Colour-Coded: A Legal History of Racism in Canada, 1900-1950

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University of Toronto Press, Nov 20, 1999 - Social Science - 432 pages
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Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today.

Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada.

The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society.

Winner of the Joseph Brant Award, presented by the Ontario Historical Society

 

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Contents

Foreword
Acknowledgments
1Introduction
Slaying the Dragon of Eskimo Status in Re Eskimos 1939
The Legal Prohibition of Aboriginal Dance Wandutas Trial Manitoba 1903
First Nations Sovereignty Claims Sero v Gault Ontario 1921
Yee Cluns Opposition to the White Womens Labour Law Saskatchewan 1924
R v Phillips and the Ku Klux Klan in Oakville Ontario 1930
Notes
Mesalliances anf the Menace to White Womens Virtue
It Will Be Quite an Object Lesson
Bitterly Disappointed at the Spread of ColourBar Tactics
Bibliography
Picture Credits
Index
PUBLICATIONS OF THE OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY

Viola Desmonds Challenge to Racial Segregation Nova Scotia 1946
8Conclusion

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About the author (1999)

Constance Backhouse is Professor of Law at the University of Western Ontario and author of Petticoats and Prejudice: Women and Law in Nineteenth-Century Canada.

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