Colonial Justice : Justice, Morality, and Crime in the Niagara District, 1791-1849

This new study of early Canadian law delves into the court records of the Niagara District, one of the richest sets of records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the 19th century.

In 1791 when the Constitutional Act created a legislative assembly for Upper Canada, the colonists and their British rulers decreed that the operating criminal justice system in the area be adopted from England, to avoid any undue influence from the nearby United States. In this new study of early Canadian law, David Murray has delved into the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the nineteenth century.

Murray explores how far local characteristics affected the operation of a criminal justice system transplanted from England; his analysis includes how legal processes affected Upper Canadian morality, the treatment of the insane, welfare cases, crimes committed in the district, and an examination of the roles of the Niagara magistrates, constables, and juries. Murray concludes by arguing that while the principles and culture of British justice were firmly implanted in the Niagara district, this did not prevent justice from being unequal, especially for women and visible minorities. Integrating the stories of the individuals caught up in the legal system, Murray explores law from a local perspective, and illuminates how the Niagara region's criminal justice system operated under hybrid influences from both Britain and the United States.

In 1791 when the Constitutional Act created a legislative assembly for Upper Canada, the colonists and their British rulers decreed that the operating criminal justice system in the area be adopted from England, to avoid any undue influence from the nearby United States. In this new study of early Canadian law, David Murray has delved into the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the nineteenth century. Murray explores how far local characteristics affected the operation of a criminal justice system transplanted from England; his analysis includes how legal processes affected Upper Canadian morality, the treatment of the insane, welfare cases, crimes committed in the district, and an examination of the roles of the Niagara magistrates, constables, and juries. Murray concludes by arguing that while the principles and culture of British justice were firmly implanted in the Niagara district, this did not prevent justice from being unequal, especially for women and visible minorities. Integrating the stories of the individuals caught up in the legal system, Murray explores law from a local perspective, and illuminates how the Niagara region's criminal justice system operated under hybrid influences from both Britain and the United States "In 1791, when the Constitutional Act created a legislative assembly for Upper Canada, the colonists and their British rulers decreed that the operating criminal justice system in the area be adopted from England, to avoid any undue influence from the nearby United States. In this study of early Canadian law, David Murray delves into the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, to analyse the criminal justice system in the district during the first half of the nineteenth century."--Jacket. Contents 7 Foreword 9 Acknowledgments 11 Introduction 13 1. The Paradise of Upper Canada 21 Part One: Justice 37 2. Courts, District Rulers, and Crown Servants 37 3. Servants of the Court 64 Part Two: Morality 87 4. Enforcing a Christian Moral Order 87 5. Intruders upon the Precincts of Crime 102 6. The Cold Hand of Charity 119 Part Three: Crime 147 7. Crimes and Punishments 147 8. Criminal Victims 166 9. Criminal Boundaries 187 10. Hands Across the Border 208 Conclusion 229 Notes 237 Index 281