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Friday, August 7, 2015

Smith on History of Intestate Succession in Quebec on SSRN


Lionel Smith has posted "Intestate Succession in Quebec" on SSRN. The essay will appear in Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann (eds), Comparative Succession Law, volume II: Intestate Succession (Oxford University Press, 2015)

Here's the abstract:

When Quebec became part of the British Empire, its private law was the Custom of Paris. By the Quebec Act 1774, this customary law was retained with the important exception that full freedom of testation was granted. The customary law continued to apply, including for intestate succession, until 1866, long after it had ceased to operate in France. In that year the Civil Code of Lower Canada came into force; for intestate succession, a system based on that of the French Civil Code was adopted. This system was modified only slightly with the coming into force in 1994 of the Civil Code of Québec.

This paper traces the evolution of the law of intestate succession in Quebec up to the modern day, touching also on the different intestacy rules that may apply to First Nations people living in the province.

Thursday, August 6, 2015

Osgoode Society legal history workshop--final fall schedule with room information



OSGOODE SOCIETY LEGAL HISTORY WORKSHOP

FALL TERM, 2015

All sessions are at 6.30 p.m., in Northrop Frye 119. The Northrop Frye Building is immediately to the south of the main Victoria College Building, across from the law school. Museum subway stop, take the east exit.  Here's a map.

Wednesday September 23 – Brian Young, McGill University: ‘Law, landed families, and intergenerational issues in nineteenth-century Quebec.’

Wednesday October 7 – Ian Kyer: ‘The Canada Deposit Insurance Act of 1967: a Federal Response to a Constitutional Quandry.’

Wednesday October 21 – Paul Craven, York University:  ‘The 'Judges Clause': Judges as Labour Arbitrators, 1910-1970.’

Wednesday November 4 – David Fraser, University of Nottingham: ‘ “Honorary Protestants”: The Jewish School Question in Montreal, 1867-1997.’

(Thursday November 5 – Osgoode Society Annual Book Launch, Osgoode Hall)

Wednesday November  18 – Jacqueline Briggs, University of Toronto: ‘R. v. Jonathan: A Case in Context Study'

Wednesday December 2 – Jim Phillips, University of Toronto: ‘A History of Law in Canada, 1815-1850.’

Wednesday, August 5, 2015

Perrault,"'Sans honte et sans regret': Les chemins de traverse entre le pénal et le psychiatrique dans les cas d’aliénation criminelle à Montréal, 1920–1950"


Isabelle Perrault has published "« Sans honte et sans regret » : Les chemins de traverse entre le pénal et le psychiatrique dans les cas d’aliénation criminelle à Montréal, 1920–1950" in Canadian Bulletin of Medical History/Bulletin Canadien d'histoire de la medicine.

Abstract:

C’est le Dr Daniel Plouffe, psychiatre responsable des cas de transferts de femmes de la Prison des femmes Fullum à l’Hôpital Saint-Jean-de-Dieu et du traitement des hommes internés à l’Hôpital pour aliénés criminels de la Prison de Bordeaux, qui est en charge de l’évaluation des aliénés criminels entre 1920 et 1950. À l’aide des dossiers de patients internés à l’Hôpital Saint-Jean-de-Dieu, cet article propose une analyse des comportements criminels et, surtout, des indices permettant aux nouveaux experts de statuer sur l’état mental de la personne lors du crime. Assauts, vagabondage, prostitution, pyromanie, violence,et vols sont quelques-uns des comportements inscrits au dossier qui ont déclenché le processus judiciaire de mise à l’écart et, par la suite, de psychiatrisation. 
Ces dossiers serviront à illustrer les lentes mais fructueuses tentatives des médecins légistes et psychiatres qui ont exercé des pressions pour la reconnaissance de ce champ d’expertise où on entend traiter plutôt que punir les criminels mentalement dérangés.

Dr Daniel Plouffe, the psychiatrist in charge of women’s transfers from the Fullum Women Prison to Saint-Jean-de-Dieu Hospital and of men’s incarceration at Bordeaux Hospital for the Insane, was, more generally, the one who evaluated the criminally insane between 1920 and 1950. Using records of patients committed to Saint-Jean-de-Dieu Hospital, this article provides an analysis of criminal behaviour and, most importantly, of signs on which new experts could decide the mental state (mind) of a person during a crime. Assault, vagrancy, prostitution, arson, violence, and theft are some of the behaviours noted in the records that triggered the judicial process leading to the segregation of individuals and subsequently, to their receiving a psychiatric diagnosis.
These cases serve to illustrate the slow but successful attempts of forensic psychiatrists who lobbied for the recognition of this field of expertise and who intended to treat rather than punish criminals who were recognized as mentally disturbed.

Thursday, July 16, 2015

Call for Applications: Tenure stream position, U of T Centre for Criminology and Socio-legal Studies



Job Field: Tenure Stream
Faculty / Division: Faculty of Arts and Science
Department: Centre for Criminology and Sociolegal Studies
Campus: St. George (downtown Toronto)
Job Posting: 30 June 2015
Job closing: 15 September 2015
Description
The Centre for Criminology and Sociolegal Studies in the Faculty of Arts and Science at the University of Toronto invites applications for a tenure stream appointment in the area of Criminology or Sociolegal Studies. The appointment will be at the rank of Assistant Professor and will commence on July 1, 2016. Research and teaching expertise in the area of criminal justice, either in a domestic or international context is preferred.
The Centre for Criminology and Sociolegal Studies is internationally renowned for the study of law, crime, order, and security from a variety of disciplinary perspectives and theoretical approaches. With backgrounds in sociology, history, law, anthropology, psychology, philosophy, and political science, faculty are actively engaged in Canadian and international criminological research and teaching. We welcome applications from scholars from those and other relevant backgrounds.
The successful candidate will teach in both the undergraduate and graduate programs and they will be expected to develop an independently funded program of research. Candidates must be able to teach a selection of courses in criminology, and law and society, and must have strong communication skills as well as demonstrated success in developing students’ mastery of a subject and of the latest developments in the field.
Applicants must have earned a PhD in criminology, law, or a cognate social science discipline by the date of appointment, or shortly thereafter, and must have a demonstrated record of excellence in teaching and research. Evidence of excellence in teaching will be demonstrated by letters of reference, teaching evaluations, dossier and/or syllabi submitted as part of the application. Candidates also must have strong evidence of research of an internationally competitive caliber, demonstrated by publications in leading journals in the relevant field, presentations at significant conferences, awards and accolades, and strong endorsements by referees.
Salary will be commensurate with qualifications and experience.
Applications should include a cover letter, curriculum vitae, as well as research and teaching statements. If you have any questions about this position, please contact crim.admin@utoronto.ca. All application materials should be submitted online.
Applicants should also ask three referees to send letters directly to the department via email to: crim.admin@utoronto.caby 15 September 2015.
Submission guidelines can be found at: http://uoft.me/how-to-apply. We recommend combining documents into one or two files in PDF/MS Word format.
For further information on the Centre for Criminology and Sociolegal Studies, please visit our website atwww.criminology.utoronto.ca.
The University of Toronto is strongly committed to diversity within its community and especially welcomes applications from visible minority group members, women, Aboriginal persons, persons with disabilities, members of sexual minority groups, and others who may contribute to the further diversification of ideas.
All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be given priority.

Osgoode Society Legal History Workshop Fall 2015 Schedule

Mark these dates (or those you are interested in)  if you are likely to be in the Toronto Region.
Information regarding location to follow. All sessions start 6:30 p.m.

OSGOODE SOCIETY LEGAL HISTORY WORKSHOP

FALL TERM, 2015


Wednesday September 23 – Brian Young, McGill University: ‘Law, landed families, and intergenerational issues in nineteenth-century Quebec.’

Wednesday October 7 – Ian Kyer: ‘The Canada Deposit Insurance Act of 1967: a Federal Response to a Constitutional Quandary.’

Wednesday October 21 – Paul Craven, York University:  ‘The 'Judges Clause': Judges as Labour Arbitrators, 1910-1970.’

Wednesday November 4 – David Fraser, University of Nottingham: ‘ “Honorary Protestants”: The Jewish School Question in Montreal, 1867-1997.’

(Thursday November 5 – Osgoode Society Annual Book Launch, Osgoode Hall)

Wednesday November  18 – Jacqueline Briggs, University of Toronto: ‘R. v. Jonathan: A Case in Context Study'

Wednesday December 2 – Jim Phillips, University of Toronto: ‘A History of Law in Canada, 1815-1850.’


Thursday, June 18, 2015

Prize Winners announced at Osgoode Society AGM

This evening at the Osgoode Society's annual general meeting, three prizes were awarded.

For the Peter Oliver Prize for the best published writing by a student, we have co-winners.

Edward Cavanagh is a PhD student in history at the University of Ottawa and a former McMurtry Fellow.  Tyler Wentzell graduated in 2014 from the University of Toronto Law School.

The articles for which they were awarded the prize are:

Edward Cavanagh,  ‘Possession and Dispossession in Corporate New France, 1600-1663: Debunking a “Juridical History” and Revisiting Terra Nullius,’ 2014 32 Law and History Review 97

Tyler Wentzell, ‘The Court and the Cataracts:  The Creation of the Queen Victoria Niagara Falls Park and the Ontario Court of Appeal,’ (2014) 106 Ontario History 100

The R. Roy McMurtry Fellowship in Canadian Legal History was awarded to Elizabeth Koester.  

Elizabeth holds an LLB from the University of Toronto and was a partner with McCarthys for some years.  She has returned to academe and is pursuing a doctorate at the Institute for the History and Philosophy of Science and Technology at the University of Toronto, where her dissertation will focus on law and eugenics in Ontario, 1900-1939.

Finally, the winner of the John T. Saywell Prize in Constitutional Legal History (awarded in alternate years) is Hakeem O. Yusuf, Reader in Law and Public Policy at the University of Strathclyde Glasgow, for his book Colonial and Post-Colonial Constitutionalism in the Commonwealth:  Peace, Order and Good Government, published by Routledge last year. Dr. Yusuf considers the interpretation of and experience with POGG in Canada, Australia, Nigeria and the UK itself, but the Canadian experience is in many ways the heart of the book.  By putting POGG into a broader imperial context, Dr. Yusuf has brought new insights to a topic that Canadian legal and constitutional historians have studied almost obsessively.  

Congratulations to all four prize winners.