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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. --Book cover description
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This is the second volume of what will be a three-volume history of law in what is now Canada. The main theme of A History of Law in Canada Volume II is encapsulated in its sub-title: Law for the New Dominion. As a new state on the global stage, Canada tried to use law to weld into one nation several disparate settler colonies established on Indigenous lands. But unity was elusive: Canada had to recognize Quebec civil law and tried to override or replace Indigenous law even as it faced challenges to its own authority, from the Northwest Rebellion to the claims of restive provincial premiers. The volume deals with all aspects of Canadian law and legal institutions, with chapters on the constitution, courts and judges, sources of law (common law, civil law, Indigenous law and statutes), the legal profession, Canadian law and Indigenous peoples (3 chapters), criminal law, law and the economy, labour law, property law, the law affecting women’s status, and civil rights and minorities. --Publisher's description
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This book, the first of 2 volumes, presents the history of law in what is now Canada, from the first European contacts with northern North America in the very early sixteenth century to immediately before Confederation. Divided into four parts, the book first looks at the roots of Canada’s three legal traditions, Indigenous, French and English, in North America, France and England. Part 2 examines the period down to 1701 and the signing of the treaty known as the Great Peace of Montreal in 1701, during which New France was established. Part 3 deals with the eighteenth century – Anglo-French conflict, New France until 1760, the establishment and growth of English colonies of settlement, and, throughout, relations with indigenous peoples and governance of indigenous nations. Part 4 is devoted to the British North American period, after 1815. Indigenous people are central of the narrative throughout, including after 1815 when their influence waned as their land base was largely lost in central and eastern Canada. Included in Part 4 are the Red River settlement and early British Columbia. Although the background to this history are the well-known major political, military, social and economic transformations of this part of North America, the book is principally a legal history set against and integrated with that background. Court systems, the judiciary, the legal professions, are dealt with in every period and for each of the legal traditions, and the areas of law covered include criminal, family, constitutional, commercial, land, succession, and civil and criminal procedure. This volume combines the remarkable flowering of scholarship on Canadian legal history, so much of it fostered and published by the Osgoode Society over 35 years, and much new research. --Publisher's description
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