Racism & Legal History

• Human Rights

  • The conditions and expectations to which every person, by virtue of their existence as a human being is titled.
  • Includes political, economic, social, and cultural spheres (ex. freedom from slavery and the right to work)
• Civil Rights

  • A class of rights and freedoms that protect individuals' freedom from infringement by governments, social organisations, and private individuals.
  • Assures the ability to participate in the civil and political life of the state.
• What does it mean when Civil Rights attempts to assure the ability to participate in the civil and political life of the state?

  The basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability) in employment and housing.
• What does Canada often overlook on the topic of slavery?

  Canada often romanticises it's role in aiding runaway slaves from the USA. However, Canada has participated in slavery:

  • Black Loyalists who entered Canada as free persons were subject to racist laws and policies.
  • Legislation enforced segregated schools and communities.
  • Black people had limited property rights.
• As late as 1939, what did the Supreme Court of Canada conclude?

  In 1939 the Supreme Court of Canada (SCC) concluded racial discrimination was legally enforceable.
• Who is Viola Desmond (1914 - 1965)?

  Viola Desmond was a:

  • Businesswomen and civil rights activist.
  • Refused to leave the "whites only" section of the Roseland Theatre in New Glasgow, Nova Scotia.
  • Was arrested and jailed. She was unpardoned: offered no legal representation and was convicted of an obscure tax offence.
• How did the enslavement of Black people look in Canada?

  The enslavement of Black people in Canada looked like:

  • Less prevalent than in USA, but still existed.
  • Black slaves were of limited use to the colonial economy because of the reliance on the fur trade.
  • They were kept as domestic servants.
• Why did colonial settlers usually didn't "buy" black slaves?

  Colonial settlers often preferred Indigenous trappers for their expertise. Additionally, they were more likely to use their families for farm labour. Slaves were price too high for many settlers.
• What did slavery, in general, look like in Canada?

  Slavery, in Canada, looked like:

  • Began in the early 1600s. Chattel slavery were in New France. People were treated as person property.
  • Historians catalogued 4,200 slaves in Canada between 1671 - 1833. 2/3 of them were Indigenous (also known as Panis) and 1/3 of them were Black.
• What was The Underground Railroad in Canada?

  The Underground Railroad is a secret network of abolitionists who helped African Americans escapes slavery to free Northern states or Canada.
• What year did the Act of Limit Slavery was enacted? Explain what this act is?

  The Act of Limit Slavery was enacted in 1793. This act allowed slaves to become free persons on arrival in British North America.
• What happened after the Fugitive Slaves Act was passed in 1850? What did this act do?

  After the Fugitive Slaves Act was passed in 1850, Freedom seekers in Upper Canada increased dramatically. This act allowed:

  • Slave catchers to pursue slaves to Northern states.
  • Between 30,000 to 40,000 fugitives made it to British North America.
• What happened during the American Revolution and how did this affect Canada in terms of slavery?

  During the American Revolution thousands of Black people fought with the British in hopes of gaining freedom and land. What happened afterwards: 3,000 settled in Nova Scotia and conceptions of Black inferiority remained after slavery's abolition.
• What were the several restrictions that were placed on the Black community on the East Coast?

  The several restrictions that were placed on the Black community on the East Coast were:

  • Limited property rights.
  • Often could not take an oath to gain status of free men.
  • Prohibited from engaging in trade.
  • Barred from fishing in the harbour.
  • Could not live within city limits unless in most areas unless employed as servants or labourers.
• Where was there school segregation in Canada?

  There was school segregation in the provinces of Ontario and Nova Scotia. There separate schools were designated as "Negro Schools."
• When and were was the last segregated school closed?

  The last segregated school was closed in Ontario in 1965.
• The Ku Klux Klan

  They were active in Montreal in 1921 and spread across Canada by 1925. They feared immigration was diluting the purity of the Anglo-Saxon race. Hated Roman Catholics, Black People, and People of Colour in general. They burnt crosses. They appealed to few Canadians outside of Saskatchewan.
• What was the highest rate of membership the KKK had?

  At its high, the KKK had 40,000 members in the 1920s.