Canadian Perspectives on Law and Society: Issues in Legal History



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66 S.F. Wise, “Sermon Literature and Canadian Intellectual History” in J.M. Burostead, ed., Canadian History Since Confederation (Georgetown, Ont.: Irwin-Dorsy 1979) at 249-262.

67 J.D. Barclay, The Throne of Righteousness: A Discourse Read in St. Andrews Church, Toronto on the 24th of May, 1863, Being the Anniversary of the Birth-Day of Her Most Gracious Majesty Queen Victoria (Toronto: Lovell and Gibson, 1863).

68 “Englishness and the Political Culture” supra, note 13 at 29.

69 [Fredericton] New Brunswick Reporter (28 January 1859). The judge in question was L.A. Wilmot. See also, R. Vaudry, “Peter Brown, the Toronto Banner and the Evangelical Mind in Victorian Canada” (March 1985) 77 Ont. Hist. at 11-15 and J.R. Miller, Equal Rights: The Jesuits’ Estates Act Controversy (Montreal: McGill-Queen’s University Press, 1979).

70 W.M. Baker, Timothy Warren Anglin, 1822-96: Irish Catholic Canadian (Toronto: University of Toronto Press, 1977); R. Burns, “Thomas D’Arcy McGee” in Dictionary of Canadian Biography, vol. 9 (Toronto: University of Toronto Press, 1966) at 489-494. The benevolence of British institutions was also praised by French-Canadian clerics, such as Bishop J.-O. Plessis, who sought to preserve the status quo and French civil law. See Ouellet, supra, note 6 at 43, 67; Mgr. J.-O. Plessis, supra, note 52 at 2-9. French-Canadian politicians, however, remained divided on the benefits of the British constitution. See J. Monet, S.J., The Last Cannon Shot: A Study of French-Canadian Nationalism, 1837-1850 (Toronto: University of Toronto Press, 1969).

71 Constitution and Laws of the Loyal Orange Institution of British North America (Toronto: Bro. A. Jaques, 1859). See also [Toronto] Sentinel and Orange and Protestant Advocate (19 July 1888); C. Houston and W. J. Smyth, The Sash Canada Wore: A Historical Geography of the Orange Order in Canada (Toronto: University of Toronto Press, 1984); Kealey, supra, note 35 at 98-121; D.G. Boyce, “‘The Marginal Britons’: The Irish” supra, note 13 at 230-253.

72 [Toronto] Globe (12 July 1888).

73 L.W. Shannon The Dominion Harmonist: A Collection of the Best National, Constitutional and Loyal Orange Songs and Poems (Toronto: MacLear, 1876); Ulster True Blue, Poem on the Montreal Riots, 12 July,1877, With the Murder and Funeral of the Late Thomas Lett Hackett (Broadside, 1877); Orange Sentinel, The Sentinel and Orange Patriotic Song Book (Toronto: Sentinel Publishing, n.d.).

74 D. Creighton, John A. Macdonald: The Young Politician (Toronto: MacMillan of Canada, 1952) at 39-40, 195, 301-302, 304; H. Senior, “The Genesis of Canadian Orangeism” (1968) 60 Ont. Hist. at 13-29; P.B. Waite, Canada 1874-1896: Arduous Destiny (Toronto: McClelland and Stewart, 1971) at 87-88.

75 Speech of the Hon. Edward Blake, M.P., on the Orange Incorporation Bill, 1884 (n.p., 1884); J. Antisell Allen, A Reply to the Speech of the Hon. Edward Blake Against the Orange Incorporation Bill: Protestantism First; Politics After (Kingston, 1884); Scott See, “The Orange Order and Social Violence in Mid-Nineteenth-Century Saint John” 13 Acadiensis at 68-92. For the class analysis of the Orange Order, see Palmer, supra, note 35 at 38-42; G. Kealey, “The Politics of Class During the Union of the Canadas” in Russell, supra, note 47 at 41-86. For rioting as “moral economy” or political action by the working class, see E.P. Thompson, “The Moral Economy of the English Crowd in the Eighteenth Century” 50 Past and Present at 76-136.

76 To the Electors of the City of Kingston” (10 June 1861) in J.K. Johnson and C.B. Stelmack, eds., The Letters of Sir John A. Macdonald, 1858-1861 (Ottawa: Public Archives of Canada, 1969) at 345-351.

77 [Toronto] Daily Globe (25 May 1860) (2 July 1867); [Halifax] Unionist and Halifax Journal (3 July 1867); A.W. Rasporich, “Imperial Sentiment in the Province of Canada During the Crimean War, 1854-56” in W.L. Morton, ed., The Shield of Achilles: Aspects of Canada in the Victorian Age (Toronto: McClelland and Stewart, 1968) at 139-168. For Britain see W. Bagehot, The English Constitution, intro. by R.H.S. Crossman (Glasgow: Fontana, 1983) at 82; D. Cannadine, “The Context, Performance and Meaning of Ritual: The British Monarchy and the `Invention of Tradition, c. 1820-1977” in Hobsbawm and Ranger, supra, note 60 at 101-164.

78 For example, see Palmer, Working-Class Experience, supra, note 36; D.J. Bercuson, Confrontation at Winnipeg: Labour, Industrial Relations and the General Strike (Montreal: McGill-Queen’s University Press, 1974); P. Craven, An Impartial Umpire: Industrial Relations and the Canadian State, 1900-1911 (Toronto: University of Toronto Press, 1980); P. Craven, “Workers’ Conspiracies in Toronto, 1854-1872” 14 Labour/le Travail at 49-70; J. Fingard, Jack in Port: Sailortowns of Eastern Canada (Toronto: University of Toronto Press, 1982) at 140-193, 220-232; M. Chartrand, “The First Canadian Trade Union Legislation: An Historical Perspective” (1984) 16 Ottawa L. Rev. at 267-296.

79 Gareth Stedman-Jones, influential among social and working-class historians, has written in the case of the turn-of-the-century British working class that “Loyalism was a product of apathy.” See “Working-Class Culture and Working-Class Politics in London, 1870-1900: Notes on the Remaking of a Working Class” 7 J. of Social Hist. at 462. Roland Barthes has written that “Statistically, myth is on the right.” See R. Barthes, Mythologies (New York: Hill and Wang, 1972) at 148.

80 “Canada” [Toronto] Ontario Workman (18April 1872).

81 [Toronto] Ontario Workman (25 April 1872). See also S. Zerker, The Rise and Fall of the Toronto Typographical Union, 1832-1972: A Case Study of Foreign Domination (Toronto: University of Toronto Press, 1982).

82 S. Calhoun, The Lockeport Lockout: An Untold Story in Nova Scotia’s Labour History (Kentville, Nova Scotia: n.p., 1983).

83 G.S. Kealey and B. D. Palmer, Dreaming of What Might Be: The Knights of labour in Ontario, 1886-1920 (New York: Cambridge University Press, 1982). According to Paul-Andre Linteau, Rene Durocher and Jean-Claude Robert, in Quebec: A History 1867-1929 (Toronto: James Lorimer, 1983) at 279, late nineteenth century Quebec workers “joined international craft unions or the Knights of Labour and were not much interested in nationalism, although their spokesman did take positions on the protective tariff measures that were cleverly labelled the `national policy’.”

84 C. Heron, “Labourism and the Canadian Working Class” 13 Labour/le Travail at 50-51.

85 F.R. Scott, “Freedom of Speech in Canada” (July 1933) Canadian Unionist at 41-44; “Freedom of Speech II” (September 1933) Canadian Unionist at 57-61. See also M. Horn, “Free Speech Within the Law: The Letter of the Sixty-Eight Toronto Professors, 1931” (March 1980) 72 Ont. Hist. at 27-48.

86 Marquis, “The Early Twentieth-Century Toronto Police Institution” supra, note 48, ch. 3.

87 Marquis, “Anti-Lawyer Sentiment” supra, note 45.

88 [Toronto] Daily Telegraph (23 January 1867).

89 Craven, “Law and Ideology” supra, note 44.

90 T.P. Thompson, The Politics of Labour (1887) intro. by Jay Atherton (Toronto: University of Toronto Press, 1975); [Toronto] Daily Telegraph (1867).

91 Parker, “Canadian Legal Culture” supra, note 19 at 8.

92 One example is Judge Gowan, The Canadian Constables’ Assistant: Being the Substance of a Charge to the Grand Jury of the Counts’ of Simcoe, at the April Sessions, 1852 (Barrie: J.W. Young, 1852). Another example is the 1874 grand jury address by New Brunswick Chief Justice Ritchie on the right to property and its enjoyment. See [Saint John] Daily News (14 May 1874).

93 [Halifax] Unionist and Halifax Journal (28 June 1867). G.B. Baker, “The Reconstitution of Upper Canadian Legal Thought in the Late-Victorian Empire” (1985) 3 Law and Hist. Rev.at 219-292, argues that the Ontario legal community’s anglophilic character blossomed in the late nineteenth century. One of the spokesmen of this movement was Judge W.R. Riddell, a prolific writer of legal history who described himself as “a Canadian and a British judge.” See Hon. W.R. Riddell, “Some Remarks on the Constitutions of Canada and the United States” Empire Club Speeches 1909-1910, supra, note 12 at 188-199.

94 J.W. Lawrence, ed., The Judges of New Bnunswick and Their Times (1907) (Fredericton: Acadiensis Press, 1983). For a Reformer’s view of Family Compact judges, see C. Durand, The Reminiscences of Charles Durand of Toronto, Barrister (Toronto: Hunter Rose, 1897) at 274-280, 346-358, 426-432.

95 W.L. Morton, “The Local Executive in the British Empire, 1783-1828” (1963) 73 Eng. Hist. Rev. at 438-439; J. Garner, The Franchise and Politics in British North America, 1755-1867 (Toronto: University of Toronto Press, 1967). For judicial patronage see B. Young, George Etienne Cartier: Montreal Bourgeois (Montreal Kingston: McGill-Queen’s University Press, 1981). Federal Justice Minister Allen Aylesworth, whose 1911 letterbooks contain many replies to job seekers, explained to a supplicant that in the case of official appointments preference was given to “local men who have taken more or less a prominent part in political work or elections”: letter from A.B. Aylesworth to T.H. Reditt (6 March 1911), Series III, letterbook 17, A.B. Aylesworth Papers, Queen’s University Archives.

96 [Charlottetown] Islander (14 July 1854).

97 For example, see W.O. Raymond, “New Brunswick: Genenal History, 1758-1867”; “New Brunswick: Political History, 1867-1912” in A. Shortt and A.G. Doughty, eds., Canada and Its Provinces: A History of the Canadian People and Their Institutions, vols. 12-14 (London: Constable, 1913) at 206-207, 424-425.

98 [Saint John] New Brunswick Courier (4 February l832); [Charlottetown] Ross’s Weekly (8 September 1864); Blackstone, “Trial by Jury” The Sixth book of Reading Lessons for the Use of Schools in the British American Provinces (1867), supra, note 11 at 25-27; H. Neatby, The Administration of Justice Under the Quebec Act (Minneapolis: The University of Minnesota Press, 1937) at 211; Bailyn, The Intellectual Origins, supra, note 17 at 74, 108.

99 L. Knafla, “Aspects of Criminal Law, Crime, Criminal Process and Punishment in Europe and Canada, 1500-1935” in Knafla, ed., Crime and Criminal Justice, supra, note 4 at 6-7.

100 Romney, Mr Attorney, supra, note 55, ch. 7.

101 See, G.M. Boswell, Law Reform in the Inferior Courts (Coburg: Gazette Office, 1850) at 3-6; Riddell, Magna Carta, supra, note 19 at 36-37.

102 L. St. G. Stubbs, A Majority of One: The life and Times of Lewis St. George Stubbs (Winnipeg: Queenston Press, 1983); [Toronto] Daily Clarion (25 January 1938); E. Abbott Perry, The Law and the Poor (New York: Garland Publishing, 1980); E.P. Thompson, Writing by Candlelight (London: Merlin, 1980). Stubbs was involved in formulating the `socialized justice’ clause of the Cooperative Commonwealth Federation’s platform. For a humourous view of the rural jury, see T.C. Keefer, Philosophy of Railroads and Other Essays (1850), H.V. Nelles, ed., (Toronto: University of Toronto Press, 1972), 10.



103 A. Hibbard, J.P., A Narrative and Exposure of the Evil of Secret Indictments by Grand Juries (Montreal: n.p., 1866); J.A. Kains, “How You Say?”: A Review of the Movement for Abolishing the Grand Jury System in Canada (St. Thomas: Journal, 1893); Romney, Mr. Attorney, supra, note 55 at 198-302.
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