Essays in the History of Canadian Law, Volume XII

New Essays in Women's History

Edited by Lori Chambers & Joan Sangster
Categories: Law & Legal Studies, Legal History, History, Gender & Sexuality Studies, Women’s Studies, Canadian History, Indigenous History
Series: Essays in the History of Canadian Law
Publisher: University of Toronto Press
Hardcover : 9781487553906, 368 pages, October 2023
Ebook (EPUB) : 9781487553913, 368 pages, October 2023
Ebook (PDF) : 9781487553920, 368 pages, October 2023

Table of contents

Introduction
Joan Sangster and Lori Chambers

1. The Trials of Caroline Ferguson: Reputation and Litigation in Quebec, 1852–1857
Eric Reiter

2. A Cause Célèbre: Marriage, Quebec Law, and the Delpit Affair of 1901
Mélanie Méthot

3. The Trials and Travails of Eliza Maria Campbell
Jim Phillips

4. Meunier v. Macdonald and Secord, 1911: A Métis Woman Takes on Prominent Edmonton Settler Businessmen, Politicians, and Land Speculators
Sarah Carter

5. Credibility, Corroboration, and Legal Betrayal of Rape Victims
Constance Backhouse

6. The Execution of Tommasina Teolis: Capital Punishment, Gender, and Ethnicity in Quebec in the First Half of the Twentieth Century
Don Fyson

7. The WTEA (1917), Canadian Women’s Suffrage, and Constitutional Thought in World War I
Lyndsay Campbell

8. Discipline as Deterrence: Labour Relations and the Silencing of Feminist Labour Activists
Joan Sangster and Julia Smith

9. Women Not Welcome: Martinie v. the Italian Society of Port Arthur
Laura Nigro, Lori Chambers, and Michel Beaulieu

10. Internal and External Advocacy for Legal Reform: Genesis of the Ontario Family Law Act [1986] 1967–1986
Taylor Starr

Description

Drawing on engaging case studies, Essays in the History of Canadian Law brings the law to life. The contributors to this collection provide rich historical and social context for each case, unravelling the process of legal decision-making and explaining the impact of the law on the people involved in legal disputes. Examining the law not simply as legislation and institutions, but as discourse, practice, symbols, rhetoric, and language, the book’s chapters show the law as both oppressive and constraining and as a point of contention and means of resistance.

This collection presents new approaches and concerns, as well as re-examinations of existing themes with new evidence and modes of storytelling. Contributors cover many legal thematic areas, from criminal to labour, civil, administrative, and human rights law, spanning English and French Canada, and ranging from the mid-eighteenth century to the late twentieth century. The legal cases vary from precedent-setting cases to lesser-known ones, from those driven by one woman’s quest for personal justice to others in which state actors dominate. Bringing to light how the people embroiled in these cases interacted with the legal system, the book reveals the ramifications of a legal system characterized by multiple layers of inequality.