Canadian State Trials Volume I : : Law, Politics, and Security Measures, 1608-1837 / / ed. by Frank Murray Greenwood, Barry Wright.

• Superior document: Title is part of eBook package: De Gruyter University of Toronto Press eBook-Package Archive 1933-1999
• MitwirkendeR: Bell, D.G.,; Bumsted, J. M.,; Cahill, Barry,; Clarke, Ernest A.,; English, Christopher,; Fecteau, Jean-Marie,; Garden Barnes, Thomas,; Greenwood, F. Murray,; Hay, Douglas,; Kennedy, Patricia,; Kolish, Evelyn,; Lambert, James,; McMurtry, R. Roy,; Moogk, Peter N.,; Murray Greenwood, F.,; Oliver, Peter N.,; Phillips, Jim,; Romney, Paul,; Wallot, Jean-Pierre,; Wright, Barry,
• HerausgeberIn: Greenwood, Frank Murray,; Wright, Barry,
• Place / Publishing House: Toronto : : University of Toronto Press, , [2019]; ©1996
• Year of Publication: 2019
• Language: English
• Series: Osgoode Society for Canadian Legal History
• Physical Description: 1 online resource (760 p.)

]State trials reveal much about a nation's insecurities and shed light on important themes in political, constitutional, and legal history. In Canada, perceived and real threats to the state have ranged from dissent, disaffection, and the emergence of threatening ideologies to insurrection, riot, violent protest, and military invasion. The Canadian State Trials series will explore the role of the law in regulating such threats, from the period of early European settlement to 1971. The first volume and the planned series as a whole present a great deal of new material by prominent Canadian historians and legal scholars. Although certain Canadian political trials and security crises have received scholarly attention in the past, there has never been a comprehensive and systematic examination of the country's surprisingly rich record in this area. The eighteen essays in Volume I examine this record for the period 1608-1837, covering proceedings in New France, the four Atlantic colonies, the Old Province of Quebec, and the two Canadas. They highlight security law during the American revolution, the wars against revolutionary/Napoleonic France, and the War of 1812; comparative treason law; and the trials of David McLane, Robert Gourlay, Francis Collins, and Joseph Howe, among others. The essays, which extensive use of primary sources (the most illuminating of which appear in a documentary appendix), place the examination of the law and its administration during these events in socio-political and comparative context.

Table of Contents

Frontmatter -- Contents -- Foreword: THE OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY -- Acknowledgments -- Contributors -- Introduction: State Trials, the Rule of Law, and Executive Powers in Early Canada -- Part One: c. 1608-1783 -- 1. The Crime of Lèse-Majesté in New France: Defence of the Secular and Religious Order -- 2. The 'Hoffman Rebellion' (1753) and Hoffman's Trial (1754): Constructive High Treason and Seditious Conspiracy in Nova Scotia under the Stratocracy -- 3. Twelve Apostles' or a Dozen Traitors? Acadian Collaborators during King George's War, 1744-8 -- 4. Civilians Tried in Military Courts: Quebec, 1759-64 -- 5. 'Government by Will and Pleasure Instead of Law': Military Justice and the Legal System in Quebec, 1775-83 -- 6. Rebellion and Repression in Nova Scotia in the Era of the American Revolution -- Part Two: c. 1783-1814 -- 7. Sedition among the Loyalists: The Case of Saint John, 1784-6 -- 8. Judges and Treason Law in Lower Canada, England, and the United States during the French Revolution, 1794-1800 -- 9. The Official Mind and Popular Protest in a Revolutionary Era: The Case of Newfoundland, 1789-1819 -- 10. Sir James Craig's 'Reign of Terror' and Its Impact on Emergency Powers in Lower Canada, 1810-13 -- 11. State Trials and Security Proceedings in Upper Canada during the War of 1812 -- Part Three: c. 1814-37 -- 12. Parliamentary Privilege and the Repression of Dissent in the Canadas -- 13. The Attempted Impeachment of the Lower Canadian Chief Justices, 1814-15 -- 14. The Gourlay Affair: Seditious Libel and the Sedition Act in Upper Canada, 1818-19 -- 15. Upper Canada in the 18205: Criminal Prosecution and the Case of Francis Collins -- 16. Liberty of the Press in Early Prince Edward Island, 1823-9 -- 17. R. v. Howe (1835) for Seditious Libel: A Tale of Twelve Magistrates -- Appendices -- Appendix 1. Approaching an Iceberg: Some Guidelines for Understanding Archival Sources Relating to State Trials -- Appendix 2. Note on Sources -- Appendix 3. Supporting Documents Summary -- Index