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Canadian Law: A History

The vast self-governing dominion created in 1867, with umbilical ties to the British still ongoing, Canada's legal history is rich, state-of-the-art model of freedom and democracy. But as with anything cutting edge, progress has been steady yet slow. These articles bring you to the significant moments of law-making or law-shaping, raw and uncensored.

last updated: Sunday, September 05, 2010

Lescarbot, Marc 1570-1641

French lawyer and New World explorer.

last updated: Monday, March 22, 2010

The Quebec Civil Law Kerfuffle (1763-1774)

What was England thinking when, in 1763, they tried to impose English common law on the proud but defeated French population of Quebec?

last updated: Monday, March 22, 2010

Nova Scotia Separatists (1867)

Yes, folks. Quebec has not been the only province to seek separation! How about Nova Scotia?!

last updated: Sunday, September 05, 2010

A Supreme Court for Canada: Act One (1869)

Achieving an independent supreme court was like taking a bone from a sleeping dog's mouth. Finally, in 1869, Canada saw its chance and tugged....

last updated: Monday, March 22, 2010

The Washington Treaty (1871)

Precursor of international law - Canada-USA varietry, circa 1871, aka the great reciprocity debate.

last updated: Monday, March 22, 2010

Louis Riel Outlawed! (1872)

Louis Riel's flair for the dramatic.

last updated: Monday, March 22, 2010

The Litigation Craze

In 1877, a litigation craze hit quiet Ottawa.

last updated: Monday, March 22, 2010

The Attack on the Orange Order (1884)

1884: The Free-Masons break up a snowy winter.

last updated: Monday, March 22, 2010

Women Suffrage - Act I

In 1885, an MP proves the contrary point the minute he opens his mouth.

last updated: Monday, March 22, 2010

The English-French "Thing" Comes To A Head (1886)

Oh, yeah! Bring it on brother! Laurier flaps his marvelous French-Canadian wings.

last updated: Monday, March 22, 2010

The Jesuits Estates (1889)

Jesuits Estates - a dynamite issue.

last updated: Monday, March 22, 2010

Canada's Criminal Code: A History

It all started in 1892: Canada's criminal law is rooted in the common law of England. The public policy advantages of codification began at the end of the 18th century in England where, in the words of Canadian Federal Court judge Allen Linden, criminal law had evolved into "a bottomless pit of complex case law, petty, anachronistic offences and harsh punishments."

last updated: Monday, March 22, 2010

Women's Suffrage; Act Two (1895)

The exclusive club of male legislators still believed what their forefathers had taught them and also, perhaps, that the earth was flat.

last updated: Monday, March 22, 2010

The Grave Constitutional Question (1896)

That whole "discretion .... valour" thing never comes easy for a political appointee, especially one blessed "majestically".

last updated: Monday, March 22, 2010

Trial By M.P. (1906)

Cinq-Mars, tête-à-claque.

last updated: Monday, March 22, 2010

Chinaman: Racism In Law (1914)

Canada's last sputtering of racist laws.

last updated: Monday, March 22, 2010

The Birth of Income Tax (1917)

A temporary income tax? Wanna buy a bridge?

last updated: Monday, March 22, 2010

A Woman Law-maker (1922)

"She will vindicate the confidence that the last Parliament has reposed in her sex."

last updated: Monday, March 22, 2010

Organized Labour Loses a Battle (1932)

As Canada struggles with organized labour, Canada's chief law-maker, the prime minister, inherits the description "Mussolini is but a child".

last updated: Monday, March 22, 2010

Communists! (1941)

Keeping "very bad" company.

last updated: Monday, March 22, 2010

The War "Referendum" (1941)

Not necessarily conscription, but conscription if necessary.

last updated: Monday, March 22, 2010

1949: A Supreme Court; Act II

Time had come to sever the umbilical cord.

last updated: Saturday, November 14, 2009

The Divorce Blockade (1960)

Difficult divorce: Mrs. Jacqueline Mazurette, to be Ms at a price.

last updated: Wednesday, March 24, 2010

"Make Them All Homos" (1968)

Of "homos" and government and a good dose of utter nonsense.

last updated: Monday, March 22, 2010

The Constitution Comes Home (1980)

A little pain for a lot of gain.

last updated: Monday, March 22, 2010

Charter of Rights and Freedoms (1981)

Finally, in 1982, Canada cut the second last umbilical chord with Great Britain (the last being the Monarchy which continues ...), repatriated the Constitution and wheeled out an all-powerful, made-in-Canada charter of human rights and basic freedoms ... shaking every nook and cranny of Canadian law.

last updated: Monday, March 22, 2010

The Charlottetown Accord (1992)

A bitter personal struggle underscores nation building.

last updated: Monday, March 22, 2010

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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