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"Race,” Rights and the Law in the Supreme Court of Canada: Historical Case Studies

Autor James W.S. Walker
en Limba Engleză Paperback – 26 oct 1997
Four cases in which the legal issue was 'race' -- that of a Chinese restaurant owner who was fined for employing a white woman; a black man who was refused service in a bar; a Jew who wanted to buy a cottage but was prevented by the property owners' association; and a Trinidadian of East Indian descent who was acceptable to the Canadian army but was rejected for immigration on grounds of 'race' -- drawn from the period between 1914 and 1955, are intimately examined to explore the role of the Supreme Court of Canada and the law in the racialisation of Canadian society. With painstaking research into contemporary attitudes and practices, Walker demonstrates that Supreme Court Justices were expressing the prevailing 'common sense' about 'race' in their legal decisions. He shows that injustice on the grounds of 'race' has been chronic in Canadian history, and that the law itself was once instrumental in creating these circumstances. The book concludes with a controversial discussion of current directions in Canadian law and their potential impact on Canada's future as a multicultural society.
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Specificații

ISBN-13: 9780889203068
ISBN-10: 0889203067
Pagini: 464
Dimensiuni: 150 x 223 x 24 mm
Greutate: 0.62 kg
Editura: Wilfrid Laurier University Press

Cuprins

Table of Contents for
"Race," Rights and the Law in the Supreme Court of Canada: Historical Case Studies by James W.St.G. Walker

Foreword

Preface

Acknowledgments

Invitation

Chapter 1: Orientation

"Race" and the Law

Approaching the Bench

Approaching the Past

Chapter 2: Quong Wing v. The King

The Legislation

The Chinese Problem

Restriction and Regulation

Litigation

Defending the Family

The Moral Crusade

Chinese Response

Quong Wing and Quong Sing

Quong Wing v. the King

Explanations

Quong Wing as Precedent

Chapter 3: Christie v. York Corporation

The Incident

"Jim Crow" in Canada

The Montreal Community

Issues and Initiatives

La Question de la Liberté

In the Supreme Court of Canada

Aftermath

Christie as Precedent

Chapter 4: Noble and Wolf v. Alley

Exclusive Clientele

Counter Attack

Principles and Policies

The Public Interest

Preparing for the Supreme Court of Canada

Noble and Wolf v. Alley

Noble and Wolf as Precedent

Chapter 5: Narine-Singh v. Attorney General of Canada

"Race" and Immigration

Restrictive Tradition

South Asian Immigration

Rehearsal: Narain Singh and Munshi Singh

West Indian Immigration

Policy Shifts, 1945-52

The Immigration Act, 1952

Campaign for Immigration Reform

The Inevitable: Harry Singh in the Ontario Courts

Anticlimax: The Supreme Court of Canada

Confirmation

Chapter 6: Implications

"Race" and "Race Relations"

Legal Sensibility

Historical Study

Afterword

Directions in Public Policy

Apprehensions

Reflections

Index