Welcome to the Canadian Legal History Blog!
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On the 90th
anniversary of the Persons case decision, Justice Robert Sharpe will present
a lecture based on his book, The Persons Case, which he
co-authored with Patricia McMahon.
The 1929 Persons Case, declaring women to be legal "persons" and thus eligible for appointment to Canada's Senate, is one of the most important constitutional decisions in Canadian history. This lecture will consider the case in its political and social context and examines the lives and views of the people behind it - Emily Murphy, Nellie McClung and the other members of the "famous five," the politicians who barred women from the Senate, the lawyers who argued the case, and the judges who decided it. This lecture is co-sponsored by the Osgoode Society for Canadian Legal History and presented by Yorkminster Speaker Series. Please visit the speaker series website for more information. |
In 1888, the Judicial Committee of the Privy Council in London ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case.In Flawed Precedent, preeminent legal scholar Kent McNeil thoroughly investigates this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples and their use of the land influenced the decision. He also discusses the effects that St. Catherine’s had on Canadian law and policy until the 1970s when its authority was finally questioned by the Supreme Court in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings.McNeil has written a compelling and illuminating account of a landmark case that influenced law and policy on Indigenous land rights for almost a century. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.
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Fans of Justice Robert Sharpe's legal history work will be interested in this OBA interview with him about the Lazier Murder, a cause célèbre of late nineteenth century rural Ontario (h/t Amanda Campbell.)
Talking Back to the Indian Act is a comprehensive "how-to" guide for engaging with primary source documents. The intent of the book is to encourage readers to develop the skills necessary to converse with primary sources in more refined and profound ways. As a piece of legislation that is central to Canada’s relationship with Indigenous peoples and communities, and one that has undergone many amendments, the Indian Act is uniquely positioned to act as a vehicle for this kind of focused reading.
Gerald Le Dain (1924-2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. 
