Landmark Cases in Canadian Law
Persons. Calder. Little Sisters. Chaoulli. Monsanto v. Schmeiser.
Since Confederation, Canada’s highest court – first the Judicial Committee of the Privy Council in England and then the Supreme Court of Canada – has issued a series of often contentious decisions that have fundamentally shaped the nation. Both cheered and jeered, these judgments have impacted every aspect of Canadian society, setting legal precedents and provoking social change. The issues in the judgments range from Aboriginal title, gender equality, and freedom of expression to Quebec secession and intellectual property.
UBC Press is proud to announce a new series – Landmark Cases in Canadian Law – which offers comprehensive, book-length examinations of Privy Council or Supreme Court of Canada decisions that have had a major impact on Canadian law, politics, and society. The inaugural book in the series, Flawed Precedent, analyzes the St. Catherine’s Milling decision of 1888, which defined the nature and character of Aboriginal title in Canadian law for almost a century and had a profound impact on the rights of Indigenous peoples in Canada.
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Hunter v Southam and the Drift from Reasonable Search Protections
This book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.
The St. Catherine’s Case and Aboriginal Title
This illuminating account of the St. Catherine’s case of the 1880s reveals the erroneous assumptions and racism inherent in judgments that would define the nature and character of Aboriginal title in Canadian law and policy for almost a century.
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