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.

Inhabited by a diverse population of First Nations peoples, Métis, Scots, Upper and Lower Canadians, and Americans, and dominated by the commercial and governmental activities of the Hudson’s Bay Company, Red River – now Winnipeg – was a challenging settlement to oversee. This illuminating account presents the story of the unique legal and governmental system that attempted to do so and the mixed success it encountered, culminating in the 1869–70 Red River Rebellion and confederation with Canada in 1870. In Law, Life, and Government at Red River, Dale Gibson provides rich, revealing glimpses into the community, and its complex relations with the Hudson’s Bay: the colony’s owner, and primary employer. Volume 2 provides a complete annotated, and never-before-published transcription of testimony from Red River’s courts, presenting hundreds of vignettes of frontier life, the cases that were brought before the courts, and the ways in which the courts resolved conflicts. A vivid look into early settler life, Law, Life, and Government at Red River offers insights into the political, commercial, and legal circumstances that unfolded during western expansion.

Canada’s criminal justice landscape has been shaped by contrary trends in recent years. As the crime rate declines, policy-makers continue to push for tough-on-crime legislation, and university criminology programs continue to expand. Given these trends, what does the future hold for criminology and criminal justice? This book presents the work of a new generation of critical criminologists who explore the geographical, institutional, and political context of the discipline in Canada. Breaking away from mainstream criminology and popular law-and-order discourses, the authors present a spectrum of theoretical approaches to criminal justice – from governmentality to feminist criminology, from critical realism to anarchism – and they propose novel approaches to topics such as genocide, white-collar crime, and the effect of prison sentences on families. By posing crucial questions and attempting to define what criminology should be, this book will shape debates about crime, policing, and punishment for years to come.

British Columbia inherited a legal system that granted married men control over most family property and imposed few obligations on them toward their wives and children. Yet from the 1860s onward, lawmakers throughout the Anglo-American world, including legislators on the Pacific Coast, began to grant women and children new rights. Domestic Reforms deftly analyzes the impact of the legislation, with emphasis on the ambitions of regulated populations, the influence of the judiciary, and the social and fiscal concerns of generations of legislators and bureaucrats.

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.

Since the Charter of Rights and Freedoms was introduced, Canada has experienced more than twenty-five years of constitutional politics and countless debates about the future of Canada. There has, however, been no systematic attempt to identify general theories about Canada's constitutional evolution. Patrick James corrects this oversight. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past � and the future � of the Canadian federation.