The Duty to Consult
New Relationships with Aboriginal Peoples
What does the duty to consult actually mean, and when it is required? The policies and decisions made regarding this duty are concisely outlined, along with important questions that remain.
Feminized Justice
The Toronto Women’s Court, 1913-34
Drawing on case files and newspapers accounts of women’s confrontations with the law in the Toronto Women’s Police Court, Feminized Justice offers a multifaceted portrait of women, crime, and courts in early twentieth-century Toronto.
Justice Bertha Wilson
One Woman’s Difference
This timely, evocative book showcases Bertha Wilson’s contributions to the Canadian legal landscape and explores the issues that this controversial personality grappled with in her life and career.
The Canadian War on Queers
National Security as Sexual Regulation
The Canadian War on Queers shows how the Canadian state used the ideology of national security to wage war on gays and lesbians.
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.
The Canadian Yearbook of International Law, Vol. 46, 2008
This is the forty-sixth volume of The Canadian Yearbook of International Law, which contains articles of lasting significance in the field of international legal studies.
The British Columbia Court of Appeal
The First Hundred Years
An authoritative history of British Columbia’s highest court.
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.
Media Divides
Communication Rights and the Right to Communicate in Canada
Media Divides offers the first comprehensive, up-to-date account of the democratic deficits in Canada’s communications law and policy.
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.
Realizing the UN Declaration on the Rights of Indigenous Peoples
Triumph, Hope, and Action
A multidisciplinary collection analyzing the development of the Declaration, the triumph of its adoption, and the hopes and actions for its implementation.
Constructing Crime
Contemporary Processes of Criminalization
Five unique case studies reveal how crime is being constructed and enforced in contemporary Canada.
The Practice of Execution in Canada
The first comprehensive examination of execution as a social institution in 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.
Panoptic Dreams
Streetscape Video Surveillance in Canada
A definitive study of the implementation and implications of streetscape video surveillance systems in Canada.
Globalizing Citizenship
This book traces how border controls and detention practices, particularly in the post-9/11 era, are transforming citizenship into a globalizing regime to regulate mobility.
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.
Between Consenting Peoples
Political Community and the Meaning of Consent
This book examines how consent might be understood as the foundation of legal and political community, especially in relations between indigenous and nonindigenous peoples.
Storied Communities
Narratives of Contact and Arrival in Constituting Political Community
An exploration of the role of storytelling in community and nation building that disrupts the assumption in many works that indigenous and immigrant identities fall into two separate streams of analysis.
Critical Criminology in Canada
New Voices, New Directions
A new generation of critical criminologists examines the future of criminology and criminal justice in Canada.
Unsettling the Settler Within
Indian Residential Schools, Truth Telling, and Reconciliation in Canada
Unsettling the Settler Within is a powerful call to action that lays bare the myth of the peacemaking settler and points the way toward a meaningful reconciliation between Aboriginal and non-Aboriginal Canadians grappling with the legacy of the Indian residential school system.
The Canadian Yearbook of International Law, Vol. 47, 2009
This is the forty-seventh volume of The Canadian Yearbook of International Law, which contains articles of lasting significance in the field of international legal studies.
Globalization and Local Adaptation in International Trade Law
Drawing on case studies from the Pacific Rim, this book traces the selective adaptation of international trade law to local conditions.
Judging Homosexuals
A History of Gay Persecution in Quebec and France
This history examines shifting constructions of homosexuality over time through a comparative analysis of gay persecution in France and Quebec.
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.
Oral History on Trial
Recognizing Aboriginal Narratives in the Courts
This compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence argues for the inclusion of Aboriginal oral histories in Canadian courts, and pushes for a reconsideration of the Crown's approach to oral history.
Property, Territory, Globalization
Struggles over Autonomy
Focusing on sites of friction in property regimes, this book reveals that a politics of place can help local actors build bases of autonomy to withstand, and even reshape, the forces of globalization.
Beyond Blood
Rethinking Indigenous Identity
Despite what the criteria of the Indian Act states regarding Aboriginal status, Palmater argues that blood should not determine belonging.
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.
Corporate Social Responsibility and the State
International Approaches to Forest Co-Regulation
This book provides a clear theoretical lens and practical guidance on the prospects and limits of leveraging private corporate social responsibility standards, such as forest certification, alongside government regulatory efforts to achieve more effective and adaptive sustainability solutions.
Wife to Widow
Lives, Laws, and Politics in Nineteenth-Century Montreal
The diversity of women’s lives as wives then as widows negotiating the law, patriarchy, family relationships, and the economy in 19th-century Montreal come alive in this first major study of widows in Canada.
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.
Controlling Knowledge
Freedom of Information and Privacy Protection in a Networked World
How current legislation governs privacy and freedom in the digital age.
The Perils of Identity
Group Rights and the Politics of Intragroup Difference
Caroline Dick asks how group identity claims, especially in the courts, obscure significant intragroup differences.
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.
Human Rights
The Commons and the Collective
Laura Westra argues that international and environmental law must place the rights of the collective before those of the individual if we are to protect our common heritage -- the environment, its air, water, and biodiversity -- and ensure humanity’s survival.
Principles of Tsawalk
An Indigenous Approach to Global Crisis
Hereditary chief Umeek weaves together Nuu-chah-nulth and Western worldviews to revitalize contemporary approaches to the environment and the plight of 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.