Canadian State Trials, Volume III

Canadian State Trials, Volume III
Author: Barry Wright
Publisher: Canadian State Trials
Total Pages: 656
Release: 2020-04-22
Genre: History
ISBN: 9781487526016

The third volume in the Canadian State Trials series examines Canadian legal responses to real or perceived threats to the safety and security of the state from 1840 to 1914, a period of extensive challenges associated with fundamental political and socio-economic change. Trials for treason and related political offences, suspensions of habeas corpus, and other public order and security-related measures, supported by new institutions such as secret policing, are studied in essays by leading scholars in the field. The book is divided into four parts: trials and related proceedings arising from the Fenian invasions; attempts to regulate large-scale manifestations of public disorder; trials following the North-West Rebellions of 1870 and 1885, including the Riel trial; and the modernization and enforcement of Canada's national security laws. Building upon the established scholarship of the series, the essays place these legal responses in context, shedding light on the complex and changing relationship between law and politics in Canadian history.

Political Trials and Security Measures, 1840-1914

Political Trials and Security Measures, 1840-1914
Author: Osgoode Society for Canadian Legal History
Publisher:
Total Pages: 0
Release: 2009
Genre: Canada
ISBN: 9781442640153

The third volume in the Canadian State Trials series examines Canadian legal responses to real or perceived threats to the safety and security of the state from 1840 to 1914, a period of extensive challenges associated with fundamental political and socio-economic change.

Political Trials in an Age of Revolutions

Political Trials in an Age of Revolutions
Author: Michael T. Davis
Publisher: Springer
Total Pages: 398
Release: 2018-12-30
Genre: Social Science
ISBN: 3319989596

This collection provides new insights into the ’Age of Revolutions’, focussing on state trials for treason and sedition, and expands the sophisticated discussion that has marked the historiography of that period by examining political trials in Britain and the north Atlantic world from the 1790s and into the nineteenth century. In the current turbulent period, when Western governments are once again grappling with how to balance security and civil liberty against the threat of inflammatory ideas and actions during a period of international political and religious tension, it is timely to re-examine the motives, dilemmas, thinking and actions of governments facing similar problems during the ‘Age of Revolutions’. The volume begins with a number of essays exploring the cases tried in England and Scotland in 1793-94 and examining those political trials from fresh angles (including their implications for legal developments, their representation in the press, and the emotion and the performances they generated in court). Subsequent sections widen the scope of the collection both chronologically (through the period up to the Reform Act of 1832 and extending as far as the end of the nineteenth century) and geographically (to Revolutionary France, republican Ireland, the United States and Canada). These comparative and longue durée approaches will stimulate new debate on the political trials of Georgian Britain and of the north Atlantic world more generally as well as a reassessment of their significance. This book deliberately incorporates essays by scholars working within and across a number of different disciplines including Law, Literary Studies and Political Science.

Race on Trial

Race on Trial
Author: Barrington Walker
Publisher: University of Toronto Press
Total Pages: 281
Release: 2011-07-16
Genre: Law
ISBN: 1442660449

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.

An Exceptional Law

An Exceptional Law
Author: Dennis G. Molinaro
Publisher: University of Toronto Press
Total Pages: 352
Release: 2017-05-08
Genre: History
ISBN: 1442629606

During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted. An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.

Hunger, Horses, and Government Men

Hunger, Horses, and Government Men
Author: Shelley A. M. Gavigan
Publisher: UBC Press
Total Pages: 304
Release: 2012-10-15
Genre: Law
ISBN: 0774822546

Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.

Fragile Settlements

Fragile Settlements
Author: Amanda Nettelbeck
Publisher: UBC Press
Total Pages: 337
Release: 2016-03-20
Genre: Social Science
ISBN: 0774830913

Fragile Settlements compares the processes by which colonial authority was asserted over Indigenous people in south-west Australia and prairie Canada from the 1830s to the early twentieth century. At the start of this period, there was an explosion of settler migration across the British Empire. In a humanitarian response to the unprecedented demand for land, Britain’s Colonial Office moved to protect Indigenous peoples by making them subjects under British law. This book highlights the parallels and divergences between these connected British frontiers by examining how colonial actors and institutions interpreted and applied the principle of law in their interaction with Indigenous peoples on the ground. Fragile Settlements questions the finality of settler colonization and contributes to ongoing debates around jurisdiction, sovereignty, and the prospect of genuine Indigenous-settler reconciliation in Canada and Australia.

Secret Service

Secret Service
Author: Reg Whitaker
Publisher: University of Toronto Press
Total Pages: 721
Release: 2012-07-06
Genre: Political Science
ISBN: 1442662387

Secret Service provides the first comprehensive history of political policing in Canada – from its beginnings in the mid-nineteenth century, through two world wars and the Cold War to the more recent 'war on terror.' This book reveals the extent, focus, and politics of government-sponsored surveillance and intelligence-gathering operations. Drawing on previously classified government records, the authors reveal that for over 150 years, Canada has run spy operations largely hidden from public or parliamentary scrutiny – complete with undercover agents, secret sources, agent provocateurs, coded communications, elaborate files, and all the usual apparatus of deception and betrayal so familiar to fans of spy fiction. As they argue, what makes Canada unique among Western countries is its insistent focus of its surveillance inwards, and usually against Canadian citizens. Secret Service highlights the many tensions that arise when undercover police and their covert methods are deployed too freely in a liberal democratic society. It will prove invaluable to readers attuned to contemporary debates about policing, national security, and civil rights in a post-9/11 world.