Full Description
The role and function of criminal justice in a conquered colony is always problematic, and the case of Quebec is no exception. Many historians have suggested that, between the Conquest and the Rebellions (1760s-1830s), Quebec's 'Canadien' inhabitants both boycotted and were excluded from the British criminal justice system. Magistrates, Police, and People challenges this simplistic view of the relationship between criminal law and Quebec society, offering instead a fresh view of a complex accord.
Based on extensive research in judicial and official sources, Donald Fyson offers the first comprehensive study of the everyday workings of criminal justice in Quebec and Lower Canada. Focussing on the justices of the peace and their police, Fyson examines both the criminal justice system itself, and the system in operation as experienced by those who participated in it. Fyson contends that, although the system was fundamentally biased, its flexibility provided a source of power for ordinary citizens. At the same time, everyday criminal justice offered the colonial state and colonial elites a powerful, though often faulty, means of imposing their will on Quebec society. This fascinating and controversial study will challenge many received historical interpretations, providing new insight into the criminal justice system of early Quebec.
Contents
List of Tables and Figures
Foreword
Acknowledgments
Abbreviations
Introduction
English Justice in a Foreign Land
Making Justices
The Character of the Magistracy
The Police before the Police
The Relevance of Criminal Justice
Experiencing the Everyday Course of Criminal Justice
Criminal Justice and Social Power
Criminal Justice and State Power
Conclusion
Notes
Bibliography
Illustration Credits
Index
