Educated to crime: Community and criminal justice in Upper Canada, 1800--1840 (Ontario)

From 1800 to 1840, Upper Canada witnessed a crisis that affected the administration of criminal justice in Upper Canada: the fear that pauper immigration was bringing a criminal element into the province; a growing loss of faith in older systems of punishment; and the overpopulation of district goals. According to recent penal historians, the response of the executive arm of the Tory government reflected its entrenched conservatism. Believing in the efficacy of coercive institutions, the ruling elite initiated two signal events: the Penal Reform Act of 1833 and the construction of what was to become an instrument of social control: the Kingston Penitentiary.; This thesis takes the position that the crucial factor that drove the restructuring of criminal law was a breakdown in the administration of punishment. Canadian historians have considerably underestimated the influential role that local communities played in sponsoring penal reform. Prior to 1833, with few exceptions, capital sentences were reduced to banishment to the United States. Many, however, never left the province. Many others returned early. In both cases their communities, believing the system of primary and secondary punishment to be too severe, sheltered them. Interpreted as a demonstrated lack of respect for the legal system, the Tory executive reacted by using its central authority to push through funding legislation for a penitentiary.; A legal culture, which included the harbouring of "banished" convicts, operated within and among Upper Canadian communities. Through grand jury addresses published in newspapers and the regular posting of changes to the criminal code, communities were legally educated. In the absence of effective policing, neighbourhoods wielded discretionary power, hunting down criminals and prosecuting them. Within traditionally prescribed limits, they morally policed themselves. The move toward penal reform in Upper Canada was, in part, a reaction to these "democratic incursions".