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Surveying the court’s history from 1910 to the present, this authoritative history tells the story of how the court came into being, how it has operated, who its judges have been, and how it has shaped – and been shaped by – the social, political, and legal development of the province. Biographical sketches and group portraits of judges based on memoirs, interviews, and other written sources, along with careful explorations of significant and representative cases, help to define each period in the court’s past and reveal much about historical developments in British Columbia and changes in the court itself.
Richly illustrated and engaging, this book is the first comprehensive history of a provincial appeal court and a much-needed addition to the judicial history of Canada. It provides material for comparative studies across Canada and raises questions for British Columbia legal historians to pursue and for scholars, judges, lawyers, and Canadians in general to ponder.
This book raises questions for British Columbia legal historians to pursue and for scholars, judges, lawyers, and Canadians in general to ponder.
This is an original contribution to knowledge of this important judicial institution ... one that ... will increas[e] awareness of our legal institutions and their impact in society.
The book clearly makes a useful contribution to the field of legal history – the British Columbia Court of Appeal is largely untilled soil. And the subject is important: witness the fact that the court’s centenary is also being marked by a conference, a special issue of BC Studies, a video, and a special issue of the Advocate.
Chistopher Moore has written an engaging history of the British Columbia Court of Appeal. The personalities of the judges, the problems they confronted, and the context in which they worked all come very much alive. This book provides the reader with a clear picture of the evolution of one of Canada's most important legal institutions.
Foreword
Preface and Acknowledgments
1 The Origins of the Court
2 The Founders’ Court, 1910-40: The Macdonald-Martin Courts
One Case from the 1910s: In Re Munshi Singh
One Case from the 1920s: Attorney General of Canada v. Gonzalves
One Case from the 1930s: R. v. Richards and Woolridge
3 Transition and Growth, 1940-57: The Macdonald-McDonald-Sloan Courts
One Case from the 1940s: Ronan v. Hortin
One Case from the 1950s: Guay v. Sun Publishing Company
4 A Growing Court in a Growing Province, 1958-78: The DesBrisay-Lett-Bird-Davey-Farris Courts
One Case from the 1960s: R. v. White and Bob
One Case from the 1970s: R. v. Miller and Cockriell
5 Justice on a New Scale, 1979-2001: The Nemetz-McEachern Courts
One Case from the 1980s: Rutherford v. Rutherford
One Case from the 1990s: Atley v. Popkum Water Slides Ltd.
6 Toward a Second Century, 2001-10: The Finch Court
One Case from the 2000s: Barbeau v. British Columbia
Appendices
Notes
Index