All Publications

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Books

A History of Law in Canada Volume III: The Twentieth Century (University of Toronto Press and the Osgoode Society for Canadian Legal History, forthcoming 2024). Co-author with Philip Girard and R. Blake Brown.

A History of Law In Canada Volume II: Law for the New Dominion, 1867-1914 (University of Toronto Press and the Osgoode Society for Canadian Legal History, 2022) (with Philip Girard and Blake Brown).

A History of Law In Canada: Volume I, Beginnings to 1866 (Toronto: Osgoode Society for Canadian Legal History and University of Toronto Press,  2018), with Philip Girard and Blake Brown.

Essays in the History of Canadian Law Volume 10: A Tribute to Peter Oliver  (Toronto: Osgoode Society for Canadian Legal History and the University of Toronto Press, 2008) - editor with R.Roy McMurtry and Jack Saywell.

A History of Canadian Legal Thought: Collected Essays of R.C.B. Risk (Toronto: Osgoode Society for Canadian Legal History and the University of Toronto Press, 2006) - editor with G. Blaine Baker (view on Google Books).

From Enforcement and Prevention to Civic Engagement: Research on Community Safety (Toronto: University of Toronto Centre of Criminology, 2004) - editor with Bruce Kidd (view on Google Books).

The Supreme Court of Nova Scotia 1754-2004: From Imperial Bastion to Provincial Oracle (Osgoode Society for Canadian Legal History and the University of Toronto Press, 2004)  - editor with P. V. Girard and J.B. Cahill (view on Google Books).

Murdering Holiness: The Trials of Franz Creffield and George Mitchell (University of British Columbia Press and University of Washington Press, 2003) - with R. Gartner (view on Google Books).

Between State and Market: Essays on Charities Law and Policy in Canada (McGill-Queen's University Press, 2001) - editor with Bruce Chapman and David Stevens (view on Google Books).

Essays in the History of Canadian Law: Volume Eight - In Honour of R.C.B. Risk (University of Toronto Press and Osgoode Society for Canadian Legal History 1999) - editor with G. Blane Baker (view on Google Books).

Essays in the History of Canadian Law: Volume Five - Crime and Criminal Justice (University of Toronto Press and Osgoode Society for Canadian Legal History 1994) - editor with Tina Loo and Susan Lewthwaite.

Essays in the History of Canadian Law: Volume Three - Nova Scotia (University of Toronto Press and Osgoode Society for Canadian Legal History 1990) - editor with Philip Girard.
 

Book Chapters and Journal Articles

“The Invention of Advantage: Annapolis Group v. HRM and Canadian De Facto Expropriation Law”, Alberta Law Review (2023) Vol. 61, No .1.

“The Trials and Travails of Eliza Maria Campbell: Law and Gender in Ontario in the 1870s,” in Lori Chambers and Joan Sangster, eds., Essays in the History of Canadian Law Volume XII: New Perspectives on Gender and the Law (Toronto: Osgoode Society for Canadian Legal History and University of Toronto Press, 2023).

“Fifty Years of Canadian Legal History,” Dalhousie Law Journal, 2023, Vol. 46, No. 1, pp. 1-38 (with Philip Girard).

“The Colonial Origins of the Division of Powers in the British North America Act,” in Ian Pilarcyk, Brian Young, and Angela Fernandez, eds, Law, Life and the Teaching of Legal History: Essays in Honour of G. Blaine Baker (Kingston and Montreal: McGill Queen’s University Press, 2022). (with Tom Collins)

“History of the Prison in Canada”, in Carla Cesaroni, ed., Canadian Prisons: Understanding the Canadian Correctional Landscape (Toronto: Oxford University Press, 2020).

Guest Editor, Special Issue, A tribute to Douglas Hay. Osgoode Hall Law Journal, Vol. 54, 2017.

“Introduction" in Special Issue, A tribute to Douglas Hay. Osgoode Hall Law Journal, Vol. 54, 2017. pp. 683-686 (with Philip Girard).

"Judicial Independence in British North America, 1825-1867: Constitutional Principles, Colonial Finances, and the Perils of Democracy," Law and History Review, Vol. 34 , No. 3,  2016, pp. 689-743.

“The Many Meanings of Judicial Independence: Examples from British North America,’ Law in Context, vol 33, 2015, pp. 107 - 122.

“Purpose Trusts”, chapter 5 of Mark Gillen and Faye Woodman, eds., The Law of Trusts: A Contextual Approach (Toronto: Emond-Montgomery, 2015, 3^rd edition, update and revision), pp. 165-250.

"The Impeachment of the Judges of the Nova Scotia Supreme Court, 1787-1793: Colonial Judges, Loyalist Lawyers, and the Colonial Assembly," Dalhousie Law Journal, Vol. 34, No. 2, 2012, pp. 265 – 332.

"Manitoba Fisheries v. The Queen: The Origins of Canada's De Facto Expropriation Doctrine," in B. Ziff, E. Tucker, and J. Muir, eds., Property on Trial: Canadian Cases in Context (Osgoode Society for Canadian Legal History and Irwin Law, 2012) (with Jeremy Martin).

"Too Many Courts and Too Much Law: The Politics of Judicial Reform in Nova Scotia, 1830-1841," in Law and History Review, Law and History Review, Vol. 30, No. 1, 2012, pp. 89 - 133 (with Bradley Miller).

"'Exactions made upon the most distressed part of His Majesty's Subjects:' The Public Debate over Judicial Fees in Nova Scotia in the 1830's," in Pascall Bastien, Donald Fyson, Jean-Phillippe Garneau and Theirry Nootens, eds., Justice et espaces publics en Occident de l'Antiquité à nos jours (Rennes: Presses de l'Université de Rennes, 2011) (with Bradley Miller).

"Rethinking 'The Nation' in National Legal History: A Canadian Perspective," in Law and History Review, Vol. 29, 2011, pp. 607-626 (with Philip Girard).

"Why Legal History Matters," Victoria University of Wellington Law Review, Vol. 41, 2010, pp. 293-316. 

"A Certain Mallaise: Harrison v. Carswell, Shopping Centre Picketing, and the Limits of the Postwar Settlement,"  in J. Fudge and E. Tucker, eds., Canadian Labour Law Stories (Irwin Law and Osgoode Society for Canadian Legal History, 2010) (with Philip Girard).

"The Court and the Legal Profession: Loyalist Lawyers and the Nova Scotia Supreme Court in the 1780s," in C. Backhouse and W. Pue, eds., The Promise and Perils of Law: Lawyers in Canadian History (Toronto: Irwin Law, 2009), pp. 161-172.

"Introduction: Peter Oliver and the Osgoode Society for Canadian Legal History," in J. Phillips,  R.R. McMurtry and J. Saywell, eds., Essays in the History of Canadian Law Volume 10: A Tribute to Peter Oliver  (Toronto: Osgoode Society for Canadian Legal History and the University of Toronto Press, 2008), pp. 1-30 (with Roy McMurty and Jack Saywell).

"High Above The Generality of The People:  The Origins of the Nova Scotia Supreme Court Circuit," in J. Phillips,  R.R. McMurtry and J. Saywell, eds., Essays in the History of Canadian Law Volume 10: A Tribute to Peter Oliver (Toronto: Osgoode Society for Canadian Legal History and the University of Toronto Press, 2008), pp. 200-221.

"Courts, Communities, and Communication: The Nova Scotia Supreme Court on Circuit, 1816-1850," in  Hamar Foster, Andrew Buck, and Benjamin Berger, eds.,The Grand Experiment: Law and Legal Culture in British Settler Societies (Vancouver: University of British Columbia Press and Osgoode Society for Canadian Legal History, 2008), pp. 117-134 (with Philip Girard). 

"Purpose Trusts", in M. Gillen and F. Woodman, The Law of Trusts: A Contextual Approach (Toronto:  Emond-Montgomery), second edition, 2008.

"Albion's Empire:  Property, Authority and the Criminal Law in Eighteenth-Century Canada," Australian Journal of Legal History, Vol. 10, Nos. 1-2, 2006, pp. 21-29.

"Introduction," forthcoming in A History of Canadian Legal Thought: Collected Essays of R.C.B. Risk, edited by G. B. Baker and J. Phillips (Toronto: Osgoode Society for Canadian Legal History and the University of Toronto Press, 2006) (with G. Blaine Baker).

"Introduction", in B. Kidd and J. Phillips, eds., From Enforcement and Prevention to Civic Engagement: Research on Community Safety (Toronto: University of Toronto Centre of Criminology, 2004) - pp. 1 - 10 (with Bruce Kidd).

In P. Girard, J. Phillips, and J.B. Cahill, eds., The Supreme Court of Nova Scotia 1754-2004: From Imperial Bastion to Provincial Oracle (Osgoode Society for Canadian Legal History and the University of Toronto Press, 2004):

• "Origins to Confederation: The Supreme Court, 1754-1867" (with J.B. Cahill)
• "Michaelmas Term, 1754: The Supreme Court's First Session" (with J. Muir)
• "Introduction" (with P.V. Girard)
• "The Records of the Nova Scotia Supreme Court" (with J. MacLeod)

"The Creffield-Mitchell Case, Seattle 1906: The Unwritten Law in the Pacific Northwest", Pacific Northwest Quarterly, Vol. 94,  Spring 2003, pp. 69-82 (with R. Gartner).

"Incarcerating Holiness: Religious Enthusiasm and the Law in Oregon, 1904",  in C. Backhouse and J.Swainger, eds., People and Place: Historical Influences on Legal Culture (University of British Columbia Press, 2003) (with R. Gartner and K. De Luca).

“The Criminality of Women in Eighteenth-Century Halifax”, Acadiensis, Vol. 31, No. 2, 2002, pp. 71-97 (with Allyson May).

“Homicide in Nova Scotia, 1749-1815", Canadian Historical Review, Vol. 82, No. 4, 2001, pp.  625-661 (with Allyson May).

“The Commercial Lease: Property or Contract”, Alberta Law Review, Vol. 38, No. 4, 2001, pp. 989-1039 (with Jason Brock).
 
In Jim Phillips, Bruce Chapman, and David Stevens, eds., Between State and Market: Perspectives on Charity Law and Policy in Canada (McGill-Queen's University Press, 2001):

• "The Federal Court of Appeal and the Legal Meaning of Charity: A Review and a Critique", pp. 219-250
• "Religion, Charity, and the Charter of Rights", pp. 316-342
• "Charity and the Income Tax Act: The Supreme Court of Canada Speaks", pp. 343-372 (with M. Moran)

"Purpose Trusts", in M. Gillen and F. Woodman, The Law of Trusts: A Contextual Approach (Toronto:  Emond-Montgomery 2000), pp. 179-267.

"The Criminal Trial in Nova Scotia, 1749-1815", in G. Blaine Baker and Jim Phillips, eds., Essays in the History of Canadian Law: Volume Eight - In Honour of R.C.B. Risk (University of Toronto Press and Osgoode Society for Canadian Legal History 1999), pp. 469-511.

" 'The Course of Law Cannot Be Stopped': The Aftermath of the Cumberland Rebellion in the Civil Courts of Nova Scotia, 1778-1808" Dalhousie Law Journal, Vol. 21, No. 2, 1998, pp. 440-474 (with Ernest Clarke).

"Halifax Juries in the Eighteenth Century", in Greg Smith, Allyson May, and Simon Devereaux, eds., Criminal Justice in the Old World and the New: Essays in Honour of John M. Beattie (University of Toronto Press and Centre of Criminology, 1998), pp. 135-182.

"Case Comment: Human Life International of Canada v. Minister of National Revenue", Philanthropist, Vol. 15, No. 4, 1998, pp. 4-16.

"The Ontario Law Reform Commission and the Legal Meaning of Charity", Philanthropist, Vol. 14, No. 2, 1997, pp. 45-55.

"Recent Publications in Canadian Legal History", Canadian Historical Review, Vol. 78, No. 2, 1997, pp. 236-257.

"Rebellion and Repression in Nova Scotia in the Era of the American Revolution", in F.M. Greenwood and J.B. Wright, eds., Canadian State Trials: Volume One (University of Toronto Press and Osgoode Society for Canadian Legal History, 1997), pp. 172-220 (with Ernest Clarke).

"Crime and Punishment in the Dominion of the North: Canada from New France to the Present", in Clive Emsley and Louis A. Knafla, eds.,  Crime History and Histories of Crime: Studies in the Historiography of Crime and Criminal Justice (Westview Press, 1996), pp. 163-199.

In Jim Phillips, Tina Loo, and Susan Lewthwaite, eds., Essays in the History of Canadian Law:  Volume Five - Crime and Criminal Justice (University of Toronto Press and Osgoode Society for Canadian Legal History, 1994):

• "Introduction", pp. 3-16 (with Tina Loo and Susan Lewthwait)
• "Women, Crime and Criminal Justice in Early Halifax, 1750-1800", pp. 174-206

"John Wilson Murray" in Dictionary of Canadian Biography: Volume 13 (University of Toronto Press, 1993) (with Joel Fortune).

"Securing Obedience to Necessary Laws: The Criminal Law in Eighteenth Century Nova Scotia", Nova Scotia Historical Review, Vol. 12, No. 2, 1992, pp. 87-124.

"The Operation of the Royal Pardon in Nova Scotia, 1749-1815", University of Toronto Law Journal, Vol. 42, No. 3, 1992, pp. 401-449.

"Case Comment: Everywoman's Health Centre Society v. Minister of National Revenue", Philanthropist, Vol. 11, No. 2, 1992, pp. 3-14.

"The History of Canadian Criminal Justice, 1750-1920", in R. Ericson, C. Shearing and J. Gladstone, eds., Criminology:  A Reader's Guide (University of Toronto Press and Centre of Criminology 1991), pp. 65-124.

In Philip Girard and Jim Phillips, eds., Essays in the History of Canadian Law:  Volume Three - Nova Scotia (Toronto: University of Toronto Press and Osgoode Society for Canadian Legal History 1990):

• "Introduction", in above, pp. 3-9 (with Philip Girard)
• "Poverty, Unemployment and the Criminal Law: The Administration of the Vagrancy Laws in Halifax, 1864-1890", pp. 128-162

"Anti-Discrimination, Freedom of Property Disposition, and the Public Policy of Charitable Educational Trusts:  A Comment on Re Canada Trust Company and the Ontario Human Rights Commission", Philanthropist, Vol. 9, No. 3, 1990, pp. 3-42.

"The Problem of Surpluses in Funds Raised by Public Appeal", Philanthropist, Vol. 9, No. 2, 1990, pp. 3-23.

"Parliament and Southern India, 1781-83:  The Secret Committee of Inquiry and the Prosecution of Sir Thomas Rumbold", Parliamentary History, Vol. 8, No. 1, 1988, pp. 81-97.
 
"Private Profit and Imperialism in Eighteenth Century Southern India:  The Tanjore Revenue Dispute, 1775-1777", South Asia, Vol. 9, No. 2, 1986, pp. 1-15. Republished in Journal of Indian History, Vol. 57, Parts 1-3, 1987.

"A Successor to the Mughals:  The Nawab of the Carnatic and the East India Company, 1763-1785", International History Review, Vol. 7, No. 3, 1985, pp. 364-389. Republished in P. Tuck, ed, The East India Company: Economics and Expansion (London: Routledge 1997), pp. 168-194 .

" 'Our Execrable Banditti': Perceptions of Nabobs in Mid Eighteenth Century Britain", Albion, Vol. 16, No. 3, 1984, pp. 225-241 (with Philip Lawson). Reprinted in Philip Lawson, A Taste for Empire and Glory: Studies in British Overseas Expansion, 1660-1800 (Aldershot: Variorum 1997). 

Minor Publications

Property Law: Cases and Materials (2 vols.) - in house compilation for the first year property course at the University of Toronto. Compiled initially in 1992 and revised every year since then.

Articles and short case comments on charities law and policy in Philanthropist.

Book reviews in University of Toronto Quarterly, BC Studies, Osgoode Hall Law Journal, Canadian Historical Review, American Journal of Legal History, Philanthropist, Histoire Sociale/Social History,  Law and History Review, University of Toronto Law Journal, Canadian Bar Review, and in Canadian Journal of History. 

Current Research

Crime and the Courts in Early Canada: Nova Scotia, 1749-1867.

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