Download or read book Bora Laskin written by Philip Girard and published by University of Toronto Press. This book was released on 2005-01-01 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the history of twentieth-century Canadian law, Bora Laskin (1912-1984) is by all accounts one of its most important figures. 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, a member of the Supreme Court of Canada, and Chief Justice of Canada. Throughout his entire professional life, 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 changing expectations in regard to justice and fundamental rights. In this biography, Philip Girard chronicles the life of a man who fought corporate capital, university boards, the Law Society of Upper Canada, and his own judicial colleagues in an effort to modernize institutions and reshape Canadian law. Girard draws on a wealth of previously untapped archival sources to provide, in vivid detail, a critical assessment of the contributions of a dynamic man on an important mission.
Download or read book Laskin s Canadian Constitutional Law written by Bora Laskin and published by . This book was released on 1986 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The British Tradition in Canadian Law written by Bora Laskin and published by London : Published under the auspices of the Hamlyn Trust [by] Stevens. This book was released on 1969 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of Canadian Legal Thought written by R. C. B. Risk and published by University of Toronto Press. This book was released on 2006-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the Osgoode Society's distinguished series on the history of Canadian law is a collection of the principal essays of Professor Emeritus R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority on the history of Canadian legal thought. Frank Scott, Bora Laskin, W.P.M. Kennedy, John Willis and Edward Blake are among the better known figures whose thinking and writing about law are featured in this collection. But this compilation of the most important essays by a pioneer in Canadian legal history brings to light many other lesser known figures as well, whose writings covered a wide range of topics, from estoppel to the British North America Act to the purpose of legal education. Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate.
Download or read book Laskin s Canadian constitutional law written by Bora Laskin and published by . This book was released on 1501 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dominion Law Reports written by and published by . This book was released on 2005 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Seven Absolute Rights written by Ryan Alford and published by McGill-Queen's Press - MQUP. This book was released on 2020-05-21 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: For 150 years, Canada's constitutional order has been both flexible and durable, ensuring peace, order, and good government while protecting the absolute rights at the core of the rule of law. In this era of transnational terrorism and proliferating emergency powers, it is essential to revisit how and why our constitutional order developed particular limits on the government's powers, which remain in force despite war, rebellion, and insurrection. Seven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution. Ryan Alford provides a gripping narrative of constitutional history, beginning with the medieval and early modern context of Magna Carta, the Petition of Right, and the constitutional settlement of the Glorious Revolution. His reconstruction ends with a detailed examination of two pre-Confederation crises: the rebellions of 1837–38 and the riots of 1849, which, as he demonstrates, provide the missing constitutionalist context to the framing of the British North America Act. Through this accessible exploration of key events and legal precedents, Alford offers a distinct perspective on the substantive principles of the rule of law embedded in Canada's Constitution. In bringing constitutional history to life, Seven Absolute Rights reveals the history and meaning of these long-forgotten protections and shows why they remain fundamental to our freedom in the twenty-first century.
Download or read book The Canadian Bill of Rights written by Walter Surma Tarnopolsky and published by McGill-Queen's Press - MQUP. This book was released on 1975-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Remedies in Canada written by Kent Roach and published by Canada Law Book. This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Laskin Legacy written by Constance Backhouse and published by . This book was released on 2007 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of scholarly articles and personal reminiscences which examine the life and career of the late Bora Laskin, Former Chief Justice of the Supreme Court of Canada. It examines Laskin's contribution to legal education and scholarship; to jurisprudence in constitutional, administrative, labour, and private law; and to the Court itself.
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Download or read book Bora Laskin written by Philip Girard and published by University of Toronto Press. This book was released on 2015-01-15 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Judicial Committee and the British North America Act written by G.P. Browne and published by University of Toronto Press. This book was released on 1967-12-15 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive study is concerned primarily with the fundamental problem of the role of the judiciary in the federal system of Canadian government. The author criticizes previous accounts of the Judicial Committee’s interpretative scheme for the British North American Act because of their neglect of underlying jurisprudential assumptions and their readiness to accept the textual criticisms levelled in the O’Connor Report of 1939; they fail to note the relationship between the jurisprudential and the textual aspects. Professor Browne is convinced that O’Connor’s criticism is as ill founded as the alternative interpretive scheme he proposed, and that the “three-compartment” view represents the most convincing construction of sections 91 and 92 of the Act. He considers debatable the “organic statute” argument widely accepted in the United States and becoming more and more popular in Canada; and supports the premium which English courts have traditionally placed on certainty and stability in the law. Professor Browne concludes that the almost universal criticism in Canada of the Judicial Committee’s construction of the BNA Act is basically misconceived: Canadian jurists should think carefully before following trends set by American courts, for American purposes, in the context of American law, particularly when the repercussions of those trends are not as yet fully appreciated. This discussion will be of special interest for legal, political, and historical studies in this country, the United States, and other Commonwealth countries, especially those which have federal systems and consequently share the same basic problems of the judiciary in such a system.
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
Download or read book Colour Coded written by Constance Backhouse and published by University of Toronto Press. This book was released on 1999-11-20 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society
Download or read book The Battle of London written by Frédéric Bastien and published by Dundurn. This book was released on 2014-10-01 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bestseller in Quebec that describes the horse-trading, intrigue and unrest behind Trudeau’s quest to repatriate the Constitution. After the referendum in 1980, Pierre Elliott Trudeau turned his sights on repatriating the Constitution in an effort to make Canada fully independent from Britain. What should have been a simple process snowballed into a complicated intrigue. Quebec, which thought its prerogatives would be threatened if the Constitution were repatriated, mounted a charm offensive, replete with fine dining and expensive wines in order to influence key British MPs. Not to be outdone, Canada’s native leaders, who felt betrayed by the British Crown, decided to enter the fray, determined to ensure that their cause would triumph. The English Labour Party had a view on the matter as well, which chiefly involved embarrassing Prime Minister Thatcher as thoroughly as possible. Historian Frédéric Bastien describes with great flair how the maverick Trudeau and the uncompromising Thatcher entered into one of history’s most unlikely marriages of convenience in order to repatriate the Canadian Constitution.
Download or read book The Persons Case written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2008-04-12 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.
