July 17, 2009

Canadian Legal Norms On Film

Ed Morgan, University of Toronto Faculty of Law, has published "The Mild, Mild West: Living by a Code in Canadian Law and Film," at 2 Law, Culture, and the Humanities 115-135 (2006).
Canadians live by the rules. If the overriding myth of American history is that of rugged individualism and the conquest of the frontier, the story told of Canada is one of socialized, orderly engagement with and development of the north. This article probes the national image as it appears in the poplar and the legal realms. The vehicles for this exploration are Canadian constitutional law and Canadian film. A species of case law - that dealing with the division of powers and, more specifically, with federal criminal jurisdiction - will be juxtaposed with a species of movie - the Canadian North Western and, more specifically, The Grey Fox (1982). The imagery and national aspirations expressed in one medium help illuminate the equivalent motifs in the other. It turns out that if Canadians live by anything, it is a code of continuous dissent, since the constitutional rules that govern national life are in an evolving state of debate.

Download the article from SSRN here.

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