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Book Cover: Colour-Coded: A Legal History of Racism in Canada, 1900-1950

Colour-Coded: A Legal History of Racism in Canada, 1900-1950

by Constance Backhouse, Professor of Law, University of Ottawa. Published with the University of Toronto Press, 1999.

Colour-Coded has been translated into French and published in Quebec
as De La Couleur des Lois:

White supremacy had a tenacious hold on the historical roots of the Canadian legal system. Backhouse presents convincing case studies to illustrate how early 20th-century law played a dominant role in creating and preserving racial inequality. The cases focus on Aboriginal, Inuit, Chinese-Canadian and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the ‘Ku Klux Klan of Kanada!

Contents

Contents

FOREWORD vii
ACKNOWLEDGMENTS ix
1 Introduction 1

2 Race Definition Run Amuck: ‘Slaying the Dragon of Eskimo
Status’ in Re Eskimos, 1939 18

3 ‘Bedecked in Gaudy Feathers’: The Legal Prohibition of
Aboriginal Dance: Wanduta’s Trial, Manitoba, 1903 56

4 ‘They Are a People Unacquainted with Subordination’ –
First Nations’ Sovereignty Claims: Sero v Gault, Ontario, 1921 103

5 ‘Mesalliances’ and the ‘Menace to White Women’s Virtue’:
Yee Clun’s Opposition to the White Women’s Labour Law,
Saskatchewan, 1924 132

6 ‘It Will Be Quite an Object Lesson’: R. v Phillips and the
Ku Klux Klan in Oakville, Ontario, 1930 173

7 ‘Bitterly Disappointed’ at the Spread of ‘Colour-Bar Tactics’:
Viola Desmond’s Challenge to Racial Segregation,
Nova Scotia, 1946 226

8 Conclusion 272

NOTES 283
BIBLIOGRAPHY 433
PICTURE CREDITS 475
INDEX 477
Publications of the Osgoode Society 487

Awards

  • Ontario Historical Society's Joseph Brant Award (2002)

Reviews

Colour-Coded convincingly documents the case for the real-life consequences of racialization in Canada. If one of its goals was to obliterate the “stupefying innocence” of Canadians regarding racism in Canada, it has surely succeeded. Beyond that, it provides an invaluable teaching tool for law schools, the Bar and the Bench. Emily F. Carasco, Windsor Yearbook of Access to Justice, Vol 20, 2001, pp. 341-343

Law professor Constance Backhouse has a wonderfully direct way of telling stories and explaining convoluted case law, so I too will be direct. I loved Colour-Coded. Laura Robinson, Globe and Mail, February 12, 2000

Lori Chambers, Acadiensis, vol 41, 2012, pp. 255-256

Stephanie Cole, Law and History Review, Vol 20, 2002, pp. 221-223

Dianne Newell, Canadian Journal of Women and the Law, Vol 14, 2002, pp. 225-228

Adelle Blackett, McGill Law Journal, Vol 46, 2001, pp. 1175-1176

Bryan D. Palmer, Alberta Law Review, Vol 38, 2001, pp. 1080-1084

Melanie R. Durette, Saskatchewan Law Review, Vol 64, 2001, pp. 649-650

Benjamin Berger, Osgoode Hall Law Journal, Vol 38, 2000, pp. 524-529

Franki Elliott, Canadian Law Libraries, Vol 25, 2000, pp. 178-179
Constance Backhouse
Constance Backhouse

Professor Backhouse is the Distinguished Professor, University Research Chair in the Faculty of Law, Common Law Section, and Director of the Human Rights Research and Education Centre at the University...