Ubc Press Law Catalogue 2009-10

Law

09

Law Law and Society Series W. Wesley Pue, General Editor The Law and Society Series explores law as a socially embedded phenomenon. It is premised on the understanding that the conventional division of law from society creates false dichotomies in thinking, scholarship, educational practice, and social life. Books in the series treat law and society as mutually constructing constitutive and seek to bridge scholarship emerging from interdisciplinary engagement of law with disciplines such as politics, social theory, history, political economy, and gender studies.

About UBC Press

Acknowledgments

UBC Press is the publishing imprint of the University of British Columbia. We are Canada’s leading social sciences publisher and its fastest-growing scholarly press.In addition to publishing sixty new books annually, UBC Press distributes books in Canada for over 20 distinguished international publishers. For more details on UBC Press, including our new releases, our complete backlist, our publishing partners, or to order a book, please visit us online at: www.ubcpress.ca.

UBC Press acknowledges the financial support of the Government of Canada through the Book Publishing Industry Development Program (BPIDP); the assistance of the Province of British Columbia through the British Columbia Arts Council and the Humanities and Social Science Federation of Canada (Aid to Scholarly Publications Programme); and the Canada Council for the Arts in grateful recognition of its major contribution to all aspects of Canadian culture.

www.ubcpress.ca

Cover image credit: Jeremy Crowle ©2009

Law • gender studies

Justice Bertha Wilson

One Woman’s Difference Edited by Kim Brooks

Kim Brooks is an associate professor and the H. Heward Stikeman Chair in Tax Law in the Faculty of Law at McGill University. December 2009 368 pages, 6 x 9" 978-0-7748-1732-5 hc $85.00 978-0-7748-1733-2 PB $32.95 (PB, July 2010) Law and Society Series

Table of Contents Acknowledgments Preface / Justice Claire L’Heureux-Dubé An Introduction to One Woman’s Difference / Kim Brooks Part 1: Foundations 1 Bertha Wilson’s Practice Years (1958-75): Establishing a Research Practice and Founding a Research Department in Canada / Angela Fernandez and Beatrice Tice 2 A Traditionalist’s Property Jurisprudence / Larissa Katz 3 Power, Discretion and Vulnerability: Justice Wilson and Fiduciary Duty in the Corporate/Commercial Context / Janis Sarra 4 “[A] Few More Spokes” to the Wheel: Reasonableness, Fairness, and Justice in Justice Bertha Wilson’s Approach to Contract Law / Moira L. McConnell 5 Giving Emotions their Due: Justice Bertha Wilson’s Response to Intangible Loss in Contract / Shannon O’Byrne Part 2: Controversy 6 Picking up Where Justice Wilson Left Off: The Tort of Discrimination Revisited / Elizabeth Adjin-Tettey 7 Paradigms of Prostitution / Janine Benedet 8 Contextualizing Criminal Defences: Exploring the Contribution of Justice Bertha Wilson / Isabel Grant and Debra Parkes 9 “Finally I know Where I am Going to be From”: Culture, Context and Time in a Look Back at Racine v. Woods / Gillian Calder 10 Challenging Patriarchy or Embracing Liberal Norms? Justice Wilson’s Child Custody and Access Decisions / Susan B. Boyd Part 3: Reflections 11 But was she a Feminist Judge? / Beverley Baines 12 “I Agree/Disagree for the Following Reasons”: Convergence, Divergence, and Justice Wilson’s “Modest Degree of Creativity” / Marie-Claire Belleau, Rebecca Johnson, and Christina Vinters 13 A Way of Being in the World / Lorna Turnbull 14 Ideas and Transformation: A Reflection on Bertha Wilson’s Contribution to Gender Equality in the Legal Profession / Melina Buckley 15 Taking a Stand on Equality: Bertha Wilson and the Evolution of Judicial Education in Canada / Rosemary Cairns Way and T. Brettel Dawson 16 Bertha Wilson: “Silences” in a Woman’s Life Story / Mary Jane Mossman Contributors; Index

order online at www.ubcpress.ca

|

Law

1

Law • gender studies

Feminized Justice

The Toronto Women’s Court, 1913-34 Amanda Glasbeek An original and important contribution to existing literature on feminized justice. Not only does the author explore records that have been inadequately examined in the past, she also offers new theoretical insights into these sources. – Lori Chambers, Women’s Studies, Lakehead University In 1913, Toronto launched an experiment in feminist ideals: a woman’s police court. The court offered a separate venue to hear cases that involved women and became a forum where criminalized women – prostitutes, vagrants, alcoholics, and thieves – met and struggled with the meaning of justice.

Amanda Glasbeek is an assistant professor of criminology in the Division of Social Science at York University.

This multifaceted portrait of the court’s business and its people – from its inception by middle-class, maternal feminists to its demise in 1934, from the repeat offender to its controversial magistrate, Margaret Patterson – reveals the experiment’s fundamental contradiction. The court was both a site for feminist adaptations of justice and a court empowered to punish the women who appeared on its docket.

November 2009 240 pages, 6 x 9" 978-0-7748-1711-0 hc $85.00 978-0-7748-1712-7 PB $32.95 (PB, July 2010)

Feminized Justice sheds new light on maternal feminist politics, women and crime, and the role of resistance, agency, and experience in the justice system. It will appeal to general readers and scholars of history, law, women’s studies, and sociology.

Law and Society Series

2

Law

|

Table of Contents Tables, Acknowledgments, Introduction 1 The Toronto Women’s Police Court as an Institution 2 Feminism, Moral Equality, and the Criminal Law: The Women’s Court as Feminized Justice 3 “The badness of their badness when they’re bad”: Women, Crime, and the Court 4 “What chance is there for a girl?” Vagrancy and Theft Charges in the Women’s Court 5 “Up again, Jenny?” Repeat Offenders in the Women’s Court 6 “Can her justice be just?” Margaret Patterson, Male Critics, and Female Criminals, 1922-34 Conclusion Notes, Bibliography, Index

order online at www.ubcpress.ca

Law • politics

A Perilous Imbalance

The Globalization of Canadian Law and Governance Stephen Clarkson and Stepan Wood Canadians have long experience as objects of global forces. Yet they are also agents of globalization, contributing to the emergence of a transnational assemblage of law and governance that is markedly uneven in its attention to – and impacts on – commerce, human welfare, and the environment. A Perilous Imbalance marries political economy with socio-legal analysis to show how law and governance are deployed by various actors to advance globalizing agendas. Its critical interdisciplinary analysis traces the emergence of a global supraconstitution by which transnational corporations and powerful states discipline democratic governance in pursuit of neoconservative economic globalization.

Stephen Clarkson is a professor of political economy at the University of Toronto and a Fellow of the Centre for International Governance Innovation. Stepan Wood is a professor of law at Osgoode Hall Law School, York University. December 2009 304 pages, 6 x 9” 978-0-7748-1488-1 hc $85.00 978-0-7748-1489-8 PB $32.95 (PB, July 2010) Law and Society Series

This work documents the contradictory transformations of the Canadian state as it has retreated from some areas while reasserting itself in others.  It also looks beyond the state and interstate systems to examine governance initiatives involving actors from civil society, business, and government. This book is written for scholars and advanced students of law and politics, as well as the broader policy community. Table of Contents 1 Introduction: Governing Beyond Borders Part I. Canada’s Emerging Supraconstitution 2 The Supraconstitution: A Framework for Analysis 3 Making the World Safe for Transnational Capital: The Economic Supraconstitution 4 Good Citizens of Planet Earth? The Weakness of Global Social and Environmental Governance 5 Taking the Measure of the Supraconstitution Part II. Consolidating or Confronting Hegemony? Governance Within and Beyond the State 6 From Retreat to Revitalization: The Paradoxes of the Globalized State 7 Global Law Beyond the State: Governance by Business and Civil Society 8 Rethinking Canadian Governance and Law in a Globalized World Notes; Index

order online at www.ubcpress.ca

|

Law

3

Law • politics

Setting the Standard

Certification, Governance, and the Forest Stewardship Council Chris Tollefson, Fred Gale, and David Haley This book makes an absolutely essential contribution to the literature on voluntary environmental standards and environmental certification schemes by providing the sort of detailed, contextual, and comparative empirical account of standard-setting that is fundamental to advance our understanding of the phenomenon of contemporary governance. – Stepan Wood, Professor, Osgoode Hall Law School and co-editor of Environmental Law for Sustainability

Chris Tollefson is a professor of law at the University of Victoria. Fred Gale is a senior lecturer in the School of Government at the University of Tasmania. David Haley is a professor emeritus of the Department of Forest Resources Management at the University of British Columbia. 2008 424 pages, 6 x 9” 978-0-7748-1437-9 HC $85.00 978-0-7748-1438-6 pb $34.95

4

Law

|

A superb extended case study of the development of the Forest Stewardship Council’s British Columbia forestry certification standard. This book’s multilevel, interdisciplinary comparative analysis yields a rich set of insights that challenge many conventional regulatory paradigms. – Michael Trebilcock, Chair in Law and Economics, University of Toronto and co-author of The Regulation of International Trade, 3rd edition Table of Contents 1 Introduction Part 1 Developing the FSC-BC Standard 2 The Rise and Rise of Forest Certification 3 The BC Forest Policy Context 4 Hard Bargaining: Negotiating an FSC Standard for British Columbia 5 Beyond British Columbia: Standards Development in Other Jurisdictions Part 2 Analyzing the FSC-BC Standard 6 Tenure, Use Rights, and Benefits from the Forest 7 Community and Workers’ Rights 8 Indigenous Peoples’ Rights 9 Environmental Values Part 3 Governance within and beyond the FSC System 10 A Political Network Analysis of FSC Governance 11 A Regulatory Analysis of FSC Governance 12 An Institutional Analysis of FSC Governance Part 4 Conclusions 13 Theorizing Regulation and Governance within and beyond the FSC 14 Reflections on the Nature and Significance of the FSC-BC Case Appendix: FSC International Standard: Principles and Criteria

order online at www.ubcpress.ca

Law • politics

Contested Constitutionalism

Reflections on the Canadian Charter of Rights and Freedoms Edited by James B. Kelly and Christopher P. Manfredi This volume is a major contribution to the study of constitutional politics in Canada. Kelly and Manfredi have assembled an ‘all star team’ of scholars in the field. The result is a volume with thoughtful perspectives on governance and institutions, policy making and the courts, and citizenship and identity. – Patrick James, author of The Myth of the Constitution in Canada

James B. Kelly is associate professor in the Department of Political Science at Concordia University. Christopher P. Manfredi is Dean of Arts and a professor in the Department of Political Science at McGill University. May 2009 336 pages, 6 x 9” 978-0-7748-1674-8 hc $85.00 978-0-7748-1675-5 PB $32.95 (PB, January 2010) Law and Society Series

Table of Contents Acknowledgments; Introduction 1 Should We Cheer? Contested Constitutionalism and the Canadian Charter of Rights and Freedoms / James B. Kelly and Christopher P. Manfredi Part 1: Governance and Institutions 2 Legalise This: The Chartering of Canadian Politics / Andrew Petter 3 Rationalizing Judicial Power: The Mischief of Dialogue Theory / Grant Huscroft 4 Courting Controversy: Strategic Judicial Decision Making / Rainer Knopff, Dennis Baker, and Sylvia LeRoy 5 Legislative Activism and Parliamentary Bills of Rights: Institutional Lessons for Canada / James B. Kelly 6 Compromise and the Notwithstanding Clause: Why the Dominant Narrative Distorts our Understanding / Janet L. Hiebert Part 2: Policy Making and the Courts 7 Judicializing Health Policy: Unexpected Lessons and an Inconvenient Truth / Christopher P. Manfredi and Antonia Maioni 8 National Security and the Charter’s Legal Rights Protections / Kent Roach 9 Canadian Language Rights: Liberties, Claims and the National Conversation / Graham Fraser 10 Explaining the Impact of Legal Mobilization and Judicial Decisions: Official Minority Language Education Rights outside Quebec / Troy Riddell 11 The Same-Sex Marriage Reference: Making Sense of the Government’s Litigation Strategy / Matthew Hennigar Part 3: Citizenship and Identity 12 Bills of Rights as Instruments of Nation-building in Multinational States: The Canadian Charter and Quebec Nationalism / Sujit Choudhry 13 The Internal Exile of Quebecers in the Canada of the Charter / Guy Laforest 14 The Road Not Taken: Aboriginal Rights after the Reimagining of the Canadian Constitutional Order / Kiera L. Ladner and Michael McCrossan Conclusion 15 The Charter and Canadian Democracy / Peter H. Russell Notes; List of Contributors;Index

order online at www.ubcpress.ca

|

Law

5

Law • politics

Multi-Party Litigation The Strategic Context

Wayne V. McIntosh and Cynthia L. Cates This book is about the politics of lawsuits in which multiple parties are pitted against powerful corporate interests in a battle for money, pride, and prominence. Yet, at the heart of these struggles is the tension between what it means to be an individual and a member of a group, between law and policy. It is a compelling read with great legal stories and a strong analytic structure. – John Brigham, author of The Constitution of Interests: Beyond the Politics of Rights Is litigation an effective response to the malignant behaviour of corporations and governments, or is it a cancer that has spread throughout, or even beyond, the body politic? Does litigation provide an even battleground where David has a reasonable chance of defeating Goliath, or is it like the Roman Colosseum, where the lion almost always won? Wayne V. McIntosh is a political science professor and associate chair of the Department of Government and Politics, University of Maryland. Cynthia L. Cates is a political science professor with the Department of Political Science, Towson University. March 2009 308 pages, 6 x 9” 978-0-7748-1596-3 HC $85.00 978-0-7748-1597-0 pb $32.95 (PB, January 2010) Law and Society Series

6

Law

|

More than three decades ago, Marc Galanter suggested that well-resourced defendants can outmanoeuvre plaintiffs. Multi-Party Litigation reveals that this remains the case. Drawing upon insights from law and politics, it outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a political battle being fought on multiple fronts by competing groups of attorneys, institutions, and interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy. Table of Contents List of Illustrations; Acknowledgments; Introduction 1 Theoretical, Historical, and Legal Underpinnings 2 Mass Torts and Class Action: An Overview of the Contemporary Landscape 3 The Politics of Tobacco Litigation 4 The Politics of Gun Litigation 5 The Politics of Food Litigation 6 International Developments in the Politics of Litigation 7 Conclusions Notes; General References; Case References; General Index; Index of Cases

order online at www.ubcpress.ca

Law • religion

Law and Religious Pluralism in Canada Edited by Richard Moon

The range of perspectives offered on the vexed relationship between law and religion is one of the strengths of this book. It clearly illustrates the multiple dimensions involved, the lack of easy solutions, and the many defensible positions that one can take. Law and Religious Pluralism in Canada will contribute significantly to the literature and debates on this pressing issue. – Peter Beyer, Professor of Religious Studies, University of Ottawa and author of Religions in Global Society Table of Contents

Richard Moon is a professor in the Faculty of Law at the University of Windsor. 2008 256 pages, 6 x 9” 978-0-7748-1497-3 HC $85.00 978-0-7748-1498-0 pb $34.95 Law and Society Series

Acknowledgments Introduction: Law and Religious Pluralism in Canada / Richard Moon 1 View from the Succah: Religion and Neighbourly Relations / Shauna Van Praagh 2 Clashes of Principle and the Possibility of Dialogue: A Case Study of Same-Sex Marriage in the United Church in Canada / Jennifer Nedelsky and Roger Hutchinson 3 Associational Rights, Religion, and the Charter / David Schneiderman 4 The Canadian Conception of Equal Religious Citizenship / Bruce Ryder 5 Living by Different Law: Legal Pluralism, Freedom of Religion, and Illiberal Religious Groups / Alvin Esau 6 In the (Canadian) Shadow of Islamic Law: Translating Mahr as a Bargaining Endowment / Pascale Fournier 7 Living Law on a Living Earth: Aboriginal Religion, Law, and the Constitution / John Borrows 8 Defining Religion: The Promise and the Peril of Legal Interpretation / Lori G. Beaman 9 Government Support for Religious Practice / Richard Moon 10 Ontario’s Sharia Law Debate: Law and Politics under the Charter / Lorraine E. Weinrib 11 Law’s Religion: Rendering Culture / Benjamin L. Berger List of Contributors; Index

order online at www.ubcpress.ca

|

Law

7

The Canadian War on Queers

sociology

National Security as Sexual Regulation Gary Kinsman and Patrizia Gentile The Canadian War on Queers is destined to be a landmark book in the study of Canadian state security apparatuses and an important contribution to Canadian history and LGBT studies. – Barry Adam, author of The Rise of a Gay and Lesbian Movement

Gary Kinsman is a professor in the Sociology Department at Laurentian University, Sudbury.  Patrizia Gentile is assistant professor in the Pauline Jewett Institute of Women’s and Gender Studies at Carleton University. November 2009 560 pages, 6 x 9” 978-0-7748-1627-4 hc $85.00 978-0-7748-1628-1 PB $34.95 (PB, July 2010) Sexuality Studies Series

8

Law

|

From the 1950s to the late 1990s, agents of the state spied on, interrogated, and harassed gays and lesbians in Canada, employing social ideologies and other practices to construct their target – people who deviated from the so-called norm – as threats to society and enemies of the state. The Canadian War on Queers offers a passionate, personalized account of a national security campaign that violated people’s civil rights and freedoms in an attempt to regulate their sexual practices. This path-breaking account is required reading for students, scholars, and social activists in lesbian, gay, and queer studies or anyone interested in the issues of national security, state repression, and human rights. Table of Contents List of Illustrations Preface: National Security Wars Then and Now Acknowledgments; Abbreviations 1 Queering National Security, the Cold War, and Canadian History 2 Queer History and Sociology from Below: Resisting National Security as an Ideological Practice 3 The Cold War against Queers: Social and Historical Contexts 4 The Social Relations of National Security: Spying and Interrogation 5 The “Fruit Machine”: Attempting to Detect Queers 6 Queer Resistance and the Security Response 7 The Campaign Continues in the 1970s: Security Risks and Lesbian Purges in the Military 8 “Gay Political Activists” and “Radical Lesbians:” Organizing against the National Security State 9 From Exclusion to Assimilation 10 Resisting the Expanding National Security State: From the Canadian War on Queers to the War on “Terror” Appendix; Index of Interviews; Notes; Bibliography; Index

order online at www.ubcpress.ca

sociology

Surveillance

Power, Problems, and Politics Edited by Sean P. Hier and Josh Greenberg In this sprightly volume, the wide tires of surveillance theory and propaganda meet the reality inducing roads of critical conceptual and empirical inquiry. The field of surveillance studies lurches forward as a result. This informative interdisciplinary work by Canadian scholars (the country in the forefront of surveillance studies) should be read by anyone interested in the richness, complexity, and varied consequences of both traditional and new surveillance techniques. – Gary T. Marx, Professor Emeritus of Sociology at M.I.T.

Sean P. Hier is an associate professor in the Department of Sociology, University of Victoria. Josh Greenberg is an assistant professor in the School of Journalism and Communication, Carleton University. April 2009 296 pages, 6 x 9” 978-0-7748-1611-3 hc $85.00 978-0-7748-1612-0 pb $32.95 (PB, January 2010)

Table of Contents Foreword / Kevin D. Haggerty Acknowledgments Introduction / Sean P. Hier and Josh Greenberg 1 The Politics of Surveillance: Power, Paradigms, and the Field of Visibility / Sean P. Hier and Josh Greenberg Part 1: Stigma, Morality, and Social Control 2 Kid-Visible: Childhood Obesity, Body Surveillance, and the Techniques of Care / Charlene D. Elliott 3 Police Surveillance of Male-with-Male Public Sex in Ontario, 1983-94 / Kevin Walby 4 A Kind of Prohibition: Targets of the Liquor Control Board of Ontario’s Interdiction List, 1953-75 / Scott Thompson Part 2: Environmental Design, Consumerism, and Privacy 5 Natural Surveillance, Crime Prevention, and the Effects of Being Seen / Patrick F. Parnaby and C. Victoria Reed 6 Administering the Dead: Mass Death and the Problem of Privacy / Joseph Scanlon 7 Identity Theft and the Construction of Creditable Subjects / Sheryl N. Hamilton Part 3: Genetics, Security, and Biometrics 8 From Bodily Integrity to Genetic Surveillance: The Impacts of DNA Identification in Criminal Justice / Neil Gerlach 9 Communication and the Sorrows of Empire: Surveillance and Information Operations “Blowback” in the Global War on Terrorism / Dwayne Winseck 10 Bio-Benefits: Technologies of Criminalization, Biometrics, and the Welfare System / Shoshana Magnet Part 4: Participatory Surveillance and Resistance 11 Public Vigilance Campaigns and Participatory Surveillance after 11 September 2001 / Mike Larsen and Justin Piché 12 Cell Phones and Surveillance: Mobile Technology, States, and Social Movements / Simon J. Kiss 13 Subverting Surveillance Systems: Access to Information Mechanisms as Tools of Counter-Surveillance / Laura Huey References; Contributors; Index order online at www.ubcpress.ca

|

Law

9

legal history

Colonial Proximities

Crossracial Encounters and Juridical Truths in British Columbia, 1871-1921 Renisa Mawani This book offers fascinating new perspectives on the roots of Canadian racism. Moving beyond traditional narratives of Aboriginal-European contact and Chinese-European relations, Renisa Mawani probes the unsettled landscape of crossracial encounters between ‘Indians’ and ‘Chinese’ in British Columbia history. She deftly captures the frenzied anxieties that whites harboured over ungovernable mixed-race activities, and brilliantly dissects the renewed state racisms that were born of such encounters. – Adele Perry, Canada Research Chair in Western Canadian Social History, University of Manitoba, and author of On the Edge of Empire

Renisa Mawani is an assistant professor of sociology at the University of British Columbia. May 2009 288 pages, 6 x 9” 978-0-7748-1633-5 hc $85.00 978-0-7748-1634-2 pb $32.95 (PB, January 2010) Law and Society Series

10

Law

|

Renisa Mawani is a rigorous researcher, a sharp analyst, and a wide-ranging thinker. This is a powerful piece of work, and scholars of colonialism and race making in British Columbia and settler colonies more generally will benefit from it. – Constance Backhouse, Distinguished University Professor and University Research Chair, Faculty of Law, University of Ottawa Colonial Proximities traces the dynamic encounters between aboriginal peoples, mixed-race populations, Chinese migrants, and Europeans in late-nineteenthand early-twentieth-century British Columbia and charts the juridical racial truths and forms of governance these crossracial contacts produced. Table of Contents List of Illustrations; Acknowledgments 1 Introduction: Heterogeneity and Interraciality in British Columbia’s Colonial “Contact Zone” 2 The Racial Impurities of Global Capitalism: The Politics of Labour, Interraciality, and Lawlessness in the Salmon Canneries 3 (White) Slavery, Colonial Knowledges, and the Rise of State Racisms 4 National Formations and Racial Selves: Chinese Traffickers and Aboriginal Victims in British Columbia’s Illicit Liquor Trade 5 “The Most Disreputable Characters”: Mixed-Bloods, Internal Enemies, and Imperial Futures Conclusion: Colonial Pasts, Entangled Presents, and Promising Futures Notes; Bibliography; Index

order online at www.ubcpress.ca

legal history

The Grand Experiment

Law and Legal Culture in British Settler Societies Edited by Hamar Foster, Benjamin L. Berger, and A. R. Buck Table of Contents

Hamar Foster is a professor of law at the University of Victoria. Benjamin L. Berger is an assistant professor of law at the University of Victoria. A.R. Buck is a professor of law and Co-Director of the Centre for Comparative Law, History and Governance at Macquarie University, Australia 2008 416 pages, 6 x 9” 978-0-7748-1491-1 hc $85.00 978-0-7748-1492-8 pb $34.95 Law and Society Series

Introduction: Does Law Matter? The New Colonial Legal History / Benjamin L. Berger, Hamar Foster, and A.R. Buck Part 1: Authority at the Boundaries of Empire 1 Libel and the Colonial Administration of Justice in Upper Canada and New South Wales, c. 1825-30 / Barry Wright 2 The Limits of Despotic Government at Sea / Bruce Kercher 3 One Chief, Two Chiefs, Red Chiefs, Blue Chiefs: Newcomer Perspectives on Indigenous Leadership in Rupert’s Land and the North-West Territories / Janna Promislow 4 Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales / Ian Holloway, Simon Bronitt, and John Williams 5 Sometimes Persuasive Authority: Dominion Case Law and English Judges, 1895-1970 / Jeremy Finn Part 2: Courts and Judges in the Colonies 6 Courts, Communities, and Communication: The Nova Scotia Supreme Court on Circuit, 1816-50 / Jim Phillips and Philip Girard 7 Fame and Infamy: Two Men of the Law in Colonial New Zealand / David V. Williams 8 Moving in an “Eccentric Orbit”: The Independence of Judge Algernon Sidney Montagu in Van Diemen’s Land, 1833-47 / Stefan Petrow 9 “Not in Keeping with the Traditions of the Cariboo Courts”: Courts and Community Identity in Northeastern British Columbia, 1920-50 / Jonathan Swainger Part 3: Property, Politics, and Petitions in Colonial Law 10 Starkie’s Adventures in North America: The Emergence of Libel Law / Lyndsay M. Campbell 11 The Law of Dower in New South Wales and the United States: A Study in Comparative Legal History / A.R. Buck and Nancy E. Wright 12 Contesting Prohibition and the Constitution in 1850s New Brunswick / Greg Marquis 13 From Humble Prayers to Legal Demands: The Cowichan Petition of 1909 and the British Columbia Indian Land Question / Hamar Foster and Benjamin L. Berger Afterword: Looking from the Past into the Future / John P.S. McLaren Notes; Selected Bibliography; Contributors; Index

order online at www.ubcpress.ca

|

Law

11

Law • native studies

Protection of First Nations Cultural Heritage Laws, Policy, and Reform

Edited by Catherine Bell and Robert K. Paterson This companion volume to First Nations Cultural Heritage and Law looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined, including ethics codes, research protocols, institutional policies, human rights law, and First Nation legal orders. The book also discusses the opportunities and limits of existing frameworks and questions whether a radical shift in legal and political relations is necessary for First Nations concerns to be meaningfully addressed.

Catherine Bell is a professor of law at the University of Alberta. Robert K. Paterson is a professor of law at the University of British Columbia. 2008 476 pages, 6 x 9” 978-0-7748-1463-8 HC $85.00 978-0-7748-1464-5 pb $34.95 Law and Society Series

12

Law

|

Table of Contents Preface: Towards Reconciliation / Darlene Johnston Acknowledgments; Abbreviations Introduction / Catherine Bell and Robert K. Paterson Part 1: Repatriation and Trade 1 Restructuring the Relationship: Domestic Repatriation and Canadian Law Reform / Catherine Bell 2 International Movement of First Nations Cultural Heritage in Canadian Law / Catherine Bell and Robert K. Paterson 3 The Protection and Repatriation of Indigenous Cultural Heritage in the United States / James Nafziger Part 2: Heritage Sites and Ancestral Remains 4 Ancestral Remains in Institutional Collections: Proposals for Reform / Robert K. Paterson 5 Unsitely: The Eclectic Regimes that Protect Aboriginal Cultural Places in Canada / Bruce Ziff and Melodie Hope 6 Policies and Protocols for Archeological Sites and Associated Cultural Intellectual Property / George P. Nicholas Part 3: Intangible Heritage 7 The Interconnection of Intellectual Property and Cultural Property (“Traditional Knowledge”) / Robert G. Howell and Roch Ripley 8 First Nations Cultural Heritage Concerns: Prospects for Protection of Traditional Knowledge and Traditional Cultural Expressions in International Law / Rosemary J. Coombe 9 Non-Legal Instruments for the Protection of Intangible Cultural Heritage: Key Roles for Ethical Codes and Community Protocols / Kelly Bannister Part 4: Human Rights and First Nations Law 10 Indigenous Cultural Heritage Rights in International Human Rights Law / Mohsen al Attar, Nicole Aylwin, and Rosemary J. Coombe 11 From Time Immemorial: The Recognition of Aboriginal Customary Law in Canada / Norman Zlotkin 12 Looking beyond the Law: Questions about Indigenous Peoples’ Tangible and Intangible Property / Val Napoleon Concluding Thoughts and Fundamental Questions / Michael Asch Appendix; Contributors; Index

order online at www.ubcpress.ca

Law • native studies

First Nations Cultural Heritage and Law Case Studies, Voices, and Perspectives Edited by Catherine Bell and Val Napoleon

CATHERINE BELL is a professor of law at the University of Alberta. VAL NAPOLEON teaches in the Faculty of Native Studies and the Faculty of Law at the University of Alberta. 2008 544 pages, 6 x 9” 978-0-7748-1461-4 HC $85.00 978-0-7748-1462-1 pb $34.95 Law and Society Series

Table of Contents Preface: Respect for Elder Knowledge / Eric McLay and Lea Joe interviewing Arvid Charlie (Luschiim) & Dorothy First Rider, in consultation with Frank Weasel Head Introduction, Methodology, and Thematic Overview / Catherine Bell and Val Napoleon Part 1: Our Voices, Our Culture 1 Recovering from Colonization: Perspectives of Community Members on Protection and Repatriation of Kwakwaka’wakw Cultural Heritage / Catherine Bell, Heather Raven, and Heather McCuaig, in consultation with Andrea Sanborn, the U’mista Cultural Society, and the ‘Namgis Nation 2 The Law Is Opened: The Constitutional Role of Tangible and Intangible Property in Gitanyow / Richard Overstall, in consultation with Val Napoleon and Katie Ludwig 3 Northwest Coast Adawx Study / Susan Marsden 4 ‘A’lhut tu tet Sul’hweentst [Respecting the Ancestors]: Understanding Hul’qumi’num Heritage Laws and Concerns for the Protection of Archaeological Heritage / Eric McLay, Kelly Bannister, Lea Joe, Brian Thom, and George Nicholas 5 Repatriation and Heritage Protection: Reflections on the Kainai Experience / Catherine Bell, Graham Statt, and the Mookakin Cultural Society 6 Poomaksin: Skinnipiikani-Nitsiitapii Law, Transfers, and Making Relatives: Practices and Principles for Cultural Protection, Repatriation, Redress, and Heritage Law Making with Canada / Brian Noble, in consultation with Reg Crowshoe and in discussion with the Knut-sum-atak Society 7 Protection and Repatriation of Ktunaxa/Kinbasket Cultural Resources: Perspectives of Community Members / Catherine Bell and Heather McCuaig, in consultation with the Ktunaxa/Kinbasket Tribal Council and the Ktunaxa/Kinbasket Traditional Elders Working Group Part 2: Experiences across the Nation 8 First Nations Cultural Heritage: A Selected Survey of Issues and Initiatives / Catherine Bell, Graham Statt, Michael Solowan, Allyson Jeffs, and Emily Snyder Part 3: Reflections on Selected Themes 9 Canadian Aboriginal Languages and the Protection of Cultural Heritage / Marianne Ignace and Ron Ignace 10 Canada’s Policy of Cultural Colonization: Indian Residential Schools and the Indian Act / Dale Cunningham, Allyson Jeffs, and Michael Solowan 11 Owning as Belonging/Owning as Property: The Crisis of Power and Respect in First Nations Heritage Transactions with Canada / Brian Noble Concluding Thoughts and Unanswered Questions / Val Napoleon Appendix; Contributors; Index

order online at www.ubcpress.ca

|

Law

13

Law • native studies

Landing Native Fisheries

Indian Reserves and Fishing Rights in British Columbia, 1849-1925 Douglas C. Harris In this important and original book, Douglas Harris demonstrates the vital connection between fisheries and reserve creation in British Columbia. In addition to providing fresh historical insights, this work has significant implications for contemporary Aboriginal land and fishing rights. Eloquently written in an accessible style, Landing Native Fisheries will appeal to historians and geographers, and will also serve as a valuable resource for First Nations, government officials, lawyers, and other readers who want to understand the policies that set the stage for presentday litigation and treaty negotiations. – Kent McNeil, author of Common Law Aboriginal Title

Douglas C. Harris is a member of the Faculty of Law at the University of British Columbia and the author of Fish, Law, and Colonialism: The Legal Capture of Salmon in British Columbia. 2008 268 pages, 6 x 9” 978-0-7748-1419-5 HC $85.00 978-0-7748-1420-1 PB $32.95 Law and Society Series

14

Law

|

Landing Native Fisheries reveals the contradictions and consequences of an Indian land policy premised on access to fish, on one hand, and a program of fisheries management intended to open the resource to newcomers, on the other. Beginning with the first treaties signed on Vancouver Island between 1850 and 1854, Douglas Harris maps the connections between the colonial land policy and the law governing the fisheries. In so doing, Harris rewrites the history of colonial dispossession in British Columbia, offering a new and nuanced examination of the role of law in the consolidation of power within the colonial state. Table of Contents Illustrations; Acknowledgments; Introduction 1 Treaties, Reserves, and Fisheries Law 2 Land Follows Fish 3 Exclusive Fisheries 4 Exclusive Fisheries and the Public Right to Fish 5 Indian Reserves and Fisheries 6 Constructing an Indian Food Fishery 7 Licensing the Commercial Salmon Fishery 8 Land and Fisheries Detached Conclusion Appendix; Notes; Bibliography; Index

order online at www.ubcpress.ca

Law • native studies

Lament for a First Nation

The Williams Treaties of Southern Ontario Peggy Blair

Peggy J. Blair, a lawyer specializing in aboriginal law, has produced an important study of the historical context surrounding both the treaties and what she sees as a misguided response by the Canadian courts. - Greg Marquis, University of New Brunswick, Law and Politics Book Review, Vol. 18, No.11, November 2008 This book should prove a supportive work for trial lawyers working in the land claim field. - Ronald F. MacIsaac, The Barrister, Issue No.89, September 2008

Peggy J. Blair is one of Canada’s leading lawyers in the field of Aboriginal law. 2008 352 pages, 6 x 9” 978-0-7748-1512-3 HC $85.00 978-0-7748-1513-0 PB $32.95 Law and Society Series

In a 1994 decision known as Howard, the Supreme Court of Canada held that the Aboriginal signatories to the 1923 Williams Treaties had knowingly given up not only their title to off-reserve lands but also their treaty rights to hunt and fish for food. Peggy J. Blair gives the Howard decision considerable context. She examines federal and provincial bickering over “special rights” for Aboriginal peoples and notes how Crown policies toward Indian rights changed as settlement pressures increased. Blair argues that the Canadian courts caused a serious injustice by applying erroneous cultural assumptions in their interpretation of the evidence. In particular, they confused provincial government policy, which has historically favoured public over special rights, with the understanding of the parties at the time. Blair demonstrates that when American courts applied the same legal principles as their Canadian counterparts to a case involving similar facts, they reached the opposite conclusion. Table of Contents Preface; Introduction Part 1: Historical Background 1 History of the Williams Treaties First Nations 2 Imperial Crown Policy 3 A New Crown Policy 4 Jurisdictional Disputes 5 Bureaucratic Obstacles Part 2: The Williams Treaties 6 The Push for a New Treaty 7 Differing Perceptions 8 The Howard Case 9 Analysis Conclusion Appendix; Notes; Bibliography order online at www.ubcpress.ca

|

Law

15

Law • native studies

Let Right Be Done

Aboriginal Title, the Calder Case, and the Future of Indigenous Rights Edited by Hamar Foster, Heather Raven, and Jeremy Webber Let Right Be Done is a rich and profound volume. This is an incisive collection of essays both for the general reader and for scholars of law, history, and social justice wishing to reflect upon and investigate these issues. The strength of this collection lies in its silent call that occurs much after one finishes the text. It is this silent call that is the legacy of CALDER itself. – Carmela Murdocca, York University, Law and Politics Book Review, Vol.18, No.7, July 2008

Hamar Foster is Professor of Law at the University of Victoria. Heather Raven is Senior Lecturer in Law at the University of Victoria. Jeremy Webber holds the Canada Research Chair in Law and Society at the University of Victoria. 2008 352 pages, 6 x 9” 978-0-7748-1403-4 HC $90.00 978-0-7748-1404-1 pb $32.95 Law and Society Series

16

Law

|

Table of Contents 1 The Calder Decision, Aboriginal Title, Treaties, and the Nisga’a / Christina Godlewska and Jeremy Webber Part 1: Reflections of the Calder Participants 2 Frank Calder and Thomas Berger: A Conversation 3 Reminiscences of Aboriginal Rights at the Time of the Calder Case and Its Aftermath / Honourable Gérard V. La Forest Part 2: Historical Background 4 We Are Not O’Meara’s Children: Law, Lawyers and the First Campaign for Aboriginal Title in British Columbia, 1909–28 / Hamar Foster 5 Then Fight for It: William Lewis Paul and Alaska Native Land Claims / Stephen Haycox Part 3: Calder and Its Implications 6 Calder and the Representation of Indigenous Society in Canadian Jurisprudence / Michael Asch 7 What Are Aboriginal Rights? / Brian Slattery 8 Judicial Approaches to Self-Government since Calder: Searching for Doctrinal Coherence / Kent McNeil Part 4: International Impact 9 Customary Rights and Crown Claims: Calder and Aboriginal Title in Aotearoa New Zealand / David V. Williams 10 The Influence of Canadian and International Law on the Evolution of Australian Aboriginal Title / Garth Nettheim Part 5: The Future 11 Let Obligations Be Done / John Borrows 12 Closing Thoughts: Final Remarks from Iona Campagnolo, Lance Finch, Joseph Gosnell, and Frank Calder Appendix: A Select Chronology / Hamar Foster and Stephanie Hanna Notes; Bibliography; Index

order online at www.ubcpress.ca

Law • GOVERNANCE

Democratizing Pension Funds

Corporate Governance and Accountability Ronald B. Davis Ronald Davis has a rare combination of expertise – labor law, corporate law, trust law, securities law, and pension law ... His book provides a clear explanation of many important legal concepts from vastly different fields and brings them together in a way that is compelling ... It will be read and discussed by many scholars, policymakers, and practitioners not only in Canada and the United States but around the world. - Marleen O’Connor, Stetson University College of Law Pension funds own significant shares of the world’s largest corporations. However, the beneficiaries of pensions often have little or no say in corporate governance issues – in spite of their status as owners and even though the environmental, social, and economic performance of these corporations will impact not only their retirement accounts but also the very world into which they will retire. Ronald B. Davis is an associate professor in the Faculty of Law at the University of British Columbia. 2008 268 pages, 6 x 9” 978-0-7748-1397-6 hc $85.00 978-0-7748-1398-3 pb $34.95

Democratizing Pension Funds analyzes the reasons for this passivity, pointing to conflicts of interest with respect to corporate governance activity in pension plans and also to limitations in corporate, securities, and pension law. It will spark a debate concerning the need for democracy and accountability in the governance of trillions of dollars of plan members’ pension plan assets and the legitimacy of the present, mostly unaccountable, corporate governance decisions made by these plans. Table of Contents Acknowledgments; Introduction 1 Corporate Investment by Employee Pension Funds: A Deal with the Devil? 2 Pension Fund Assets and Plan Members: A Question of Ownership? 3 The Duties of Pension Fund Managers towards Plan Members with Respect to the Governance of Investee Corporations 4 Corporate Law’s Opportunities and Limitations for Pension Fund Corporate Governance Activity 5 The Enhancing and Constraining Effects of Securities Regulation on Corporate Governance by Pension Funds 6 Designing Democratic Corporate Governance Accountability Options 7 Conclusion: Pension Funds Must Be Accountable to Plan Members for Using Corporate Governance to Enhance Corporate Environmental, Social, and Governance Performance Notes; Bibliography; Index order online at www.ubcpress.ca

|

Law

17

Law • Native studies

Speaking for Ourselves

Environmental Justice in Canada Edited by Julian Agyeman, Peter Cole, Randolph Haluza-DeLay, and Pat O’Riley Speaking for Ourselves is one of the most important books I have read in a long time. It has profoundly shaped my thinking about the scholarly and political work being done on environmental justice issues and about the world we live in and share with other beings ... This book will extend the fields of environmental justice studies and indigenous studies in new and productive ways. – David Pellow, author of Resisting Global Toxics: Transnational Movements for Environmental Justice

Julian Agyeman is a professor in and chair of the Department of Urban and Environmental Policy and Planning at Tufts University. Peter Cole is an associate professor of Aboriginal and Northern Studies at the University College of the North. Randolph Haluza-DeLay is an assistant professor of sociology at King’s University College. Pat O’Riley is an associate professor in the Department of Equity Studies, Faculty of Liberal Arts & Professional Studies at York University. May 2009 288 pages, 6 x 9” 978-0-7748-1618-2 hc $85.00 978-0-7748-1619-9 pb $34.95 (PB, January 2010)

18

Law

|

Table of Contents Prologue. Notes from Prison: Protecting Algonquin Lands from Uranium Mining / Robert Lovelace Introduction. Speaking for Ourselves, Speaking Together: Environmental Justice in Canada / Randolph HaluzaDeLay, Pat O’Riley, Peter Cole, and Julian Agyeman 1 Honouring Our Relations: An Anishnaabe Perspective on Environmental Justice / Deborah McGregor 2 Reclaiming Ktaqamkuk: Land and Mi’kmaq Identity in Newfoundland / Bonita Lawrence 3 Why Is There No Environmental Justice in Toronto? Or Is There? / Roger Keil, Melissa Ollevier, and Erica Tsang 4 Invisible Sisters: Women and Environmental Justice in Canada / Barbara Rahder 5 The Political Economy of Environmental Inequality: The Social Distribution of Risk as an Environmental Injustice / S. Harris Ali 6 These Are Lubicon Lands: A First Nation Forced to Step into the Regulatory Gap / Chief Bernard Ominayak, with Kevin Thomas 7 Population Health, Environmental Justice, and the Distribution of Diseases: Ideas and Practices from Canada / John Eyles 8 Environmental Injustice in the Canadian Far North: Persistent Organic Pollutants and Arctic Climate Impacts / Sarah Fleisher Trainor, Anna Godduhn, Lawrence K. Duffy, F. Stuart Chapin III, David C. Natcher, Gary Kofi nas, and Henry P. Huntington 9 Environmental Justice and Community-Based Ecosystem Management / Maureen G. Reed 10 Framing Environmental Inequity in Canada: A Content Analysis of Daily Print News Media / Leith Deacon and Jamie Baxter 11 Environmental Justice as a Politics in Place: An Analysis of Five Canadian Environmental Groups’ Approaches to Agro-Food Issues / Lorelei L. Hanson 12 Rethinking “Green” Multicultural Strategies / Beenash Jafri 13 Coyote and Raven Talk about Environmental Justice / Pat O’Riley and Peter Cole Contributors; Index

order online at www.ubcpress.ca

Law

Reaction and Resistance

Feminism, Law, and Social Change Edited by Dorothy E. Chunn, Susan B. Boyd, and Hester Lessard

Poverty

Rights, Social Citizenship, and Legal Activism Edited by Margot Young, Susan B. Boyd, Gwen Brodsky, and Shelagh Day

Table of Contents 1 Feminism, Law, and Social Change: An Overview / Dorothy E. Chunn, Susan B. Boyd, and Hester Lessard Part 1: Media Representations of Feminism, Anti-Racism, and Their CounterMovements 2 “Take It Easy Girls”: Feminism, Equality, and Social Change in the Media / Dorothy E. Chunn 3 Virtual Backlash: Representations of Men’s “Rights” and Feminist “Wrongs” in Cyberspace / Robert Menzies 4 Imperial Longings, Feminist Responses: Print Media and the Imagining of Nationhood after 9/11 / Sunera Thobani Part 2: Sexual Terrains: Criminal Law and the Campus 5 The Discursive Disappearance of Sexualized Violence: Feminist Law Reform, Judicial Resistance, and Neo-liberal Sexual Citizenship / Lise Gotell 6 Backlash in the Academy: The Evolution of Campus Sexual Harassment Regimes / Hester Lessard Part 3: Familial Identities and Neo-Liberal Reform 7 Feminism, Fathers’ Rights, and Family Catastrophes: Parliamentary Discourses on Post-Separation Parenting, 1966-2003 / Susan B. Boyd and Claire F.L. Young 8 Child-Centred Advocacy and the Invisibility of Women in Poverty Discourse and Social Policy / Wanda Wiegers 9 Challenging Heteronormativity? Reaction and Resistance to the Legal Recognition of Same-Sex Partnerships / Claire F.L. Young and Susan B. Boyd Contributors; Index

Table of Contents 1 Reality checks: Presuming Innocence and Proving Guilt in Charter Welfare Cases 2 But It’s for Your Own Good 3 Social Rights and Judicial Competence 4 Claiming Adjudicative space: Social Rights and Citizenship 5 Aboriginal Women Unmasked: Using Charter Equality Litigation to Advance Women’s Rights 6 Welfare Reformed: The Re-making of the Model Citizen 7 The “Made in Québec” Act to Combat Poverty and Social Exclusion 8 Trade Regime Federalism: An Assessment of the Social Union Framework Agreement 9 Collective Economic Rights and International Trade Agreements: In the Vacuum of post-National Capital Control 10 Enforcing Social and Economic Rights at the Domestic Level: A Proposal 11 Minding the Gap: Treaty Commitments and Government Practice 12 Litigating Socio-Economic Rights in South Africa: How Far Will the Courts Go? 13 Taking Competence Seriously 14 Dignity, Equality, and Second Generation Rights 15 The Charter as an Impediment to Welfare Roll Backs: A Meditation on “Justice as Fairness” as a “Bedrock Value” of the Canadian Democratic Project 16 Why Rights Now? Law and Desperation 17 The Challenge of Litigating the Rights of Poor People: The Right to Legal Aid as a Test Case 18 Charter Rights and Government Choices

2008, 320 pages, 6 x 9 978-0-7748-1412-6, pb $32.95

2008, 384 pages, 6 x 9 978-0-7748-1288-7, pb $29.95

Law and Society Series

Law and Society Series

order online at www.ubcpress.ca

|

Law

19

Law

The New Lawyer

How Settlement Is Transforming the Practice of Law

Judicial Decision Making in Child Sexual Abuse Cases Margaret Wright

Julie MacFarlane A provocative and hopeful vision of the ‘new lawyer’ who has chosen to embrace a more inclusive calling ... With Macfarlane’s guidance, it may be possible to reclaim the pragmatic nobility of the legal profession. – Nancy A. Welsh, Professor of Law, Dickinson School of Law, Pennsylvania State University The justice system is ever changing and Ms. Macfarlane has enunciated some constructive alternatives to the public concept of lawyers as courtroom battlers. […] This book is a useful guide for lawyers who wish to benefit from learning how to best use these options. – Ronald F. MacIsaac, Verdict 116, March 2008 Table of Contents Preface; Acknowledgments 1 Changes in the Legal Profession and the Emergence of the New Lawyer 2 Constructing Professional Identity 3 Three Key Professional Beliefs 4 Translating the Beliefs into Practice: The Norms of Legal Negotiations 5 The New Advocacy 6 The Lawyer-Client Relationship 7 The Role of the Law and Legal Advice 8 Ethical Challenges Facing the New Lawyer 9 Where the Action Is: Sites of Change Epilogue; Notes; Index

2008, 304 pages, 6 x 9 978-0-7748-1436-2, pb $32.95 Law and Society Series

This is a rich research study of the arguments that trial and appeal court judges use in sentencing ... It examines a variety of situations and people rarely encountered in the research literature, and successfully argues that sentences are still less affected by changes in laws than by judges’ values and interpretations of these laws. – Marge Reitsma-Street, Professor, Studies in Policy and Practice, University of Victoria Judicial Decision Making in Child Sexual Abuse Cases provides a useful general overview of the state of sentencing in cases of child sexual abuse. The book is a thought-provoking challenge to traditional practices ... it is relevant to anyone interested in the impact of the legal process on the social problems of children and victims in general. - Laura Mazenc, Saskatchewan Law Review, Vol.71, 2008 Table of Contents Figures and Tables; Acknowledgments; Introduction 1 Recent Events 2 Asking the Questions 3 The Essential Offence 4 The Understandable Offender 5 The Invisible Victim 6 The Elevated Expert 7 The Court as a Site of Struggle Notes; References; Index

2008, 208 pages, 6 x 9 978-0-7748-1265-8, pb $32.95

20

Law

|

order online at www.ubcpress.ca

Law

Canadian Yearbook of International Law, Vol. 46, 2008 Edited by D.M. Mcrae and A.L.C. de Mestral This is the forty-sixth volume of The Canadian Yearbook of International Law, the first volume of which was published in 1963. The Yearbook is issued annually under the auspices of the Canadian Branch of the International Law Association (Canadian Society of International Law) and the Canadian Council on International Law. The Editor-in-Chief is D.M. McRae, Faculty of Law, University of Ottawa, and the Associate Editor is A.L.C. de Mestral, Faculty of Law, McGill University. Its Boards of Editors includes scholars from leading universities in Canada. The Yearbook contains articles of lasting significance in the field of international legal studies, a notes and comments section, a digest of international economic law, a section on current Canadian practice in international law, a digest of important Canadian cases in the fields of public international law, private international law, and conflict of laws, a list of recent treaties, and book reviews.

Vol. 46, 2008 January 2009 660 pages, 6 x 9” 978-0-7748-1617-5 hc $160.00

Vol. 45, 2007 304 pages, 6 x 9” 978-0-7748-1780-6 hc $160.00 Canadian Yearbook of International Law

Table of Contents Timeline Articles Les processus canadien et communautaire de négociation des traités, la Société civile et le Principe démocratique Weaving a tangled Web: Hape and the Obfuscation of Canadian Reception Law La responsabilité internationale d’État pour le fait d’entreprises militaires privées The Special Court for Sierra Leone, Child Soldiers, and Forced Marriage: Providing Clarity or Confusion? L’incorporation de la coutume internationale en common law canadienne State Immunity, State Atrocities, and Civil Justice in the Modern Era of International Law Canada and the 2003 Invasion of Iraq: Prime Minister Chrétien’s Gloss on the UN Charter Principles on the Use of Force Le processus d’adhésion de la Turquie à l’Union européenne: Le rôle déterminant des critères politiques de Copenhague John Peters Humphrey: Canadian Nationalist and World Government Advocate Digest of International Economic Law in 2006\ Commerce Le Canada et le système financier international en 2006 Investissement Canadian Practice in International Law At the Department of Foreign Affairs in 2006–7 Parliamentary Declarations in 2005–6 Treaty Action Taken by Canada in 2006 Cases / Jurisprudence Canadian Cases in Public International Law in 2006–7 Canadian Cases in Private International Law in 2006–7 Book Reviews;Analytical Index; Index of Cases order online at www.ubcpress.ca

|

Law

21

LAW

Domestic Reforms

Political Visions and Family Regulation in British Columbia, 1862-1940

Defining Harm

Religious Freedom and the Limits of the Law Lori G. Beaman

Chris Clarkson 2007 320 pages, 6 x 9” 978-0-7748-1351-8 PB $32.95

2008 200 pages, 6 x 9” 978-0-7748-1430-0 PB $32.95

Law and Society Series

Law and Society Series

Defining Rights and Wrongs

Bureaucracy, Human Rights, and Public Accountability

Criminal Artefacts

Governing Drugs and Users Dawn Moore

Rosanna Langer 2007 224 pages, 6 x 9” 978-0-7748-1353-2 PB $32.95

2007 208 pages, 6 x 9” 978-0-7748-1386-0 PB $32.95

Law and Society Series

Law and Society Series

Attitudinal Decision Making in the Supreme Court of Canada

Multiculturalism and the Canadian Constitution

C.L. Ostberg and Matthew E. Wetstein

Stephen Tierney

22

Law

|

2007 288 pages, 6 x 9” 978-0-7748-1312-9

2007 256 pages, 6 x 9” 978-0-7748-1446-1

PB $32.95

PB $32.95

Law and Society Series

Law and Society Series

order online at www.ubcpress.ca

LAW

Negotiating Responsibility

Law, Murder, and States of Mind Kimberley White

Courts and Federalism

Judicial Doctrine in the United States, Australia, and Canada Gerald Baier

2007 200 pages, 6 x 9” 978-0-7748-1277-1 PB $32.95

2006 224 pages, 6 x 9” 978-0-7748-1236-8 PB $29.95

Law and Society Series

Law and Society Series

Diversity and Equality

Sanctuary, Sovereignty, Sacrifice

The Changing Framework of Freedom in Canada

Canadian Sanctuary Incidents, Power, and Law

Edited by Avigail Eisenberg

Randy Lippert

2006 224 pages, 6 x 9” 978-0-7748-1240-5 PB $29.95

2005 240 pages, 6 x 9” 978-0-7748-1250-4 PB $32.95

Law and Society Series

Law and Society Series

Bar Codes

Women in the Legal Profession

Mapping Marriage Law in Spanish Gitano Communities

Jean McKenzie Leiper

Susan G. Drummond

2006 256 pages, 6 x 9” 978-0-7748-1320-4 PB $29.95

2005 288 pages, 6 x 9” 978-0-7748-0926-9 PB $32.95

Law and Society Series

Law and Society Series

order online at www.ubcpress.ca

|

Law

23

LAW

Governing with the Charter

Multicultural Nationalism

James B. Kelly

Gerald Kernerman

Legislative and Judicial Activism and Framers’ Intent

Civilizing Difference, Constituting Community

2005 336 pages, 6 x 9” 978-0-7748-1212-2 PB $32.95

2005 160 pages, 6 x 9” 978-0-7748-1001-2 PB $32.95

Law and Society Series

Law and Society Series

Defending Rights in Russia

Securing Borders

Pamela Jordan

Anna Pratt

Lawyers, the State, and Legal Reform in the Post-Soviet Era

Detention and Deportation in Canada

2005 304 pages, 6 x 9” 978-0-7748-1163-7 PB $32.95

2005 304 pages, 6 x 9” 978-0-7748-1155-2 PB $32.95

Law and Society Series

Law and Society Series

Global Biopiracy

Critical Disability Theory

Ikechi Mgbeoji

Edited by Dianne Pothier and Richard Devlin

Patents, Plants, and Indigenous Knowledge

24

Law

|

Essays in Philosophy, Politics, Policy, and Law

2005 336 pages, 6 x 9” 978-0-7748-1153-8 PB $32.95

2005 352 pages, 6 x 9” 978-0-7748-1204-7 PB $32.95

Law and Society Series

Law and Society Series

order online at www.ubcpress.ca

LAW

Laws and Societies in the Canadian Prairie West, 1670-1940

First Nations Sacred Sites in Canada’s Courts

Edited by Lou Knafla and Jonathan Swainger

Michael Lee Ross

2005 360 pages, 6 x 9” 978-0-7748-1167-5 PB $32.95

2005 248 pages, 6 x 9” 978-0-7748-1130-9 PB $32.95

Law and Society Series

Law and Society Series

Unwilling Mothers, Unwanted Babies

Humanitarianism, Identity, and Nation

Infanticide in Canada

Migration Laws in Canada and Australia

Kirsten Kramar

Catherine Dauvergne 2005 240 pages, 6 x 9” 978-0-7748-1177-4 PB $29.95

2005 248 pages, 6 x 9” 978-0-7748-1113-2 PB $32.95

Law and Society Series

Law and Society Series

Good Government? Good Citizens?

Courts, Politics, and Markets in a Changing Canada W.A. Bogart

The Last Word

Media Coverage of the Supreme Court of Canada Florian Sauvageau, David Taras, and David Schneiderman

2005 264 pages, 6 x 9” 978-0-7748-1165-1 PB $32.95

2005 272 pages, 6 x 9” 978-0-7748-1244-3 PB $29.95

Law and Society Series

Law and Society Series

order online at www.ubcpress.ca

|

Law

25

LAW

Between Justice and Certainty Treaty Making in British Columbia Andrew Woolford

The Courts and the Colonies

The Litigation of Hutterite Church Disputes Alvin J. Esau

2005 248 pages, 6 x 9” 978-0-7748-1132-3 PB $32.95

2004 400 pages, 6 x 9” 978-0-7748-1117-0 PB $34.95

Law and Society Series

From UI to EI

Waging War on the Welfare State Georges Campeau

Law and Society Series

Gay Male Pornography

An Issue of Sex Discrimination Christopher Kendall

2004 256 pages, 6 x 9” 978-0-7748-1123-1 PB $32.95

2004 296 pages, 6 x 9” 978-0-7748-1077-7 PB $32.95

Law and Society Series

Law and Society Series

Despotic Dominion

Property Rights in British Settler Societies

Tournament of Appeals

John P.S. McLaren, A.R. Buck, and Nancy E. Wright

Roy B. Flemming

26

Law

|

Granting Judicial Review in Canada

2004 326 pages, 6 x 9” 978-0-7748-1073-9 PB $32.95

2004 144 pages, 6 x 9” 978-0-7748-1083-8 PB $32.95

Law and Society Series

Law and Society Series

order online at www.ubcpress.ca

LAW

The Heiress vs the Establishment

Feminist Activism in the Supreme Court

Constance Backhouse and Nancy L. Backhouse

Christopher P. Manfredi

Mrs. Campbell’s Campaign for Legal Justice

Legal Mobilization and the Women’s Legal Education and Action Fund 2004 272 pages, 6 x 9” 978-0-7748-0947-4 PB $32.95

2004 344 pages, 6 x 9” 978-0-7748-1053-1 PB $32.95

Law and Society Series

Law and Society Series

People and Place

Historical Influences on Legal Culture

Murdering Holiness

The Trials of Franz Creffield and George Mitchell Jim Phillips and Rosemary Gartner

Edited by Jonathan Swainger and Constance Backhouse

2004 360 pages, 6 x 9” 978-0-7748-0906-1 HC $34.95

2003 256 pages, 6 x 9” 978-0-7748-1033-3 PB $32.95

Law and Society Series

Law and Society Series

Unnatural Law

Rethinking Canadian Environmental Law and Policy David R. Boyd 2003 488 pages, 6 x 9” 978-0-7748-1049-4 PB $32.95 Law and Society Series

Collective Insecurity

The Liberian Crisis, Unilateralism, and Global Order Ikechi Mgbeoji 2003 200 pages, 6 x 9” 978-0-7748-1037-1 PB $32.95 Law and Society Series

order online at www.ubcpress.ca

|

Law

27

LAW

Taxing Choices

The Intersection of Class, Gender, Parenthood, and the Law

Compulsory Compassion

A Critique of Restorative Justice Annalise Acorn

Rebecca Johnson 2002 256 pages, 6 x 9” 978-0-7748-0957-3 PB $32.95

2004 224 pages, 6 x 9” 978-0-7748-0943-6 PB $29.95

Law and Society Series

Law and Society Series

Indigenous Legal Traditions Edited by Law Commission of Canada

Law and Risk Edited by Law Commission of Canada

2007 248 pages, 6 x 9” 978-0-7748-1371-6 PB $29.95

2005 224 pages, 6 x 9” 978-0-7748-1192-7 PB $29.95

Legal Dimensions

Legal Dimensions

Law and Citizenship Edited by Law Commission of Canada

What Is a Crime?

Defining Criminal Conduct in Contemporary Society Edited by Law Commission of Canada

28

Law

|

2006 232 pages, 6 x 9” 978-0-7748-1300-6 PB $29.95

2004 224 pages, 6 x 9” 978-0-7748-1087-6 PB $29.95

Legal Dimensions

Legal Dimensions

order online at www.ubcpress.ca

LAW

New Perspectives on the PublicPrivate Divide

Intercultural Dispute Resolution in Aboriginal Contexts

Edited by Law Commission of Canada

Edited by Catherine Bell and David Kahane 2004 392 pages, 6 x 9” 978-0-7748-1027-2 PB $39.95

2003 200 pages, 6 x 9” 978-0-7748-1043-2 PB $29.95 Legal Dimensions

Personal Relationships of Dependence and Interdependence in Law

Our Box Was Full

Edited by Law Commission of Canada

Richard Daly

An Ethnography for the Delgamuukw Plaintiffs

2002 180 pages, 6 x 9” 978-0-7748-0885-9 PB $34.95

2004 384 pages, 6 x 9” 978-0-7748-1075-3 PB $32.95

Legal Dimensions

Limiting Arbitrary Power

The Courts

The Vagueness Doctrine in Canadian Constitutional Law

Ian Greene

Marc Ribeiro 2006 200 pages, 6 x 9” 978-0-7748-1185-9 PB $24.95

2004 216 pages, 6 x 9” 978-0-7748-1051-7 PB $32.95

Canadian Democratic Audit

order online at www.ubcpress.ca

|

Law

29

INDEX Acorn, Annalise . . . 28 Agyeman, Julian . . 18 Attitudinal Decision Making in the Supreme Court of Canada . . . . . . . . . 22 Backhouse, Constance . . . . . . 27 Baier, Gerald . . . . . 23 Bar Codes . . . . . . . 23 Beaman, Lori G. . . . 22 Bell, Catherine 12, 13, 29 Berger, Benjamin L. . . . . . 11 Between Justice and Certainty . . . . 26 Blair, Peggy . . . . . . 15 Bogart, W.A. . . . . . . 25 Boyd, David R. . . . . 27 Boyd, Susan . . . . . . 19 Boyd, Susan B. . . . 19 Brodsky, Gwen . . . 19 Brooks, Kim . . . . . . . 1 Buck, A. R. . . . . . . . 11 Buck, A.R. . . . . . . . 26 Campeau, Georges 26 Canadian War on Queers . . . . . . . . . . 8 Canadian Yearbook of International Law . 21 Cates, Cynthia L. . . . 6 Chunn, Dorothy E. . 19 Clarkson, Chris . . . . 22 Clarkson, Stephen . . 3 Cole, Peter . . . . . . . 18 Colonial Proximities .10 Compulsory Compassion . . . . . 28 Contested Constitutionalism 5 Courts . . . . . . . . . . . 29 Courts and Federalism . . . . . . 23 Courts and the Colonies . . . . . . . . 26 Criminal Artefacts . 22 Critical Disability Theory . . . . . . . . . 24 Daly, Richard . . . . . 29 Dauvergne, Catherine . . . . . . . 25 Davis, Ronald B. . . . 17 Day, Shelagh . . . . . 19 Defending Rights in Russia . . . . . . . . . . 24 Defining Harm . . . . 22 Defining Rights and Wrongs . . . . . . . . 22

30

Law

|

Democratizing Pension Funds . . . 17 Despotic Dominion . 26 Devlin, Richard . . . . 24 Diversity and Equality . . . . . . . . 23 Domestic Reforms .22 Drummond, Susan G. . . . . . . . 23 Eisenberg, Avigail . 23 Esau, Alvin J. . . . . . 26 Feminist Activism in the Supreme Court . . . . . . . . . . 27 Feminized Justice . . . 2 First Nations Cultural Heritage and Law . 13 First Nations Sacred Sites in Canada’s Courts . . . . . . . . . 25 Flemming, Roy B. . 26 Foster, Hamar . 11, 16 From UI to EI . . . . . 26 Gale, Fred . . . . . . . . 4 Gartner, Rosemary . 27 Gay Male Pornography . . . . . 26 Gentile, Patrizia . . . . 8 Glasbeek, Amanda . . 2 Global Biopiracy . . . 24 Good Government? Good Citizens? . . . 25 Governing with the Charter . . . . . .24 Grand Experiment . 11 Greenberg, Josh . . . 9 Greene, Ian . . . . . . . 29 Haley, David . . . . . . . 4 Haluza-DeLay, Randolph . . . . . . . 18 Harris, Douglas C. . 14 Heiress vs the Establishment . . . 27 Hier, Sean P. . . . . . . . 9 Humanitarianism, Identity, and Nation . . . . . . 25 Indigenous Legal Traditions . . . . . . . 28 Insecurity, Collective . . . . . . . 27 Intercultural Dispute Resolution in Aboriginal Contexts . . . . . . . 29 Johnson, Rebecca . 28 Jordan, Pamela . . . 24

Judicial Decision Making in Child Sexual Abuse Cases . . . . . . . . . . 20 Justice Bertha Wilson 1 Kahane, David . . . . 29 Kelly, James B. . 5, 24 Kendall, Christopher . . 26 Kernerman, Gerald . 24 Kinsman, Gary . . . . . 8 Knafla, Lou . . . . . . . 25 Kramar, Kirsten . . . 25 Lament for a First Nation . . . . . . . . . 15 Landing Native Fisheries . . . . . . . 14 Langer, Rosanna . . 22 Last Word . . . . . . . 25 Law and Citizenship 28 Law and Religious Pluralism in Canada. 7 Law and Risk . . . . . 28 Law Commission of Canada . . . .28, 29 Laws and Societies in the Canadian Prairie West, 1670-1940 . . . . . . 25 Law, Unnatural . . . . 27 Leiper, Jean McKenzie . . . . . . . 23 Lessard, Hester . . 19 Let Right Be Done . 16 Limiting Arbitrary Power . . . . . . . . . 29 Lippert, Randy . . . . 23 MacFarlane, Julie . . 20 Manfredi, Christopher P. . . 5, 27 Mapping Marriage Law in Spanish Gitano Communities . . . . 23 Mawani, Renisa . . . 10 McIntosh, Wayne V. . 6 McLaren, John P.S. .26 Mcrae, D.M. . . . . . .21 Mestral, A.L.C. de . 21 Mgbeoji, Ikechi .24, 27 Moon, Richard . . . . . 7 Moore, Dawn . . . . . 22 Multiculturalism and the Canadian Constitution . . . . . 22 Multicultural Nationalism . . . . . 24 Multi-Party Litigation 6 Murdering Holiness .27 Napoleon, Val . . . . . 13

order online at www.ubcpress.ca

Negotiating Responsibility . . . 23 New Lawyer . . . . . 20 New Perspectives on the Public-Private Divide . . . . . . . . . .29 O’Riley, Pat . . . . . . 18 Ostberg, C.L. . . . . . 22 Our Box Was Full . . 29 Paterson, Robert K. .12 People and Place . . 27 Perilous Imbalance . . 3 Personal Relationships of Dependence and Interdependence in Law . . . . . . . . . . . 29 Phillips, Jim . . . . . . 27 Pothier, Dianne . . . 24 Poverty . . . . . . . . . . 19 Pratt, Anna . . . . . . . 24 Protection of First Nations Cultural Heritage . . . . . . . . 12 Raven, Heather . . . 16 Reaction and Resistance . . . . . . 19 Ribeiro, Marc . . . . . 29 Ross, Michael Lee . 25 Sacrifice . . . . . . . . . 23 Sanctuary . . . . . . . . 23 Sauvageau, Florian 25 Schneiderman, David . . . . . . . . . . 25 Securing Borders . . 24 Setting the Standard 4 Sovereignty . . . . . . . 23 Speaking for Ourselves . . . . . . 18 Surveillance . . . . . . . 9 Swainger, Jonathan . . . . 25, 27 Taras, David . . . . . . 25 Taxing Choices . . . . 28 Tierney, Stephen . . 22 Tollefson, Chris 4 Tournament of Appeals . . . . . . . . 26 Unwilling Mothers, Unwanted Babies .25 Webber, Jeremy . . 16 Wetstein, Matthew E. . . . . . 22 What Is a Crime? . . 28 White, Kimberley . . 23 Wood, Stepan . . . . . 3 Woolford, Andrew . 26 Wright, Margaret . . 20 Wright, Nancy E. . . . 26 Young, Margot . . . . 19

ordering form

QTY Title ISBN

Page#

_______ __________________________

_____________

______ _______

_______ __________________________

_____________

______ _______

_______ __________________________

_____________

______ _______

_______ __________________________

_____________

______ _______

* CRO after the price listing in the catalogue denotes that UBC Press holds Canadian rights only and may only ship such titles to Canadian addresses. **Shipping charges and taxes: Canada: first book, $8.50; each add’l $1.50; plus 5% GST US: first book, $12.50; each add’l, $2.50 Overseas: 1 book, $25.00; each add’l, $2.50

Price

Shipping** ___________ Subtotal

___________

Tax **

___________

Total _______________

Payment must accompany order forms from individuals. Outside Canada, all prices are in US dollars. Enclosed is: Charge to my: Name

 cheque (Payable to UBC Press)  Visa  Mastercard

_____________________________________________________________

Address _____________________________________________________________

_____________________________________________________________



_____________________________________________________________

Phone

______________________ E-mail _________________________________

Account ____________________________________ Expiry Date ______________

Signature _____________________________________________________________ Forms should be returned to: CANADA

U.S.

UTP Distribution

The University of Washington Press

5201 Dufferin Street Toronto, ON M3H 5T8

P.O. Box 50096, Seattle, WA, 98145-5096 USA

Phone orders: 1.800.565.9523 / 416.667.7791 Fax orders: 1.800.221.9985 / 416.667.7832 [email protected]

Phone orders: 1.800.441.4115 / 206.543.4050 Fax orders: 1.800.669.7993 / 206.543.3932 [email protected]

Prices and specifications subject to change without notice.

source code law09

To order from any other countries, please see the ordering contacts on the next page. order online at www.ubcpress.ca

|

Law

31

ordering information

Order online at www.ubcpress.ca

EXAMINATION COPIES

For further information, please contact Shari Martin at UBC Press: 604 822 1221 or e-mail [email protected]

UBC Press invites faculty members to write on departmental letterhead for an examination copy of any title you wish to consider for course adoption. You must state course name, semester, anticipated enrolment, and the book currently in use.

Eurospan University Press Group 3 Henrietta Street Covent Garden London WC2E 8LU, UK Phone: 44 0 (20) 7240 0856 Fax: 44 0 (20) 7379 0609 [email protected] Asia (excl. China, Taiwan and Hong Kong) & Pacific (incl. Australia and New Zealand) Royden Muranaka East West Export Books c/o University of Hawai’i Press 2840 Kolowalu Street Honolulu, Hawaii 96822, USA Phone: 808 956 8830 Fax: 808 988 6052 [email protected] China, Hong Kong, and Taiwan Asia Publishers Services Ltd Units B & D 17th Floor Gee Chang Hong Centre 65 Wong Chuk Hang Road Aberdeen, Hong Kong Phone: 852 2553 9289 Fax: 852 2554 2912 [email protected] Please note: prices listed are in US funds when ordered from outside Canada.

Paperback titles of interest for a course starting before their publication date may be available by special arrangement. Please contact Elizabeth Whitton at [email protected], 604 822 8226, or toll-free 1 877 377 9378. UBC Press charges a $8.50 shipping and handling fee for each examination copy. Please include payment with your request and send to the address below. REVIEW COPIES Please submit review requests on letterheaded paper to Kerry Kilmartin, Reviews Coordinator, fax: 604 822 6083. Note: All examination and review copy requests are provided at the Publisher’s discretion. ACKNOWLEDGMENTS UBC Press acknowledges the financial support of the Government of Canada through the Book Publishing Industry Development Program (BPIDP). We also gratefully acknowledge the assistance of the Province of British Columbia through the British Columbia Arts Council and the Humanities and Social Science Federation of Canada (Aid to Scholarly Publications Programme). UBC Press would like to express its appreciation to the Canada Council for the Arts in grateful recognition of its major contribution to all aspects of Canadian culture.

www.ubcpress.ca 32

Law

|

order online at www.ubcpress.ca

Why Publish with UBC Press? OUR AWARD-WINNING LIST UBC Press publishes books by leading scholars and up-and-coming academics, and our books consistently garner praise and win awards for both content and design. EFFICIENCY UBC Press is one of the most progressive and entrepreneurial university presses in North America. We move quickly to get your book published and focus resources on expertly marketing books to regional, national, and international markets. LOCATION UBC Press has offices with editorial staff in Vancouver and Toronto. We also have national sales coverage, allowing us to reach your readership as effectively as possible. SIZE As a mid-sized publisher, UBC Press is big enough to have efficient systems but small enough to retain a personal touch. We view authors as our most important resource and strive to keep the lines of communication wide open throughout the editorial, production, and marketing processes. EDITORIAL COMMITMENT UBC Press has a dynamic, energetic, and experienced team of editors work hard to ensure that authors find the experience of working with the Press positive and rewarding. PRODUCTION AND DESIGN UBC Press books are widely recognized for the excellence of their design and regularly receive major design awards. Our skilled team of production editors is one of the finest in the business. TECHNOLOGICAL EXPERTISE Our state-of-the-art production procedures, combined with access to some of the best designers, typesetters, cartographers, and editors, enable us to produce finished books without undue delay, rivaling and often surpassing other scholarly presses, and to an unparalleled standard. MARKETING UBC Press conducts a wide range of promotional activities, fields a national team of trade representatives, and has a full-time staff to promote books with potential for course use at universities and colleges. INTERNATIONAL CONNECTIONS Our excellent marketing and distribution agents specialize in academic books and hold stock in their own distribution facilities in Seattle, London, and Hong Kong. CONTACT US UBC Press always welcomes proposals for new books. Please direct proposals for books in this subject to: Randy Schmidt, [email protected], 4610 Darin Place, Kelowna, BC V1W 4S2. 4ELEPHONEs&AX

Asian Studies Anthropology BC Studies Canadian History Environmental Studies First Nations Studies Food Studies Gender Studies Health International Relations Law Military History Military and Security Studies Planning and Urban Studies Political Science Sociology

www.ubcpress.ca