A History of Law in Canada, Volume One

A History of Law in Canada, Volume One

Author: Philip Girard

Publisher: University of Toronto Press

Published: 2018-12-21

Total Pages: 928

ISBN-13: 1487530595

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A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.


The Federal Court of Appeal and the Federal Court

The Federal Court of Appeal and the Federal Court

Author: Martine Valois

Publisher: Irwin Law

Published: 2021-10

Total Pages:

ISBN-13: 9781552215470

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The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.


Canada's Trial Courts

Canada's Trial Courts

Author: Peter H. Russell

Publisher: University of Toronto Press

Published: 2007-01-01

Total Pages: 297

ISBN-13: 080209323X

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One of the most important but least examined aspects of the Canadian judicial system is the dual structure of civil and criminal trial courts. Canada's Trial Courts examines the co-existence, in every province, of superior courts (presided over by federally appointed judges) and 'lower' courts (staffed by provincially appointed judges). Combining both political and legal analysis, this is the first book to provide an in depth study of the evolution and operation of Canada's trial courts. This collection of essays begins with an exploration of the constitutional origins of Canada's integrated court system and the failure of federal and provincial governments to cooperate in its development. Following are discussions of a number of contemporary reform projects in various jurisdictions, including Quebec, Nova Scotia, Alberta, and Nunavut, as well as examinations of competing visions of how Canada's trial courts should be organized in the future. To put the issue in a comparative perspective, the concluding section provides examples of how trial courts have been restructured in the United Kingdom and the state of California. Proposing a range of practical alternatives to the present system, the volume offers a ground-breaking legal analysis that addresses constitutional obstacles to trial court reform, and assesses the political factors that influence reform at the judicial level. Featuring distinguished contributors from a variety of disciplinary backgrounds, Canada's Trial Courts offers a comprehensive and up-to-date examination of an important but neglected issue that ultimately has a profound impact on the quality of justice that Canadians experience.


The Supreme Court on Trial

The Supreme Court on Trial

Author: Kent Roach

Publisher:

Published: 2001

Total Pages: 372

ISBN-13:

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This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?


Canadian Courts

Canadian Courts

Author: Lori Hausegger

Publisher:

Published: 2015

Total Pages: 457

ISBN-13: 9780199002498

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This comprehensive introduction to the contemporary Canadian judicial process and its relationship to law and politics engages students in key concepts, theories, and debates. Fully updated to reflect recent changes in Canadian law and politics, Canadian Courts is the most current resourceavailable on the subject.


Brian Dickson

Brian Dickson

Author: Robert J. Sharpe

Publisher: University of Toronto Press

Published: 2003-01-01

Total Pages: 636

ISBN-13: 9780802089526

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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.


Proportionality in Action

Proportionality in Action

Author: Mordechai Kremnitzer

Publisher: Cambridge University Press

Published: 2020-04-30

Total Pages: 689

ISBN-13: 1108497586

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A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.


Ethical Principles for Judges

Ethical Principles for Judges

Author: Canadian Judicial Council

Publisher:

Published: 2021

Total Pages: 0

ISBN-13:

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As the Canadian Judicial Council marks its 50th anniversary of service to Canadians, it is timely that we have revised and modernized Ethical Principles for Judges. From their first publication in 1998, these principles have laid out the ethical frame of reference to which all judges aspire: judicial independence, integrity and respect, diligence and competence, equality and impartiality.