A Legal History Of Adoption In Ontario 1921 2015
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| Author | : Lori Chambers |
| Publisher | : University of Toronto Press |
| Total Pages | : 256 |
| Release | : 2016-01-01 |
| Genre | : History |
| ISBN | : 1487501013 |
Lori Chambers' fascinating study explores the legal history of adoption in Ontario since the passage of the first statute in 1921. This volume explores a wide range of themes and issues in the history of adoption including: the reasons for the creation of statutory adoption, the increasing voice of unmarried fathers in newborn adoption, the reasons for movement away from secrecy in adoption, the evolution of step-parent adoption, the adoption of Indigenous children, and the growth of international adoption. Unlike other works on adoption, Chambers focuses explicitly on statutes, statutory debates and the interpretation of statues in court. In doing so, she concludes that adoption is an inadequate response to child welfare and on its own cannot solve problems regarding child neglect and abuse. Rather, Chambers argues that in order to reform the area of adoption we must first acknowledge that it is built upon social inequalities within and between nations.
| Author | : Philip Girard |
| Publisher | : University of Toronto Press |
| Total Pages | : 928 |
| Release | : 2018-01-01 |
| Genre | : History |
| ISBN | : 1487504632 |
A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at 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.
| Author | : Lori Chambers |
| Publisher | : University of Toronto Press |
| Total Pages | : 266 |
| Release | : 2023-10-02 |
| Genre | : History |
| ISBN | : 1487553919 |
Drawing on engaging case studies, Essays in the History of Canadian Law brings the law to life. The contributors to this collection provide rich historical and social context for each case, unravelling the process of legal decision-making and explaining the impact of the law on the people involved in legal disputes. Examining the law not simply as legislation and institutions, but as discourse, practice, symbols, rhetoric, and language, the book’s chapters show the law as both oppressive and constraining and as a point of contention and means of resistance. This collection presents new approaches and concerns, as well as re-examinations of existing themes with new evidence and modes of storytelling. Contributors cover many legal thematic areas, from criminal to labour, civil, administrative, and human rights law, spanning English and French Canada, and ranging from the mid-eighteenth century to the late twentieth century. The legal cases vary from precedent-setting cases to lesser-known ones, from those driven by one woman’s quest for personal justice to others in which state actors dominate. Bringing to light how the people embroiled in these cases interacted with the legal system, the book reveals the ramifications of a legal system characterized by multiple layers of inequality.
| Author | : Kerry O'Halloran |
| Publisher | : Taylor & Francis |
| Total Pages | : 235 |
| Release | : 2023-05-16 |
| Genre | : Law |
| ISBN | : 1000885577 |
This book continues the themes addressed by its two predecessors in this mini-series by examining the role of the principle of the welfare interests of the child in the law of the U.S. and Canada. It provides a record of the key milestones in its development in each country and conducts a comparative analysis of the contemporary law relating to children in both. In doing so, it focuses also on the Indigenous communities – the AN/AI and the First Nations – of the U.S. and Canada respectively. By identifying and analysing the functions of the principle in the public (care, protection and control, etc), private (matrimonial, adoption, etc) and hybrid (adoption from care, surrogacy, etc) sectors of family law, it builds a picture of the law relating to children in the two countries and reveals significant jurisdictional differences. By examining the legislation and related caselaw, it assesses the different effects of the same legal framework on the welfare of Indigenous and other children. In addition to a digest of cases and legislation that identifies and tracks the role of this legal principle, lawyers, academics and other researchers will find a wealth of information on how it has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence of how the law has balanced this principle relative to others in both civil and criminal contexts.
| Author | : Harry W. Arthurs |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : |
| Release | : 2019-05-23 |
| Genre | : Biography & Autobiography |
| ISBN | : 077355758X |
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.
| Author | : Nancy Janovicek |
| Publisher | : University of Toronto Press |
| Total Pages | : 362 |
| Release | : 2019-01-01 |
| Genre | : History |
| ISBN | : 1442629711 |
Inspired by the question of "what's next?" in the field of Canadian women's and gender history, this broadly historiographical volume represents a conversation among established and emerging scholars who share a commitment to understanding the past from intersectional feminist perspectives. It includes original essays on Quebecois, Indigenous, Black, and immigrant women's histories and tackles such diverse topics as colonialism, religion, labour, warfare, sexuality, and reproductive labour and justice. Intended as a regenerative retrospective of a critically important field, this collection both engages analytically with the current state of women's and gender historiography in Canada and draws on its rich past to generate new knowledge and areas for inquiry.
| Author | : Daniel Rück |
| Publisher | : UBC Press |
| Total Pages | : 336 |
| Release | : 2021-09-15 |
| Genre | : Law |
| ISBN | : 0774867469 |
As the settler state of Canada expanded into Indigenous lands, settlers dispossessed Indigenous people and undermined their sovereignty as nations. One site of invasion was Kahnawà:ke, a Kanien’kehá:ka community and part of the Rotinonhsiónni confederacy. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; the establishment of modern Kahnawà:ke in the context of French imperial claims; intensifying colonial invasions under British rule; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. What Daniel Rück describes is an invasion spearheaded by bureaucrats, Indian agents, politicians, surveyors, and entrepreneurs. This original, meticulously researched book is deeply connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.
| Author | : Bradley Miller |
| Publisher | : University of Toronto Press |
| Total Pages | : 300 |
| Release | : 2016-10-27 |
| Genre | : History |
| ISBN | : 1487512848 |
From 1819 to 1914, governments in northern North America struggled to deal with crime and criminals migrating across the Canadian-American border. Limited by the power of territorial sovereignty, officials were unable to simply retrieve fugitives and refugees from foreign territory. Borderline Crime examines how law reacted to the challenge of the border in British North America and post-Confederation Canada. For nearly a century, officials ranging from high court judges to local police officers embraced the ethos of transnational enforcement of criminal law. By focusing on common criminals, escaped slaves, and political refugees, Miller reveals a period of legal genesis where both formal and informal legal regimes were established across northern North America and around the world to extradite and abduct fugitives. Miller also reveals how the law remained confused, amorphous, and often ineffectual at confronting the threat of the border to the rule of law. This engrossing history will be of interest to legal, political, and intellectual historians alike.
| Author | : Dennis G. Molinaro |
| Publisher | : University of Toronto Press |
| Total Pages | : 348 |
| Release | : 2017-01-01 |
| Genre | : History |
| ISBN | : 1442629584 |
An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike.
| Author | : Lori Chambers |
| Publisher | : University of Toronto Press |
| Total Pages | : 535 |
| Release | : 2024-10-01 |
| Genre | : History |
| ISBN | : 1487534000 |
In the more than two decades since the publication of Ontario Since Confederation: A Reader, Ontario, Canada, North America, and the world have experienced a whirlwind of profound changes. This new edition brings together leading scholars to present a new and expansive view of Ontario’s social, political, and economic history. Building on the strengths of the first edition, the second edition reflects on the dramatic changes in historical practice and understanding that have marked the last two decades. Taking a chronological approach and broadening the theme of state and society, the book explores important topics such as the environment, gender, continentalism, urban growth, and Indigenous issues. This timely update to Ontario Since Confederation features new and revised chapters, as well as new discussion questions designed to stimulate and guide readers to make connections between and across the entire book. Bringing together a wide range of perspectives, approaches, and frameworks, Ontario Since Confederation sheds light on historical changes in Canada’s most populous province across more than one and a half centuries.
