Osgoode Society Books

Our books are listed here chronologically by date of publication. Use the Search function to the right to find a particular book, or author.

MEMBERS’ BOOK 2020

Our members’ book for 2020 is Doodem and Council Fire: Anishinabe Governance through Alliance, by Heidi Bohaker, Associate Professor of History, University of Toronto and published by the University of Toronto Press. While Canada’s constitution protects Indigenous treaty rights, Canadians know much less about the legal traditions of Indigenous nations and the ways in which these different traditions informed treaties made between Indigenous peoples and the Crown. This volume is a ground-breaking exploration of one Indigenous legal tradition. In it, the author explains how a uniquely Anishinaabe category of kinship, the doodem, structured governance and law as practiced in formal councils (referred to metaphorically as fires) through the practice of alliance formation.  Such alliances created relationships of interdependence, which were renewed through the exchange of gifts in council. The records of early Canadian treaties, Bohaker argues, are to be found in the records of gifts exchanged to create these alliances between council fires; the Anishinaabe treated the French, and later the British, as if their governments were council fires also.  In return, colonial officials adhered to Indigenous law when they entered into treaties. Bohaker weaves together a voluminous amount of research from both Anishinaabe and European sources, including archival documents and material culture from institutions in Canada, Britain and France, to describe the continuities and changes in Anishinaabe governance and law until settler colonial law (the Indian Act) replaced traditional governance with elected band councils.

OPTIONAL EXTRA 2020

In 2020 we are also publishing  The Death Penalty and Sex Murder in Canadian History, by Professor Carolyn Strange of the Australian National University in Canberra.  This major study of the operation of the death penalty focusses on the disposition by executive review of all cases between Confederation and the abolition of the death penalty in which the offender not only committed murder but did so at the same time as he (or she) also committed a serious sexual offence. Professor Strange is able to show that such offenders fared much less well in the commutation process than other people convicted of murder and sentenced to death. As importantly, she divides the overall narrative into six periods, showing that within each period political, administrative and public consideration of the cases were conducted against a background of other concerns, ranging from the ‘danger’ of immigrants to the rise of psychiatric concern with such offenders to the abolition movement of the 1960s.

 

Manitoba

  • Law, Life and Government at Red River

    By Dale Gibson, Emeritus Professor of Law, University of Manitoba. The General Quarterly Court of Assiniboia can justly be called the first ‘British’ court in western Canada. Although there were predecessor institutions and judicial arrangements for hearing criminal and civil cases, the establishment of the Quarterly Court in the 1830s put the administration of justice… Read more »

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  • The Court of Queen’s Bench of Manitoba 1870-1950: A Biographical History

    by Dale Brawn, Professor, Department of Law & Justice, Laurentian University. Published wth the University of Toronto Press, 2006. This study of the Manitoba judiciary is the first complete biographical history of a provincial bench. The relative youth of Manitoba and the small size of its legal profession makes possible an exceptionally detailed investigation of the… Read more »

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