Dr. Lyndsay Campbell, PhD

Associate Dean, Research

Faculty of Law

Associate Professor

Faculty of Law

Associate Professor

Department of History, Faculty of Arts

PhD

University of California at Berkeley

LLM

University of British Columbia

LLB

University of British Columbia

MA - English Literature

University of Toronto

BA - English Literature

University of British Columbia

Courses

  • Law 595: Canadian Legal History

Research and teaching

Research areas

  • Legal History
  • The regulation of expression
  • The interaction between extralegal and legal approaches to regulation
  • Comparisons between Canadian and American approaches to law, constitutionalism and regulation

Activities

Lyndsay's research interests include Canadian and American legal history, the regulation of expression, the interaction between extralegal and legal regulatory strategies, comparisons between Canadian and American approaches to law, and nineteenth-century Canadian constitutionalism.

Lyndsay’s monograph, Truth and Privilege: Libel Law in Massachusetts and Nova Scotia, 1820-1840, is forthcoming from Cambridge University Press and will be the first ever joint imprint of the Osgoode Society for Canadian History and the American Society for Legal History’s Studies in Legal History series. Canada’s Legal Pasts: Looking Forward, Looking Back, a collection Lyndsay co-edited with Ted McCoy and Mélanie Méthot, was published in May 2020 with the University of Calgary Press and is available in open access format. We hope the book will appeal to students and aspiring legal historians, as well as to old hands. Articles on aspects of Canadian constitutional history have appeared in the Law & History Review and the International Journal of the Legal Profession, and an essay on libel law and the professionalization of medicine in Alberta was published in law&history. Several years ago, Lyndsay collaborated with Professor Tony Freyer of the University of Alabama on a co-authored and co-edited collection that explored law’s relation to race in the U.S.-Canadian borderlands in the mid-nineteenth century. Articles related to libel law and to the treatment of race in Canadian law have also appeared in the Canadian Journal of Law and Society, the Dalhousie Law Journal, and the Queen's Law Journal. An essay on the 1917 War-Time Elections Act and Canadian women’s first appearance at the federal polls is forthcoming in a volume being edited by Joan Sangster and Lori Chambers. An article on the first “abolition riot” is forthcoming in the New England Quarterly. Lyndsay is currently exploring parliamentary privilege and its position in Canadian constitutional history and is also working on a libel case brought by R.B. Bennett in Calgary in 1916. 

Lyndsay particularly welcomes inquiries from those interested in pursuing LLM studies in Canadian, British and American legal history.


Biography

Lyndsay grew up in Calgary but spent most of her post-secondary educational career on the west coast, in British Columbia and California. She practised briefly with McCarthy Tétrault in Vancouver and independently, in connection with the B.C. Human Rights Tribunal. She clerked for justices L.G. Finch and J.D. Lambert at the British Columbia Court of Appeal.

Lyndsay is cross-appointed to the Department of History in the Faculty of Arts, where she teaches courses in Canadian and American history. In Law, she has tended to teach courses on Canadian legal history and on legal theory. She also teaches in the undergraduate Law and Society program.

Lyndsay is a non-practising member of the British Columbia Bar.

Lyndsay is a former president of the Canadian Law and Society Association and a long-time member of the Standing Committee on the Annual Meeting of the American Society for Legal History.


Publications

Books

  • Lyndsay Campbell, Ted McCoy and Mélanie Methot eds., Canada’s Legal Past: Looking Forward, Looking Back (University of Calgary Press, 2020).
  • Tony Freyer and Lyndsay Campbell, eds., Freedom's Conditions in the U.S.-Canada Borderlands in the Age of Emancipation (Carolina Academic Press, 2011).

Journal Articles

  • Lyndsay Campbell and Heidi Exner, “An Elusive Remedy: A Calgary Chiropodist Complains of Libel, 1916,” (2019) 6(1) law&history 115-42.
  • Lyndsay Campbell, "S.G.W. Archibald and Liberal Constitutionalism in Nova Scotia, 1820-40" (2017) 24(1) International Journal of the Legal Profession 39-45.
  • Lyndsay Campbell, “Law and Order: Recent Works on Canadian Legal History” 44(2) Acadiensis (2015): 149-60.
  • Lyndsay Campbell, "Race, Upper Canadian Constitutionalism and 'British Justice'" (2015) 33(1) Law and History Review 41-91.
  • Lyndsay Campbell, "'The Disorderly Conduct of a Few': Crime and Hamilton's Racial Geography in the Early 1850s" (2012) 28(3) Canadian Journal of Law & Society 369-86.
  • Lyndsay Campbell, “Race and the Criminal Justice System in Canada West: Burglary and Murder in Hamilton, 1852-53” (2012) 37(2) Queen’s Law Journal 477-522.
  • Lyndsay Campbell, "Licence to Publish: Joseph Howe's Contribution to Libel Law in Nova Scotia" (2006) 29(1) Dalhousie Law Journal 79-116.
  • Lyndsay Campbell, "A Slub in the Cloth: R. v. St. Clair and the Pursuit of a 'Clean Theatre' in Toronto, 1912-1913" (2000) 15(1) Canadian Journal of Law and Society 187-220.

Chapters in Books

  • Lyndsay Campbell, "Truth and Privilege: Libel Treatises and the Transmission of Legal Norms in the Early Nineteenth-Century Anglo-American World," in Angela Fernandez and Markus Dubber, eds., Law Books in Action: Essays on the Anglo-American Legal Treatise (Hart Publishing, 2012). 
  • Lyndsay Campbell, "Starkie's Adventures in North America: The Emergence of Libel Law," in Hamar Foster, Benjamin L. Berger, and A. R. Buck, eds., The Grand Experiment: Law & Legal Culture in British Settler Societies (Vancouver: UBC Press, 2008).

Selected Recent Conference Presentations

  • “Political Scandals of World War I: An Alberta View.” Presented at the midwinter meeting of the Canadian Law and Society Association, University of Manitoba, Jan. 19-20, 2019.
  • “An Uncertain Remedy: A Calgary Chiropodist Complains of Libel, 1916,” with Heidi Exner. Presented at the Law and Society Association of Australia and New Zealand annual conference, University of Wollongong, Dec. 12-15, 2018.
  • “Politics and Procedure: The Libel Trials of D. Algar Bailey, 1916-18,” with Heidi Exner. Presented at the Australia New Zealand Law and History Society annual conference, University of Wollongong, Dec. 10-12, 2018.
  • “Lessons from the Rock: Kielley v Carson and the Canadian History of Parliamentary Privilege.” Presented at Legal History and Empires: Perspectives from the Colonized conference, University of the West Indies, July 11-13, 2018.
  • “Courts, Assemblies and Privilege: Individual Rights in the Colonies in the Early Nineteenth Century.” Presented at Technologies of Justice conference, University of Ontario Institute of Technology, January 26 & 27, 2018.
  • “The Jurisdiction of Colonial Legislatures and the Great (Forgotten) Case of Stockdale v. Hansard.” Presented at the Canada’s Legal Past: Future Directions in Canadian Legal History conference, University of Calgary, July 17 & 18, 2017.
  • “The Transmission of Constitutional Law: Stockdale v. Hansard in the Colonies.” Presented at the joint annual meetings of the Canadian Law and Society Association [“CLSA”] and the Law and Society Association [“LSA”], Mexico City, June 20-23, 2017.