TY - JOUR
T1 - Determining the punishment of sex criminals in Confederation-Era Canada
T2 - A matter of national policy
AU - Strange, Carolyn
N1 - Publisher Copyright:
© University of Toronto Press.
PY - 2018/12/1
Y1 - 2018/12/1
N2 - Criminal justice was a critical component of nation building, which culminated in Canada's adoption of a federal Criminal Code in 1892. However, the connections between criminal law reform and the Dominion's fortunes began in 1869, when penal policy was first formulated and debated on a national stage. At that point, the mandatory sentence of death applied to rape and carnal knowledge of a girl under ten years of age. This article analyzes why and how Canada's early harsh stance, promoted by John A. MacDonald, gave way, within a decade, to milder penalties. It argues that existing explanations, which focus on the "civilization" of punishment and the racist character of penal policy, must be augmented by an analysis of regional tensions, clashes between the judiciary and the legislature, and the factors at play in individual capital cases (twenty-six in total, from 1867-77). Executive discretion, while constitutional, ultimately proved to be a liability in the broader project of nation building.
AB - Criminal justice was a critical component of nation building, which culminated in Canada's adoption of a federal Criminal Code in 1892. However, the connections between criminal law reform and the Dominion's fortunes began in 1869, when penal policy was first formulated and debated on a national stage. At that point, the mandatory sentence of death applied to rape and carnal knowledge of a girl under ten years of age. This article analyzes why and how Canada's early harsh stance, promoted by John A. MacDonald, gave way, within a decade, to milder penalties. It argues that existing explanations, which focus on the "civilization" of punishment and the racist character of penal policy, must be augmented by an analysis of regional tensions, clashes between the judiciary and the legislature, and the factors at play in individual capital cases (twenty-six in total, from 1867-77). Executive discretion, while constitutional, ultimately proved to be a liability in the broader project of nation building.
KW - Carnal knowledge
KW - Confederation
KW - Crime
KW - Death penalty
KW - Law reform
KW - Punishment
KW - Rape
UR - http://www.scopus.com/inward/record.url?scp=85058009578&partnerID=8YFLogxK
U2 - 10.3138/chr.2017-0122
DO - 10.3138/chr.2017-0122
M3 - Article
SN - 0008-3755
VL - 99
SP - 541
EP - 562
JO - Canadian Historical Review
JF - Canadian Historical Review
IS - 4
ER -