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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Colonial Justice New ed

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ISBN13: 9780802086884
ISBN: 0802086888
Published: December 2003
Publisher: University of Toronto Press
Format: Paperback
Price: £23.99

In 1791, when the Constitutional Act created a legislative assembly for Upper Canada, the colonists and their British rulers decreed that the operating criminal justice system in the area be adopted from England, to avoid any undue influence from the nearby United States. In this study of early Canadian law, David Murray delves into the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, to analyse the criminal justice system in the district during the first half of the nineteenth century. Murray explores how local characteristics affected the operation of a criminal justice system transplanted from England. In addition to examining the roles of the Niagara magistrates, constables, and juries, he analyses how legal processes affected Upper Canadian morality, the treatment of the insane, social welfare, and views on crime committed in the district. Integrating the stories of the individuals caught up in the legal system, Murray explores law from a local perspective, and illustrates how the Niagara region's criminal justice system operated under influences from both Britain and the United States.

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