Foreword Acknowledgments 1. Introduction Part One: The Law and Legal Institutions 2. The Constitution: Confederation, The British North America Act, and Post-1867 Developments The Making of Confederation. A Very Brief Survey The BNA Act: The Senate The BNA Act: The Division of Powers The BNA Act: The Judiciary Provisions The BNA Act: Disallowance A Constitution Similar in Principle: Canadianizing the Crown? The Meaning of Dominion: Imperial and International Questions Extending Confederation: British Columbia, Prince Edward Island, Alberta, Saskatchewan, and the North The Courts and the Remaking of the Division of Powers The Demise of Disallowance in the Era of Provincial Rights 3. Creating and Staffing the Dominion Court System Establishing and Integrating Court Systems in the West The Founding and Early Decades of the Supreme Court of Canada Provincial Courts of Appeal The Fusion of Common Law and Equity Professional County and District Courts Lower Courts and Specialised Courts Judicial Numbers and Remuneration Judicial Appointments Public Perceptions of the Judiciary and Judicial Scandals 4. Sources of Law: Statutes, Codes, and Case Law Federal and Provincial Statutory Revisions Federal and Provincial Statutes: Cross-Border Borrowings Case Law The Civil Code of Lower Canada The Civil Code: Structure and Scope The Civil Code: Reform and Amendment 5. The Civil Law: A Mixed Legal System in Confederation Family Law Obligations Employers Liability for Workplace Injuries Property 6. The Legal Professions, Legal Education, and Legal Literature The Emergence of the Large Law Firm Lawyers and Business Practices University Legal Education Legal Literature Professional Governance: The Canadian Model Established Towards Diversity? Part Two: Indigenous Peoples and Dominion Law 7. Canadian Law and Indigenous Peoples I: The Metis, the Numbered Treaties, British Columbia, and The Rebellion The Metis, the Red River Resistance, and the Founding of Manitoba The Numbered Treaties, 18711907 British Columbia: Federal-Provincial Disputes over Indigenous Title The 1885 Rebellion and the Criminal Law The Trial and Execution of Louis Riel 8. Canadian Law and Indigenous Peoples II: The Indian Act, the Reserve System, and Assimilation Enfranchisement The Law and Practice of Reserve Protection External and Internal Governance of Indigenous Reserves The Criminalization of Cultural and Religious Practices 9. Canadian Law and Indigenous Peoples III: The Origins and Expansion of the Residential School System The School System for Indigenous People, 18671883 The Origins and Growth of the Residential School System to 1900 The Operation of Residential Schools Why Were Residential Schools Not Abolished or Drastically Reformed? 10. Indigenous Law and European Law: Adaptation, Resistance, Avoidance The Gitxsan Kahnawa:ke The Six Nations The Metis Marriage Part Three: Areas of Law 11. Law and the Economy: Corporate and Commercial Law Corporation Law: General Incorporation Corporation Law: Special Act Incorporations Debtor-Creditor Law: Imprisonment for Debt, Bankruptcy, and Insolvency The Regulatory State: Banking, Mining, Railways 12. Criminal Justice: Criminal Law, Criminal Procedure, and Punishment Making a National Criminal Law Criminal Procedure: Introduction and the Northwest Territories Criminal Procedure: The Decline of Juries Criminal Procedure: Trial and Appeal Rights Imprisonment: The Federal Penitentiary System Capital Punishment General Capital Punishment: Women and Indigenous Peoples 13. Labour and Employment Law Employment Law: Master and Servant Labour Law: Trade Unions and Workplace Dispute Resolution State Intervention in Labour Law: Arbitration and Conciliation Workplace Health and Safety Compensation for Workplace Injuries 14. Property Law Metis Land Rights in Manitoba Homestead Settlements: The Canada Land Survey, the Dominion Lands Act, and Provincial Homestead Laws Title Registration: The Torrens System Resolving the Prince Edward Island Land Question Expropriation Land Use Planning and Regulation: Public and Private Law Nuisance: The Shifting Boundary between Public and Private Law Succession Law Part 4: Less Favoured by Law 15. Women, the Family, and the Law Married Womens Property in Common Law Provinces Divorce Law, Divorce Courts and the Sanctity of Marriage Parliamentary Divorce Child Custody in Common Law Provinces 16: Civil Rights and Minorities The Chinese and Japanese in British Columbia: Discriminatory Legislation, International Relations, and the Courts and the Rule of Law Provincial and Federal Asian Exclusion Acts Anti-Chinese Legislation in Other Provinces: White Womens Labour Laws South Asians: Indirect Exclusion and the Empire Black Canadians Rekindling an Old Fire: Religious and Linguistic Minorities 17. Conclusion Abbreviations Notes Index
