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.
Tuesday, October 15, 2019
Friday, October 4, 2019
Via the Legal History Blog (which always gets notifications before I do :(
Kent McNeil (Osgoode Hall Law School, York University) has published Flawed Precedent: The St. Catherine's Case and Aboriginal Title in UBC Press' Landmark Cases in Canadian Law series. From the publisher:
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.
Really good news--the Law Society has accredited our October 28, 2019 legal history evening programme for one hour professionalism and EDI!
This evening is open to, and free for, Osgoode Society members. Join today!
The LSO says:
Professionalism Hours Accredited
Your “No Thought of Reconciliation: The New Dominion and the Indian Acts, 1867-1914” program to be held on October 28, 2019 has been accredited for 1 hour of Professionalism Content.
The Professionalism Hours have been allocated as follows:
Approved Professionalism Hours
Approved EDI Professionalism Hours
Prof. Phillips’ Lecture followed by Audience Question and Answer Period
Only Professionalism Hours must be accredited by the Law Society. Lawyers and paralegals must determine for themselves whether an activity is an eligible educational activity for CPD and qualifies for Substantive Hours. For more information about Substantive Hours, please see CPD Requirement<https://lso.ca/law
The accreditation of Professionalism Hours may be advertised or indicated as follows:
This program contains 1 hour of EDI Professionalism Content.