Brian Dickson

A Judge's Journey

Author: Robert J. Sharpe,Kent Roach,Osgoode Society for Canadian Legal History

Publisher: University of Toronto Press

ISBN: 9780802089526

Category: Biography & Autobiography

Page: 576

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Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period.

Good Judgment

Making Judicial Decisions

Author: Robert J. Sharpe

Publisher: University of Toronto Press

ISBN: 1487517009

Category: Law

Page: 352

View: 2857

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Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Essays in the History of Canadian Law: A tribute to Peter N. Oliver

Author: David H. Flaherty

Publisher: University of Toronto Press

ISBN: 0802099114

Category: History

Page: 480

View: 7868

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Covering a broad range of topics, this volume examines developments over the last two hundred years in the legal profession and the judiciary, nineteenth-century prison history, as well as the impact of the 1815 Treaty of Paris.

Essays in the History of Canadian Law

A Tribute to Peter N. Oliver

Author: J. Phillips,R. Roy McMurtry,John T. Saywell

Publisher: University of Toronto Press

ISBN: 1442693207

Category: Law

Page: 480

View: 728

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Written to honour the life and work of the late Peter N. Oliver, the distinguished historian and editor-in-chief of the Osgoode Society for Canadian Legal History from 1979-2006, this collection assembles the finest legal scholars to reflect on the issues in and development of the field of legal history in Canada. Covering a broad range of topics, this volume examines developments over the last two hundred years in the legal profession and the judiciary, nineteenth-century prison history, as well as the impact of the 1815 Treaty of Paris. The introduction also provides insight into the history of the Osgoode Society and of Oliver's essential role in it, along with an illuminating analysis of the Society's publications program, which produced sixty-six books during his tenure. A fitting tribute to one of the foremost legal historians, this tenth volume of Essays in the History of Canadian Law is a significant contribution to the discipline to which Oliver devoted so much.

Governing from the Bench

The Supreme Court of Canada and the Judicial Role

Author: Emmett Macfarlane

Publisher: UBC Press

ISBN: 0774823534

Category: Law

Page: 264

View: 5962

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In Governing from the Bench, Emmett Macfarlane demystifies the inner workings of the Supreme Court of Canada. Drawing on interviews with current and former justices, law clerks, and other staff members of the court, Macfarlane sheds light on the institution's internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in a broader governmental and societal context. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.

Justice Bertha Wilson

One Woman’s Difference

Author: Kim Brooks

Publisher: UBC Press

ISBN: 0774859148

Category: Law

Page: 688

View: 1753

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Bertha Wilson's appointment to the Supreme Court of Canada in 1982 capped off a career of firsts. Wilson had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her career and passing in 2007 provoked reflection on her contributions to Canadian society and raised the question, what difference do women judges make? Justice Bertha Wilson examines Wilson's career through three distinct frames � foundations, controversy, and reflections � and a wide range of feminist perspectives. Taken together, these provocative essays paint an intriguing portrait of a complex, controversial woman who made a deep impression on the Canadian legal landscape.

The Persons Case

The Origins and Legacy of the Fight for Legal Personhood

Author: Robert J. Sharpe,Patricia I. McMahon

Publisher: University of Toronto Press

ISBN: 1487516932

Category: Law

Page: 272

View: 7349

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On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

Essays in the History of Canadian Law

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 3259

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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 as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Canadian maverick

the life and times of Ivan C. Rand

Author: William Kaplan,Osgoode Society for Canadian Legal History

Publisher: Univ of Toronto Pr

ISBN: N.A

Category: Biography & Autobiography

Page: 510

View: 4973

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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 Canadian judges, lawyers, and law students.Kaplan's rigorous study encompasses Rand's legal contributions, his pivotal role in the creation of the State of Israel, and his position as founding dean of the University of Western Ontario's Faculty of Law. An absorbing account of a complex and sometimes contradictory figure, Canadian Maverick draws a compelling portrait of one of Canada's most influential legal minds.

Judging Bertha Wilson

Law as Large as Life

Author: Osgoode Society for Canadian Legal History,Ellen Anderson

Publisher: University of Toronto Press

ISBN: 9780802085825

Category: Biography & Autobiography

Page: 530

View: 7008

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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 jurisprudence are many and well-known. Lesser known are her early days in Scotland and her work as a minister's wife or her post-judicial work on gender equality for the Canadian Bar Association and her contributions to the Royal Commission on Aboriginal Peoples. Through a scrupulous survey of Wilson's judgements, memos, and academic writings (many as yet unpublished), Ellen Anderson shows how Wilson's life and the law were seamlessly integrated in her persistent commitment to a stance of principled contextuality. This stance has had an enduring effect on the evolution of Canadian law and cultural history. Supported with the warmth and generosity of Wilson's numerous personal anecdotes, this work illuminates the life and throught of a woman who has left an extraordinary mark on Canada's legal landscape.

Borderline Crime

Fugitive Criminals and the Challenge of the Border, 1819-1914

Author: Bradley Miller

Publisher: University of Toronto Press

ISBN: 1487501277

Category: History

Page: 280

View: 3727

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Borderline Crime examines how law reacted to the challenge of the border in British North America and post-Confederation Canada.Miller also reveals how the law remained confused, amorphous, and often ineffectual at confronting the threat of the border to the rule of law.

The Supreme Court of Canada

History of the Institution

Author: James G. Snell,Frederick Vaughan,Osgoode Society

Publisher: University of Toronto Press

ISBN: 9780802034182

Category: Political Science

Page: 319

View: 9564

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The Alberta Supreme Court at 100

History & Authority

Author: Jonathan Scott Swainger

Publisher: Michigan State University Press

ISBN: N.A

Category: History

Page: 366

View: 6849

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This volume marks the 2007 centenary of the Supreme Court of Alberta. These essays examine the extent to which the Court articulated an Albertan response to the varied legal questions of the past century. Canvassing the Court’s jurisprudential history, the volume includes thematic essays examining First Nations’ hunting rights, oil and gas law, water law, gender, the Hutterites and religious freedom, and family law. Additional essays detail the court’s history through its early personnel, the World War I crisis over the court’s independence, and the question of whether the court voiced an Albertan take on the constitution. What emerges is not the image of a maverick judiciary, but rather a court that pursued legal principles that would stand anywhere in the nation.

Bora Laskin

Bringing Law to Life

Author: Philip Girard

Publisher: University of Toronto Press

ISBN: 1442616881

Category: Law

Page: 690

View: 8990

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In any account of twentieth-century Canadian law, Bora Laskin (1912-1984) looms large. 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 (1965) and later Chief Justice of Canada (1973-1984). Throughout his professional career, 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 modern Canadian expectations of justice and fundamental rights. In Bora Laskin: Bringing Law to Life, Philip Girard chronicles the life of a man who, at all points of his life, was a fighter for a better Canada: he fought antisemitism, corporate capital, omnipotent university boards, the Law Society of Upper Canada, and his own judicial colleagues in an effort to modernize institutions and re-shape Canadian law. Girard exploits a wealth of previously untapped archival sources to provide, in vivid detail, a critical assessment of a restless man on an important mission.

The Charter of Rights and Freedoms

Author: Robert J. Sharpe,Kent Roach,Katherine Swinton

Publisher: N.A

ISBN: 9781552210635

Category: Civil rights

Page: 348

View: 1147

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"In Theory of Class Actions, Craig Jones provides a complete and comprehensive defence of the use of the class action for the resolution of mass tort claims. He explodes several popular myths regarding class actions including the notions that they infringe on litigative autonomy, they "blackmail" defendants, they pay too much to lawyers, and they are only effective for numerous, low-value claims.

The 9/11 Effect

Comparative Counter-Terrorism

Author: Kent Roach

Publisher: Cambridge University Press

ISBN: 1139501380

Category: Law

Page: N.A

View: 9113

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This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.