Laws and Societies in the Canadian Prairie West, 1670-1940

Edited by Louis A. Knafla & Jonathan Swainger
Categories: History, Canadian History, Law & Legal Studies, Law & Society, Regional & Cultural Studies, Canadian Studies, Legal History
Series: Law and Society
Publisher: UBC Press
Hardcover : 9780774811668, 360 pages, December 2005
Paperback : 9780774811675, 360 pages, July 2006
Ebook (EPUB) : 9780774841450, 360 pages, November 2011
Ebook (PDF) : 9780774854207, 360 pages, October 2007

Table of contents

Illustrations

Preface

1. Introduction: Laws and Societies in the Anglo-Canadian North-West Frontiers and Prairie Provinces, 1670-1940 / Louis A. Knafla

Part One: First Nations and First Peoples

2. Law and Necessity in Western Rupert's Land and Beyond, 1670-1870 / Hamar Foster

3. “There Seemed to be No Recognized Law”: Canadian Law and the Prairie First Nations / Sidney L. Harring

4. The Exclusionary Effect of Colonial Law: Indigenous Peoples and English Law in Western Canada, 1670-1870 / Russell C. Smandych

5. Discipline and Discretion in the Mid-Eighteenth-Century Hudson's Bay Company Private Justice System / Paul C. Nigol

Part Two: Adaptations to Modernity

6. Policing Two Imperial Frontiers: The Royal Irish Constabulary and the North-West Mounted Police / Greg Marquis

7. The Common Law and Justices of the Supreme Court of the North-West Territories: The First Generation, 1887-1907 / Roderick G. Martin

8. The Implications of a Provincial Police Force in Alberta and Saskatchewan / Zhiqiu Lin and Augustine Brannigan

9. The Development of Prairie Canada's Water Law, 1870-1940 / Tristan M. Goodman

10. Monopolies and State Regulation: The Calgary Power Company, Utilities, and the Alberta Public Utilities Board, 1910-30 / Janice Erion

11. The Law and Public Nudity: Prairie and West Coast Reactions to the Sons of Freedom, 1929-1932 / John McLaren

Acknowledgments Contributors General Index Index of Cases Index of Ordinances, Proclamations, and Statutes

Description

Challenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples. The ways in which prairie peoples perceived themselves and their relationships to a wider world were directly framed by notions of law and legal remedy shaped by the course and themes of prairie history. Legal history is not just about black letter law. It is also deeply concerned with the ways in which people affect and are affected by the law in their daily lives. By examining how central and important the law has been to individuals, communities, and societies in the Canadian Prairies, this book makes an original contribution.

Reviews

Laws and Societies is a useful contribution to the sparse history of law and governance in Canada ... The editors challenge historians of western Canada to muse about the use of the law and legal documents in their projects. Hopefully, the collection will inspire future conferences, discussions, and monographs on the law and its application in western Canada and in Canada.

- Jonathan Anuik, University of Saskatchewan

[UBC Press’ Law and Society Series], edited by W. Wesley Pue, is a prime example of the excellent scholarly work that is currently being conducted on the critical issues surrounding the interaction between law and society in Canada. The eleven essays in Laws and Societies in the Canadian Prairie West underscore the complexities of implementing the rule of law and administering “justice” in the sparsely settled and geographically vast area of Canada’s Prairie region. As Lou Knafla notes in the introductory chapter, the Prairies represent the “least developed” region in Canadian legal history (p.2). This volume makes a notable contribution to correcting this imbalance. As well as being a valuable source for Canadian legal and social historians, Laws and Societies in the Canadian Prairie West will prove to be beneficial to scholars outside of Canada who wish to gain a better understanding of some of this country’s key legal foundations.

- Michael Boudreau, Department of Criminology & Criminal Justice, St. Thomas University