By David Murray
In 1791 while the Constitutional Act created a legislative meeting for top Canada, the colonists and their British rulers decreed that the working felony justice approach within the region be followed from England, to prevent any undue effect from the close by usa. during this new examine of early Canadian legislation, David Murray has delved into the court docket files of the Niagara District, one of many richest units of legal courtroom files surviving from top Canada, to investigate the legal justice approach within the district throughout the first half the 19th century.
Murray explores how a long way neighborhood features affected the operation of a legal justice method transplanted from England; his research comprises how criminal techniques affected top Canadian morality, the therapy of the insane, welfare instances, crimes dedicated within the district, and an exam of the jobs of the Niagara magistrates, constables, and juries. Murray concludes by means of arguing that whereas the foundations and tradition of British justice have been firmly implanted within the Niagara district, this didn't hinder justice from being unequal, particularly for ladies and visual minorities. Integrating the tales of the contributors stuck up within the felony method, Murray explores legislations from a neighborhood standpoint, and illuminates how the Niagara region's felony justice approach operated lower than hybrid affects from either Britain and the United States.
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Extra resources for Colonial Justice: Justice, Morality, and Crime in the Niagara District, 1791-1849
Examining the magistrates of the Niagara district allows us to determine the identity of these local rulers and to see how they combined their judicial and administrative functions. These men were at once accountable to the representative of the Crown who had appointed them and deeply imbedded in their local communities, creating a tension which often manifested itself as they carried out their myriad tasks. Magistrates were not required to be lawyers and in this early period of Upper Canadian history most were not.
S. side there was 'every sign of productive industry, increasing wealth and progressive civilization/ Why could not the British colonies exhibit the same economic dynamism? Durham's vision of a more entrepreneurial and competitive Upper Canada was sharpened by his visit to Niagara. His secretary, Charles Buller, wrote, 'When from the Ca- The Paradise of Upper Canada 21 nadian shore [Durham] looked across the entrance of Lake Erie, and saw the noble buildings and crowded harbour of Buffalo, he longed to divert the stream of commerce to the British shore, and by means of the Welland Canal to give to Canada the trade between the Great Lakes and the sea/48 That vision never became reality.
Moreover, it created discordant junction between the United States and Canadian patterns of transportation, which threw the Canadian city [Niagara] off centre/54 It took some time for the Niagara river to evolve from a frontier of conflict to a bridge of contact between two independent nations. And by the time this transformation had been effected the economic and political power on the Canadian side had shifted irrevocably from Niagara to Toronto and Hamilton. In the meantime, on the other side of the river Buffalo and New York quickly and irreversibly established their economic predominance over the Niagara region and, indeed, over Upper Canada as a whole.