Political Trials And Security Measures 1840 1914

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.

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.

Scholars often accept without question that the Indian Act (1876) criminalized First Nations. In this illuminating book, 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. Gavigan draws on court files, police and penitentiary records, and newspaper accounts and insights from critical criminology to interrogate state formation and criminal law in the Saskatchewan region of the North-West Territories between 1870 and 1905. By focusing on Aboriginal people’s participation in the courts rather than on narrow categories such as “the state” and “the accused,” Gavigan allows Aboriginal defendants, witnesses, and informants to emerge in vivid detail and tell the story in their own terms. Their experiences stand as evidence that the criminal law and the Indian Act operated in complex and contradictory ways that included both the mediation and the enforcement of relations of inequality.

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.

In the mid-nineteenth century a group of Irish revolutionaries, known as the Fenians, set out to destroy Britain’s North American empire. Between 1866 and 1871 they launched a series of armed raids into Canadian territory. In Canadian Spy Story David Wilson takes readers into a dark and dangerous world of betrayal and deception, spies and informers, invasion and assassination, spanning Canada, the United States, Ireland, and Britain. In Canada there were Fenian secret societies in urban areas, including Quebec City, Montreal, Ottawa, and Toronto, and in some rural townships, all part of a wider North American network. Wilson tells the tale of Irishmen who attempted to liberate their country from British rule, and the Canadian secret police who infiltrated their revolutionary cells and worked their way to the top of the organization. With surprises at every turn, the story includes a sex scandal that nearly brought Canadian spy operations crashing down, as well as reports from Toronto about a plot to assassinate Queen Victoria. Featuring a cast of idealists, patriots, cynics, manipulators, and liars, Canadian Spy Story raises fundamental questions about state security and civil liberty, with important lessons for our own time.

Award winning author Gregory S. Kealey’s study of Canada’s security and intelligence community before the end of World War II depicts a nation caught up in the Red Scare in the aftermath of the Bolshevik Revolution and tangled up with the imperial interests of first the United Kingdom and then the United States. Spying on Canadians brings together over twenty five years of research and writing about political policing in Canada. Through itse use of the Dominion Police and later the RCMP, Canada repressed the labour movement and the political left in defense of capital. The collection focuses on three themes; the nineteenth-century roots of political policing in Canada, the development of a national security system in the twentieth-century, and the ongoing challenges associated with research in this area owing to state secrecy and the inadequacies of access to information legislation. This timely collection alerts all Canadians to the need for the vigilant defence of civil liberties and human rights in the face of the ever increasing intrusion of the state into our private lives in the name of countersubversion and counterterrorism.

The fourth volume in the Canadian State Trials series examines the legal issues surrounding perceived security threats and the repression of dissent from the outset of World War One through the Great Depression. War prompted the development of new government powers and raised questions about citizenship and Canadian identity, while the ensuing interwar years brought serious economic challenges and unprecedented tensions between labour and capital. The chapters in this edited collection, written by leading scholars in numerous fields, examine the treatment of enemy aliens, conscription and courts martial, sedition prosecutions during the war and after the Winnipeg General Strike, and the application of Criminal Code and Immigration Act laws to Communist Party leaders, On to Ottawa Trekkers, and minority groups. These historical events shed light on contemporary dilemmas: What are the limits of dissent in war, emergencies, and economic crisis? What limits should be placed on government responses to real and perceived challenges to its authority?