignity to which few Canadian institutions even aspire. It has been the seat of the Law Society of Upper Canada since 1832 and of several of the Superior Courts of the province for almost as long. Intended to be the focal point of the legal profession in Upper Canada it has become a symbol of the legal tradition not only in Ontario but throughout Canada and beyond.
A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.
From "the Kid" on the Varsity Blues football team to "the Chief" at Osgoode Hall, R. Roy McMurtry has had a remarkably varied and influential career. As reformist attorney general of Ontario, one of the architects of the agreement that brought about the patriation of the Canadian Constitution, high commissioner to the United Kingdom, and chief justice of Ontario, he made a large and enduring contribution to Canadian law, politics, and life. These memoirs cover all these facets of his remarkable career, as well as his law practice, his work on various commissions of inquiry, and his reflections on family, sport, and art. This volume is both an account of his life in public service and a portrait of a humane, humorous, still optimistic, and always decent man.
Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aborigin...
Using the judiciary of Manitoba as a model, Paths to the Bench examines the political nature of Canada's judicial appointment process and suggests that ability alone seldom determined who went to the bench. In fact, many of Manitoba's early judges spent little time actually practising law, since professional merit was not a criterion for judicial appointments. Rather, it was relationships with influential mentors and communities that ensured appointments and ultimately propelled careers. Brawn offers an in-depth analysis of how the paths to the bench of competent and connected and less competent and connected lawyers differed. This book is one of the few studies to examine why many of the best and brightest members of the bar either did not want to go to the bench, or if they did, why they did not get there.