Osgoode Society for Canadian Legal History – serie

Until this century, married women had no legal right to hold, use, or dispose of property. Since the ownership of property is a critical measure of social status, the married women's property acts of the nineteenth century were important landmarks in the legal emancipation of women. Reform campaigns represented the first organized attempts by women in Upper Canada to challenge their status in society. Ironically, emancipation was not the first goal of reformers: their demands reflected a concern with protection from economic instability. The laws granting women new rights and privileges were designed to force men to behave more responsibly and to mitigate the worst hardships imposed upon wives by abusive or negligent husbands.The most detailed and complete account of married women's property law reform yet written for any North American jurisdiction, this fascinating study will be of interest to those in the areas of law, women's studies, and nineteenth-century social history.

John Beverley Robinson (1791–1863) was one of Upper Canada’s foremost jurists, a dominating influence on the ruling Élite, and a leading citizen of nineteenth-century Toronto who owned a vast tract of land on which Osgoode Hall now stands.The loyalists had founded a colony firm in its devotion to the Crown, with little room for dissent. As a true loyalist son, educated by John Strachan, Robinson attempted to steer Upper Canada toward emulation of what he perceived to be Britain’s ideal aristocratic society.As a young ensign in the York militia, he defended his sovereign at Queenston Heights, and as acting attorney-general he prosecuted traitors who threatened to undermine the colony. Later, as attorney-general and de facto leader of the assembly during the 1820s, he tried to mould the government to the British form. But factors he never understood-the influence of American democracy and liberalism in the Colonial Office-ensured that Upper Canada would never be a ‘new Albion.’Robinson was appointed chief justice in 1829, and his judicial career spanned thirty-three years, during which he insisted the courts were subservient to the legislature and established precedents declaring their role should be limited to the enforcement of existing laws, with no independent creative function. His long service on the bench represented both a preservation and a strengthening of the British tradition in Canadian law.In this biography, early Toronto comes alive through the eyes of a powerful man-firm in his beliefs, attractive to women, respected by his fellows-who sought to mould society to his own ideals. For historians, lawyers, and students of jurisprudence who seek an understanding of the roots of legal practice in nineteenth-century Ontario, it is essential reading.

Few people have had a greater impact on the lives of Canadians than the late Supreme Court judge Justice Emmett Hall. At the forefront of several important judgements in the 1960s and 70s – such as Truscott and Calder – Hall is perhaps best known for his role in the adoption of universal health care at the federal level in 1968. Based on extensive interviews with Hall and people who knew him, Frederick Vaughan's Aggressive in Pursuit tells Hall's remarkable story.Born in Quebec in 1898 and raised in Saskatchewan, Hall had a long and distinguished career as a lawyer. In 1957, former law school classmate Prime Minister John Diefenbaker appointed Hall to the Saskatchewan Court of Queen's Bench, and four years later to the office of Chief Justice of Saskatchewan. In 1963, Diefenbaker elevated Hall to the Supreme Court of Canada, where he took up the task of universal health care and showed himself to be an aggressive defender of native causes.Aggressive in Pursuit traces Hall's career from his earliest days of private practice in Saskatchewan to the end of his career, and death, in 1994. It shows how one prairie lawyer made a difference in the life of Canada.

Until this century, married women had no legal right to hold, use, or dispose of property. Since the ownership of property is a critical measure of social status, the married women's property acts of the nineteenth century were important landmarks in the legal emancipation of women. Reform campaigns represented the first organized attempts by women in Upper Canada to challenge their status in society. Ironically, emancipation was not the first goal of reformers: their demands reflected a concern with protection from economic instability. The laws granting women new rights and privileges were designed to force men to behave more responsibly and to mitigate the worst hardships imposed upon wives by abusive or negligent husbands.The most detailed and complete account of married women's property law reform yet written for any North American jurisdiction, this fascinating study will be of interest to those in the areas of law, women's studies, and nineteenth-century social history.

]State trials reveal much about a nation's insecurities and shed light on important themes in political, constitutional, and legal history. In Canada, perceived and real threats to the state have ranged from dissent, disaffection, and the emergence of threatening ideologies to insurrection, riot, violent protest, and military invasion. The Canadian State Trials series will explore the role of the law in regulating such threats, from the period of early European settlement to 1971.The first volume and the planned series as a whole present a great deal of new material by prominent Canadian historians and legal scholars. Although certain Canadian political trials and security crises have received scholarly attention in the past, there has never been a comprehensive and systematic examination of the country's surprisingly rich record in this area. The eighteen essays in Volume I examine this record for the period 1608-1837, covering proceedings in New France, the four Atlantic colonies, the Old Province of Quebec, and the two Canadas. They highlight security law during the American revolution, the wars against revolutionary/Napoleonic France, and the War of 1812; comparative treason law; and the trials of David McLane, Robert  Gourlay, Francis Collins, and Joseph Howe, among others. The essays, which extensive use of primary sources (the most illuminating of which appear in a documentary appendix), place the examination of the law and its administration during these events in socio-political and comparative context.

This is the history of the foundations of modern carceral institutions in Ontario. Drawing on a wide range of previously unexplored primary material – including the papers of prison inspectors and officials and the correspondence of those who wrote to the authorities – Peter Oliver provides a narrative and interpretative account of the penal system in nineteenth-century Ontario.In a century of massive social change, the penal system remained rural, local, decentralized, and resistant to transformations that were affecting other areas of society. Despite the efforts of reformers, neither the political elites nor Ontarians in general paid much attention to the inadequacies of a system plagued by neglect, penny-pinching, and the vagaries of local control. In the 1830s, the Kingston penitentiary and punishment by incarceration became the cornerstones of the system, and these elements, however flawed, dominated the Ontario correctional system until the late twentieth century.'Terror to Evil-Doers' focuses on the purposes and internal management of particular institutions. By synthesizing a wealth of new material into a comprehensive framework, Oliver's seminal study lays the groundwork for future students and scholars of Canadian history, criminology, and sociology.

In 1921, despite the passing of legislation intended to ease the consequences of illegitimacy for children (Children of Unmarried Parents Act), reformers in Ontario made no effort to improve the status of unwed mothers. Furthermore, the reforms that were passed served as models for legislation in other provinces and even in some American states, institutionalizing, in essence, the prejudices evident throughout. Until now, historians have not sufficiently studied these measures, resulting in the marginalization of unwed mothers as historical subjects. In Misconceptions, Lori Chambers seeks to redress this oversight.By way of analysis and careful critique, Chambers shows that the solutions to unwed pregnancy promoted in the reforms of 1921 were themselves based upon misconceptions. The book also explores the experiences of unwed mothers who were subjected to the legislation of the time, thus shedding an invaluable light on these formerly ignored subjects. Ultimately, Misconceptions argues that child welfare measures which simultaneously seek to rescue children and punish errant women will not, and cannot, succeed in alleviating child or maternal poverty.

Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today.Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada.The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society.Winner of the Joseph Brant Award, presented by the Ontario Historical Society

J.L. Cohen, one of the first specialists in labour law and an architect of the Canadian industrial relations system, was a formidable advocate in the 1930s and 1940s on behalf of working people. A 'radical lawyer' in the tradition of the great American counsel Clarence Darrow or contemporary advocate Thomas Berger who represent the less powerful and seek to reform society and to protect civil liberties, Cohen was also a 'labour intellectual' in Canada, similar to those supporting Roosevelt's New Deal in the United States. He wrote Collective Bargaining in Canada, served on the National War Labour Board during the war, and advised the Ontario government about policy issues such as mothers' allowances, unemployment insurance legislation, and labour law. As a Marxist and a Jewish immigrant, his commitment to the labour movement resulted in part from his background and was deepened by his experience of the 1930s Depression. His was an unusual perspective for a middle class professional, and his ethnic origins and his political views subjected him to discrimination. Though respected professionally, he made enemies. At the end of the war, Cohen was convicted of a criminal charge, was disbarred and later reinstated, and died suddenly in 1950 at the age of fifty-three. Though he rose to the top of his profession, he had a difficult, complex private life that contributed to his personal disgrace and professional downfall. His obituary in the Globe and Mail described him as a dynamic, sharp-witted man who rose from humble beginnings to become the most influential labour lawyer in Canada, and it concluded with what may be a fitting epitaph, 'He championed all the wrong people in all the right things.'

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 thought of a woman who has left an extraordinary mark on Canada's legal landscape.

Jerry Bannister's The Rule of the Admirals examines governance in Newfoundland from the rule of the fishing admirals in 1699 to the establishment of representative government in 1832. It offers the first in-depth account of the rise and fall of the system of naval government that dominated the island for more than a century.In this provocative look at legal culture in eighteenth- and nineteenth-century Newfoundland, Bannister explores three topics in detail: naval government in St. John's, surrogate courts in the outports, and patterns in the administration of law. He challenges the conventional view that early Newfoundland was a lawless frontier isolated from the rest of the Atlantic world, and argues that an effective system of naval government emerged to meet the needs of those in power.An original and perceptive work, Bannister's argument demands that we reconsider much of our knowledge of early Newfoundland history. As he re-examines governance prior to an elected assembly and places his analysis firmly within the material conditions of Newfoundland society, Bannister provides a groundbreaking reinterpretation of a critical period in the island's colonial development. Ultimately, The Rule of the Admirals sheds light on one of the most misunderstood chapters in Canadian and British colonial history.

In 1791 when the Constitutional Act created a legislative assembly for Upper Canada, the colonists and their British rulers decreed that the operating criminal justice system in the area be adopted from England, to avoid any undue influence from the nearby United States. In this new study of early Canadian law, David Murray has delved into the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the nineteenth century.Murray explores how far local characteristics affected the operation of a criminal justice system transplanted from England; his analysis includes how legal processes affected Upper Canadian morality, the treatment of the insane, welfare cases, crimes committed in the district, and an examination of the roles of the Niagara magistrates, constables, and juries. Murray concludes by arguing that while the principles and culture of British justice were firmly implanted in the Niagara district, this did not prevent justice from being unequal, especially for women and visible minorities. Integrating the stories of the individuals caught up in the legal system, Murray explores law from a local perspective, and illuminates how the Niagara region's criminal justice system operated under hybrid influences from both Britain and the United States.

When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern.Brian Dickson played a leading role in this transformation. 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. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.

This study of the Manitoba judiciary is not only the first biographical history to examine an entire provincial bench, it is also one of the first studies to offer an internal view of the political nature of the judicial appointment process. Dale Brawn has penned the biographies of the first thirty-three men appointed to Manitoba's Court of Queen's Bench. The relative youth of Manitoba as a province and the small size of its legal profession makes possible an exceptionally detailed investigation of the background of those appointed to the province's highest trial court.The biographical data that Brawn has collected for this book highlights the extent to which judicial candidates underwent a socialization process designed to produce a legal elite whose members shared remarkably similar views and ways of thinking. In addition, these biographies suggest that until at least 1950, seats on provincial benches were rewards for political services rendered. Many lawyers became judges not because of their legal ability, but because they had made themselves known in the communities in which they practiced. This fascinating study offers an intimate look at personalities ranging from prime ministers to members of the bench and both senior levels of government.

In 1880 the federal Parliament of Canada repealed the Insolvent Act of 1875, leaving debtor-creditor matters to be regulated by the provinces. Almost forty years later, Parliament finally passed new bankruptcy legislation, recognizing that what was once considered a moral evil had become a commercial necessity. In Ruin and Redemption, Thomas G.W. Telfer analyses the ideas, interests, and institutions that shaped the evolution of Canadian bankruptcy law in this era. Examining the vigorous public debates over the idea of bankruptcy, Telfer argues that the law was shaped by conflict over the morality of release from debts and by the divergence of interests between local and distant creditors. Ruin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, thus making it an important contribution to the study of Canada’s commercial law.

This volume in the Osgoode Society's distinguished series on the history of Canadian law is a collection of the principal essays of Professor Emeritus R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority on the history of Canadian legal thought.Frank Scott, Bora Laskin, W.P.M. Kennedy, John Willis and Edward Blake are among the better known figures whose thinking and writing about law are featured in this collection. But this compilation of the most important essays by a pioneer in Canadian legal history brings to light many other lesser known figures as well, whose writings covered a wide range of topics, from estoppel to the British North America Act to the purpose of legal education. Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate.

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries.Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.

After Soviet cipher clerk Igor Gouzenko defected in 1945, Canada was shocked by the revelation that its own citizens were engaged in espionage for the Soviet Union. P.S. Burn After Reading explores how the Canadian government used the controversial Kellock-Taschereau Commission – sometimes judiciously, sometimes not – to uncover and thwart domestic spies during the early days of the Cold War. Drawing on a wealth of sources, including the Commission’s extensive records, GRU documents turned over by Gouzenko, American Venona decrypts, Soviet KGB archives, and newly released British MI5 and MI6 files, authors Reinhold Kramer and Tom Mitchell provide a comprehensive account of the crisis. They reveal that, despite some civil liberties missteps, the government’s suspicions were largely justified. The book weaves together the evidence against the spies, the tradecraft of Soviet espionage, complex legal challenges faced by the state, and the political fallout. With access to hundreds of newly released British intelligence files, P.S. Burn After Reading offers both specialists and general readers fresh insights into the espionage crisis of 1945–46 and the pivotal role it played in exposing Canada’s postwar security and intelligence vulnerabilities.

In late nineteenth-century Canada, the life insurance industry expanded impressively, offering policy-holders a greater sense of security. However, insurance fraud quickly followed in the footsteps of this boom, with murder sometimes being a deadly outcome. Making a Killing examines six legal cases in 1890s Ontario, where the Crown alleged that the accused had resorted to committing murder to obtain life insurance payouts. The scenarios varied widely, from a staged logging accident to conceal a murder, to a farmer’s wife who allegedly sought to collect the insurance on her husband by putting arsenic in the rhubarb she fed him. Newspapers eagerly reported these and other sensational crimes. Whether farmers or city dwellers, prosperous or poor, all the alleged perpetrators latched onto the quick money promised by the murder of an insured person. Legal historian Ian Radforth mines legal records and newspaper reports to reconstruct these alleged insurance murders and situate them in their Victorian contexts. Together, the fascinating cases reveal how insurance fraud emerged as a prominent public concern in Ontario and beyond.

In the Courts: A Counsel’s Memoir depicts the distinguished life and career of Earl A. Cherniak, K.C., one of Canada’s leading advocates, spanning more than six decades – from 1960 to 2026. Cherniak has been formative to the development of advocacy in Canada’s court systems and is a renowned expert in commercial arbitration and dispute resolution. In this memoir, he reflects on his lifelong association with the firm Lerners, offering a rare glimpse into the life of an advocate in Canadian courts and tribunals. He traces his early years in practice, including clerking for Chief Justice McRuer and appearing in his first Supreme Court of Canada appeals, and explores the transformation of Canadian personal injury and fatal accident damage law, including the landmark Teno v. Arnold trilogy. He also reflects on complex trials, expert evidence, class actions, arbitrations, and high-profile cases, such as International Corona v. Lac Minerals, Horton v. Joyce, Groia v. The Law Society, the Morand, Krever, Patti Starr, and Walkerton public inquiries, and more. Cherniak highlights the lessons learned throughout his long and storied career while meditating on the changing profession. Offering hard-earned wisdom and insight from decades of service in the field, In the Courts will interest lawyers, students, historians, and anyone curious about the past, present, and future of Canadian advocacy.

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.

Combining socio-legal and ethnohistorical studies, this book presents the history of doodem, or clan identification markings, left by Anishinaabe on treaties and other legal documents from the seventeenth through the nineteenth centuries. These doodems reflected fundamental principles behind Anishinaabe governance that were often ignored by Europeans, who referred to Indigenous polities in terms of tribe, nation, band, or village – classifications that failed to fully encompass longstanding cultural traditions of political authority within Anishinaabe society.Making creative use of natural history, treaty pictographs, and the Ojibwe language as an analytical tool, Doodem and Council Fire delivers groundbreaking insights into Anishinaabe law. The author asks not only what these doodem markings indicate, but what they may also reveal through their exclusions. The book also outlines the continuities, changes, and innovations in Anishinaabe governance through the concept of council fires and the alliances between them. Original and path-breaking, Doodem and Council Fire offers a fresh approach to Indigenous history, presenting a new interpretation grounded in a deep understanding of the nuances and distinctiveness of Anishinaabe culture and Indigenous traditions.

Prepared to coincide with the 250th anniversary of the establishment of Nova Scotia's Supreme Court, this important new volume provides a comprehensive history of the institution, Canada's oldest common law court. The thirteen essays include an account of the first meeting in 1754 of the court in Michaelmas Term, surveys of jurisprudence (the court's early federalism cases; its use of American law; attitudes to the administrative state), and chapters on the courts of Westminster Hall, on which the Supreme Court was modelled, and the various courthouses it has occupied. Anchoring the volume are two longer chapters, one on the pre-confederation period and one on the modern period.Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history. They take the reader through the establishment of the one-judge court to the present day – a unique contribution to our understanding of superior courts.

From the École Polytechnique shootings of 1989 to the political controversy surrounding the elimination of the federal long-gun registry, the issue of gun control has been a subject of fierce debate in Canada. But in fact, firearm regulation has been a sharply contested issue in the country since Confederation. Arming and Disarming offers the first comprehensive history of gun control in Canada from the colonial period to the present.In this sweeping, immersive book, R. Blake Brown outlines efforts to regulate the use of guns by young people, punish the misuse of arms, impose licensing regimes, and create firearm registries. Brown also challenges many popular assumptions about Canadian history, suggesting that gun ownership was far from universal during much of the colonial period, and that many nineteenth century lawyers – including John A. Macdonald – believed in a limited right to bear arms.Arming and Disarming provides a careful exploration of how social, economic, cultural, legal, and constitutional concerns shaped gun legislation and its implementation, as well as how these factors defined Canada’s historical and contemporary ‘gun culture.’

From “the Kid” on the Varsity Blues football team to “the Chief” at Osgoode Hall, R. Roy McMurtry has had a remarkably varied and influential career. As reformist attorney general of Ontario, one of the architects of the agreement that brought about the patriation of the Canadian Constitution, high commissioner to the United Kingdom, and chief justice of Ontario, he made a large and enduring contribution to Canadian law, politics, and life.These memoirs cover all these facets of his remarkable career, as well as his law practice, his work on various commissions of inquiry, and his reflections on family, sport, and art. This volume is both an account of his life in public service and a portrait of a humane, humorous, still optimistic, and always decent man.

When the Constitution Act of 1867 was enacted, section 93 guaranteed certain educational rights to Catholics and Protestants in Quebec, but not to any others. Over the course of the next century, the Jewish community in Montreal carved out an often tenuous arrangement for public schooling as “honorary Protestants,” based on complex negotiations with the Protestant and Catholic school boards, the provincial government, and individual municipalities. In the face of the constitution’s exclusionary language, all parties gave their compromise a legal form which was frankly unconstitutional, but unavoidable if Jewish children were to have access to public schools. Bargaining in the shadow of the law, they made their own constitution long before the formal constitutional amendment of 1997 finally put an end to the issue.In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal. Based on extensive archival research, it highlights the complex evolution of concepts of rights, citizenship, and identity, negotiated outside the strict legal boundaries of the constitution.

The fourth volume in the Canadian State Trials series examines the legal issues surrounding perceived security threats and the repression of dissent from the outset of World War One through the Great Depression. War prompted the development of new government powers and raised questions about citizenship and Canadian identity, while the ensuing interwar years brought serious economic challenges and unprecedented tensions between labour and capital.The chapters in this edited collection, written by leading scholars in numerous fields, examine the treatment of enemy aliens, conscription and courts martial, sedition prosecutions during the war and after the Winnipeg General Strike, and the application of Criminal Code and Immigration Act laws to Communist Party leaders, On to Ottawa Trekkers, and minority groups. These historical events shed light on contemporary dilemmas: What are the limits of dissent in war, emergencies, and economic crisis? What limits should be placed on government responses to real and perceived challenges to its authority?

The jury, a central institution of the trial process, exemplifies in popular perception the distinctiveness of our legal tradition. Nevertheless, juries today try only a small minority of cases. A Trying Question traces the history of the jury in Canada and links its nineteenth-century decline to the rise of the professional class.R. Blake Brown shows that juries could be controversial, as they could be stacked and were often considered a nuisance by those who had to serve. With the legal profession's expansion, many saw them as amateur, ineffective, and unnecessarily expensive bodies that ought to be supplanted by those trained to sift through and correctly interpret evidence.A Trying Question's fascinating history outlines the ways in which lay people became less involved in Canada's legal system and illustrates how judges, rather than jurors drawn from the community, would come to find verdicts in most court cases.

Viscount Richard Burdon Haldane was a philosopher, lawyer, British MP, and member of the British Cabinet during the First World War. He is best known to Canadians as a judge of the Judicial Committee of the Privy Council (Canada's highest court of appeal until 1949), in which role he was extremely influential in altering the constitutional relations between the federal parliament and the provincial legislatures.Chafing under the British North America Act of 1867, which provided for a strong central government, the provincial governments appealed to the Judicial Committee and were successful in gaining greater provincial legislative autonomy through the constitutional interpretations of the law lords. In Viscount Haldane, Frederick Vaughan concentrates on Haldane's role in these rulings, arguing that his jurisprudence was shaped by his formal study of German philosophy, especially that of G.W.F. Hegel. Vaughan's analysis of Haldane's legal philosophy and its impact on the Canadian constitution concludes that his Hegelian legacy is very much alive in today's Supreme Court of Canada and that it continues to shape the constitution and the lives of Canadians since the adoption of the Canadian Charter of Rights and Freedoms.