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

Foreword

Foreword T H E O S G O O D E S O C I E T Y F O R C A N A D I A N L E G A L H I S T O R Y The purpose of the Osgoode Society for Canadian Legal History is to encourage research and writing in the history of Canadian law. The Society , which was incorporated in 1979 and is registered as a charity, was founded at the initiative of the Honourable R. Roy McMurtry, a former attorney general for Ontario, now Chief Justice of Ontario, and officials of the Law Society of Upper Canada. Its efforts to stimulate the study of legal history in Canada include a research support program, a graduate student research program and work in the fields of oral history and legal archives. The Society publishes volumes that contribute to legal-historical scholarship in Canada, including studies of the courts, the judiciary and the legal profession, biographies, collection of documents, studies in criminology and penology, accounts of significant trials and work in the social and economic history of the law. Current directors of the Osgoode Society for Canadian Legal History are Jane Banfield, Tom Bastedo, Brian Bucknall, Archie Campbell, Susan Elliott, J. Douglas Ewart, Martin Friedland, Charles Harnick, John Honsberger , Kenneth Jarvis, Allen Linden, Virginia MacLean, Wendy Matheson , Colin McKinnon, Roy McMurtry, Brendan O’Brien, Peter Oliver, Paul Reinhardt, Joel Richler, James Spence and Richard Tinsley. The annual report and information about membership may be obtained by writing: The Osgoode Society for Canadian Legal History, Osgoode Hall, 130 Queen Street West, Toronto, Ontario M5H 2N6. Professor James Walker is a distinguished historian who has made a substantial contribution to understanding the role of minority groups, especially aboriginal populations and those of African ancestry, in the Canadian past. The present study is a culmination of years of thought and research in this critical area. ‘‘Race,’’ Rights and the Law in the Supreme Court of Canada: Historical Case Studies is a superb analysis of how the Canadian judicial system dealt with four cases where ‘‘race’’ and ‘‘law’’ intersected: Quong Wing v. The King (1914); Christie v. York Corporation (1939); Noble and Wolf v. Alley (1950); and Narine-Singh v. Attorney General of Canada (1955). Professor Walker himself aptly notes that the events described in this book will ‘‘challenge many Canadians’ image of our national history and character, and the nature of our justice system.’’ But these events are on the whole encouraging and even inspirational, revealing how minority Canadians confronted restrictions in the past despite institutional barriers . The book also illustrates the rich possibilities of using case law to illuminate Canadian social history and the value of understanding the context of the times in interpreting court decisions. Not least impressive is how surefootedly Professor Walker, without formal legal training, has tackled and understood legal issues of great complexity and subtlety. ‘‘Race,’’ Rights and the Law achieves new standards of legal-historical analysis in Canada. It will be of great interest to scholars of law and history and to all those concerned with building a Canadian future worthy of those who challenged racial disadvantage in the past. R. Roy McMurtry President Peter N. Oliver Editor-in-Chief viii ‘‘Race,’’ Rights and the Law in the Supreme Court of Canada ...