Download or read book A History of Law in Canada Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to 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.

Download or read book Animals as Legal Beings written by Maneesha Deckha and published by University of Toronto Press. This book was released on 2020-12-16 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.

Download or read book Claire L Heureux Dub written by Constance Backhouse and published by UBC Press. This book was released on 2017-11-06 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court. The second woman appointed to the Supreme Court of Canada, and the first from Quebec, she was known as “the great dissenter” on the bench, making judgments that were applauded and criticized in turn. L’Heureux-Dubé’s innovative legal approach was anchored in the social, economic, and political context of her cases. Constance Backhouse employs a similar tactic. Rather than focusing exclusively on her high-profile cases and jurisprudential legacy, sheexplores the socio-political and cultural setting in which L’Heureux-Dubé’s career unfolded, while also considering her personal life. This compelling biography covers aspects of legal history that have never been so fully investigated, enhancing our understanding of the judiciary, the creation of law, the distinctive socio-legal environment of Quebec, the experiences of women in the legal profession, and the inner workings of the top court.

Download or read book Canadian Justice Indigenous Injustice written by Kent Roach and published by McGill-Queen's Press - MQUP. This book was released on 2019-01-21 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Download or read book Putting Trials on Trial written by Elaine Craig and published by McGill-Queen's Press - MQUP. This book was released on 2018-02-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Canadian Journal of Law and Society written by and published by . This book was released on 2004 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contemporary French Administrative Law written by John Bell and published by Cambridge University Press. This book was released on 2022-03-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces the key features of French administrative law and institutions to English-speaking readers.

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 Canadian Public Administration written by J. E. Hodgetts and published by . This book was released on 1960 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Carnal Crimes written by Constance Backhouse and published by . This book was released on 2009-07 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful book by one of Canada's leading legal historians on sexual assault.

Download or read book Arming and Disarming written by R. Blake Brown and published by University of Toronto Press. This book was released on 2012-10-23 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the École Polytechnique shootings of 1989 to the political controversy surrounding the elimination of the federal long-gun registry, the issue of gun control has been a subject of fierce debate in Canada. But in fact, firearm regulation has been a sharply contested issue in the country since Confederation. Arming and Disarming offers the first comprehensive history of gun control in Canada from the colonial period to the present. In this sweeping, immersive book, R. Blake Brown outlines efforts to regulate the use of guns by young people, punish the misuse of arms, impose licensing regimes, and create firearm registries. Brown also challenges many popular assumptions about Canadian history, suggesting that gun ownership was far from universal during much of the colonial period, and that many nineteenth century lawyers – including John A. Macdonald – believed in a limited right to bear arms. Arming and Disarming provides a careful exploration of how social, economic, cultural, legal, and constitutional concerns shaped gun legislation and its implementation, as well as how these factors defined Canada’s historical and contemporary ‘gun culture.’

Download or read book Property on Trial written by Eric Tucker and published by Irwin Law. This book was released on 2012 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-Published with the Osgoode Society for Canadian Legal History Property on Trial is a collection of 14 studies of Canadian property law disputes -- some well-known, some more obscure -- that have helped to shape the contours of the principles and rules of property law over 150 years. These studies, written by some of Canada's leading legal historians, range in time from a discussion of a nineteenth-century dispute over the ownership of seal pelts in Newfoundland to modern questions of what constitutes private property in a digital age. They investigate the relationship between private and public interests in property; the limits of private property owners' rights in relation to others, particularly neighbours and family; and the intersection of property law principles with other branches of the law, including criminal law, family law, and human rights. The authors describe, in rich detail, the social, cultural, and political contexts in which the events unfolded, the backgrounds and personalities of the litigants, the skills of the lawyers, and the judicial attitudes of the day. On the one hand, Property on Trial is a collection of thoughtful and compelling stories about conflict in a wide variety of contexts, each with its own heroines and heroes, villains and ne'er-do-wells, winners and losers. On the other, it is an insightful look at the history of property law doctrine in Canada.

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.

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 Socio legal Studies written by Philip Aneurin Thomas and published by Dartmouth Publishing Company. This book was released on 1997 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text on socio-legal studies is derived from the Socio-Legal Studies Association 1995 annual conference at Leeds University. It examines the definition of the term socio-legal and the boundaries in which the lawyers of this subject fit.

Download or read book The Manitoba Law Journal written by and published by . This book was released on 1885 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Canadian Communication Policy and Law written by Sara Bannerman and published by Canadian Scholars. This book was released on 2020-05-20 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadian Communication Policy and Law provides a uniquely Canadian focus and perspective on telecommunications policy, broadcasting policy, internet regulation, freedom of expression, censorship, defamation, privacy, government surveillance, intellectual property, and more. Taking a critical stance, Sara Bannerman draws attention to unequal power structures by asking the question, whom does Canadian communication policy and law serve? Key theories for analysis of law and policy issues—such as pluralist, libertarian, critical political economy, Marxist, feminist, queer, critical race, critical disability, postcolonial, and intersectional theories—are discussed in detail in this accessibly written text. From critical and theoretical analysis to legal research and citation skills, Canadian Communication Policy and Law encourages deep analytic engagement. Serving as a valuable resource for students who are undertaking research and writing on legal topics for the first time, this comprehensive text is well suited for undergraduate communication and media studies programs.