The Canadian Department of Justice and the Completion of Confederation 1867-78

The Canadian Department of Justice and the Completion of Confederation 1867-78
Author: Jonathan Swainger
Publisher: UBC Press
Total Pages: 178
Release: 2011-11-01
Genre: History
ISBN: 0774841990

The federal Department of Justice was established by John A. Macdonald as part of the Conservative party's program for reform of the parliamentary system following Confederation. Among other things, it was charged with establishing national institutions such as the Supreme Court and the North West Mounted Police and with centralizing the penitentiary system. In the process, the department took on a position of primary importance in post-Confederation politics. This was particularly so up to 1878, when Confederation was "completed." Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867. Drawing on legal records and other archival documents, he details the complex interactions between law and politics, exploring how expectations both inside and outside the legal system created an environment in which the department acted as an advisor to the government. He concludes by considering the post-1878 legacy of the department's approach to governance, wherein any problem, legal or otherwise, was made amenable to politicized solutions. Unfortunately for the department and the federal government, this left them ill-prepared for the constitutional battles to come. One crucial task was to establish responsibilities within the federal government, rather than just duplicate offices which had existed prior to union. Others were the establishment of national or quasi- national institutions such as the Supreme Court (1875) and the North-West Mounted Police (1873), the redrafting of the Governor-General's instructions (which was done between 1875 and 1877), and centralization of the penitentiary system (completed by 1875). The Department benefited from a deeply rooted expectation that law was both apolitical and necessary. This ideology functioned in a variety of ways: it gave the Department considerable latitude for setting policy and solving problems, but rationalized the appearance of politicized legal decisions. It also legitimized Department officials' claim that it was especially suited to review all legislation, advise on the royal prerogative of mercy, administer national penitentiaries, and appoint judges to the bench. Ultimately, the fictional notion of law as apolitical and necessary placed the Department of Justice squarely in the midst of the completion of Confederation. The Canadian Department of Justice and the Completion of Confederation will be of particular interest to students and scholars of Canadian legal and political history.

The Constitutional Legitimacy of Law Officers in the United Kingdom

The Constitutional Legitimacy of Law Officers in the United Kingdom
Author: Conor McCormick
Publisher: Bloomsbury Publishing
Total Pages: 273
Release: 2022-07-14
Genre: Law
ISBN: 1509944125

This book provides a detailed account of each law officer's functions and draws on that account as the basis for a conceptual analysis of their constitutional legitimacy. In recent years, the constitutional legitimacy of law officers has been questioned repeatedly because of recurring controversies surrounding the discharge of their varied functions. Indeed, it has become increasingly clear that those functions enable law officers to play a highly influential part in the regulation and exercise of public power throughout the United Kingdom. McCormick argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it. Both aspects of the book – namely the explanation of individual functions and the conceptual analysis of collective legitimacy – are written in a holistic way which encompasses critical analyses about the Attorney General and Solicitor General for England and Wales; the Counsel General for Wales; the Lord Advocate, Solicitor General and Advocate General for Scotland, as well as the Attorney General and Advocate General for Northern Ireland.

Police Powers in Canada

Police Powers in Canada
Author: University of Alberta. Centre for Constitutional Studies
Publisher: University of Toronto Press
Total Pages: 376
Release: 1994-01-01
Genre: Political Science
ISBN: 0802028632

The television spectacles of Oka and the Rodney King affair served to focus public disaffection with the police, a disaffection that has been growing for several years. In Canada, confidence in the police is at an all-time low. At the same time crime rates continue to rise. Canada now has the dubious distinction of having the second highest crime rate in the Western world. How did this state of affairs come about? What do we want from our police? How do we achieve policing that is consistent with the Charter of Rights and Freedoms? The essays in this volume set out to explore these questions. In their introduction, the editors point out that constitutional order is tied to the exercise of power by law enforcement agencies, and that if relations between the police and civil society continue to erode, the exercise of force will rise - a dangerous prospect for democratic societies.

Prosecuting Crime in the Public Interest

Prosecuting Crime in the Public Interest
Author: Kellie Toole
Publisher: Bloomsbury Publishing
Total Pages: 233
Release: 2024-07-25
Genre: Law
ISBN: 1509973222

This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution. It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence. The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.

The Invisible Crown

The Invisible Crown
Author: David E. Smith
Publisher: University of Toronto Press
Total Pages: 291
Release: 2013-01-01
Genre: History
ISBN: 1442615850

"First edition published 1995; this edition, with new preface, 2013"--T.p. verso.

The Canadian Encyclopedia

The Canadian Encyclopedia
Author: James H. Marsh
Publisher: The Canadian Encyclopedia
Total Pages: 2652
Release: 1999
Genre: Biography & Autobiography
ISBN: 9780771020995

This edition of "The Canadian Encyclopedia is the largest, most comprehensive book ever published in Canada for the general reader. It is COMPLETE: every aspect of Canada, from its rock formations to its rock bands, is represented here. It is UNABRIDGED: all of the information in the four red volumes of the famous 1988 edition is contained here in this single volume. It has been EXPANDED: since 1988 teams of researchers have been diligently fleshing out old entries and recording new ones; as a result, the text from 1988 has grown by 50% to over 4,000,000 words. It has been UPDATED: the researchers and contributors worked hard to make the information as current as possible. Other words apply to this extraordinary work of scholarship: AUTHORITATIVE, RELIABLE and READABLE. Every entry is compiled by an expert. Equally important, every entry is written for a Canadian reader, from the Canadian point of view. The finished work - many years in the making, and the equivalent of forty average-sized books - is an extraordinary storehouse of information about our country. This book deserves pride of place on the bookshelf in every Canadian Home. It is no accident that the cover of this book is based on the Canadian flag. For the proud truth is that this volume represents a great national achievement. From its formal inception in 1979, this encyclopedia has always represented a vote of faith in Canada; in Canada as a separate place whose natural worlds and whose peoples and their achievements deserve to be recorded and celebrated. At the start of a new century and a new millennium, in an increasingly borderless corporate world that seems ever more hostile to nationaldistinctions and aspirations, this "Canadian Encyclopedia is offered in a spirit of defiance and of faith in our future. The statistics behind this volume are staggering. The opening sixty pages list the 250 Consultants, the roughly 4,000 Contributors (all experts in the field they describe) and the scores of researchers, editors, typesetters, proofreaders and others who contributed their skills to this massive project. The 2,640 pages incorporate over 10,000 articles and over 4,000,000 words, making it the largest - some might say the greatest - Canadian book ever published. There are, of course, many special features. These include a map of Canada, a special page comparing the key statistics of the 23 major Canadian cities, maps of our cities, a variety of tables and photographs, and finely detailed illustrations of our wildlife, not to mention the colourful, informative endpapers. But above all the book is "encyclopedic" - which the "Canadian Oxford Dictionary describes as "embracing all branches of learning." This means that (with rare exceptions) there is satisfaction for the reader who seeks information on any Canadian subject. From the first entry "A mari usque ad mare - "from sea to sea" (which is Canada's motto, and a good description of this volume's range) to the "Zouaves (who mustered in Quebec to fight for the beleaguered Papacy) there is the required summary of information, clearly and accurately presented. For the browser the constant variety of entries and the lure of regular cross-references will provide hours of fasination. The word "encyclopedia" derives from Greek expressions alluding to a grand "circle of knowledge." Our knowledge has expandedimmeasurably since the time that one mnd could encompass all that was known.Yet now Canada's finest scientists, academics and specialists have distilled their knowledge of our country between the covers of one volume. The result is a book for every Canadian who values learning, and values Canada.

In Search of the Ethical Lawyer

In Search of the Ethical Lawyer
Author: Adam Dodek
Publisher: UBC Press
Total Pages: 273
Release: 2016-01-01
Genre: Law
ISBN: 0774831014

What options did Paul Bernardo’s lawyer have when his client directed him to retrieve hidden evidence? Where would David Milgaard be today if a lawyer hadn’t doggedly challenged his murder conviction? And what should a defence lawyer do when told her client is a danger to the public? In this equally inspiring and troubling book, leading Canadian legal academics and practising lawyers draw on real-life stories – case studies, biography, and memoir – to examine the tension between ethics and the law. Whether re-examining high-profile cases, celebrating barristers who tore down barriers, or pointing out current injustices within the justice system, their stories are compelling and raise important questions about what it means to be a “good” lawyer.

Big Data Surveillance and Security Intelligence

Big Data Surveillance and Security Intelligence
Author: David Lyon
Publisher: UBC Press
Total Pages: 303
Release: 2020-12-01
Genre: Social Science
ISBN: 0774864206

Intelligence gathering is in a state of flux. Enabled by massive computing power, new modes of communications analysis now touch the lives of citizens around the globe – not just those considered suspicious or threatening. Big Data Surveillance and Security Intelligence reveals the profound shift to “big data” practices that security agencies have made in recent years, as the increasing volume of information from social media and other open sources challenges traditional intelligence gathering. Working together, the Five Eyes intelligence partners – Australia, Canada, New Zealand, the United Kingdom, and the United States – are using new methods of data analysis to identify and pre-empt risks to national security. But at what cost to civil liberties, human rights, and privacy protection? In this astute collection, leading academics, civil society experts, and regulators debate the pressing questions raised by security intelligence and surveillance in Canada in the age of big data.