Canadian State Trials, Volume III


Book Description

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


Book Description

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


Book Description

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.




An Exceptional Law


Book Description

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


Book Description

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


Book Description

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.




A Union Forever


Book Description

In the mid-nineteenth century the Irish question—the governance of the island of Ireland—demanded attention on both sides of the Atlantic. In A Union Forever, David Sim examines how Irish nationalists and their American sympathizers attempted to convince legislators and statesmen to use the burgeoning global influence of the United States to achieve Irish independence. Simultaneously, he tracks how American politicians used the Irish question as means of furthering their own diplomatic and political ends. Combining an innovative transnational methodology with attention to the complexities of American statecraft, Sim rewrites the diplomatic history of this neglected topic. He considers the impact that nonstate actors had on formal affairs between the United States and Britain, finding that not only did Irish nationalists fail to involve the United States in their cause but actually fostered an Anglo-American rapprochement in the final third of the nineteenth century. Their failures led them to seek out new means of promoting Irish self-determination, including an altogether more radical, revolutionary strategy that would alter the course of Irish and British history over the next century.




Dewigged, Bothered, and Bewildered


Book Description

Throughout the British colonies in the nineteenth century, judges were expected not only to administer law and justice, but also to play a significant role within the governance of their jurisdictions. British authorities were consequently concerned about judges' loyalty to the Crown, and on occasion removed or suspended those who were found politically subversive or personally difficult. Even reasonable and well balanced judges were sometimes threatened with removal. Using the career histories of judges who challenged the system, Dewigged, Bothered, and Bewildered illuminates issues of judicial tenure, accountability, and independence throughout the British Empire. John McLaren closely examines cases of judges across a wide geographic spectrum — from Australia to the Caribbean, and from Canada to Sierra Leone — who faced disciplinary action. These riveting stories provide helpful insights into the tenuous position of the colonial judiciary and the precarious state of politics in a variety of British colonies.