Magistrates, Police, and People : Everyday Criminal Justice in Quebec and Lower Canada, 1764-1837

The role and function of criminal justice in a conquered colony is always problematic, and the case of Quebec is no exception. Many historians have suggested that, between the Conquest and the Rebellions (1760s-1830s), Quebec's 'Canadien' inhabitants both boycotted and were excluded from the British criminal justice system. Magistrates, Police, and People challenges this simplistic view of the relationship between criminal law and Quebec society, offering instead a fresh view of a complex accord. Based on extensive research in judicial and official sources, Donald Fyson offers the first comprehensive study of the everyday workings of criminal justice in Quebec and Lower Canada. Focussing on the justices of the peace and their police, Fyson examines both the criminal justice system itself, and the system in operation as experienced by those who participated in it. Fyson contends that, although the system was fundamentally biased, its flexibility provided a source of power for ordinary citizens. At the same time, everyday criminal justice offered the colonial state and colonial elites a powerful, though often faulty, means of imposing their will on Quebec society. This fascinating and controversial study will challenge many received historical interpretations, providing new insight into the criminal justice system of early Quebec. "Based on extensive research in judicial and official sources, Donald Fyson offers the first comprehensive study of the everyday workings of criminal justice in Quebec and Lower Canada. Focusing on the justices of the peace and their police, Fyson examines both the criminal justice system itself, and the system in operation as experienced by those who participated in it. Fyson contends that, although the system was fundamentally biased, its flexibility provided a source of power for ordinary citizens. At the same time, the system offered the colonial state and its elites a powerful, though often faulty, means of imposing their will on Quebec society. This study will challenge many received historical interpretations, providing new insight into criminal justice in early Quebec."--BOOK JACKET. Contents 7 Tables and Figures 9 Foreword. The Osgoode Society For Canadian Legal History 13 Acknowledgments 15 Abbreviations 17 Introduction 19 1. English Justice in a Foreign Land 33 2. Making Justices 71 3. The Character of the Magistracy 113 4. The Police before the Police 154 5. The Relevance of Criminal Justice 202 6. Experiencing the Everyday Course of Criminal Justice 245 7. Criminal Justice and Social Power 290 8. Criminal Justice and State Power 328 Conclusion 372 Notes 383 Bibliography 445 Illustration Credits 473 Index 475