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James W. St. G. Walker - Race, Rights and the Law in the Supreme Court of Canada: Historical Case Studies

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Race, Rights and the Law in the Supreme Court of Canada: Historical Case Studies: summary, description and annotation

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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 Canadas future as a multicultural society.

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title Race Rights and the Law in the Supreme Court of Canada - photo 1

title:"Race," Rights and the Law in the Supreme Court of Canada : Historical Case Studies
author:Walker, James W. St. G.
publisher:Wilfrid Laurier University Press
isbn10 | asin:0889203067
print isbn13:9780889203068
ebook isbn13:9780585337296
language:English
subjectRace discrimination--Law and legislation--Canada--Cases, Race discrimination--Law and legislation--Canada--History--20th century, Canada.--Supreme Court.
publication date:1997
lcc:KE4395.W34 1997eb
ddc:342.71/0873
subject:Race discrimination--Law and legislation--Canada--Cases, Race discrimination--Law and legislation--Canada--History--20th century, Canada.--Supreme Court.
Page i
"Race," Rights and the Law in the Supreme Court of Canada
Historical Case Studies
Page ii
PATRONS OF THE OSGOODE SOCIETY
Aird & Berlis
Blake, Cassels & Graydon
Borden & Elliot
Davies, Ward & Beck
Gowling, Strathy & Henderson
McCarthy Ttrault
Osler, Hoskin & Harcourt
The Harweg Foundation
Tory Tory DesLauriers & Binnington
Weir & Foulds
BENEFACTORS OF THE SOCIETY
Bastedo Stewart Smith
Roger T. Hughes, Q.C.
The Society also thanks The Law Foundation of Ontario and the Law Society of Upper Canada for their continuing support.
Page iii
"Race," Rights and the Law in the Supreme Court of Canada
Historical Case Studies
James W. St. G. Walker
Page iv 1997 The Osgoode Society for Canadian Legal History and Wilfrid - photo 2
Page iv
1997 The Osgoode Society for Canadian Legal History
and Wilfrid Laurier University Press
Printed in Canada
ISBN 0-88920-306-7
Picture 3
Printed on acid-free paper
Cover design by Leslie Macredie using a photograph of the Gibson Block, Edmonton, Alberta. The photograph shows the building as it still existed when it was photographed by Peter Macklon in the late 1970s or 1980.
Canadian Cataloguing in Publication Data
Walker, James W. St. G., 1940
"Race," rights and the law in the Supreme Court of Canada
Co-published by the Osgoode Society for Canadian
Legal History.
Includes index.
ISBN 0-88920-306-7 (pbk.)
1. Race discrimination Law and legislation
Canada Cases. 2. Race discrimination
Law and legislation Canada History 20th
century. 3. Canada. Supreme court. I. Osgoode
Society for Canadian Legal History. II. Title.
KF4395.W34 1997 342.71'0873 C97-931762-2
KF4483.C58W34 1997
This book has been published with the help of a grant from the Humanities and Social Sciences Federation of Canada, using funds provided by the Social Sciences and Humanities Research Council of Canada.
Page v
Contents
Foreword
vii
Preface
ix
Acknowledgments
xi
Invitation
3
Chapter 1
Orientation
12
Picture 4
1. "Race" and the Law
12
Picture 5
2. Approaching the Bench
32
Picture 6
3. Approaching the Past
36
Chapter 2
Quong Wing v. The King
51
Picture 7
1. The Legislation
51
Picture 8
2. The Chinese Problem
56
Picture 9
3. Restriction and Regulation
67
Picture 10
4. Litigation
72
Picture 11
5. Defending the Family
78
Picture 12
6. The Moral Crusade
83
Picture 13
7. Chinese Response
87
Picture 14
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