"Race," rights and the law in the Supreme Court of Canada : historical case studies
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書誌事項
"Race," rights and the law in the Supreme Court of Canada : historical case studies
Osgoode Society for Canadian Legal History : Wilfrid Laurier University Press, c1997
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Includes bibliographical references and index
内容説明・目次
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ISBN 9780889202894
内容説明
Four cases in which the legal issue was "race" -- that of a Chinese restaurant owner who was fined for employing a white woman; a black man who was refused service in a bar; a Jew who wanted to buy a cottage but was prevented by the property owners' association; and a Trinidadian of East Indian descent who was acceptable to the Canadian army but was rejected for immigration on grounds of "race" -- drawn from the period between 1914 and 1955, are intimately examined to explore the role of the Supreme Court of Canada and the law in the racialization of Canadian society. With painstaking research into contemporary attitudes and practices, Walker demonstrates that Supreme Court Justices were expressing the prevailing "common sense" about "race" in their legal decisions. He shows that injustice on the grounds of "race" has been chronic in Canadian history, and that the law itself was once instrumental in creating these circumstances. The book concludes with a controversial discussion of current directions in Canadian law and their potential impact on Canada's future as a multicultural society.
目次
Table of Contents for "Race," Rights and the Law in the Supreme Court of Canada: Historical Case Studies by James W.St.G. Walker Foreword Preface Acknowledgments Invitation Chapter 1: Orientation "Race" and the Law Approaching the Bench Approaching the Past Chapter 2: Quong Wing v. The King The Legislation The Chinese Problem Restriction and Regulation Litigation Defending the Family The Moral Crusade Chinese Response Quong Wing and Quong Sing Quong Wing v. the King Explanations Quong Wing as Precedent Chapter 3: Christie v. York Corporation The Incident "Jim Crow" in Canada The Montreal Community Issues and Initiatives La Question de la Liberté In the Supreme Court of Canada Aftermath Christie as Precedent Chapter 4: Noble and Wolf v. Alley Exclusive Clientele Counter Attack Principles and Policies The Public Interest Preparing for the Supreme Court of Canada Noble and Wolf v. Alley Noble and Wolf as Precedent Chapter 5: Narine-Singh v. Attorney General of Canada "Race" and Immigration Restrictive Tradition South Asian Immigration Rehearsal: Narain Singh and Munshi Singh West Indian Immigration Policy Shifts, 1945-52 The Immigration Act, 1952 Campaign for Immigration Reform The Inevitable: Harry Singh in the Ontario Courts Anticlimax: The Supreme Court of Canada Confirmation Chapter 6: Implications "Race" and "Race Relations" Legal Sensibility Historical Study Afterword Directions in Public Policy Apprehensions Reflections Index
- 巻冊次
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: [pbk.] ISBN 9780889203068
内容説明
Four cases in which the legal issue was ""race"" - that of a Chinese restaurant owner who was fined for employing a white woman; a black man who was refused service in a bar; a Jew who wanted to buy a cottage but was prevented by the property owners' association; and a Trinidadian of East Indian descent who was acceptable to the Canadian army but was rejected for immigration on grounds of ""race"" - drawn from the period between 1914 and 1955, are intimately examined to explore the role of the Supreme Court of Canada and the law in the racialization of Canadian society. With painstaking research into contemporary attitudes and practices, Walker demonstrates that Supreme Court Justices were expressing the prevailing ""common sense"" about ""race"" in their legal decisions. He shows that injustice on the grounds of ""race"" has been chronic in Canadian history, and that the law itself was once instrumental in creating these circumstances. The book concludes with a controversial discussion of current directions in Canadian law and their potential impact on Canada's future as a multicultural society.
目次
""Race,"" Rights and the Law in the Supreme Court of Canada: Historical Case Studies by James W.St.G. Walker
Foreword
Preface
Acknowledgments
Invitation
Chapter 1: Orientation
""Race"" and the Law
Approaching the Bench
Approaching the Past
Chapter 2: Quong Wing v. The King
The Legislation
The Chinese Problem
Restriction and Regulation
Litigation
Defending the Family
The Moral Crusade
Chinese Response
Quong Wing and Quong Sing
Quong Wing v. the King
Explanations
Quong Wing as Precedent
Chapter 3: Christie v. York Corporation
The Incident
""Jim Crow"" in Canada
The Montreal Community
Issues and Initiatives
La Question de la Liberte
In the Supreme Court of Canada
Aftermath
Christie as Precedent
Chapter 4: Noble and Wolf v. Alley
Exclusive Clientele
Counter Attack
Principles and Policies
The Public Interest
Preparing for the Supreme Court of Canada
Noble and Wolf v. Alley
Noble and Wolf as Precedent
Chapter 5: Narine-Singh v. Attorney General of Canada
""Race"" and Immigration
Restrictive Tradition
South Asian Immigration
Rehearsal: Narain Singh and Munshi Singh
West Indian Immigration
Policy Shifts, 1945-52
The Immigration Act, 1952
Campaign for Immigration Reform
The Inevitable: Harry Singh in the Ontario Courts
Anticlimax: The Supreme Court of Canada
Confirmation
Chapter 6: Implications
""Race"" and ""Race Relations""
Legal Sensibility
Historical Study
Afterword
Directions in Public Policy
Apprehensions
Reflections
Index
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