Canada's Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada's legal pasts—and why we study them.
Telling new stories—about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more—this book presents the vibrant evolution of Canada's legal tradition. Explorations of primary sources, including provincial archival records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada's most marginalized people, show the many different ways of researching and understanding legal history.
This is Canadian legal history as you've never seen it before. Canada's Legal Pasts dives into new topics in Canada's fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in collection essential for researchers at all levels.
Table of Contents
|Half Title Page||2|
|Full Title Page||4|
|FOREWORD - A Student’s Take on Canada’s Legal Pasts||10|
|INTRODUCTION | Canada’s Legal Pasts: Looking Forward, Looking Back||12|
|SECTION I - ILLUMINATING CASES||20|
|1 | Family Defamation in the Quebec Civil Courts: The View from the Archives||22|
|2 | Writing Penitentiary History||42|
|3 | Analyzing Bigamy Cases without Going to the Archives: It is Possible||48|
|4 | Trial Pamphlets and Newspaper Accounts||56|
|5 | The Last Voyage of the Frederick Gerring, Jr.||62|
|6 | The Text Book Edition of James Kent’s Commentaries Used in Canada v. Gerring||94|
|SECTION II - EXPLORING SYSTEMS||112|
|7 | Empire’s Law: Archives and the Judicial Committee of the Privy Council||114|
|8 | Practising Law in the “Lawyerless” Colony of New France||126|
|9 | Poursuivre son mari en justice : femmes mariées et coutume de Paris devant la Cour du banc du roi de Montréal (1795-1830)||160|
|10 | Getting Their Man: The NWMP as Accused in the Territorial Criminal Court in the Canadian North-West,1876–1903||190|
|SECTION III - WRITING LEGAL HISTORY: PAST, PRESENT, AND FUTURE||250|
|11 | Sex Discrimination in Canadian Law: From Equal Citizenship to Human Rights Law||252|
|12 | Legal-Historical Writing for the Canadian Prairies: Past, Present, Future||282|
|Secondary Source Bibliography||330|