Essays in the History of Canadian Law: Volume II

This volume is the second in the Essays in the History of Canadian Law series, designed to illustrate the wide possibilities for research and writing in Canadian legal history. In combination, these volumes reflect the wide-ranging scope of legal history as an intellectual discipline andencourage others to pursue important avenues of inquiry on all aspects of our legal past. Topics include the role of civil courts in Upper Canada; legal education; political corruption; nineteenth-century Canadian rape law; the Toronto Police Court; the Kamloops outlaws and commissions of assize in nineteenth-century British Columbia; private rights and public purposes in Ontario waterways; the origins of workers' compensation in Ontario; and the evolution of the Ontario courts. Contributors include Brendan O'Brien, Peter N. Oliver, William N.T. Wylie, G. Blaine Baker, Paul Romney, Constance B. Backhouse, Paul Craven, Hamar Foster, Jamie Bendickson, R.C.B. Risk, and Margaret A. Banks. Contents 5 Foreword. THE OSGOODE SOCIETY 7 Preface 9 Contributors 13 1. Instruments of Commerce and Authority: The Civil Courts in Upper Canada 1789-1812 15 2. Legal Education in Upper Canada 1785-1889: The Law Society as Educator 63 3. The Ten Thousand Pound Job': Political Corruption, Equitable Jurisdiction, and the Public Interest in Upper Canada 1852-6 157 4. Nineteenth-Century Canadian Rape Law 1800-92 214 5. Law and Ideology: The Toronto Police Court 1850-80 262 6. The Kamloops Outlaws and Commissions of Assize in Nineteenth-Century British Columbia 322 7. Private Rights and Public Purposes in the Lakes, Rivers, and Streams of Ontario 1870-1930 379 8. This Nuisance of Litigation': The Origins of Workers' Compensation in Ontario 432 9. The Evolution of the Ontario Courts 1788-1981 506 Table of Cases 587 Index 589