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Legal History

Articles & Book Chapters

2020

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Full-Text Articles in Law

St-Laurent, Judging, Justice, And The Death Penalty In The Shadow Of The Cold War, Philip Girard Jan 2020

St-Laurent, Judging, Justice, And The Death Penalty In The Shadow Of The Cold War, Philip Girard

Articles & Book Chapters

No abstract provided.


The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard Jan 2020

The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard

Articles & Book Chapters

In the century after the fall of New France, both Indigenous peoples of Canada and French Canadians could be described as colonised peoples. Yet the treatment of each group's pre-existing laws and the ways in which each found its constitutional demands recognised (or not) varied considerably. In spite of significant rebellions in 1837-1838, French Canadians went on to achieve a high degree of autonomy within the province of Quebec in the British North America Act 1867. Meanwhile, intercultural legal arrangements with Indigenous peoples, such as the Covenant Chain, which could be termed constitutional, were gradually undermined, ignored and forgotten. This …