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)
The final volume of the Osgoode Society’s Canadian State Trials series sheds light on the legal issues surrounding perceived security threats in Canada in the twentieth century.
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.19421946
Eric M. Adams and Jordan Stanger Ross
3. Prosecuting Kurt Meyer: The Abbaye dArdenne 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, 19631972
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, 19771983
C. Ian Kyer
10. Standoffs at Meares and Lyell Islands, 198485: 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.
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