The Canadian Department Of Justice And The Completion Of Confederation 1867 78

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The Canadian Department of Justice and the Completion of Confederation 1867-78

Author : Jonathan Swainger
Publisher : UBC Press
ISBN 13 : 0774841990
Total Pages : 178 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Canadian Department of Justice and the Completion of Confederation 1867-78 by : Jonathan Swainger

Download or read book The Canadian Department of Justice and the Completion of Confederation 1867-78 written by Jonathan Swainger and published by UBC Press. This book was released on 2011-11-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal Department of Justice was established by John A. Macdonald as part of the Conservative party's program for reform of the parliamentary system following Confederation. Among other things, it was charged with establishing national institutions such as the Supreme Court and the North West Mounted Police and with centralizing the penitentiary system. In the process, the department took on a position of primary importance in post-Confederation politics. This was particularly so up to 1878, when Confederation was "completed." Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867. Drawing on legal records and other archival documents, he details the complex interactions between law and politics, exploring how expectations both inside and outside the legal system created an environment in which the department acted as an advisor to the government. He concludes by considering the post-1878 legacy of the department's approach to governance, wherein any problem, legal or otherwise, was made amenable to politicized solutions. Unfortunately for the department and the federal government, this left them ill-prepared for the constitutional battles to come. One crucial task was to establish responsibilities within the federal government, rather than just duplicate offices which had existed prior to union. Others were the establishment of national or quasi- national institutions such as the Supreme Court (1875) and the North-West Mounted Police (1873), the redrafting of the Governor-General's instructions (which was done between 1875 and 1877), and centralization of the penitentiary system (completed by 1875). The Department benefited from a deeply rooted expectation that law was both apolitical and necessary. This ideology functioned in a variety of ways: it gave the Department considerable latitude for setting policy and solving problems, but rationalized the appearance of politicized legal decisions. It also legitimized Department officials' claim that it was especially suited to review all legislation, advise on the royal prerogative of mercy, administer national penitentiaries, and appoint judges to the bench. Ultimately, the fictional notion of law as apolitical and necessary placed the Department of Justice squarely in the midst of the completion of Confederation. The Canadian Department of Justice and the Completion of Confederation will be of particular interest to students and scholars of Canadian legal and political history.

The Death Penalty and Sex Murder in Canadian History

Author : Carolyn Strange
Publisher : University of Toronto Press
ISBN 13 : 1487538111
Total Pages : 382 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis The Death Penalty and Sex Murder in Canadian History by : Carolyn Strange

Download or read book The Death Penalty and Sex Murder in Canadian History written by Carolyn Strange and published by University of Toronto Press. This book was released on 2020-10-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Confederation to the partial abolition of the death penalty a century later, defendants convicted of sexually motivated killings and sexually violent homicides in Canada were more likely than any other condemned criminals to be executed for their crimes. Despite the emergence of psychiatric expertise in criminal trials, moral disgust and anger proved more potent in courtrooms, the public mind, and the hearts of the bureaucrats and politicians responsible for determining the outcome of capital cases. Wherever death has been set as the ultimate criminal penalty, the poor, minority groups, and stigmatized peoples have been more likely to be accused, convicted, and executed. Although the vast majority of convicted sex killers were white, Canada’s racist notions of "the Indian mind" meant that Indigenous defendants faced the presumption of guilt. Black defendants were also subjected to discriminatory treatment, including near lynchings. In debates about capital punishment, abolitionists expressed concern that prejudices and poverty created the prospect of wrongful convictions. Unique in the ways it reveals the emotional drivers of capital punishment in delivering inequitable outcomes, The Death Penalty and Sex Murder in Canadian History provides a thorough overview of sex murder and the death penalty in Canada. It serves as an essential history and a richly documented cautionary tale for the present.

Prime Ministerial Power in Canada

Author : Patrice Dutil
Publisher : UBC Press
ISBN 13 : 0774834765
Total Pages : 412 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Prime Ministerial Power in Canada by : Patrice Dutil

Download or read book Prime Ministerial Power in Canada written by Patrice Dutil and published by UBC Press. This book was released on 2017-05-26 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many Canadians lament that prime ministerial power has become too concentrated since the 1970s. This book contradicts this view by demonstrating how prime ministerial power was centralized from the very beginning of Confederation and that the first three important prime ministers – Macdonald, Laurier, and Borden – channelled that centralizing impulse to adapt to the circumstances they faced. Using a variety of innovative approaches, Patrice Dutil focuses on the managerial philosophies of each of the prime ministers. He shows that by securing a firm grip on the instruments of governance these early first ministers inevitably shaped the administrations they headed, as well as those that followed.

Westward Bound

Author : Lesley Erickson
Publisher : UBC Press
ISBN 13 : 0774818603
Total Pages : 361 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Westward Bound by : Lesley Erickson

Download or read book Westward Bound written by Lesley Erickson and published by UBC Press. This book was released on 2011-08-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Westward Bound debunks the myth of Canada’s peaceful West and the masculine conceptions of law and violence upon which it rests by shifting the focus from Mounties and whisky traders to criminal cases involving women between 1886 and 1940. Erickson’s analysis of these cases shows that, rather than a desire to protect, official responses to the most intimate or violent acts betrayed an impulse to shore up the liberal order by maintaining boundaries between men and women, Native people and newcomers, and capital and labour. Victims and accused could only hope to harness entrenched ideas about masculinity, femininity, race, and class in their favour. This fascinating exploration of hegemony and resistance in key contact zones draws prairie Canada into larger debates about law, colonialism, and nation building.

Hunger, Horses, and Government Men

Author : Shelley A.M. Gavigan
Publisher : UBC Press
ISBN 13 : 0774822554
Total Pages : 305 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Hunger, Horses, and Government Men by : Shelley A.M. Gavigan

Download or read book Hunger, Horses, and Government Men written by Shelley A.M. Gavigan and published by UBC Press. This book was released on 2012-10-24 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.

Canada's Governors General, 1847-1878

Author : Barbara Jane Messamore
Publisher : University of Toronto Press
ISBN 13 : 080209385X
Total Pages : 321 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Canada's Governors General, 1847-1878 by : Barbara Jane Messamore

Download or read book Canada's Governors General, 1847-1878 written by Barbara Jane Messamore and published by University of Toronto Press. This book was released on 2006-01-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oft-ignored in the study of Canadian history or dismissed as a vestige of colonial status, the governor general's office provides essential historical insight into Canada's constitutional evolution. In the nineteenth century, as today, individual governors general exercised considerable scope in interpreting their approach to the office. The era 1847-1878 witnessed profound changes in Canada's relationship with Britain, and in this new book, Barbara J. Messamore explores the nature of these changes through an examination of the role of the governor general. Guided by outmoded instructions and constitutional conventions that were not yet firmly established, the governors general of the time - Lord Elgin, Sir Edmund Head, Lord Monck, Lord Lisgar, and Lord Dufferin - all wrestled with the implications of colonial self government. The imprecision of the viceregal role made the character of the appointee especially important and biographical details are thus essential to an understanding of how the new experiment of colonial self-government was put into practice. Messamore's book marries constitutional history and biography, providing illumination on some of the key figures of nineteenth-century Canadian politics.

Ghost Dancing with Colonialism

Author : Grace Li Xiu Woo
Publisher : UBC Press
ISBN 13 : 0774818905
Total Pages : 361 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Ghost Dancing with Colonialism by : Grace Li Xiu Woo

Download or read book Ghost Dancing with Colonialism written by Grace Li Xiu Woo and published by UBC Press. This book was released on 2011-09-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.

Macdonald at 200

Author : Patrice Dutil
Publisher : Dundurn
ISBN 13 : 1459724488
Total Pages : 472 pages
Book Rating : 4.4/5 (597 download)

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Book Synopsis Macdonald at 200 by : Patrice Dutil

Download or read book Macdonald at 200 written by Patrice Dutil and published by Dundurn. This book was released on 2014-10-10 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here are fifteen fresh interpretations of Canada's founding Prime Minister, published for the occasion of the bicentennial of his birth in 1815. Well researched and crisply written by recognized scholars and specialists, the collection throws new light on Macdonald's formative role in our nation.

Hard Time

Author : Ted McCoy
Publisher : Athabasca University Press
ISBN 13 : 1926836960
Total Pages : 350 pages
Book Rating : 4.9/5 (268 download)

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Book Synopsis Hard Time by : Ted McCoy

Download or read book Hard Time written by Ted McCoy and published by Athabasca University Press. This book was released on 2012 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The success and failure of prison reform and the corresponding social history of punishment in Canada.

Laws and Societies in the Canadian Prairie West, 1670-1940

Author : Louis A. Knafla
Publisher : UBC Press
ISBN 13 : 0774841451
Total Pages : 361 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Laws and Societies in the Canadian Prairie West, 1670-1940 by : Louis A. Knafla

Download or read book Laws and Societies in the Canadian Prairie West, 1670-1940 written by Louis A. Knafla and published by UBC Press. This book was released on 2011-11-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples. The ways in which prairie peoples perceived themselves and their relationships to a wider world were directly framed by notions of law and legal remedy shaped by the course and themes of prairie history. Legal history is not just about black letter law. It is also deeply concerned with the ways in which people affect and are affected by the law in their daily lives. By examining how central and important the law has been to individuals, communities, and societies in the Canadian Prairies, this book makes an original contribution.

Crime, Gender, and Sexuality in Criminal Prosecutions

Author : Louis A. Knafla
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313016364
Total Pages : 244 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Crime, Gender, and Sexuality in Criminal Prosecutions by : Louis A. Knafla

Download or read book Crime, Gender, and Sexuality in Criminal Prosecutions written by Louis A. Knafla and published by Bloomsbury Publishing USA. This book was released on 2002-07-30 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knafla and his contributors explore the common problems and issues that emerge from the study of class and gender in criminal prosecutions, ranging from late medieval Europe to the early 20th century. The chapters demonstrate that conceptions of crime and criminal behavior are influenced decisively by the roles of class, gender, and later race as societies evolve in search of continuity and conformity. The seven chapters in this volume, together with a major book review essay and critical reviews of sixteen major works in the area, reinforce the series as a major forum for exploring new directions in criminal justice research as it relates to issues and problems of class, gender, and race in their historical, criminological, legal, and social aspects. The chapters explore common themes and issues that emerge from the study of class and gender through policing and criminal prosecutions in the local community to growing attempts of the new nation state to gain control of the prosecutorial system. Trevor Dean and Lee Beier examine prosecutorial energy in local communities of 15th and 16th century Europe, and see instruments of peace (agreement) and war (prosecution and conviction) as worthy institutions of social control. Andrea Knox studies the prosecution of Irish women, finding that they were prominent as perpetrators of crime as well as victims. Antony Simpson shows how sexual indiscretions developed the law of blackmail in the 18th century, influencing subtle changes in gender roles. David Englander's study of Henry Mayhew reinterprets the role of class in the criminal prosecutions of the 19th century, while Arvind Verma and Philippa Levine extend the roles of class and gender that had been developed in the criminal justice system into the imperial colonies of south-east and east Asia in the 19th and early 20th centuries. An important resource for scholars, students, and researchers involved with legal, political, social, and women's history, criminal justice studies, sociology and criminology, and criminal law.

Fishing a Borderless Sea

Author : Brian J. Payne
Publisher : MSU Press
ISBN 13 : 1628951605
Total Pages : 188 pages
Book Rating : 4.6/5 (289 download)

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Book Synopsis Fishing a Borderless Sea by : Brian J. Payne

Download or read book Fishing a Borderless Sea written by Brian J. Payne and published by MSU Press. This book was released on 2010-02-16 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the centuries, processing and distribution of products from land and sea has stimulated the growth of a global economy. In the broad sweep of world history, it may be hard to imagine a place for the meager little herring baitfish. Yet, as Brian Payne adeptly recounts, the baitfish trade was hotly contested in the Anglo-American world throughout the nineteenth century. Politicians called for wars, navies were dispatched with guns at the ready, vessels were seized at sea, and violence erupted at sea. Yet, the battle over baitfish was not simply a diplomatic or political affair. Fishermen from hundreds of villages along the coastline of Atlantic Canada and New England played essential roles in the construction of legal authority that granted or denied access to these profitable bait fisheries. Fishing a Borderless Sea illustrates how everyday laborers created a complex system of environmental stewardship that enabled them to control the local resources while also allowing them access into the larger global economy.

Strange Things Done

Author : Ken S. Coates
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773571892
Total Pages : 224 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Strange Things Done by : Ken S. Coates

Download or read book Strange Things Done written by Ken S. Coates and published by McGill-Queen's Press - MQUP. This book was released on 2004-04-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Klondike lore is full of accounts of the exploits of Dangerous Dan McGrew, Sergeant Preston of the Mounted, and the Mad Trapper of Rat River. The stories vary from outright fabrications to northern fantasies and, on occasion, real-life accounts. Strange Things Done investigates a series of murders in the pre-World War II Yukon, exploring the boundaries between myths and historical events. The book seeks to understand both the specific events, carefully reconstructed from court evidence and police records, and the broader social and cultural context within which these violent deaths occurred. The murder case studies provide a unique and penetrating perspective on key aspects of Yukon history, such as Native-newcomer relations, mental illness and the folklore about cabin fever, the role of immigrants in northern society, violence in the gold fields, and the role of the police and courts in regulating social behaviour. The investigation of these capital cases also illustrates the fear and paranoia which gripped the territory in the aftermath of a murder, and the societys insistence on quick and retributive justice when offenders were caught and convicted. The Yukon experienced fewer murders than popular literature would suggest, and fewer than most would expect given the region's intense and dramatic history, but those that did occur illustrate the passions, frustrations, angers and human frailties that are present in all societies. The manner in which the murders occurred and the way in which Yukoners reacted also reveals specific and important aspects of territorial society.

The Grand Experiment

Author : Hamar Foster
Publisher : UBC Press
ISBN 13 : 0774858559
Total Pages : 416 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Grand Experiment by : Hamar Foster

Download or read book The Grand Experiment written by Hamar Foster and published by UBC Press. This book was released on 2009-07-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.

Canadian Books in Print. Author and Title Index

Author :
Publisher : University of Toronto Press
ISBN 13 :
Total Pages : 1610 pages
Book Rating : 4.8/5 (398 download)

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Book Synopsis Canadian Books in Print. Author and Title Index by :

Download or read book Canadian Books in Print. Author and Title Index written by and published by University of Toronto Press. This book was released on 1975 with total page 1610 pages. Available in PDF, EPUB and Kindle. Book excerpt:

People and Place

Author : Constance Backhouse
Publisher : UBC Press
ISBN 13 : 9780774810333
Total Pages : 260 pages
Book Rating : 4.8/5 (13 download)

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Book Synopsis People and Place by : Constance Backhouse

Download or read book People and Place written by Constance Backhouse and published by UBC Press. This book was released on 2003 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: People and Place demonstrates the fascinating ways in which personality and locale interact to shape the law, and how location influences legal cultural history. The essays, by a diverse array of scholars - including legal theorists, historians, and criminologists - examine law through the framework of history. They look at the lives of judges and lawyers, rape victims, prostitutes, religious sect leaders, and common criminals to explore how individuals or small groups have been able to make a difference in how law has been understood, applied, and interpreted. The essays allow readers to explore law's various meanings across communities and time and to develop a more profound awareness of the complexity of human society. Accessible to academics, students, and general readers interested in the formation of law within a social context, this collection offers a compelling perspective on the subtle relationship of people, place, and the law.

Past Futures

Author : Ged Martin
Publisher : University of Toronto Press
ISBN 13 : 144265886X
Total Pages : 332 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Past Futures by : Ged Martin

Download or read book Past Futures written by Ged Martin and published by University of Toronto Press. This book was released on 2004-12-15 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: By nature, human beings seek to make sense of their past. Paradoxically, true historical explanation is ultimately impossible. Historians never have complete evidence from the past, nor is their methodology rigorous enough to prove causal links. Although it cannot be proven that 'A caused B,' by redefining the agenda of historical discourse, scholars can locate events in time and place history once again at the heart of intellectual activity. In Past Futures, Ged Martin advocates examining the decisions that people take, most of which are not the result of a 'process,' but are reached intuitively. Subsequent rationalizations that constitute historical evidence simply mislead. All historians can do is to locate them in time, to explain not why a decision was taken, but why then? To illustrate, Martin asks a number of questions: What is a 'long time' in history? Are we close to the past or remote from it? Is democracy a recent experiment, or proof of our arrival at the end of a journey through time? Can we engage in a historical dialogue with the past without making clear our own ethical standpoints? Although explanation is ultimately impossible, humankind can make sense of its location in time through the concept of 'significance,' a device for highlighting events and aspects of the past. In so doing, Martin suggests a radical new approach to historical discourse.