Brian Dickson

Author: Robert J. Sharpe
Publisher: University of Toronto Press
ISBN: 0802089526
Release Date: 2003
Genre: Biography & Autobiography

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.

The Last Day The Last Hour

Author: Robert J. Sharpe
Publisher: University of Toronto Press
ISBN: 9781442697256
Release Date: 2009-09-26
Genre: History

On 11 November 1918, the last day of the Great War, the Canadian Corps, led by Sir Arthur Currie, liberated Mons after four years of German occupation. The push to Mons in the last days and weeks of the war had cost many lives. Long after the war, Currie was blamed by many for needlessly wasting those lives. When the Port Hope Evening Guide published an editorial in 1927 repeating this charge, Currie was incensed. Against the advice of his friends, he decided to sue for libel and retained W.N. Tilley, Q.C., the leading lawyer of the day, to plead his case. First published in 1988, The Last Day, the Last Hour reconstructs the events - military and legal - that led to the trial and the trial itself, one of the most sensational courtroom battles in Canadian history, involving many prominent legal, military and political figures of the 1920s. Now back in print with a new preface by the author, judge and legal scholar Robert J. Sharpe, The Last Day, the Last Hour remains the definitive account of a landmark legal case.

Essays in the History of Canadian Law

Author: J. Phillips
Publisher: University of Toronto Press
ISBN: 9781442693203
Release Date: 2008-09-18
Genre: Law

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

Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 9780774823500
Release Date: 2013
Genre: Law

"As Canada's final court of appeal, the Supreme Court is a crucial component of the country's legal system. Yet, for much of its almost 140-year history, the highest court in the land dwelled in relative obscurity. More than thirty years since the advent of the Charter of Rights and Freedoms, which transformed the court's function and thrust its work into the national spotlight, many of us are still in the dark about the Supreme Court's role--in part because there has been relatively little empirical investigation into how the institution works. In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed 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 its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public. 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"--Provided by publisher.

Good Judgment

Author: Robert Sharpe
Publisher: Osgoode Society for Canadian L
ISBN: 1487522436
Release Date: 2018-09-23
Genre: Law

The central theme of the book is an explanation and reconciliation of two fundamental features of judging: the law leaves room for judicial choice but the law also imposes discipline on those choices.

Canadian maverick

Author: William Kaplan
Publisher: Univ of Toronto Pr
ISBN: STANFORD:36105134492201
Release Date: 2009-10-17
Genre: Biography & Autobiography

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

Author: Osgoode Society for Canadian Legal History
Publisher: University of Toronto Press
ISBN: 0802085822
Release Date: 2002
Genre: Biography & Autobiography

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.

The Persons Case

Author: Robert J. Sharpe
Publisher: University of Toronto Press
ISBN: 9781487516932
Release Date: 2017-06-22
Genre: Law

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.

Borderline Crime

Author: Bradley Miller
Publisher: University of Toronto Press
ISBN: 9781487501273
Release Date: 2016
Genre: History

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.

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

Author: Jim Phillips
Publisher: University of Toronto Press
ISBN: 0802099114
Release Date: 2008-09-15
Genre: History

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.

Bora Laskin

Author: Philip Girard
Publisher: University of Toronto Press
ISBN: 9781442616882
Release Date: 2015-01-15
Genre: Law

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 Lazier Murder

Author: Robert J. Sharpe
Publisher: University of Toronto Press
ISBN: 9781442693449
Release Date: 2012-10-26
Genre: Law

In December 1883, Peter Lazier was shot in the heart during a bungled robbery at a Prince Edward County farmhouse. Three local men, pleading innocence from start to finish, were arrested and charged with his murder. Two of them — Joseph Thomset and David Lowder — were sentenced to death by a jury of local citizens the following May. Nevertheless, appalled community members believed at least one of them to be innocent — even pleading with prime minister John A. Macdonald to spare them from the gallows. The Lazier Murder explores a community's response to a crime, as well as the realization that it may have contributed to a miscarriage of justice. Robert J. Sharpe reconstructs and contextualizes the case using archival and contemporary newspaper accounts. The Lazier Murder provides an insightful look at the changing pattern of criminal justice in nineteenth-century Canada, and the enduring problem of wrongful convictions.

Justice Bertha Wilson

Author: Kim Brooks
Publisher: UBC Press
ISBN: 9780774859141
Release Date: 2010-07-01
Genre: Law

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.