LEADER 05415nam 2200733Ia 450 001 9910780512503321 005 20230912145108.0 010 $a0-7748-5477-4 010 $a1-283-11199-3 010 $a9786613111999 024 7 $a10.59962/9780774854771 035 $a(CKB)2430000000000503 035 $a(OCoLC)180704398 035 $a(CaPaEBR)ebrary10139098 035 $a(SSID)ssj0000568776 035 $a(PQKBManifestationID)12169338 035 $a(PQKBTitleCode)TC0000568776 035 $a(PQKBWorkID)10554583 035 $a(PQKB)10045543 035 $a(SSID)ssj0000382599 035 $a(PQKBManifestationID)11271791 035 $a(PQKBTitleCode)TC0000382599 035 $a(PQKBWorkID)10394549 035 $a(PQKB)11144038 035 $a(CaPaEBR)404067 035 $a(CaBNvSL)jme00326434 035 $a(Au-PeEL)EBL3412293 035 $a(CaPaEBR)ebr10146850 035 $a(CaONFJC)MIL311199 035 $a(OCoLC)923443184 035 $a(VaAlCD)20.500.12592/hbhvk4 035 $a(schport)gibson_crkn/2009-12-01/2/404067 035 $a(MiAaPQ)EBC3412293 035 $a(MiAaPQ)EBC3246035 035 $a(DE-B1597)662068 035 $a(DE-B1597)9780774854771 035 $a(EXLCZ)992430000000000503 100 $a20000411d2000 uy 0 101 0 $aeng 135 $aurcn||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 14$aThe Canadian Department of Justice and the completion of confederation, 1867-78 /$fJonathan Swainger 210 $aVancouver $cUBC Press$d2000 215 $a1 online resource (177 pages) 300 $aBibliographic Level Mode of Issuance: Monograph 311 0 $a0-7748-0792-X 311 0 $a0-7748-0793-8 320 $aIncludes bibliographical references (p. [155]-160) and index. 327 $aMachine generated contents note: 1 lntroduction t 3 -- 2 An Apolitical Advisor: The Fiction of the Attomey General / 19 -- 3 The Department of Justice and the Business of Governance / 36 -- 4 Advisors to the Crown and the Prerogative of Mercy 1 56 -- S Canadian Penitentiaries and the Rhetoric of Nation, Centralization, -- and Reform / 79 -- 6 The Department of Justice and the Judiciary / 98 -- 7 Conclusion / 123 -- Notes / 133 -- Selected Bibliography 155 -- Index/ 161. 330 $aThe federal Department of Justice was established by John A. Macdonald as part of the Conservative party's program for reform of the parliamentary system following Confederation. Among other things, it was charged with establishing national institutions such as the Supreme Court and the North West Mounted Police and with centralizing the penitentiary system. In the process, the department took on a position of primary importance in post-Confederation politics. This was particularly so up to 1878, when Confederation was "completed." Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867. Drawing on legal records and other archival documents, he details the complex interactions between law and politics, exploring how expectations both inside and outside the legal system created an environment in which the department acted as an advisor to the government. He concludes by considering the post-1878 legacy of the department's approach to governance, wherein any problem, legal or otherwise, was made amenable to politicized solutions. Unfortunately for the department and the federal government, this left them ill-prepared for the constitutional battles to come. One crucial task was to establish responsibilities within the federal government, rather than just duplicate offices which had existed prior to union. Others were the establishment of national or quasi- national institutions such as the Supreme Court (1875) and the North-West Mounted Police (1873), the redrafting of the Governor-General's instructions (which was done between 1875 and 1877), and centralization of the penitentiary system (completed by 1875). The Department benefited from a deeply rooted expectation that law was both apolitical and necessary. This ideology functioned in a variety of ways: it gave the Department considerable latitude for setting policy and solving problems, but rationalized the appearance of politicized legal decisions. It also legitimized Department officials' claim that it was especially suited to review all legislation, advise on the royal prerogative of mercy, administer national penitentiaries, and appoint judges to the bench. Ultimately, the fictional notion of law as apolitical and necessary placed the Department of Justice squarely in the midst of the completion of Confederation. The Canadian Department of Justice and the Completion of Confederation will be of particular interest to students and scholars of Canadian legal and political history. 606 $aJustice, Administration of$zCanada$xHistory$y19th century 607 $aCanada$xPolitics and government$y1867-1914 615 0$aJustice, Administration of$xHistory 676 $a353.4/0971/09034 700 $aSwainger$b Jonathan Scott$f1962-$01521187 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910780512503321 996 $aThe Canadian Department of Justice and the completion of confederation, 1867-78$93760133 997 $aUNINA