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  • This paper examines the uses of sedition law in Upper Canada. Largely neglected by historians, sedition prosecutions were frequently resorted to by the government between the 1790s and the 1820s, and are suggestive of larger patterns in the Canadian experience of dissent and national security measures. The essay focuses on the series of eases connected to the Gourlay affair as the best illustrations of the various facets of sedition law in the province. The availability and use of sedition law by the government to regulate provincial polities, and in particular, to delineate the loyal community and its enemies, was contested, sometimes successfully, by opposition leaders. The formal claims of the legal system, while helping to legitimate the exercise of power, also limited the repression to some extent. The cases brought to the fore the tension between the rule of law and discretionary power, played out in terms of issues about executive control over criminal prosecutions, jury selection and the scope fo the jury's verdict, and judicial independence. These contested issues appear to have had some degree of broader public engagement based on popular understandings of the British constitution. The sedition eases not only suggest the importance of law in the exercise of authority, but also the importance of the courts as a site of oppositional struggles.

  • 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. --Publisher's description. Contents: Introduction: From State Trials to National Security Measures / Susan Binnie and Barry Wright -- Part One: Fenians -- 1 'Stars and Shamrocks Will be Sown': The Fenian State Trials, 1866-7 / R. Blake Brown -- 2 The D'Arcy McGee Affair and the Suspension of Habeas Corpus / David A. Wilson -- Part Two: Managing Collective Disorder -- 3 The Tenant League and the Law, 1864-7 / Ian Ross Robertson -- 4 The Trials and Tribulations of Riot Prosecutions: Collective Violence, State Authority, and Criminal Justice in Quebec, 1841-92 / Donald Fyson -- 5 Maintaining Order on the Pacific Railway: The Peace Preservation Act, 1869-85 / Susan Binnie -- 6 Street Railway Strikes, Collective Violence, and the Canadian State, 1886-1914 / Eric Tucker -- Part Three: The North-West Rebellions -- 7 Treasonous Murder: The Trial of Ambroise Lépine, 1874 / Louis A. Knafla -- 8 Summary and Incompetent Justice: Legal Responses to the 1885 Crisis / Bob Beal and Barry Wright -- 9 Another Look at the Riel Trial for Treason / J.M. Bumsted -- 10 The White Man Governs: The 1885 Indian Trials / Bill Waiser -- Part Four: Securing the Dominion -- 11 'High-handed, Impolite, and Empire-breaking Actions': Radicalism, Anti-Imperialism, and Political Policing in Canada, 1860-1914 / Andrew Parnaby and Gregory S. Kealey with Kirk Niergarth -- 12 Codification, Public Order, and the Security Provisions of the Canadian Criminal Code, 1892 / Desmond H. Brown and Barry Wright -- Appendices: Archival Research and Supporting Documents -- A. The Sir John A. Macdonald Fonds: Research Strategies and Methodological Issues for Archival Research / Judi Cumming -- B. Archival Sources in Canada for Riel's Rebellion / Gilles Lesage -- C. Supporting Documents

  • This latest collection in our State Trials series, the fourth, looks at the legal issues raised by the repression of dissent from the outset of World War One through the 1930s and the Great Depression. Topics covered include enemy aliens, conscription and courts-martial in World War I, the trials following the Winnipeg General Strike, sedition laws and prosecutions generally and their application to labour radicals in particular, the 1931 trial of the Communist Party leaders, and the religious-political dissent of the Doukhobors. All regions of the country are covered, and special attention given in one essay to Quebec’s repression of radicalism. The volume focusses attention on older manifestations of contemporary dilemmas: what are the acceptable limits of dissent in a democracy, and what limits should be placed on state responses to perceived challenges to its authority. --Publisher's description

Last update from database: 11/27/24, 4:10 AM (UTC)