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...

In 1921, despite the passing of legislation intended to ease the consequences of illegitimacy for children (Children of Unmarried Parents Act), reformers in Ontario made no effort to improve the status of unwed mothers. Furthermore, the reforms that were passed served as models for legislation in other provinces and even in some American states, institutionalizing, in essence, the prejudices evident throughout. Until now, historians have not sufficiently studied these measures, resulting in the marginalization of unwed mothers as historical subjects. In Misconceptions, Lori Chambers...

Colonel Reuben Wells Leonard (1860-1930) was a teacher, civil engineer, militia officer, inventor, businessman, senior civil servant, and philanthropist. In December 1923, he signed the third and final version of the Leonard Foundation trust deed, donating over $500,000 to create a fund for scholarships tenable across Canada. The deed begins with a statement of Leonard's belief that the "White Race is, as a whole, best qualified by nature to be entrusted with the development of civilization and the general progress of the world along the best lines." It goes on to recite that the progress...

J.L. Cohen, one of the first specialists in labour law and an architect of the Canadian industrial relations system, was a formidable advocate in the 1930s and 1940s on behalf of working people. A 'radical lawyer' in the tradition of the great American counsel Clarence Darrow or contemporary advocate Thomas Berger who represent the less powerful and seek to reform society and to protect civil liberties, Cohen was also a 'labour intellectual' in Canada, similar to those supporting Roosevelt's New Deal in the United States. He wrote Collective Bargaining in Canada, served on the National War...

Madame Justice Bertha Wilson, the first woman appointed to the Supreme Court of Canada, is an enormously influential and controversial figure in Canadian legal and political history. This engaging, authorized, intellectual biography draws on interviews conducted under the auspices of the Osgoode Society for Legal History, held in Scotland and Canada with Madame Justice Wilson, as well as with her friends, relatives, and colleagues. The biography traces Wilson's story from her birth in Scotland in 1923 to the present. Wilson's contributions to the areas of human rights law and equality...

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...

The Canadian Constitution of 1867 as written should have provided the authoritative guide to the law governing the division of powers between the national and provincial governments of Canada, but by the 1940s the federal constitution was a very different document to that composed originally by John A. Macdonald and his colleagues. In this engaging and exhaustive examination of the critical role of the courts - the Judicial Committee of the Privy Council and the Supreme Court of Canada - in shaping Canadian federalism, John Saywell argues that the courts always have and still do 'make law'...

In 1791 when the Constitutional Act created a legislative assembly for Upper Canada, the colonists and their British rulers decreed that the operating criminal justice system in the area be adopted from England, to avoid any undue influence from the nearby United States. In this new study of early Canadian law, David Murray has delved into the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the nineteenth century.

Murray explores how...

From the Ecole 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,...

War crimes prosecutions create unique difficulties as civilian standards of law are applied to the extraordinary circumstances of war. Governments are often surprisingly hesitant to pursue war criminals. Patrick Brode has produced a fascinating study of such issues in Casual Slaughters and Accidental Judgements, a history of Canada's prosecution of war crimes committed during the Second World War. It is a history that includes personalities such as Lt. Col. Bruce Macdonald, whose persistence overcame Ottawa's reluctance to pursue the 'war crimes business, ' and SS BrigadefUhrer...