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Magistrates, Police, and People: Everyday Criminal Justice in Quebec and Lower Canada, 1764-1837 (Osgoode Society for Canadian Legal History)

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Description

The role and serve as of criminal justice in a conquered colony is at all times 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 as an alternative 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 on a regular basis workings of criminal justice in Quebec and Lower Canada. Focussing at 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, even though the system used to be fundamentally biased, its flexibility provided a source of power for extraordinary citizens. On the same time, on a regular basis criminal justice offered the colonial state and colonial elites a powerful, though continuously 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.

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