Osgoode Society's Books

Borderline Crime

Fugitive Criminals and the Challenge of the Border, 1819-1914

By: Bradley Miller,The Osgoode Society

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Borderline Crime

Fugitive Criminals and the Challenge of the Border, 1819-1914

By: Bradley Miller,The Osgoode Society

From 1819 to 1914, governments in northern North America struggled to deal with crime and criminals migrating across the Canadian-American border. Limited by the power of territorial sovereignty, officials were unable to simply retrieve fugitives and refugees from foreign territory. Borderline Crime examines how law reacted to the challenge of the border in British North America and post-Confederation Canada. For nearly a century, officials ranging from high court judges to local police officers embraced the ethos of transnational enforcement of criminal law. By focusing on common criminals, escaped slaves, and political refugees, Miller reveals a period of legal genesis where both formal and informal legal regimes were established across northern North America and around the world to extradite and abduct fugitives. Miller also reveals how the law remained confused, amorphous, and often ineffectual at confronting the threat of the border to the rule of law. This engrossing history will be of interest to legal, political, and intellectual historians alike.

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Page Count

300

Publisher

University of Toronto Press

Published Date

ISBN 10

1487512848

ISBN 13

9781487512842

Honorary Protestants

The Jewish School Question in Montreal, 1867-1997

By: David Fraser,The Osgoode Society

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Honorary Protestants

The Jewish School Question in Montreal, 1867-1997

By: David Fraser,The Osgoode Society

When the Constitution Act of 1867 was enacted, section 93 guaranteed certain educational rights to Catholics and Protestants in Quebec, but not to any others. Over the course of the next century, the Jewish community in Montreal carved out an often tenuous arrangement for public schooling as “honorary Protestants,” based on complex negotiations with the Protestant and Catholic school boards, the provincial government, and individual municipalities. In the face of the constitution’s exclusionary language, all parties gave their compromise a legal form which was frankly unconstitutional, but unavoidable if Jewish children were to have access to public schools. Bargaining in the shadow of the law, they made their own constitution long before the formal constitutional amendment of 1997 finally put an end to the issue. In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal. Based on extensive archival research, it highlights the complex evolution of concepts of rights, citizenship, and identity, negotiated outside the strict legal boundaries of the constitution.

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530

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University of Toronto Press

Published Date

ISBN 10

1442630507

ISBN 13

9781442630505

Essays in the History of Canadian Law

By: Osgoode Society

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Essays in the History of Canadian Law

By: Osgoode Society

These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.

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610

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University of Toronto Press

Published Date

ISBN 10

0802071511

ISBN 13

9780802071514

Bora Laskin

Bringing Law to Life

By: Philip Girard,Osgoode Society for Canadian Legal History

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Bora Laskin

Bringing Law to Life

By: Philip Girard,Osgoode Society for Canadian Legal History

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.

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673

Publisher

University of Toronto Press

Published Date

ISBN 10

0802090443

ISBN 13

9780802090447

Lawyers and Legal Culture in British North America

Beamish Murdoch of Halifax

By: Philip Girard,Osgoode Society for Canadian Legal History

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Lawyers and Legal Culture in British North America

Beamish Murdoch of Halifax

By: Philip Girard,Osgoode Society for Canadian Legal History

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.

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297

Publisher

University of Toronto Press

Published Date

ISBN 10

1442644109

ISBN 13

9781442644106

'Terror to Evil-doers'

Prisons and Punishment in Nineteenth-century Ontario

By: Peter Oliver,Osgoode Society for Canadian Legal History

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'Terror to Evil-doers'

Prisons and Punishment in Nineteenth-century Ontario

By: Peter Oliver,Osgoode Society for Canadian Legal History

The history of the foundations of modern carceral institutions in Ontario. Drawing on a wide range of previously unexplored primary material, Oliver provides a narrative and interpretative account of the penal system in 19th-century Ontario.

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630

Publisher

University of Toronto Press

Published Date

ISBN 10

0802081665

ISBN 13

9780802081667

Married Women and Property Law in Victorian Ontario

By: Anne Lorene Chambers,Osgoode Society for Canadian Legal History

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Married Women and Property Law in Victorian Ontario

By: Anne Lorene Chambers,Osgoode Society for Canadian Legal History

A meticulously researched and revisionist study of the nineteenth-century Ontario's Married Women's Property Acts. They were important landmarks in the legal emancipation of women.

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1388

Publisher

University of Toronto Press

Published Date

ISBN 10

0802078397

ISBN 13

9780802078391

Unforeseen Legacies

Reuben Wells Leonard and the Leonard Foundation Trust

By: Bruce H. Ziff,Osgoode Society for Canadian Legal History

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Unforeseen Legacies

Reuben Wells Leonard and the Leonard Foundation Trust

By: Bruce H. Ziff,Osgoode Society for Canadian Legal History

An exploration of Canadian values and beliefs as filtered through the ideologies of Colonel Reuben Wells Leonard, the Leonard Trust, and the law governing private discriminatory action.

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308

Publisher

University of Toronto Press

Published Date

ISBN 10

0802083684

ISBN 13

9780802083685

The Rule of the Admirals

Law, Custom, and Naval Government in Newfoundland, 1699-1832

By: Jerry Bannister,Osgoode Society for Canadian Legal History

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The Rule of the Admirals

Law, Custom, and Naval Government in Newfoundland, 1699-1832

By: Jerry Bannister,Osgoode Society for Canadian Legal History

Jerry Bannister's The Rule of the Admirals examines governance in Newfoundland from the rule of the fishing admirals in 1699 to the establishment of representative government in 1832. It offers the first in-depth account of the rise and fall of the system of naval government that dominated the island for more than a century. In this provocative look at legal culture in eighteenth- and nineteenth-century Newfoundland, Bannister explores three topics in detail: naval government in St. John's, surrogate courts in the outports, and patterns in the administration of law. He challenges the conventional view that early Newfoundland was a lawless frontier isolated from the rest of the Atlantic world, and argues that an effective system of naval government emerged to meet the needs of those in power. An original and perceptive work, Bannister's argument demands that we reconsider much of our knowledge of early Newfoundland history. As he re-examines governance prior to an elected assembly and places his analysis firmly within the material conditions of Newfoundland society, Bannister provides a groundbreaking reinterpretation of a critical period in the island's colonial development. Ultimately, The Rule of the Admirals sheds light on one of the most misunderstood chapters in Canadian and British colonial history.

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Page Count

460

Publisher

University of Toronto Press

Published Date

ISBN 10

0802086136

ISBN 13

9780802086136

Magistrates, Police and People

Everyday Criminal Justice in Quebec and Lower Canada

By: Donald Fyson,Osgoode Society for Canadian Legal History

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Magistrates, Police and People

Everyday Criminal Justice in Quebec and Lower Canada

By: Donald Fyson,Osgoode Society for Canadian Legal History

Based on extensive research in judicial and official sources, Donald Fyson offers the first comprehensive study of the everyday workings of criminal justice in Quebec and Lower Canada. Focusing on the justices of the peace and their police, Fyson examines both the criminal justice system itself, and the system in operation as experienced by those who participated in it. Fyson contends that, although the system was fundamentally biased, its flexibility provided a source of power for ordinary citizens. At the same time, the system offered the colonial state and its elites a powerful, though often faulty, means of imposing their will on Quebec society. This study will challenge many received historical interpretations, providing new insight into criminal justice in early Quebec.

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497

Publisher

University of Toronto Press

Published Date

ISBN 10

0802092233

ISBN 13

9780802092236

Essays in the History of Canadian Law: In honour of R.C.B. Risk

By: Philip Girard,Osgoode Society

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Essays in the History of Canadian Law: In honour of R.C.B. Risk

By: Philip Girard,Osgoode Society

The collected essays in this volume represent the highlights of legal historical scholarship in Canada today. All of the essays refer back in some form to Risk's own work in the field.

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620

Publisher

University of Toronto Press

Published Date

ISBN 10

0802047297

ISBN 13

9780802047298

Legacies of Fear

Law and Politics in Quebec in the Era of the French Revolution

By: Frank Murray Greenwood,Osgoode Society

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Legacies of Fear

Law and Politics in Quebec in the Era of the French Revolution

By: Frank Murray Greenwood,Osgoode Society

Many people assume that a French-English cleavage has always existed and historians have been uncertain as to just how it unfolded. This book provides the answer. Greenwood re-creates a Quebec in which trust between French and English Canadians was an early casualty of the execution of Louis XVI and the descent of the French Revolution through terror into war. Fearing invasion, the English community, through the law officers of the crown, drafted draconian legislation and established an efficient counter-intelligence service. Lower Canada in these years was a hotbed of spies and counter-intelligence, highlighted by the trial for high treason of an American undercover agent for revolutionary France. Placing the legal history of Quebec in the foreground of these dangerous and dramatic events, Greenwood reveals this period as a turning point that altered not only French-English relations but Canada's legal and constitutional inheritance. While the focus is on legal and political history, the narrative also details intellectual, military, social, and economic developments. The author pursues many dynamic themes of the period including the riots among working people in the 1790s; the differences in judicial behaviour when security matters were at stake; the setting up of the first formal counter-intelligence service, and issues related to the suspension of habeas corpus. Murray Greenwood is one of Canada's finest legal historians. In this work his wide perspective, supported by extensive documentation, brings new evidence and insight to a formative and somewhat neglected period in Canada's history.

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396

Publisher

University of Toronto Press

Published Date

ISBN 10

0802069746

ISBN 13

9780802069740

Colour-coded

A Legal History of Racism in Canada, 1900-1950

By: Constance Backhouse,Osgoode Society for Canadian Legal History

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Colour-coded

A Legal History of Racism in Canada, 1900-1950

By: Constance Backhouse,Osgoode Society for Canadian Legal History

Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law."--BOOK JACKET.

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505

Publisher

University of Toronto Press

Published Date

ISBN 10

0802082866

ISBN 13

9780802082862

Canadian State Trials: Rebellion and invasion in the Canadas, 1837-1839

By: Osgoode Society for Canadian Legal History

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Canadian State Trials: Rebellion and invasion in the Canadas, 1837-1839

By: Osgoode Society for Canadian Legal History

And incompetent justice : Legal responses 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.

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540

Publisher

University of Toronto Press

Published Date

ISBN 10

0802037488

ISBN 13

9780802037480

The Conventional Man

The Diaries of Ontario Chief Justice Robert A. Harrison, 1856-1878

By: Robert Alexander Harrison,Osgoode Society for Canadian Legal History

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The Conventional Man

The Diaries of Ontario Chief Justice Robert A. Harrison, 1856-1878

By: Robert Alexander Harrison,Osgoode Society for Canadian Legal History

Although unusual in his driving ambitions and his consuming need to accumulate a fortune, Harrison remained in most respects thoroughly conventional and Victorian, and his diary offers unrivalled insights into the voice of the mid-nineteenth century Toronto male.

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708

Publisher

University of Toronto Press

Published Date

ISBN 10

0802088422

ISBN 13

9780802088420

The Supreme Court of Nova Scotia, 1754-2004

From Imperial Bastion to Provincial Oracle

By: Osgoode Society for Canadian Legal History

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The Supreme Court of Nova Scotia, 1754-2004

From Imperial Bastion to Provincial Oracle

By: Osgoode Society for Canadian Legal History

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.

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576

Publisher

University of Toronto Press

Published Date

ISBN 10

0802080219

ISBN 13

9780802080219

Searching for Justice

An Autobiography

By: Fred Kaufman,Osgoode Society for Canadian Legal History

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Searching for Justice

An Autobiography

By: Fred Kaufman,Osgoode Society for Canadian Legal History

The Honourable Fred Kaufman has been a distinguished figure in Canadian law for a half century. Born into a middle-class Jewish family in mid-1920s Vienna, Kaufman escaped to England on the eve of the Second World War. In 1940, he was interned as an 'enemy alien' and sent to Canada. Released in 1942, Kaufman stayed in Canada where he went on to university and law school in Montreal. Kaufman was called to the Bar of Quebec in 1955 and practiced criminal law for eighteen years, taking part in many of the famous cases of that period. In 1960, he secured the release of a young Pierre Elliott Trudeau from prison, and in 1973, Trudeau returned the favour by personally informing Kaufman of his appointment to the Quebec Court of Appeal, where he served for eighteen years, including one as Acting Chief Justice of Quebec. Since his retirement in 1991, Kaufman has led numerous commissions and inquiries, most notably the investigation into the wrongful conviction of Guy Paul Morin and the two-year reassessment of the Steven Truscott case. Searching for Justice is Kaufman's remarkable story in his own words. It is the tale of adversity overcome in a crucial period of Canadian legal history.

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377

Publisher

University of Toronto Press

Published Date

ISBN 10

0802090516

ISBN 13

9780802090515

The Court of Queen's Bench of Manitoba, 1870-1950

A Biographical History

By: Dale Brawn,Osgoode Society for Canadian Legal History

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The Court of Queen's Bench of Manitoba, 1870-1950

A Biographical History

By: Dale Brawn,Osgoode Society for Canadian Legal History

This study of the Manitoba judiciary is not only the first biographical history to examine an entire provincial bench, it is also one of the first studies to offer an internal view of the political nature of the judicial appointment process. Dale Brawn has penned the biographies of the first thirty-three men appointed to Manitoba's Court of Queen's Bench. The relative youth of Manitoba as a province and the small size of its legal profession makes possible an exceptionally detailed investigation of the background of those appointed to the province's highest trial court. The biographical data that Brawn has collected for this book highlights the extent to which judicial candidates underwent a socialization process designed to produce a legal elite whose members shared remarkably similar views and ways of thinking. In addition, these biographies suggest that until at least 1950, seats on provincial benches were rewards for political services rendered. Many lawyers became judges not because of their legal ability, but because they had made themselves known in the communities in which they practiced. This fascinating study offers an intimate look at personalities ranging from prime ministers to members of the bench and both senior levels of government.

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529

Publisher

University of Toronto Press

Published Date

ISBN 10

080209225X

ISBN 13

9780802092250

Chief Justice W.R. Jackett

By the Law of the Land

By: Richard W. Pound,Osgoode Society for Canadian Legal History

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Chief Justice W.R. Jackett

By the Law of the Land

By: Richard W. Pound,Osgoode Society for Canadian Legal History

Wilbur Roy Jackett, born in a small town in Saskatchewan in 1914, is inextricably connected to some of the most important developments in Canadian legal history. As a scholar, public servant, and jurist, he was a leading figure in Canadian law, serving during the governments of Mackenzie King, St Laurent, Pearson, Diefenbaker, Trudeau, and Clark. After graduating from the University of Saskatchewan's College of Law, Jackett was chosen as a Rhodes Scholar. He returned to Canada from Oxford not long before the outbreak of World War II and joined the ten-man Department of Justice as a junior lawyer. Through extraordinary hard work, rigorous legal analysis, and a bent for organisation, he eventually became Canada's eighth deputy minister of Justice. He left this position after three years to become general counsel for the Canadian Pacific Railway and was later appointed president of the Exchequer Court of Canada. He quickly revamped the level of service provided by the court to the legal profession and the public and was instrumental in both the creation of the Canadian Judicial Council and the design and creation of the new Federal Court of Canada. As the first chief justice of the Federal Court, he led the new court by example, moulding it into the most efficient and effective court in the country, despite opposition from provincial superior courts and the Supreme Court of Canada. After fifteen years on the Bench he retired in 1979 at the height of his judicial career, believing that this would help the Court develop. He continued to work in relative obscurity at what he loved best - solving legal problems - but never again appeared before the courts. Richard W. Pound is a senior partner at Stikeman, Elliott, chancellor of McGill University, and a member of the International Olympic Committee.

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394

Publisher

McGill-Queen's Press - MQUP

Published Date

ISBN 10

0773518983

ISBN 13

9780773518988

My Life in Crime and Other Academic Adventures

By: Martin L. Friedland,Osgoode Society for Canadian Legal History

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My Life in Crime and Other Academic Adventures

By: Martin L. Friedland,Osgoode Society for Canadian Legal History

Since his call to the Bar in 1960, Martin L. Friedland has been involved in a number of important public policy issues, including bail, legal aid, gun control, securities regulation, access to the law, judicial independence and accountability, and national security. My Life in Crime and other Academic Adventures offers a first-hand account of the development of these areas of law from the perspective of a man who was heavily involved in their formation and implementation. It is also the story of a distinguished academic, author, and former dean of law at the University of Toronto. Moving beyond the boundaries of conventional memoir, Friedland offers an extended meditation on public policy issues and significant events in the field of law, discussing their historical impact and predicting the course of their future development. Given his personal experience, there is no other person more suited to discuss these hugely important issues. Friedland puts the law and legal institutions into a wider context, looking at the role of personalities, politics, and pressure groups in the establishment of laws that continue to have tremendous importance for Canadians. My Life in Crime and other Academic Adventures reflects upon a life devoted to education, scholarship, and the law, and is an insider account of public policy issues that have come to shape life in this country in the twentieth century and beyond.

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537

Publisher

University of Toronto Press

Published Date

ISBN 10

0802097901

ISBN 13

9780802097903

The Federal Court of Canada

A History, 1875-1992

By: Ian Bushnell,Osgoode Society for Canadian Legal History

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The Federal Court of Canada

A History, 1875-1992

By: Ian Bushnell,Osgoode Society for Canadian Legal History

This book is an authoritative history of the Federal Court of Canada. The judges' work in various areas of substantive law provides illustrations of the functioning of the Court in the adjudication of disputes.

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880

Publisher

University of Toronto Press

Published Date

ISBN 10

0802042074

ISBN 13

9780802042071

Brian Dickson

A Judge's Journey

By: Robert J. Sharpe,Kent Roach,Osgoode Society for Canadian Legal History

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Brian Dickson

A Judge's Journey

By: Robert J. Sharpe,Kent Roach,Osgoode Society for Canadian Legal History

Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period.

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636

Publisher

University of Toronto Press

Published Date

ISBN 10

0802089526

ISBN 13

9780802089526

A History of Canadian Legal Thought

Collected Essays

By: R. C. B. Risk,Osgoode Society for Canadian Legal History

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A History of Canadian Legal Thought

Collected Essays

By: R. C. B. Risk,Osgoode Society for Canadian Legal History

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.

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Page Count

449

Publisher

University of Toronto Press

Published Date

ISBN 10

0802094244

ISBN 13

9780802094247

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