Awards

• Winner of W. Wesley Pue Book Prize Awarded by the Canadian Law and Society Association 2023 (Canada)

Overview

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 Mtis 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.

Full Product Details

Author:   Jim Phillips ,  Philip Girard ,  R. Blake Brown
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 15.90cm , Height: 5.10cm , Length: 23.50cm
Weight:   1.180kg
ISBN:  

9781487545673

ISBN 10:   1487545673
Pages:   800
Publication Date:   14 November 2022
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Foreword Acknowledgments 1. Introduction Part One: The Law and Legal Institutions 2. The Constitution: Confederation, The British North America Act, and Post-1867 Developments The Making of Confederation. A Very Brief Survey The BNA Act: The Senate The BNA Act: The Division of Powers The BNA Act: The Judiciary Provisions The BNA Act: Disallowance A Constitution Similar in Principle: Canadianizing the Crown? The Meaning of Dominion: Imperial and International Questions Extending Confederation: British Columbia, Prince Edward Island, Alberta, Saskatchewan, and the North The Courts and the Remaking of the Division of Powers The Demise of Disallowance in the Era of Provincial Rights 3. Creating and Staffing the Dominion Court System Establishing and Integrating Court Systems in the West The Founding and Early Decades of the Supreme Court of Canada Provincial Courts of Appeal The Fusion of Common Law and Equity Professional County and District Courts Lower Courts and Specialised Courts Judicial Numbers and Remuneration Judicial Appointments Public Perceptions of the Judiciary and Judicial Scandals 4. Sources of Law: Statutes, Codes, and Case Law Federal and Provincial Statutory Revisions Federal and Provincial Statutes: Cross-Border Borrowings Case Law The Civil Code of Lower Canada The Civil Code: Structure and Scope The Civil Code: Reform and Amendment 5. The Civil Law: A Mixed Legal System in Confederation    Family Law Obligations Employers’ Liability for Workplace Injuries Property 6. The Legal Professions, Legal Education, and Legal Literature The Emergence of the “Large” Law Firm Lawyers and Business Practices University Legal Education Legal Literature  Professional Governance: The “Canadian Model” Established Towards Diversity? Part Two: Indigenous Peoples and Dominion Law 7. Canadian Law and Indigenous Peoples I: The Métis, the Numbered Treaties, British Columbia, and The Rebellion The Métis, the Red River Resistance, and the Founding of Manitoba The Numbered Treaties, 1871–1907 British Columbia: Federal-Provincial Disputes over Indigenous Title The 1885 Rebellion and the Criminal Law The Trial and Execution of Louis Riel 8. Canadian Law and Indigenous Peoples II: The Indian Act, the Reserve System, and Assimilation Enfranchisement The Law and Practice of Reserve Protection External and Internal Governance of Indigenous Reserves The Criminalization of Cultural and Religious Practices 9. Canadian Law and Indigenous Peoples III: The Origins and Expansion of the Residential School System The School System for Indigenous People, 1867–1883 The Origins and Growth of the Residential School System to 1900 The Operation of Residential Schools Why Were Residential Schools Not Abolished or Drastically Reformed? 10. Indigenous Law and European Law: Adaptation, Resistance, Avoidance The Gitxsan Kahnawà:ke The Six Nations  The Métis Marriage Part Three: Areas of Law 11. Law and the Economy: Corporate and Commercial Law Corporation Law: General Incorporation  Corporation Law: Special Act Incorporations Debtor-Creditor Law: Imprisonment for Debt, Bankruptcy, and Insolvency The Regulatory State: Banking, Mining, Railways 12. Criminal Justice: Criminal Law, Criminal Procedure, and Punishment Making a National Criminal Law Criminal Procedure: Introduction and the Northwest Territories Criminal Procedure: The Decline of Juries Criminal Procedure: Trial and Appeal Rights Imprisonment: The Federal Penitentiary System Capital Punishment General Capital Punishment: Women and Indigenous Peoples 13. Labour and Employment Law Employment Law: Master and Servant Labour Law: Trade Unions and Workplace Dispute Resolution State Intervention in Labour Law: Arbitration and Conciliation Workplace Health and Safety Compensation for Workplace Injuries 14. Property Law Métis Land Rights in Manitoba Homestead Settlements: The Canada Land Survey, the Dominion Lands Act, and Provincial Homestead Laws Title Registration: The Torrens System Resolving the Prince Edward Island Land Question Expropriation Land Use Planning and Regulation: Public and Private Law Nuisance: The Shifting Boundary between Public and Private Law Succession Law Part 4: Less Favoured by Law 15. Women, the Family, and the Law Married Women’s Property in Common Law Provinces Divorce Law, Divorce Courts and the Sanctity of Marriage Parliamentary Divorce Child Custody in Common Law Provinces 16: Civil Rights and Minorities The Chinese and Japanese in British Columbia: Discriminatory Legislation, International Relations, and the Courts and the Rule of Law Provincial and Federal Asian Exclusion Acts Anti-Chinese Legislation in Other Provinces: White Women’s Labour Laws South Asians: Indirect Exclusion and the Empire Black Canadians Rekindling an Old Fire: Religious and Linguistic Minorities 17. Conclusion Abbreviations Notes Index

Reviews

A History of Law in Canada Volume Two provides a comprehensive and compelling review of the development of law - common, civil, and Indigenous - in what we now know as Canada. The authors relate law to broader social, cultural, economic, and moral contexts, identify gaps in our knowledge, and raise questions for further academic inquiry. Like its predecessor, this book is required reading and a critical reference work for all legal historians in Canada. It will also provide inspiration for many new projects in legal history. - Lori Chambers, Professor of Gender and Women's Studies, Lakehead University Building upon the crucial insights offered in Volume One, this is a lucidly written and impressively researched synthesis and analysis of Canadian law and its institutions from early Confederation to the First World War. It adeptly weaves the political, social, and cultural contours of these histories, paying close attention to carcerality, Indigeneity, coloniality, race, gender, and the experiences of various minorities and workers under Canadian law. This is an invaluable work. - Barrington Walker, Associate Vice-President, Equity, Diversity and Inclusion; Professor, Department of History, Wilfrid Laurier University The pivotal decades from Confederation to the Great War offer a brilliant vista for three of Canada's most renowned legal historians to work their magic. Volume Two of A History of Law in Canada offers us a remarkable window into the history of Canada's elites, as well as its Indigenous peoples and racialized minorities - men and women who crafted a stunning legal framework to transform a new country. - Constance Backhouse, Distinguished University Professor and Professor of Law, University of Ottawa

""Building upon the crucial insights offered in Volume One, this is a lucidly written and impressively researched synthesis and analysis of Canadian law and its institutions from early Confederation to the First World War. It adeptly weaves the political, social, and cultural contours of these histories, paying close attention to carcerality, Indigeneity, coloniality, race, gender, and the experiences of various minorities and workers under Canadian law. This is an invaluable work."" --Barrington Walker, Associate Vice-President, Equity, Diversity and Inclusion; Professor, Department of History, Wilfrid Laurier University ""The pivotal decades from Confederation to the Great War offer a brilliant vista for three of Canada's most renowned legal historians to work their magic. Volume Two of A History of Law in Canada offers us a remarkable window into the history of Canada's elites, as well as its Indigenous peoples and racialized minorities - men and women who crafted a stunning legal framework to transform a new country."" --Constance Backhouse, Distinguished University Professor and Professor of Law, University of Ottawa "" A History of Law in Canada Volume Two provides a comprehensive and compelling review of the development of law - common, civil, and Indigenous - in what we now know as Canada. The authors relate law to broader social, cultural, economic, and moral contexts, identify gaps in our knowledge, and raise questions for further academic inquiry. Like its predecessor, this book is required reading and a critical reference work for all legal historians in Canada. It will also provide inspiration for many new projects in legal history."" --Lori Chambers, Professor of Gender and Women's Studies, Lakehead University

Author Information

Jim Phillips is a professor in the Faculty of Law and the Department of History at the University of Toronto. Philip Girard is a professor of law at Osgoode Hall Law School at York University. R. Blake Brown is a professor of history at Saint Mary's University.

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