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Essays in the History of Canadian Law, Volume V: Crime and Criminal Justice
1994 
Edited by Jim Phillips, Professor, Faculty of Law, University of Toronto, Tina Loo, Professor, Department of History, University of British Columbia, and Susan Lewthwaite, independent scholar. Published with the University of Toronto Press, 1994.
This fifth volume in the Osgoode Society’s distinguished essay series on the history of Canadian law turns to the important issues of crime and criminal justice. In examining crime and criminal law specifically, the volume contributes to the long-standing concern of Canadian historians with law, order, and authority. The volume covers criminal justice history at various times in British Columbia, Ontario, Quebec, and the Maritimes. It is a study which opens up greater vistas of understanding to all those interested in the interstices of law, crime, and punishment.
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Contents
Contents
Foreword for Reprint ix
Foreword xi
Acknowledgments xiii
Contributors xv
1 Introduction
SUSAN LEWTHWAITE, TINA LOO, and JIM PHILLIPS 3
NATIVE PEOPLES AND THE CRIMINAL LAW
2 Native Sovereignty and French Justice in Early Canada
JOHN A. DICKINSON 17
3 ‘The Queen’s Law Is Better Than Yours’: International
Homicide in Early British Columbia
HAMAR FOSTER 41
4 The Road from Bute Inlet: Crime and Colonial Identity
in British Columbia
TINA LOO 112
WOMEN, CRIME, AND CRIMINAL JUSTICE
5 Violence, Marriage, and Family Honour: Aspects of the
Legal Regulation of Marriage in New France
ANDRE LACHANCE and SYLVIE SAVOIE 143
6 Women, Crime, and Criminal Justice in Early Halifax, 1750-1800
JIM PHILLIPS 174
7 Patriarchy Modified: The Criminal Prosecution of Rape
in York County, Ontario, 1880-1930
CAROLYN STRANGE 207
8 Prosecution of Abortions under Canadian Law, 1900-1950
CONSTANCE BACKHOUSE 252
CRIMINAL JUSTICE INSTITUTIONS AND STATE AUTHORITY
9 Between the Old Order and Modern Times: Poverty,
Criminality, and Power in Quebec, 1791-1840
JEAN-MARIE FECTEAU 293
10 Rebel as Magistrate: William Lyon Mackenzie and His Enemies
PAUL ROMNEY 324
11 Violence, Law, and Community in Rural Upper Canada
SUSAN LEWTHWAITE 353
12 Crime and Punishment in Middlesex County, Ontario, 1871-1920
HELEN BORITCH 387
CANADIAN PRISONS IN THE NINETEENTH CENTURY
13 Prison as Factory, Convict as Worker: A Study of the
Mid-Victorian St John Penitentiary, 1841-1880
RAINER BAEHRE 439
14 Prisoners for Profit: Convict Labour in the Ontario
Central Prison, 1874-1915
JOSEPH GONDOR BERKOVITS 478
15 ‘To Govern by Kindness’: The First Two Decades of the
Mercer Reformatory for Women
PETER OLIVER 516
Index 573
Publications of the Osgoode Society 584
Reviews
Essays in the History of Canadian Law ... marks the solidification of this field in Canadian historiography. Crime and Criminal Justice will serve as the standard upon which future studies must be based and subsequently measured. Michael Boudreau, Archivaria, vol 40, 1995
The participants are to be congratulated for producing a superb introduction to Canadian criminal justice history. Greg Marquis, American Journal of Legal History, vol 40, 1995
This compilation is an excellent addition to the book shelves of Canadian historians, social scientists and legal scholars.... These articles should be read by any politician who is concerned about criminal recidivism and the protection of the public. Ian Wagner, Canadian Law Libraries, vol 20, 1995
A.M. Givertz, Law and History Review, Vol 16, 1998, p. 613.
Nancy Parker, Canadian Historical Review, Vol 78, 1997, p. 183.
Alan Robertson, Nova Scotia Historical Review, Vol 15, 1995, p. 156
Dwight L. Smith, Journal of the West, Vol 36, 1997, p. 117.
Ian Wagner, Canadian Law Libraries, Vol 20, 1995, p. 114.
Brian Young, Revue d'histoire de l'Amerique francaise, Vol 50, 1997, p. 472. Jim Phillips
