This study of the Manitoba judiciary is not only the first biographical history to examine an entire provincial bench, it is also one of the first studies to offer an internal view of the political nature of the judicial appointment process. Dale Brawn has penned the biographies of the first thirty-three men appointed to Manitoba's Court of Queen's Bench. The relative youth of Manitoba as a province and the small size of its legal profession makes possible an exceptionally detailed investigation of the background of those appointed to the province's highest trial court. The biographical data that Brawn has collected for this book highlights the extent to which judicial candidates underwent a socialization process designed to produce a legal elite whose members shared remarkably similar views and ways of thinking. In addition, these biographies suggest that until at least 1950, seats on provincial benches were rewards for political services rendered. Many lawyers became judges not because of their legal ability, but because they had made themselves known in the communities in which they practiced. This fascinating study offers an intimate look at personalities ranging from prime ministers to members of the bench and both senior levels of government.

A lawyer wanting to become a judge in early 20th-century Manitoba could attract the attention of his peers through his work – but it was a friendship with a powerful mentor that got him to the bench. In Paths to the Bench, Dale Brawn looks at the appointments and careers of early judges who were charged with laying the legal foundations of a province. By looking at both official records and correspondence from this era, Brawn uncovers the highly political nature of the judicial appointment process and the intricate bonds that ensured that judges acquired the values not of their society, but of their fellowship groups. A fascinating look at the careers of practical, hard-headed, and influential judges, Paths to the Bench is also an incisive study of the political nature of Canada’s judicial appointment process.

The hitchhiker seemed harmless. He was dressed in a blue suit and a colorful sweater, accessorized with a grey cap and tan shoes. He carried nothing. It was the morning of June 8, 1927, when the Chandler family picked up the well-dressed man in Minnesota and dropped him at the Canadian border. They had unwittingly transported notorious serial killer, “The Gorilla Man,” who had strangled more than twenty women from one end of the United States to the other. He would later murder Emily Patterson and 14-year-old Lola Cowan in Winnipeg. His identity was unknown. Written by Alvin A. J. Esau, The Gorilla Man Strangler Case: Serial Killer Earle Nelson is a detailed historical account of the Canadian manhunt, capture, and identification of Earle Leonard Nelson, an escapee from a California mental institution. Drawing on archival sources, it’s the first reliable biography of Nelson, who was hung in Manitoba on January 13, 1928. This case study also deals with various political and professional issues that arose in the pretrial, trial, and post-trial periods and spotlights the clash between Nelson’s court-appointed defence attorney James Stitt, and psychiatrist Dr. Alvin Mathers, along with the chilling role of Canada’s so called official hangman “Arthur Ellis” – all information that has never been published before. Esau also raises various enduring issues about the social construction of serial killers, debates about capital punishment, psychopathy, the scope of the insanity defence, the effect of pretrial publicity, and the trial as public entertainment.

Courts of law at once reflect and shape the society in which they reside and dispense justice. To mark the 2010 centenary of the British Columbia Court of Appeal, this book presents an institutional, jurisprudential, and biographical account of the court and its evolving role in the province. Richly illustrated and replete with group portraits of judges and accounts of key cases, this authoritative history explores how the court came into being, how it has operated, and who its judges have been. In the process, it tells the story of how the court has shaped and been shaped by the social, political, and legal development of British Columbia.

Christopher Moore's history of the Court of Appeal for Ontario traces the evolution of one of Canada's most influential courts from its origins to the post-Charter years.

Harry W. Arthurs is a name held in high esteem by labour lawyers and academics throughout the world. Although many are familiar with Arthurs's contributions and accomplishments, few are acquainted with the man himself, or how he came to be one of the most influential figures in Canadian law and legal education. In Connecting the Dots Arthurs recounts his adventures in academe and the people, principles, ideas, motivations, and circumstances that have shaped his thinking and his career. The memoir offers intimate recollections and observations, beginning with the celebrated ancestors who influenced Arthurs's upbringing and education. It then sweeps through his career as an architect of important reforms in legal education and explores his research as a trailblazing commentator on the legal profession. Arthurs analyzes his experiences as a legal theorist and historian and his pivotal role as a discordant voice in debates over constitutional and administrative law. Along the way, he muses on the intellectual projects he embraced or set in motion, the institutional reforms he advocated, the public policies he recommended, and how they fared long term. Framed with commentary on the historical context that shaped each decade of his career and punctuated by moments of personal reflection, Connecting the Dots is a humorous, frank, and fearless account of the rise and fall of Canadian labour law from the man who was at the centre of it all.

From Confederation to the partial abolition of the death penalty a century later, defendants convicted of sexually motivated killings and sexually violent homicides in Canada were more likely than any other condemned criminals to be executed for their crimes. Despite the emergence of psychiatric expertise in criminal trials, moral disgust and anger proved more potent in courtrooms, the public mind, and the hearts of the bureaucrats and politicians responsible for determining the outcome of capital cases. Wherever death has been set as the ultimate criminal penalty, the poor, minority groups, and stigmatized peoples have been more likely to be accused, convicted, and executed. Although the vast majority of convicted sex killers were white, Canada’s racist notions of "the Indian mind" meant that Indigenous defendants faced the presumption of guilt. Black defendants were also subjected to discriminatory treatment, including near lynchings. In debates about capital punishment, abolitionists expressed concern that prejudices and poverty created the prospect of wrongful convictions. Unique in the ways it reveals the emotional drivers of capital punishment in delivering inequitable outcomes, The Death Penalty and Sex Murder in Canadian History provides a thorough overview of sex murder and the death penalty in Canada. It serves as an essential history and a richly documented cautionary tale for the present.

Annotation The province's history of religious, linguistic, ethnic and class confict, which has often drawn the entire country into its battles, is revealed in the biographies of the Premiers.

In May 1928, the body of George Edey was discovered on his Saskatchewan farm, leading to the swift arrest of a deaf and mentally disabled farmhand named Mike Hack. Following a three-day murder trial, Hack was quickly convicted and sentenced to death. Denied clemency, in January 1929 he was hanged in the courtyard of the Regina Jail at twenty-seven years of age and buried in an unmarked grave. Prairie Justice dissects this case, revealing its implications for important themes in the history of the Canadian criminal justice system. Wayne Sumner meticulously traces the narrative of the case, analysing each step from the initial murder investigation to the subsequent arrest, trial, conviction, denial of clemency, and execution of the man accused. Drawing on a personal connection to the case rooted in his family history – his father’s hometown was the village where the crime occurred, and both his grandfather and great-grandfather were involved in the investigation – Sumner uncovers deeper and more universal reasons to share the story. The book punctuates the narrative with insightful analysis on key criminal justice themes illustrated by the case: unfitness to stand trial, the defence of insanity, ineffective assistance of counsel, wrongful conviction, and miscarriage of justice. Ultimately, Prairie Justice exposes how access to justice can be merely illusory for the poor and marginalized.

Drawing on historical records of women’s varying experiences as litigants, accused criminals, or witnesses, this book offers critical insight into women’s legal status in nineteenth-century Canada. In an effort to recover the social and political conditions under which women lobbied, rebelled, and in some cases influenced change, Petticoats and Prejudice weaves together forgotten stories of achievement and defeat in the Canadian legal system. Expanding the concept of “heroism” beyond its traditional limitations, this text gives life to some of Canada’s lost heroines. Euphemia Rabbitt, who resisted an attempted rape, and Clara Brett Martin, who valiantly secured entry into the all-male legal profession, were admired by their contemporaries for their successful pursuits of justice. But Ellen Rogers, a prostitute who believed all women should be legally protected against sexual assault, and Nellie Armstrong, a battered wife and mother who sought child custody, were ostracized for their ideas and demands. Well aware of the limitations placed upon women advocating for reform in a patriarchal legal system, Constance Backhouse recreates vivid and textured snapshots of these and other women’s courageous struggles against gender discrimination and oppression. Employing social history to illuminate the reproductive, sexual, racial, and occupational inequalities that continue to shape women’s encounters with the law, Petticoats and Prejudice is an essential entry point into the gendered treatment of feminized bodies in Canadian legal institutions. This book was co-published with The Osgoode Society for Canadian Legal History.