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The case of the so-called “Black Donnellys” is indicative of social and community relations during the nineteenth century in Upper Canada. Characterized by frontier agriculture, a growing but weak authority structure, and an influx of emigration, mob justice complemented the legal system nefariously. The arson of the Donnelly's home, as well as James Senior's imprisonment demonstrate the role of these two powers in society. I will argue that Upper Canada during the mid to late nineteenth century reacted to increased crime with both community power, in the form of vigilante justice, and legitimate authority, in the form of the penitentiary system; this uptick in crime coincided with settlement of the land by British emigrants. The factors that surrounded this phenomenon were emigration, land, crime, vigilante power, and legal enforcement, particularly the role of the Kingston Penitentiary.
Upper Canada was in the tumultuous process of settlement during the nineteenth century. From 1800-1860, wheat and flour exports went from a negligible amount to peak at 13 billion bushels in 1860.1 It is important to understand the rapid nature of settlement to contextualize life in rural Upper Canada. From 1805-1840, the population increased by over eight hundred percent.2 Many of these were Irish emigrants, even in the period preceding the famine; these pre-Famine Irish emigrants were predominantly “middling farmers,” «c'est à dire des fermiers cultivant des terres petites ou moyennes, ceux qui ont été le plus durement touchés par la baisse soudaine des prix des produits agricoles à la fin des guerres napoléoniennes [en Europe]».3 Many of the emigrants settled into townships and villages on the agricultural frontier, such as the Biddul...
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...0. Accessed via America: History and Life, EBSCOHOST.
“Inmates at the Gaol.” Great Canadian Mysteries: Heaven and Hell on Earth. http://www.canadianmysteries.ca/sites/donnellys/context/inmates/indexen.html.
“Lucan and Farming Life.” Great Canadian Mysteries: Heaven and Hell on Earth. http://www.canadianmysteries.ca/sites/donnellys/context/lucanandfarminglife/2640en.html
McQuillan, Aidan. “Des chemins divergents: les Irlandais et les Canadiens francais au XIXe siècle.” ed. Wadell, Eric. “Le dialogue avec les cultures minoritaires.” Ste-Foy, QC: Les Presses De L'Université Laval 1990.
“Middlesex County, Gaol Summary, 1 October 1879 to 30 September 1880.” Unknown. Great Canadian Mysteries: Heaven and Hell on Earth.
See, Scott. “Nineteenth century collective violence: toward a North American context.” Labour/Le Travail. Spring 1997, Iss. 39. Accessed via EBSCOhost.
Gregory Wigmore’s article Before the Railroad: From Slavery to Freedom in the Canadian-American Borderland covers the main theme of local history during the 19th century in Detroit and Windsor. In particular, Wigmore looks at how the Detroit River served as an escape route between the transnational borders for slaves living on both sides of the river. Wigmore explores how the border was the godsend for the slaves because a simple cross across the river would allow them their freedom. Wigmore’s main focus is the many factors and laws that happened between the 1810’s and the 1820’s that played an important role in this freedom.
The Oka Uprising was initially a peaceful protest over the expansion of a golf course on Mohawk territory that turned violent after Quebec’s provincial police, the Sûreté du Québec, responded to the protest with tear gas and flash-bang grenades, eventually escalating to a gun battle between protesters and police. Years after the stand-off, revisionist military historians have praised the Canadian military for avoiding bloodshed because of their “personal commitment [and] calm and attentive approach to native reality,” in which they ought to be commended for “carrying the burden of peace” (Conradi 548). However, Robinson rejects this notion and instead proposes a re-imagining of the Oka conflict through the “adjustment” of First Nations people who fought at Oka with the “bombing of the last Canadian reserve” (Robinson 211). Through “carrying the burden of peace” the Officers are given the power to destroy any semblance of Indigenous tradition, such as the potlatch, and to violently corral all First Nations people to sectioned off “Urban Reserves”. By disrupting popular Canadian perception of law enforcement Robinson succeeds in creating a dystopian image of corrupted power that allows readers to sympathize with the subjection of First Nations people of
“Clearing the Plains” begins set in the time period of 1100 C.E before Europeans ever settle into Canada. It depicts the laid back lifestyle that Indgienous people became accustomed to where everyone had a role and the community worked together to survive. However, as time goes on the Indigenous populations becomes thrust into a disease stricken society where there is no hope for survival due to minimal resources. The author, James Daschuk goes on to argue the reasons for this
A Critical Analysis of Racism in Canadian Law and the “Unmapping” of the White Settler Society in “When Place Becomes Race” by Sherene H. Razack
Sprague, D.N. (1980). Government Lawlessness in the Administration of Manitoba Land Claims, 1870-1887. 10 Man. L.J. 433 (1979-1980)
Meney, Florence. "La Peiné de Mort au Canada" ["Moving Towards Abolition"]. Radio Canada. N.p., 2007. Web. 23 Jan. 2014. .
The Red River Colony was changing, but it wasn’t the only one, all of Canada were changing, because in the late 1860s Canada entered a new era and the changes and events that occurred in the Red River was only the beginning of many more conflicts and circumstances to come that would help shape and define this age Canada has entered. Although the Red River Rebellion had ostensibly achieved most of its major objectives, the Metis would soon find themselves at a disadvantage. They would rise yet again for another rebellion called The North-West Rebellion of 1885 to assert their nationality once more.
MacDougall, Brenda. One of the Family: Metis Culture in Nineteenth-Century Northwestern Saskatchewan. Vancouver: University of British Columbia Press, 2010.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
Thompson, John Herd, and Mark Paul Richard. "Canadian History in North American Context." In Canadian studies in the new millennium. Toronto: University of Toronto Press, 2008. 37-64.
Both males and females amongst the aboriginals are overrepresented in the various levels of secured custody. However, based on the enormity of the native involvement in the Canadian Penal System, there have been a number of commissions meant to resolve the dilemma regarding the aboriginal people (Crnovich 2005 : 8). While both the premises of the aboriginal and also the contemporary models related to justice have been identified as being mu...
Johnson, James H. "The Context of Migration: The Example of Ireland in the Nineteenth Century." Transactions of the Institute of British Geographers 3rd ser. 15 (1990): 259-76. JSTOR. Web. 26 Feb. 2012. http://www.jstor.org.>
Canada is viewed as being a very safe and stable place to live because people are lucky enough to have healthcare, benefits for unemployment and family needs, as well as maternity leave. Crime is something that Canadians don’t often think about because people feel as though they are out of harm's way. As Canadians, we’ve watched the world experience different threats and crime, and we’ve seen the world fight back. For example, our neighbors in North America, the United States, have gone through terrorist attacks and issues with guns and violence. Just because we are witnessing these things in other places doesn’t mean that we aren’t at risk as well, and Canada does have certain approaches and regards in place if we are ever in danger. What I wish to address in this paper is how Canada is set up for reacting to crime and jeopardy, as well as an example of where we went wrong in our past. Methods in response to crime, Canada’s legal regime and the issue of Residential schooling for Aboriginals a hundred years ago will be presented.
The introduction of transoceanic steam ships also meant that the immigrants could come speedily, in a matter of ten or twelve clays instead of ten or twelve weeks. For a generation, from 1793 to 1815, war raged across Europe. Ruinous as it was on the continent, the fighting brought unprecedented prosperity to the long-suffering landsmen of Ireland. After 1815, war-inflated wheat prices plummeted by half. Hark-pressed landlords resolved to leave vast fields unplanned. Assisted now by a strengthened ...
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.