The jury, a central institution of the trial process, exemplifies in popular perception the distinctiveness of our legal tradition. Nevertheless, juries today try only a small minority of cases. A Trying Question traces the history of the jury in Canada and links its nineteenth-century decline to the rise of the professional class.

R. Blake Brown shows that juries could be controversial, as they could be stacked and were often considered a nuisance by those who had to serve. With the legal profession's expansion, many saw them as amateur, ineffective, and unnecessarily...

The third volume in the Canadian State Trials series examines Canadian legal responses to real or perceived threats to the safety and security of the state from 1840 to 1914, a period of extensive challenges associated with fundamental political and socio-economic change. Trials for treason and related political offences, suspensions of habeas corpus, and other public order and security-related measures, supported by new institutions such as secret policing, are studied in essays by leading scholars in the field.

The book is divided into four parts: trials and related...

In Canadian Maverick, bestselling author William Kaplan critically examines the life and times of lawyer, politician, academic, and Supreme Court Justice Ivan C. Rand. Born to a working-class New Brunswick family, Rand's hard work and impressive intellect led to an extraordinary career that redefined Canada's legal landscape.

Rand's 1943 appointment to the Supreme Court of Canada invigorated what was then a pedestrian institution. His work in labour law, including his development of the Rand Formula, and his key judgments in civil liberties cases inspired a generation of...

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 December 1883, Peter Lazier was shot in the heart during a bungled robbery at a Prince Edward County farmhouse. Three local men, pleading innocence from start to finish, were arrested and charged with his murder. Two of them -- Joseph Thomset and David Lowder -- were sentenced to death by a jury of local citizens the following May. Nevertheless, appalled community members believed at least one of them to be innocent -- even pleading with prime minister John A. Macdonald to spare them from the gallows.

The Lazier Murder explores a community's response to a crime, as well...

The African Canadian Legal Odyssey explores the history of African Canadians and the law from the era of slavery until the early twenty-first century. This collection demonstrates that the social history of Blacks in Canada has always been inextricably bound to questions of law, and that the role of the law in shaping Black life was often ambiguous and shifted over time.

Comprised of eleven engaging chapters, organized both thematically and chronologically, it includes a substantive introduction that provides a synthesis and overview of this complex history. This outstanding...

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed...

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...

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...

The fourth volume in the Canadian State Trials series examines the legal issues surrounding perceived security threats and the repression of dissent from the outset of World War One through the Great Depression. War prompted the development of new government powers and raised questions about citizenship and Canadian identity, while the ensuing interwar years brought serious economic challenges and unprecedented tensions between labour and capital.

The chapters in this edited collection, written by leading scholars in numerous fields, examine the treatment of enemy aliens,...