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Petticoats and Prejudice - Women's Press Classics
Drawing on historical records of women’s varying experiences as litigants, accused criminals, or witnesses, this book offers critical insight into women’s legal status in nineteenth-century Canada. In an effort to recover the social and political conditions under which women lobbied, rebelled, and in some cases influenced change, Petticoats and Prejudice weaves together forgotten stories of achievement and defeat in the Canadian legal system. Expanding the concept of “heroism” beyond its traditional limitations, this text gives life to some of Canada’s lost heroines. Euphemia Rabbitt, who resisted an attempted rape, and Clara Brett Martin, who valiantly secured entry into the all-m...
Colour-Coded
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 Aborigin...
Claire L’Heureux-Dubé
Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court. The second woman appointed to the Supreme Court of Canada, and the first from Quebec, she was known as “the great dissenter” on the bench, making judgments that were applauded and criticized in turn. L’Heureux-Dubé’s innovative legal approach was anchored in the social, economic, and political context of her cases. Constance Backhouse employs a similar tactic. Rather than focusing exclusively on her high-profile cases and jurisprudential legacy, sheexplores the socio-political and cultural setting in which L’Heureux-Dubé’s career unfolded, while also considering her personal life. This compelling biography covers aspects of legal history that have never been so fully investigated, enhancing our understanding of the judiciary, the creation of law, the distinctive socio-legal environment of Quebec, the experiences of women in the legal profession, and the inner workings of the top court.
Two Firsts
Bertha Wilson and Claire L’Heureux-Dubé were the first women judges on the Supreme Court of Canada. Their 1980s judicial appointments delighted feminists and shocked the legal establishment. Polar opposites in background and temperament, the two faced many identical challenges. Constance Backhouse’s compelling narrative explores the sexist roadblocks both women faced in education, law practice, and in the courts. She profiles their different ways of coping, their landmark decisions for women’s rights, and their less stellar records on race. To explore the lives and careers of these two path-breaking women is to venture into a world of legal sexism from a past era. The question becomes, how much of that sexism has been relegated to the bins of history, and how much continues?
People and Place
The collection represents a rich array of interdisciplinary expertise, with authors who are law professors, historians, sociologists and criminologists. Their essays include studies into the lives of judges and lawyers, rape victims, prostitutes, religious sect leaders, and common criminals. The geographic scope touches Canada, the United States and Australia. The essays explore how one individual, or small self-identified groups, were able to make a difference in how law was understood, applied, and interpreted. They also probe the degree to which locale and location influenced legal culture history.
The Heiress vs the Establishment
In 1922, Elizabeth Bethune Campbell, a Toronto-born socialite, unearthed what she initially thought was an unsigned copy of her mother’s will, designating her as the primary beneficiary of the estate. The discovery snowballed into a fourteen-year-battle with the Ontario legal establishment, as Mrs. Campbell attempted to prove that her uncle, a prominent member of Ontario’s legal circle, had stolen funds from her mother’s estate. In 1930, she argued her case before the Law Lords of the Privy Council in London. A non-lawyer and Canadian, with no formal education or legal training, Campbell was the first woman to ever appear before them. She won. Reprinted here in its entirety, Campbell’s self-published account of her campaign, Where Angels Fear to Tread, is an eloquent first-person view of intrigue and overlapping spheres of influence in the early-twentieth-century legal system. Constance Backhouse and Nancy Backhouse provide extensive commentary and annotations to lluminate the context and pick up the narrative where Campbell’s book leaves off. Vibrantly written, this is an enthralling read. Not only a fascinating social and legal history, it’s also a very good story.
Royally Wronged
The Royal Society of Canada’s mandate is to elect to its membership leading scholars in the arts, humanities, social sciences, and sciences, lending its seal of excellence to those who advance artistic and intellectual knowledge in Canada. Duncan Campbell Scott, one of the architects of the Indian residential school system in Canada, served as the society’s president and dominated its activities; many other members – historically overwhelmingly white men – helped shape knowledge systems rooted in colonialism that have proven catastrophic for Indigenous communities. Written primarily by current Royal Society of Canada members, these essays explore the historical contribution of the RS...
Regulating Lives
Nine essays investigate the history of law as an instrument of social control, moral regulation, and the government, focusing primarily on British Columbia, Canada, where most of the contributors work as scholars in law or criminology. Among the areas they tackle are the sex trade, the spread of venereal disease, the use and abuse of liquor, child welfare, mental disorder, intrafamily sexual abuse, Aboriginal culture and traditions, and Doukhobor beliefs and customs. The studies rely on forays into archival material at the national, provincial, and local levels. Annotation copyrighted by Book News, Inc., Portland, OR
Domestic Reforms
British Columbia inherited a legal system that granted married men control over most family property and imposed few obligations on them toward their wives and children. Yet from the 1860s onward, lawmakers throughout the Anglo-American world, including legislators on the Pacific Coast, began to grant women and children new rights. Domestic Reforms deftly analyzes the impact of the legislation, with emphasis on the ambitions of regulated populations, the influence of the judiciary, and the social and fiscal concerns of generations of legislators and bureaucrats.
