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Osgoode Society for Canadian Legal History
Canadian State Trials, Volume V

Canadian State Trials, Volume V

World War, Cold War, and Challenges to Sovereignty, 1939–1990

Edited by Barry Wright, Susan Binnie and Eric Tucker

Published by: University of Toronto Press

Series: Osgoode Society for Canadian Legal History

Imprint: University of Toronto Press

19 b&w illustrations

Digital download
9781487546052
Published: November 2022

Digital download
9781487546045
Published: November 2022

Description
Contents
Authors

The fifth and final volume of the Canadian State Trials series examines political trials and national security measures during the period of 1939 to 1990. Essays by historians and legal scholars shed light on experiences during the Second World War and its immediate aftermath, including uses of the War Measures Act and the Official Secrets Act with the unfolding of the Cold War and legal responses to the FLQ (including the October Crisis), labour strikes, and Indigenous resistance and standoffs. The volume critically examines the historical and social context of the trials and measures resulting from these events, concluding the first comprehensive series on this important area of Canadian law and politics.

The fifth volume’s exploration of state responses to real and perceived security threats is particularly timely as Canada faces new challenges to the established order ranging from Indigenous nations demanding a new constitutional framework to protestors challenging discriminatory policing and contesting public health measures.

(Osgoode Society for Canadian Legal History)

Foreword
Osgoode Society

Acknowledgments

Preface
Douglas Hay

1. Introduction: World War, Cold War, and Challenges to Sovereignty
Barry Wright, Susan Binnie, and Eric Tucker

2. Constitutional Wrongs: The Wartime Constitution and Japanese Canadians c.1942–1946
Eric M. Adams and Jordan Stanger Ross

3. Prosecuting Kurt Meyer: The Abbaye d’Ardenne War Crimes Trial
Craig Forcese

4. The Gouzenko Affair: From Star Chamber to the Court Room
Reg Whitaker

5. The Enemy Within: Review and Comparison of Early Cold War Canadian and American Spy Trials
Barbara J. Falk and Tyler Wentzell

6. Labour versus the Injunction: Insights into the Surveillance State and Public Order Policing during the 1966 Lenkurt Electric Strike
Chris Madsen

7. The FLQ and Judicial Guerrilla Warfare, 1963–1972
Jean-Philippe Warren

8. The 1971 Trial of the Montréal Five: Seditious Conspiracy and the FLQ
Darren Pacione

9. The McDonald Commission Investigates the RCMP Security Service, 1977–1983
C. Ian Kyer

10. Standoffs at Meares and Lyell Islands, 1984–85: Civil Disobedience and the Indigenous Land Question in British Columbia
Benjamin Isitt

11. Sovereignty and Legality in the Pines: The Oka Crisis of 1990
Mark D. Walters

12. Epilogue: Canadian State Trials in Retrospect
Barry Wright

Appendix: Previous Titles in Series

Supporting Documents

List of Contributors

Index

Barry Wright is a professor emeritus of law and history at Carleton University.

Susan Binnie is an independent scholar living in Toronto.