Essays in the History of Canadian Law, Volume X : A Tribute to Peter N. Oliver

Written to honour the life and work of the late Peter N. Oliver, the distinguished historian and editor-in-chief of the Osgoode Society for Canadian Legal History from 1979-2006, this collection assembles the finest legal scholars to reflect on the issues in and development of the field of legal history in Canada. Covering a broad range of topics, this volume examines developments over the last two hundred years in the legal profession and the judiciary, nineteenth-century prison history, as well as the impact of the 1815 Treaty of Paris. The introduction also provides insight into the history of the Osgoode Society and of Oliver's essential role in it, along with an illuminating analysis of the Society's publications program, which produced sixty-six books during his tenure. A fitting tribute to one of the foremost legal historians, this tenth volume of Essays in the History of Canadian Law is a significant contribution to the discipline to which Oliver devoted so much. Contents 7 Foreword 11 Introduction Peter Oliver and the Osgoode Society for Canadian Legal History 13 Part One. Criminal Justice: Law, Policy, and the Limits of the Criminal Sanction 45 1. Rape in the House of Commons: The Prosecution of Louis Auger, Ottawa, 1929 45 2. Wardens and Prisoners: Aspects of Prison Culture in Ontario, 1874–1914 79 3. ‘Perverts a Menace’: The Development of the Criminal Sexual Psychopath Offence, 1948 119 4. The Law of Rules: Prosecuting Railway Workers in Mid-Nineteenth-Century Ontario 141 Part Two. The Judiciary: Ideology, Legitimacy, and Politics 181 5. Politics, Promotion, and Professionalism: Sir Wilfrid Laurier’s Judicial Appointments 181 6. ‘High above the Generality of the People’: The Ideological Origins of the Nova Scotia Supreme Court Circuit 212 7. Judicial Scandal and the Culture of Patronage in Early Confederation, 1867–78 234 Part Three. Legal Thought and the Legal Profession: Contested Conceptions of Law and Lawyers 269 8. Strategic Benthamism: Rehabilitating United Canada’s Bar through Criminal Law Codification, 1847–54 269 9. The Rule of Law and Irish Whig Constitutionalism in Upper Canada: William Warren Baldwin, the ‘Irish Opposition,’ and the Volunteer Connection 332 Part Four. New Directions in Legal History – Private Law, International Law, Low Law, and Informal Law 365 10. Diplomacy, International Law, and Foreign Fishing in Newfoundland, 1814–30: Revisiting the 1815 Treaty of Paris and the 1818 Convention 365 11. Social Workers, Courts, and the Implementation of the Children of Unmarried Parents Act, 1921–69 400 12. The David Fasken Estate: Estate Planning and Social History in Early Twentieth-Century Ontario 422 13. Squatters’ Rights and the Origins of Edmonton Settlement 458 Contributors 481 Introduction: Peter Oliver and the Osgoode Society of Canadian Legal History / Jim Phillips, R. Roy McMurtry, and John T. Saywell Rape in the House of Commons: the prosecution of Louis Auger, Ottawa, 1929 / Constance Backhouse Wardens and prisoners: apsects of prison culture in Ontario, 1974-1914 / Jospeh Ashley Berkovits 'Perverts a menace': the development of the criminal sexual psychopath offence, 1948 / Patrick Brode The law of rules: prosecuting railway workers in mid-nineteenth-century Ontario / Paul Craven Politics, promotion, and professionalism: Sir Wilfrid Laurier's judicial appointments / Philip Girard 'High above the generality of the people': the ideological origins of the Nova Scotia Supreme Court circuit / Jim Phillips Judicial scandal and the culture of patronage in early confederation, 1867-78 / Jonathan Swainger Strategic Benthamism: rehabilitating United Canada's Bar through criminal law codification, 1847-54 / G. Blaine Baker The rule of law and Irish whig constitutionalism in Upper Canada: William Warren Baldwin, the 'Irish opposition, ' and the volunteer connection / John McLaren Diplomacy, international law, and foreign fishing in Newfoundland, 1814-30: revisiting the 1815 Treaty of Paris and the 1818 convention / Rainer Baehre Social workers, courts, and the implementation of the Children of Unmarried Parents Act, 1921-69 / Lori Chambers The David Fasken estate: estate planning and social history in early twentieth-century Ontario / C. Ian Kyer Squatters' rights and the origins of Edmonton settlement / Bruce Ziff and Sean Ward.

Written to honour the life and work of the late Peter N. Oliver, the distinguished historian and editor-in-chief of the Osgoode Society for Canadian Legal History from 1979-2006, this collection assembles the finest legal scholars to reflect on the issues in and development of the field of legal history in Canada.

Covering a broad range of topics, this volume examines developments over the last two hundred years in the legal profession and the judiciary, nineteenth-century prison history, as well as the impact of the 1815 Treaty of Paris. The introduction also provides insight into the history of the Osgoode Society and of Oliver's essential role in it, along with an illuminating analysis of the Society's publications program, which produced sixty-six books during his tenure.

A fitting tribute to one of the foremost legal historians, this tenth volume of Essays in the History of Canadian Law is a significant contribution to the discipline to which Oliver devoted so much.