Gender, Race & Canadian Law explores feminist and critical race approaches to Canadian law. The collection, which is suitable for undergraduate courses, begins with a basic overview of Canadian law and an introduction to critical concepts including “the official version of law,” race and racialization, privilege and heteronormativity. Substantive themes include the Montreal massacre, hegemonic and other masculinities, equality rights, sexual assault and other gendered violence, trans, colonialism, immigration and multiculturalism. Contributors: Constance Backhouse Gillian Balfour Mélissa Blais Karen Busby Wendy Chan Sandra Ka Hon Chu Elizabeth Comack Raewyn Connell Pamela Downe Deborah H. Drake Rod Earle Eve Haque Joanna Harris Margot A. Hurlbert Lisa Marie Jakubowski Peter Knegt Ruth M. Mann Peggy McIntosh Marilou McPhedron Martin Rochlin

One primary concern within the study of law has been to understand the law/society relation. Underlying this concern is the belief that law has a distinctly social basis; it both shapes and is shaped by the society in which it operates. This book explores the law/society relation by locating law within the nexus of race/class/gender/sexuality relations in society. Recognizing that inequalities along these lines exist in society raises important questions: What role has law historically played in generating today's inequalities? Is law part of the problem or part of the solution? Can we use law as a strategy to achieve meaningful change? The essays in this new edition of Locating Law demonstrate law's role in a variety of specific contexts, including perpetuating colonialism in Canada, protecting corporations and holding women responsible for sexual violence against them. These analyses are sure to generate discussion and debate and, in the process, enhance our understanding of this important relation between law and society.

Analyzing key examples of the sexual and familial regulation (through the law) of girls and women in twentieth-century Canada, this work explores the ways in which class, race, and gender shape the definition and punishment of criminality. It also examines the changing social and legal definitions of "normal" versus "criminal" sexual and family relationships, using case studies of incest, childhood sexual abuse, wife assault, prostitution, girls in conflict with the law, and Native women and the law.

Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society

Have Canadian women gained from their pursuit of legal remedies to social, political, economic, and cultural inequalities? Is law a fruitful avenue for such struggles? Using liberal feminist, postmodern, critical, race, and queer theory, these essays confront the anti-rights critiques of the legal Left regarding the use of law in general and the Charter in particular. Several chapters explicitly examine the strategic limits and possibilities of the substantive equality rights approaches pursued by LEAF (The Women's Legal Education and Action Fund). Others focus on legal strategies mobilized in discreet areas of law and public policy by foreign domestic workers and racialized women, lesbians, women seeking reproductive freedom, women in the childcare movement, and anti-violence advocates. Recognizing the diversity of women across class, citizenship, race and ethnicity, sexual identity, culture, and (dis)ability, this collection evaluates the efficacy of the wide range of legal and political strategies women have employed, particularly in this post-Charter era. Women's Legal Strategies in Canada is the most comprehensive account of these important issues and will surely become the standard work in the field.

A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

What is a Canadian critical race feminism? As the contributors to this book note, the interventions of Canadian critical race feminists work to explicitly engage the Canadian state as a white settler society. The collection examines Indigenous peoples within the Canadian settler state and Indigenous women within feminism; the challenges posed by the settler state for women of colour and Indigenous women; and the possibilities and limits of an anti-colonial praxis. Critical race feminism, like critical race theory more broadly, interrogates questions about race and gender through an emancipatory lens, posing fundamental questions about the persistence if not magnification of race and the “colour line” in the twenty-first century. The writers of these articles whether exploring campus politics around issues of equity, the media’s circulation of ideas about a tolerant multicultural and feminist Canada, security practices that confine people of colour to spaces of exception, Indigenous women’s navigation of both nationalism and feminism, Western feminist responses to the War on Terror, or the new forms of whiteness that persist in ideas about a post-racial world or in transnational movements for social justice insist that we must study racialized power in all its gender and class dimensions. The contributors are all members of Researchers and Academics of Colour for Equity.

Delving behind Canada’s veneer of multiculturalism and tolerance, Policing Black Lives traces the violent realities of anti-blackness from the slave ships to prisons, classrooms and beyond. Robyn Maynard provides readers with the first comprehensive account of nearly four hundred years of state-sanctioned surveillance, criminalization and punishment of Black lives in Canada. While highlighting the ubiquity of Black resistance, Policing Black Lives traces the still-living legacy of slavery across multiple institutions, shedding light on the state’s role in perpetuating contemporary Black poverty and unemployment, racial profiling, law enforcement violence, incarceration, immigration detention, deportation, exploitative migrant labour practices, disproportionate child removal and low graduation rates. Emerging from a critical race feminist framework that insists that all Black lives matter, Maynard’s intersectional approach to anti-Black racism addresses the unique and understudied impacts of state violence as it is experienced by Black women, Black people with disabilities, as well as queer, trans, and undocumented Black communities. A call-to-action, Policing Black Lives urges readers to work toward dismantling structures of racial domination and re-imagining a more just society.

Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.