Time Immemorial

The Guibord Affair pitted ultramontane church officials against the liberal Institut canadien in a dispute over Joseph Guibord's Catholic burial.Sources:Lovell Clark, The Guibord Affair (Toronto: 1974)

Today we explore the history of McGill University's Chancellor Day Hall, and the fascinating history behind its original owners: the Rosses.

Today we dig into the law of divorce in Canada in the 19th and 20th centuries. We examine the case of Robert and Eliza Campbell, whose dramatic story captured the attention of turn-of-the-century Canadians.Secondary sources:Jim Phillips, Philip Girard, R. Blake Brown, A History of Law in Canada, Volume Two: Law for a New Dominion, 1867-1914 (Toronto: 2022)

Today we explore the life of Richard Burdon Haldane, 1st Viscount Haldane, a member of the Judicial Committee of the Privy Council and an author of some of Canada's most important early constitutional cases.Secondary sources: John T. Saywell, The Law Makers: Judicial Power and the Shaping of Canadian Federalism (Toronto: 2002)Frederick Vaughan, Viscount Haldane: "The Wicked Stepfather of the Canadian Constitution" (Toronto: 2010)

Today we discuss a famous Toronto jury case from the turn of the century: the "Massey Murder."Sources: Charlotte Gray, The Massey Murder: A Maid, Her Master And The Trial That Shocked A Nation (Toronto: 2013).

Today we dive into the history of Ontario's highest court: the Court of Appeal for Ontario. Sources: The Court of Appeal for Ontario: Defining the Right of Appeal, 1792-2013, by Christopher Moore, available on the Osgoode Society website.

Today's episode is about the history of one of Canada's largest law firms - Fasken Martineau DuMoulin LLP. Secondary Sources: C. Ian Kyer, Lawyers, Families, and Businesses: The Shaping of a Bay Street Law Firm, Faskens 1863-1963 (Toronto: 2013).

Today we discuss Ivan Rand, one of the most influential jurists in Canadian history. Sources: William Kaplan, Canadian Maverick: The Life and Times of Ivan Rand (Toronto: 2009), available for purchase on the Osgoode Society website.

Today we look at Canada's treatment of Chinese and Japanese Canadians during the Second World War. Sources: Patricia Roy, The Triumph of Citizenship: The Japanese and Chinese in Canada, 1941-67 (Vancouver: UBC Press, 2008).

Today we discuss discuss the Canadian government’s discriminatory treatment of Chinese immigrants from the late 19th century to the mid 20th century, and the legal fights that followed. Secondary sources: David Dyzenhaus and Mayo Moran, eds., Calling Power to Account: Law, Reparations, and the Chinese Canadian Head tax (Toronto: University of Toronto Press, 2005).

We talk about the Persons Case, a 1929 Canadian constitutional case that decided women were "qualified persons" within the meaning of the British North America Act. Sources for this episode: Robert Sharpe and Patricia McMahon, The Persons Case: The Origins and Legacy of the Fight for Legal Personhood (Toronto: 2007).

Dalhousie Law School was the first "university law school" in the British Empire, and became a model for legal education in Canada. We dig into what made it so innovative. Key sources for this episode: John Willis, A History of Dalhousie Law School (Toronto: University of Toronto Press, 1979)

Today we discuss the trial of Kurt Meyer, a German SS officer accused of murdering Canadian soldiers during the Second World War. Secondary sources : Patrick Brode, Casual Slaughters and Accidental Judgments: Canadian War Crimes Prosecutions, 1944-1948 (Toronto: 1997), available for purchase on the Osgoode Society website.

Today's episode is about the R.D.S. case and the treatment of racism in Canada's courts. Key secondary sources for this episode: Constance Backhouse, Reckoning with Racism: Police, Judges, and the RDS Case (Vancouver: UBC Press, 2022) - available for purchase on the Osgoode Society website.

Today we welcome guest host Nicole Spadotto to the podcast to discuss Douglas Abbott, the last overtly "political" Supreme Court of Canada appointee, and a committed Parliamentarian. Sources for today's episode: Ian Bushnell, The Captive Court: A Study of the Supreme Court of Canada (Montreal: McGill-Queen's University Press, 1992). Peter McCormick, Supreme at Last: The Evolution of the Supreme Court of Canada (Toronto: Lorimer, 2000)

Today we dig into the case of Evelyn Dick, an Ontario woman who stood trial for the murders of her husband and child. The case was a cause célèbre in the 1940s, and it highlights how criminal trials used to work in Canada before the enactment of the Charter of Rights and Freedoms. Key secondary source for this episode: George Finlayson J.A., John J. Robinette: Peerless Mentor: An Appreciation. (Toronto: Dundurn Press, 2003) - available for purchase on the Osgoode Society website.

Today we explore the history of the Labrador border dispute - one of the longest-running disputes between the Canadian provinces. It goes back to the earliest days of European settlement, and still simmers today. A helpful map of Labrador can be found here, for reference.

F.R. Scott is one of Canada's most celebrated 20th century legal thinkers and civil libertarians. Today we explore his life and contributions, including his involvement in the landmark case Roncarelli v. Duplessis. Key secondary sources for this episode: Sandra Djwa, The Politics of the Imagination: A Life of F.R. Scott (McClelland & Stewart, 1987)  R.C.B. Risk, A History of Canadian Legal Thought (Toronto: University of Toronto Press, 2006) - available for purchase on the Osgoode Society website.

Today's episode is about John Anderson, an enslaved man charged with killing someone during his escape to Canada. His extradition case set off a political firestorm, with ramifications for Canada's place within the British Empire, and its commitment to anti-slavery ideals. Today's episode was recorded "on location," in the courtroom of Osgoode Hall where Mr. Anderson's case was heard. A huge thanks to the staff of Osgoode Hall for helping to make today's episode happen. Key secondary sources for this episode: Patrick Brode, The Odyssey of John Anderson (Toronto: University of Toronto Press, 1989) - available for purchase on the Osgoode Society website.

Today we cover the Gouzenko Affair, the story of a Soviet clerk whose defection to Canada set off an international incident, and marked an important milestone in Canada's constitutional history. Key secondary sources for this episode: Amy Knight, How the Cold War Began (Basic Books, 2007). For more on the Gouzenko affair and state trials in Canada, see the forthcoming Osgoode Society book: J. Barry Wright, Susan Binnie and Eric Tucker, eds., Canadian State Trials Volume V: World War, Cold War and Challenges to Sovereignty, 1939-1990 (Toronto: University of Toronto Press, 2022) - available for purchase on the Osgoode Society website.