Chief Justice Joseph Needham's, and Judge Augustus Frederik Pemberton's Records, Discriminatory Treatment in the Courtroom Is Revealed
White Privilege and the Making of Canada’s Injustice System: Setting Precedent for Inequitable Treatment in the Courtroom, Vancouver Island, 1860-1873 by Matthew Midolo A Thesis Presented to The University of Guelph In partial fulfilment of requirements for the degree of Masters of Arts in History Guelph, Ontario, Canada © Matthew Midolo, May, 2020 ABSTRACT WHITE PRIVILEGE AND THE MAKING OF CANADA’S INJUSTICE SYSTEM: SETTING PRECEDENT FOR INEQUITABLE TREATMENT IN THE COURTROOM, VANCOUVER ISLAND, 1860-1873 Matthew Midolo Advisor(s): University of Guelph, 2020 Dr. Brittany Luby Dr. Catherine Carstairs Dr. Kim Anderson Canada has a longstanding history of racialized and discriminatory practices against the Indigenous population dating back to the first European invasion. During the establishment of British law on Vancouver Island, “whiteness as right-ness” was woven into the fabric of the developing justice system. Specifically, in the case of murder trials, white assailants were privileged within the courtroom, often evading the death penalty, while Indigenous assailants were hanged for related crimes. Through a careful examination of Chief Justice David Cameron's, Chief Justice Joseph Needham's, and Judge Augustus Frederik Pemberton's records, discriminatory treatment in the courtroom is revealed. These men, in tandem with the juries, oversaw the first courtrooms in Victoria, BC, from 1860-1873, and they treated Indigenous assailants more harshly than white assailants. Their records reveal that discriminatory practices in Canadian courtrooms date back to their formation. iii ACKNOWLEDGEMENTS I would like to extend thanks to those that supported, inspired, and helped me complete this body of work. First, I would like to thank Dr.
[Show full text]