History of Law in Canada, Volume Two

Jim Phillips is a professor emeritus of law and history at the University of Toronto.Philip Girard is a professor of law at Osgoode Hall Law School at York University.R. Blake Brown is a professor of history at Saint Mary’s University.

• Foreword Acknowledgments 1. IntroductionPart One: The Law and Legal Institutions2. The Constitution: Confederation, The British North America Act, and Post-1867 DevelopmentsThe Making of Confederation. A Very Brief Survey The BNA Act: The SenateThe BNA Act: The Division of PowersThe BNA Act: The Judiciary ProvisionsThe BNA Act: DisallowanceA Constitution Similar in Principle: Canadianizing the Crown?The Meaning of Dominion: Imperial and International QuestionsExtending Confederation: British Columbia, Prince Edward Island, Alberta, Saskatchewan, and the NorthThe Courts and the Remaking of the Division of Powers The Demise of Disallowance in the Era of Provincial Rights 3. Creating and Staffing the Dominion Court SystemEstablishing and Integrating Court Systems in the WestThe Founding and Early Decades of the Supreme Court of CanadaProvincial Courts of AppealThe Fusion of Common Law and EquityProfessional County and District CourtsLower Courts and Specialised Courts Judicial Numbers and RemunerationJudicial AppointmentsPublic Perceptions of the Judiciary and Judicial Scandals4. Sources of Law: Statutes, Codes, and Case LawFederal and Provincial Statutory RevisionsFederal and Provincial Statutes: Cross-Border BorrowingsCase LawThe Civil Code of Lower CanadaThe Civil Code: Structure and ScopeThe Civil Code: Reform and Amendment5. The Civil Law: A Mixed Legal System in Confederation    Family LawObligationsEmployers’ Liability for Workplace InjuriesProperty6. The Legal Professions, Legal Education, and Legal LiteratureThe Emergence of the "Large" Law FirmLawyers and Business PracticesUniversity Legal EducationLegal Literature Professional Governance: The "Canadian Model" EstablishedTowards Diversity?Part Two: Indigenous Peoples and Dominion Law 7. Canadian Law and Indigenous Peoples I: The Métis, the Numbered Treaties, British Columbia, and The RebellionThe Métis, the Red River Resistance, and the Founding of ManitobaThe Numbered Treaties, 1871–1907British Columbia: Federal-Provincial Disputes over Indigenous TitleThe 1885 Rebellion and the Criminal LawThe Trial and Execution of Louis Riel8. Canadian Law and Indigenous Peoples II: The Indian Act, the Reserve System, and AssimilationEnfranchisementThe Law and Practice of Reserve ProtectionExternal and Internal Governance of Indigenous ReservesThe Criminalization of Cultural and Religious Practices9. Canadian Law and Indigenous Peoples III: The Origins and Expansion of the Residential School SystemThe School System for Indigenous People, 1867–1883The Origins and Growth of the Residential School System to 1900The Operation of Residential SchoolsWhy Were Residential Schools Not Abolished or Drastically Reformed?10. Indigenous Law and European Law: Adaptation, Resistance, AvoidanceThe GitxsanKahnawà:keThe Six Nations The MétisMarriagePart Three: Areas of Law 11. Law and the Economy: Corporate and Commercial LawCorporation Law: General Incorporation  Corporation Law: Special Act IncorporationsDebtor-Creditor Law: Imprisonment for Debt, Bankruptcy, and InsolvencyThe Regulatory State: Banking, Mining, Railways12. Criminal Justice: Criminal Law, Criminal Procedure, and PunishmentMaking a National Criminal LawCriminal Procedure: Introduction and the Northwest TerritoriesCriminal Procedure: The Decline of Juries Criminal Procedure: Trial and Appeal RightsImprisonment: The Federal Penitentiary SystemCapital Punishment GeneralCapital Punishment: Women and Indigenous Peoples13. Labour and Employment LawEmployment Law: Master and ServantLabour Law: Trade Unions and Workplace Dispute ResolutionState Intervention in Labour Law: Arbitration and ConciliationWorkplace Health and SafetyCompensation for Workplace Injuries14. Property LawMétis Land Rights in ManitobaHomestead Settlements: The Canada Land Survey, the Dominion Lands Act, andProvincial Homestead LawsTitle Registration: The Torrens SystemResolving the Prince Edward Island Land QuestionExpropriationLand Use Planning and Regulation: Public and Private LawNuisance: The Shifting Boundary between Public and Private LawSuccession LawPart 4: Less Favoured by Law15. Women, the Family, and the LawMarried Women’s Property in Common Law ProvincesDivorce Law, Divorce Courts and the Sanctity of MarriageParliamentary DivorceChild Custody in Common Law Provinces16: Civil Rights and MinoritiesThe Chinese and Japanese in British Columbia: Discriminatory Legislation,International Relations, and the Courts and the Rule of LawProvincial and Federal Asian Exclusion ActsAnti-Chinese Legislation in Other Provinces: White Women’s Labour LawsSouth Asians: Indirect Exclusion and the EmpireBlack CanadiansRekindling an Old Fire: Religious and Linguistic Minorities17. ConclusionAbbreviations Notes Index