Search This Blog

Thursday, July 13, 2017

RIP John Beattie

John Beattie was loved by everyone who knew him, and admired and respected by everyone who read his work or heard him speak. His brilliance as a scholar was matched by his kindness as a person. An unusual combination. I could say more, but this is a lovely obituary in the Globe and Mail. I will post the details of his memorial when they are available. Goodbye John, and thank you for everything.

John Maurice (J.M.) Beattie 
Passed away from cancer on
July 12, aged 85, in the comfort
of his family.John leaves Susan,
his loving wife of almost 59
years; three children:Katherine
(Ed Holmes), Allison (Mark
Simpson) and Roger
(JoanneHoribe); and five
grandchildren: Natalie, Nicholas,
Sarah, Chloe andKaz - all of
whose lives he touched so
deeply.He was predeceased by
his parents, Frank and Mary
Beattie and by his beloved older
sister, Joyce.John Beattie was
born and raised in Dunstan,
England, near Newcastle upon
Tyne. During the war he and his
sister were temporarily relocated
to the countryside.After the war
Joyce married an American
serviceman and the entirefamily
moved to Napa, California.John
attended the University of San
Francisco where he studied
historyand captained the soccer
team. In 1988 he was inducted
into the USFsports hall of
fame.John earned a master's
degree from the University of
California atBerkeley. It was
there that he met Susan, the
love of his life.In 1957 they
moved to the UK where Susan
taught school while John earned
his Phd. from King's College
Cambridge, under the
supervision of J.H. Plumb.In
1961 he accepted a teaching
position in the History
department at the University of
Toronto, the start of a thirty-five
year career.In the late 1960s
John turned his academic
attention to the subjectthat was
to define his ground-breaking
research, publishing career and
reputation: crime and the
administration of justicein 18th
century England. He published
many articles along with five
books including his seminal
work, 'Crime and the Courts in
England, 1660-1800.'In the
1970s, John's burgeoning
academic pursuits happily
coincided with the creation of
the U of T's Centre of
Criminology, the beginning of
what was for John a significant,
decades-long association; one
that included two stints as the
Centre's Director.Yet as
important as research and
writing were for him, John's
great love was teaching. He
believed this was a university's
most essential mission and the
truest test of what its core values
should be: openness, curiosity
and rigour.John always took
immense pleasure in the work of
his graduate students and joy in
all their successes, academic and
otherwise. His spirit of
generosity towards them
extended to colleagues in the
field, to his and Susan's
neighbours and to their many
friends, and their families. Above
all else John's credo was
fairness. He insisted on it in his
own assessment of the past and
lived it in his dealings with the
people in his life, no matter how
long or short his association with
them.Upon his retirement in
1996 John was a U of T
University Professoremeritus. He
and Susan spent many
wonderful summers at their
cottageon Pencil Lake where
John played business manager,
transportationdirector and chief
glaze-consultant for Susan
Beattie Pottery, happilyassuming
the supporting role for Susan's
pottery-making that she had
devoted to his academic work.It
was a lifelong partnership in all
the best ways.It was at Pencil
Lake, too, that he fell in with a
group of golfbuddies, found later
in life, whose Tuesday rounds on
courses acrossthe Kawarthas
gave him so much
pleasure.John's work drew
praise and many awards but his
most truly importantsuccesses
came elsewhere: devoted
husband, loving father, nurturing
grandfather and loyal
friend. Cremation has taken
place.There will be a celebration
of his life in the fall academic
term, details to be
announced.The family would
like to thank Dr. Russell Goldman
and his wonderful team at the
Temmy Latner Centre for
Palliative Care and Nina and
Emily from Saint Elizabeth, all of
whom provided such loving care
to John these past months.The
family is also so grateful to the
staff at Kensington Hospice for
making his final hours so
peaceful.In lieu of flowers, a
donation to Interval House, an
organizationdevoted to restoring
respect and independence to
abused women and children,
which John has supported for
many years, would be greatly
appreciated. 

http://v1.theglobeandmail.com/servlet/story/Deaths.20170713.93390785/BDAStory/BDA/deaths

Monday, July 10, 2017

Tucker, "When Wage Theft was a Crime in Canada, 1935-55" on SSRN

Eric Tucker has posted "When Wage Theft was a Crime in Canada, 1933-1955" on SSRN. The article will appear in the Osgoode Hall Law Journal, vol. 54, issue 3.

In recent years the term “wage theft” has been widely used to describe the phenomenon of employers not paying their workers the wages they are owed. While the term has great normative weight, it is rarely accompanied by calls for employers literally to be prosecuted under the criminal law. However, it is a little known fact that in 1935 Canada enacted a criminal wage theft law, which remained on the books until 1955. This article provides an historical account of history of the wage theft law, including the role of the Royal Commission on Price Spreads, the legislative debates and amendments that narrowed its scope and the one unsuccessful effort to prosecute an employer for intentionally paying less than the provincial minimum wage. It concludes that the law was a symbolic gesture and another example of the difficulty of using the criminal law to punish employers for their wrongdoing.

Wednesday, June 28, 2017

Congratulations to Wes Pue on winning the CLSA English-language book prize

Congratulations, Wes! A well-deserved honour.
I re-tweeted this news when it came out a few weeks ago, but neglected to post on it. Mea culpa.

The Canadian Law and Society Association announces:

2017 Prize citations / 2017 Annonces des prix

Book prize / Prix du meilleur ouvrage :


Committee / Comité : Nicole O’Byrne (Chair / Présidente), Thomas McMorrow

W. Wesley Pue, Lawyers’ Empire: Legal Professions and Cultural Authority, 1780-1950 (Vancouver: UBC Press, 2016).

Commendation / Recommandation :
Wes Pue (University of British Columbia, Allard School of Law) has long been considered one of Canada’s foremost legal historians. This book marks of the culmination of a career spent researching and thinking about the legal education. It is a remarkable achievement. On the book jacket, Harry Arthurs states that “no one should be allowed to study, teach, practise, or write about Canadian law without first reading Lawyers’ Empire....his account of the antecedents, culture, education, governance, and political economy of the Canadian and English legal professions is deeply informed and astonishingly informative, broad in sweep and rich in detail, provocative and witty.” The committee strongly agrees with this assessment. Although the focus of the book ends shortly after World War II, its analytical structure as a work of intellectual and cultural history contributes immeasurably to the contemporary debate over legal education. Wes Pue has written a definitive book on the emergence of lawyers as a professional class. It is essential reading for anyone interested in the history and future of the legal profession in Canada.

Tuesday, June 27, 2017

Baker, William Osgoode's Marginalia on reception of Imperial Law on SSRN

Posted on SSRN, forthcoming in the Osgoode Hall Law Journal, Blaine Baker ,
"Musings and Silences of Chief Justice William Osgoode: Digest Marginalia about the Reception of Imperial Law":
Abstract:
This essay focuses on musings and silences in the margins of Canadian Chief Justice William Osgoode's late-eighteenth-century law library, to understand the role he assigned to Westminster-based imperial law in the transmission of 'British justice' to the colonies. It concludes that role was limited, mostly by Osgoode's greater commitment of time and energy to legislative and executive branches of government than to the judiciary, and by his sometimes cavalier impatience with English courts and legal commentators.

Thursday, June 22, 2017

Osgoode Society Legal History Workshop Schedule--Fall term, 2017


OSGOODE SOCIETY LEGAL HISTORY WORKSHOP, 2017-2018: FALL TERM, 2017

All sessions will be held in the Jackman Building, U of T Faculty of Law, Room 219, at 6.30 pm. The exception is the September 27th session – see below.

Wednesday September 13: Christopher Moore, Independent Historian: “Federalism, Free Trade within Canada, and The British North America Act, s.121”

Wednesday September 27: Special Law Society of Upper Canada Event – Lawyers and Canada at 150. This will take place at the Donald Lamont Learning Centre, Osgoode Hall, 130 Queen Street West, from 3.00-6.00, with a reception to follow 6 – 7.30, in Convocation Hall at Osgoode Hall. The programme is reproduced below. The event is free but you are asked to register.

Wednesday October 4:  Jim Phillips, University of Toronto: “Squatting and the Rights of Property in British North America”

Wednesday October 18: Ian Kyer, Independent Historian, “The Ontario Bond Scandal of 1923 Revisited”

Wednesday November 1 – Constance Backhouse, University of Ottawa: “Claire L’Heureux-Dubé.”

NOTE: The Osgoode Society 2017 Annual Book Launch will take place on Thursday, November 2. 

Wednesday November 15 – Philip Girard, Osgoode Hall Law School, "Two Cheers for the Constitutional Act of 1791."

Wednesday November 29 - Nick Rogers, York University: " 'Strumpet hot bitch!' Defamation Suits before Bristol's Bawdy Court, 1720-1790."


Details of September 27 Event
The Law Society will mark Canada’s 150th birthday with a special event highlighting the role of lawyers in making the Constitution and in the development of the inclusive society we are committed to building.
Panel 1: The first panel will speak to the role of lawyers in the making of the Constitution in 1867 and beyond.
Moderator: Professor Jim Phillips, University of Toronto
Christopher Moore, award winning author and historian, will discuss the confederation debates over the division of powers.
The Honourable Robert Sharpe of the Ontario Court of Appeal will assess the origins and significance of thePersons Case.
Eric Adams of the University of Alberta will examine the career and ideas of lawyer and political activist Frank (F.R.) Scott.
Leading constitutional litigator Mary Eberts will revisit the drafting of section 15 of the Charter, in which she played an instrumental role.
Panel 2: The second panel will examine the careers of visionary lawyers who, from the causes they pursued and the careers they built, were ahead of their time.
Moderator: Professor Philip Girard, Osgoode Hall Law School
Hamar Foster of the University of Victoria will discuss the early lawyers who represented British Columbia’s Indigenous peoples in the struggle for recognition of their land rights.
Barrington Walker of Queen’s University will talk about the struggles and triumphs of Delos Rogest Davis, the son of an escaped slave who was the second African-Canadian called to the Bar in Ontario, in 1886.
Laurel Sefton McDowell of the University of Toronto looks at labour activist, civil libertarian and lawyer Jacob Laurence (J.L.) Cohen, the most influential labour lawyer of the turbulent 1930s.
Constance Backhouse of the University of Ottawa will discuss the ways in which women have contributed to the legal profession from Clara Brett Martin’s first entry in 1897 and beyond.


Wednesday, June 21, 2017

LSUC presents Lawyers and Canada at 150, Sept. 27


lawyers-canada-150-bilingualMark your calendars--
The Law Society of Upper Canada will present

Lawyers and Canada at 150
on September 27, 2017 from 3 to 6 pm, at Osgoode Hall, Toronto, followed by a reception 6 to 730 pm.

Note that this is a free event, but space is limited: RSVP required.

Moderator: Professor Jim Phillips, University of Toronto
Christopher Moore, award winning author and historian, will discuss the confederation debates over the division of powers.
The Honourable Robert Sharpe of the Ontario Court of Appeal will assess the origins and significance of the Persons Case.
Eric Adams of the University of Alberta will examine the career and ideas of lawyer and political activist Frank (F.R.) Scott.
Leading constitutional litigator Mary Eberts will revisit the drafting of section 15 of the Charter, in which she played an instrumental role.
Hamar Foster of the University of Victoria will discuss the early lawyers who represented British Columbia’s Indigenous peoples in the struggle for recognition of their land rights.
Barrington Walker of Queen’s University will talk about the struggles and triumphs of Delos Rogest Davis, the son of an escaped slave who was the second African-Canadian called to the Bar in Ontario, in 1886.
Laurel Sefton McDowell of the University of Toronto looks at labour activist, civil libertarian and lawyer Jacob Laurence (J.L.) Cohen, the most influential labour lawyer of the turbulent 1930s.
Constance Backhouse of the University of Ottawa will discuss the ways in which women have contributed to the legal profession from Clara Brett Martin’s first entry in 1897 and beyond.
Reception: 6 to 7:30 p.m.
The Law Society of Upper Canada
130 Queen Street West
Donald Lamont Learning Centre followed by a reception in Convocation Hall
This program is also available via simultaneous webcast.
Les avocats et le Canada à l’heure du 150e 
Christopher Moore, auteur et historien primé, parlera des débats autour de la division des pouvoirs dans la Confédération.
L’honorable Robert Sharpe de la Cour d’appel de l’Ontario évaluera les origines et l’importance de l’affaire « personne ».
Eric Adams de l’Université de l’Alberta examinera la carrière et les idées de l’avocat et militant politique Frank (F.R.) Scott.
La plaideuse constitutionnelle renommée Mary Eberts revisitera la rédaction de l’article 15 de la Charte, dans laquelle elle a joué un rôle déterminant.
Hamar Foster de l’Université de Victoria parlera des premiers avocats qui ont représenté les peuples autochtones de la Colombie-Britannique dans leur lutte pour la reconnaissance de leurs droits territoriaux.
Barrington Walker de l’Université Queen’s parlera des luttes et des triomphes de Delos Rogest Davis, le fils d’un esclave en fuite qui était le deuxième Afro-Canadien admis au barreau en Ontario, en 1886.
Laurel Sefton McDowell de l’Université de Toronto analyse le militant syndical, défenseur des libertés civiles et avocat Jacob Laurence (J.L.) Cohen, l’avocat syndical le plus influent à l’époque turbulente des années 1930.
Constance Backhouse de l’Université d’Ottawa parlera des façons dont les femmes ont contribué à la profession juridique depuis la première entrée de Clara Brett Martin en 1897 et après.
Réception : 18 h à 19 h 30
130, rue Queen Ouest, Toronto (Ontario)
Centre Donald Lamont
Une réception suivra dans la Grande Salle
Ce programme est également disponible par webémission simultanée.
The second panel will examine the careers of visionary lawyers who, from the causes they pursued and the careers they built, were ahead of their time.
Moderator: Professor Philip Girard, Osgoode Hall Law School
September 27 2017
Program: 3 to 6 p.m.
CPD Hours: 3 Substantive
RSVP
Photographs and video taken at this public event will be used in Law Society and partner organization print and online publications.
Le Barreau célèbrera le 150e anniversaire du Canada avec un évènement spécial soulignant le rôle des avocats dans la Constitution et dans le développement d’une société inclusive en laquelle nous croyons.
Le premier panel parlera du rôle les avocats dans la Constitution en 1867 et au-delà.
Modérateur : Professeur Jim Phillips, Université de Toronto
Le deuxième panel examinera la carrière des avocats visionnaires qui, depuis les causes qu’ils ont défendues jusqu’aux carrières qu’ils se sont bâties, étaient en avance sur leur époque.
Modérateur : Professeur Philip Girard, Faculté de droit d’Osgoode Hall
27 septembre 2017
Programme : 15 h à 18 h
Barreau du Haut-Canada
Heures de FPC : 3 h de droit de fond
RSVP
Cet évènement public est gratuit, mais les places sont limitées. Pour vous inscrire, veuillez cliquer ici.
Les photographies et les vidéos prises à cet évènement public seront utilisées dans les publications en ligne et imprimées du Barreau et de l’organisation partenaire.














Call for presenters: Osgoode Society Legal History Workshop


The Osgoode Society holds an evening workshop at U of T  more-or-less fortnightly during the academic year for legal historians (broadly defined) to present their work-in-progress for constructive, friendly feedback.

Jim Phillips is inviting expressions of interest for 2017-18. If you are interested in presenting your work, would like to be on the distribution list to receive papers, or just have questions, please email him at j.phillips@utoronto.ca.
\