Essays in the History of Canadian Law, Volume VIII : In Honour of R.C.B. Risk

The collected essays in this volume represent the highlights of legal historical scholarship in Canada today. All of the essays refer back in some form to Risk?s own work in the field. Contents 6 Foreword 10 Acknowledgments 12 Special Acknowledgment 14 Contributors 16 1. Richard C.B. Risk: A Tribute 20 2. R.C.B. Risk’s Canadian Legal History 36 3. ‘Your Conscience Will Be Your Own Punishment’: The Racially Motivated Murder of Gus Ninham, Ontario, 1902 80 4. Ontario Water Quality, Public Health, and the Law, 1880–1930 134 5. ‘The Modern Spirit of the Law’: Blake, Mowat, and the Breaches of Contract Act, 1877 161 6. A Romance of the Lost: The Role of Tom MacInnes in the History of the British Columbia Indian Land Question 190 7. Taking Litigation Seriously: The Market Wharf Controversy at Halifax, 1785–1820 232 8. ‘Our Arctic Brethren’: Canadian Law and Lawyers as Portrayed in American Legal Periodicals, 1829–1911 260 9. Conservative Insurrection: Great Strikes and Deep Law in Cleveland, Ohio, and London, Ontario, 1898–1899 300 10. Gooderham & Worts: A Case Study in Business Organization in Nineteenth-Century Ontario 354 11. The Sacred Rights of Property: Title, Entitlement, and the Land Question in Nineteenth-Century Prince Edward Island 377 12. Race and the Criminal Justice System in British Columbia, 1892–1920: Constructing Chinese Crimes 417 13. Power, Politics, and the Law: The Place of the Judiciary in the Historiography of Upper Canada 462 14. The Criminal Trial in Nova Scotia, 1749–1815 488 15. ‘The Disquisitions of Learned Judges’: Making Manitoba Lawyers, 1885–1931 531 16. The Law of Evolution and the Evolution of the Law: Mills, Darwin, and Late-Nineteenth-Century Legal Thought 580 R.C.B. Risk Bibliography 602 Publications of The Osgoode Society 606

This volume in the Osgoode Society's distinguished series on the history of Canadian law is a tribute to Professor R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority. The fifteen original essays are by notable scholars, some of whom were students of Professor Risk, and represent some of the best and most original work in the area of Canadian legal history. They cover a number of important topics that range from the form of the criminal trial in the eighteenth century, to debates over the meaning of property in the nineteenth, and to lawyer/poet Tom MacInnes's views on the law of aboriginal title in the twentieth century.