Law and Society
Founding editor: W. Wesley Pue
The Law and Society Series explores law as a socially embedded phenomenon. It is premised on the understanding that the conventional division of law from society creates false dichotomies in thinking, scholarship, educational practice, and social life. Books in the series treat law and society as mutually constitutive and seek to bridge scholarship emerging from interdisciplinary engagement of law with disciplines such as politics, social theory, history, political economy, and gender studies.
A Perilous Imbalance
The Globalization of Canadian Law and Governance
Tackles the pressing question of how Canadian engagement with globalization can be marshaled to advance rather than impair human security, ecological integrity, and social emancipation.
Contested Constitutionalism
Reflections on the Canadian Charter of Rights and Freedoms
Contested Constitutionalism is a critique of Canadian democracy, judicial power, and the place of Quebec and Aboriginal peoples within the federation, all of which have been altered by the Charter’s introduction in 1982.
Constitutional Politics in Canada after the Charter
Liberalism, Communitarianism, and Systemism
The first systematic analysis of general theories about Canada’s post-Charter constitutional evolution.
Aboriginal Title and Indigenous Peoples
Canada, Australia, and New Zealand
Offers a perspective on Aboriginal title and land rights that extends beyond national borders and the contemporary context to consider historical developments in common law countries.
Constructing Crime
Contemporary Processes of Criminalization
Five unique case studies reveal how crime is being constructed and enforced in contemporary Canada.
The Politics of Acknowledgement
Truth Commissions in Uganda and Haiti
This book examines the failure of truth commissions in Uganda and Haiti and develops a rigorous framework to evaluate truth commissions around the world.
In Defence of Principles
NGOs and Human Rights in Canada
This exploration of the activities of four Canadian NGOs in advancing and defending human rights principles sheds new light on the fragility and resilience of human rights norms in liberal democracies.
Critical Criminology in Canada
New Voices, New Directions
A new generation of critical criminologists examines the future of criminology and criminal justice in Canada.
Transforming Law's Family
The Legal Recognition of Planned Lesbian Motherhood
Drawing on the rarely heard voices of Canada’s lesbian mothers, Transforming Law’s Family explores the legal dimensions of planned lesbian parenthood and proposes avenues for legal change.
The Freedom of Security
Governing Canada in the Age of Counter-Terrorism
A trenchant exploration of how security and counter-terrorism practices are not only eroding civil liberties, but reshaping the very nature of our political freedom.
Westward Bound
Sex, Violence, the Law, and the Making of a Settler Society
Through the study of hundreds of criminal cases, Westward Bound explores how encounters between the courts and ordinary people on the Canadian Prairies contributed to the construction of race, class, and gender hierarchies in a settler society.
Ghost Dancing with Colonialism
Decolonization and Indigenous Rights at the Supreme Court of Canada
Drawing on history, international law, and recent decision-making in the Supreme Court, this book seeks the truth behind allegations that Canadian law continues to colonize Indigenous peoples.
Conflict in Caledonia
Aboriginal Land Rights and the Rule of Law
A powerful account of how land disputes reflect complex and often competing understandings of law, landscape, and identity among First Nations and non-Aboriginal people in Canada.
Being Relational
Reflections on Relational Theory and Health Law
This groundbreaking collection explores relational theory and how it can be brought to bear on practical areas of concern in health law and policy.
Troubling Sex
Towards a Legal Theory of Sexual Integrity
Focusing on the Supreme Court of Canada, Craig attempts to overcome the constraints of theoretical frameworks and disciplinary boundaries by pursuing a more inclusive theory of law and sexuality.
The Environmental Rights Revolution
A Global Study of Constitutions, Human Rights, and the Environment
David Boyd shows that recognition of the right to a healthy environment is not only growing, it is having a profound influence on public policy and environmental protection.
City of Order
Crime and Society in Halifax, 1918-35
A groundbreaking exploration of the causes and consequences of Halifax’s tough-on-crime measures in the interwar era.
International Trade Law and Domestic Policy
Canada, the United States, and the WTO
An innovative assessment of the extent to which international judicial bodies influence domestic law and policy arrangements.
The Right to a Healthy Environment
Revitalizing Canada's Constitution
Renowned environmental lawyer David R. Boyd argues that Canada must constitutionalize environmental rights and responsibilities if it hopes to improve its environmental record.
Still Dying for a Living
Corporate Criminal Liability after the Westray Mine Disaster
Still Dying for a Living investigates the state’s (in)ability to develop effective legal strategies for holding corporations accountable for serious injury and death in the workplace.
Hunger, Horses, and Government Men
Criminal Law on the Aboriginal Plains, 1870-1905
Tells the complex story of the relationship between Plains Indians and Canadian criminal law as it took root in their land.
Aboriginal Justice and the Charter
Realizing a Culturally Sensitive Interpretation of Legal Rights
This book explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, while searching for practical ways to implement Aboriginal justice.
Governing from the Bench
The Supreme Court of Canada and the Judicial Role
Governing from the Bench is a comprehensive and illuminating examination of the Supreme Court of Canada that draws on in-depth interviews to reveal the inner workings of this often-misunderstood institution at the heart of Canada’s justice system.
Unjust by Design
Canada’s Administrative Justice System
This book describes a Canadian administrative justice system in transcendent need of fundamental structural reform and provides a detailed blueprint for change.
On the Outside
From Lengthy Imprisonment to Lasting Freedom
Drawing on the narratives of men who have served lengthy prison sentences, this book illuminates the tumultuous journey from life in a penitentiary to success in the community.
“Don’t Be So Gay!”
Queers, Bullying, and Making Schools Safe
Queer students speak out in a book that seeks to address the problem of homophobic bullying in schools.
To Right Historical Wrongs
Race, Gender, and Sentencing in Canada
A bold questioning of culture-based reparative justice initiatives – the political culture that inspired them and their efficacy in an age in which historically marginalized people are disproportionately represented in Canadian prisons.
Defending Battered Women on Trial
Lessons from the Transcripts
Drawing on trial transcripts, this book tells the stories of ten battered women who killed their male partners and one who did not, revealing why women don’t “just leave” and the serious barriers to achieving acquittal.
Equality Deferred
Sex Discrimination and British Columbia’s Human Rights State, 1953-84
A history of human rights law in Canada, with a focus on sex discrimination in British Columbia.
The Strategic Constitution
Understanding Canadian Power in the World
Bridging the solitudes of constitutional law and international relations, this book offers a brand new interpretation of Canada’s Constitution.
Paths to the Bench
The Judicial Appointment Process in Manitoba, 1870-1950
A close study of the judges appointed in early 20th-century Manitoba, revealing Canada’s highly political judicial appointment process.
Putting the State on Trial
The Policing of Protest during the G20 Summit
Not only were peaceful protestors and innocent bystanders assaulted by police during the G20 Summit in Toronto in June 2010, but the constitutional rights of Canadians were as well. This book contextualizes the events and examines what should be done to safeguard the rights of Canadians to freedom of speech, peaceful assembly, and freedom from arbitrary arrest and detention in the future.
Cleaner, Greener, Healthier
A Prescription for Stronger Canadian Environmental Laws and Policies
David R. Boyd reveals striking weaknesses in Canadian environmental law, describes the damage these flaws are wreaking on human health, and identifies practical, proven, and affordable solutions to these problems.
In Search of the Ethical Lawyer
Stories from the Canadian Legal Profession
Delving into some of the most challenging issues to confront legal professionals, this book raises important questions about what it means to be an ethical lawyer in Canada.
Fragile Settlements
Aboriginal Peoples, Law, and Resistance in South-West Australia and Prairie Canada
Fragile Settlements compares the historical processes through which British colonial authority was asserted over Indigenous people in southwest Australia and prairie Canada from the 1830s to the early twentieth century.
Parole in Canada
Gender and Diversity in the Federal System
Parole in Canada explores how concerns about aboriginality, gender, and the multicultural ideal of “diversity” have altered parole policy and practice – and asks whether these changes go far enough.
Lawyers’ Empire
Legal Professions and Cultural Authority, 1780-1950
In approaching the history of the legal professions through the lens of cultural history, Wes Pue locates the legal profession within England and its empire, supplementing and disrupting established narratives of professionalism as proffered by lawyers and their critics.
Uncertain Accommodation
Aboriginal Identity and Group Rights in the Supreme Court of Canada
A bold analysis of what happened when Canada attempted to extend group rights to Aboriginal people in the early 1980s and why it went wrong.
Behind the Walls
Inmates and Correctional Officers on the State of Canadian Prisons
Based on candid conversations with inmates and correctional officers in federal and provincial prisons, Behind the Walls offers an up-to-date and balanced account of the corrections landscape in Canada.
Accusation
Creating Criminals
This interdisciplinary collection challenges conventional views on crime and criminals, examining how ideas and rituals of criminal accusation produce both accusers and accused.
Debating Hate Crime
Language, Legislatures, and the Law in Canada
Delving into the language used by parliamentarians, senators, and committee witnesses to debate Canada’s hate laws, this book analyzes passionate discourse surrounding victimization, rightful citizenship, social threat, and moral erosion.
Unions in Court
Organized Labour and the Charter of Rights and Freedoms
This book demonstrates how and why labour’s long-standing distrust of the legal system has given way to a Charter-based legal strategy designed to protect workers’ rights and freedoms.
Contemporary Slavery
Popular Rhetoric and Political Practice
This volume brings together a cast of leading experts to carefully explore how the language of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical and visual performances.
The New Lawyer, Second Edition
How Clients Are Transforming the Practice of Law
The New Lawyer analyzes the changes that are transforming the role of lawyers, the nature of client service, and how law is practised – including how lawyers seek resolution before trial – to stress the need for new approaches to lawyer/client collaboration if the legal profession is to remain relevant in the twenty-first century.
Claire L’Heureux-Dubé
A Life
Going beyond jurisprudential legacy to provide rich sociocultural context, Claire L’Heureux-Dubé is an exploration of the controversial and historically transformative career of the first Quebec woman on Canada’s Supreme Court.
Governing Irregular Migration
Bordering Culture, Labour, and Security in Spain
This thorough analysis of immigration governance in Spain explores the dynamics of inclusion and exclusion at play at one of Europe’s southern borders.
Health Care and the Charter
Legal Mobilization and Policy Change in Canada
An engaging study of the clash between two iconic Canadian policy instruments – universal, single-payer health care and the Canadian Charter of Rights and Freedoms – and the effects on politics and policy.
Class Actions in Canada
The Promise and Reality of Access to Justice
The first major empirical and critical study of class actions in Canada, this book provides a detailed account of how they operate and whether they are achieving their goals.
Enforcing Exclusion
Precarious Migrants and the Law in Canada
Enforcing Exclusion explores the multiple ways migration status functions to exclude temporary and precarious migrants from the law’s benefits and protections.
Truth and Conviction
Donald Marshall Jr. and the Mi’kmaw Quest for Justice
A passionate account of how one man’s fight against racism and injustice transformed the criminal justice system and galvanized the Mi’kmaw Nation’s struggle for self-determination, forever changing the landscape of Indigenous rights in Canada and around the world.