Essays in the History of Canadian Law

Essays in the History of Canadian Law

Author: David H. Flaherty

Publisher: University of Toronto Press

Published: 2011-10-01

Total Pages: 613

ISBN-13: 1442613580

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This volume is the second in the Essays in the History of Canadian Law series, designed to illustrate the wide possibilities for research and writing in Canadian legal history. In combination, these volumes reflect the wide-ranging scope of legal history as an intellectual discipline andencourage others to pursue important avenues of inquiry on all aspects of our legal past. Topics include the role of civil courts in Upper Canada; legal education; political corruption;nineteenth-century Canadian rape law; the Toronto Police Court; the Kamloops outlaws and commissions of assize in nineteenth-century British Columbia; private rights and public purposes in Ontario waterways; the origins of workers' compensation in Ontario; and the evolution of the Ontario courts. Contributors include Brendan O'Brien, Peter N. Oliver, William N.T. Wylie, G. Blaine Baker, Paul Romney, Constance B. Backhouse, Paul Craven, Hamar Foster, Jamie Bendickson, R.C.B. Risk, and Margaret A. Banks.


The Death Penalty and Sex Murder in Canadian History

The Death Penalty and Sex Murder in Canadian History

Author: Carolyn Strange

Publisher: University of Toronto Press

Published: 2020-10-01

Total Pages: 382

ISBN-13: 1487538111

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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.


Patrician Families and the Making of Quebec

Patrician Families and the Making of Quebec

Author: Brian Young

Publisher: McGill-Queen's Press - MQUP

Published: 2014-10-01

Total Pages: 505

ISBN-13: 077359664X

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History has often ignored the influence in modern Quebec of family dynasties, patriarchy, seigneurial land, and traditional institutions. Following the ascent of four generations from two families through eighteenth-century New France to the onset of the First World War, Patrician Families and the Making of Quebec compares the French Catholic Taschereaus and the Anglican and English-speaking McCords. Consulting private, institutional, and legal archives, Brian Young studies eight family patriarchs. Working as merchants or colonial administrators in the first generation, they became seigneurial proprietors, officeholders, and prelates. The heads of both families used marriage arrangements, land stewardship, and judgeships to position their heirs. Young shows how patriarchy was a central force in both domestic and public life, as well as the ways in which Taschereau and McCord family strategies extended into the marrow of Quebec society through moral authority, influence on national identities, and their positions within senior offices in religious, judicial, and university institutions. Through courthouses, cemeteries, belfries, and their own chapels and neoclassical estates, they created encompassing cultural landscapes. Later generations used museums, archives, historian collaborators, photography, and modern print to elevate family achievement to the status of heroic national narratives. Sagas of the monied and entrepreneurial, nationalist imperatives to protect a vulnerable people, and skepticism about the lasting power of great families and historical institutions have relegated the influence of the Taschereaus and McCords to obscurity. Patrician Families and the Making of Quebec resuscitates the central role these elite families played in English and French Quebec.