“She is Without a Doubt, the Greater Sinner, and Merits the Greater Punishment…” The Regulation of Bawdy Houses and the Administration of Justice in Edmonton, Alberta, 1910-1930 A Thesis Submitted to the College of Graduate and Postdoctoral Studies In Partial Fulfillment of the Requirements For the Degree of Master of Arts In the Department of History University of Saskatchewan Saskatoon By Cassandra Mastromatteo © Copyright Cassandra Mastromatteo, December 2020. All rights reserved. Unless otherwise noted, copyright of the material in this thesis belongs to the author. Permission to Use In presenting this thesis in partial fulfillment of the requirements for a postgraduate degree from the University of Saskatchewan, I agree that the Libraries of the University may make it freely available for inspection. I further agree that permission for copying of this thesis in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis work, or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done. It is understood that any copying or publication or use of this thesis or part thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis. Disclaimer “She is Without a Doubt, the Greater Sinner, and Merits the Greater Punishment…” The Regulation of Bawdy Houses and the Administration of Justice in Edmonton, Alberta, 1910-1930 was exclusively created to meet the thesis and/or exhibition requirements for the degree of Master of Arts at the University of Saskatchewan. Reference in this thesis to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favouring by the University of Saskatchewan. The views and opinions of the author expressed herein do not state or reflect those of the University of Saskatchewan and shall not be used for advertising or product endorsement purposes. Request for permission to copy or to make other use of material in this thesis in whole or part should be addressed to: Head of the Department of History University of Saskatchewan Saskatoon, Saskatchewan S7N 5A5 Canada OR Dean College of Graduate and Postdoctoral Studies University of Saskatchewan 116 Thorvaldson Building, 110 Science Place Saskatoon, Saskatchewan S7N 5C9 Canada i Abstract Prior to the passage of the Canadian Criminal Code (CCC) in 1892, prostitution was considered a public nuisance and tolerated by many sectors of Canadian society. By the late nineteenth century, however, attitudes became more punitive, resulting in the criminalization of brothel and prostitution-related crimes. Changes in the law arguably reflect the changes in society, which can be attributed to the moral reform movements that emerged in the 1880s. The period from 1910-1930 represents the peak of the reformers’ influence Canadian law and enforcement, after which the number of bawdy house (brothel) sentences in the lower court systems declined as the reformers turned their attention to temperance. This thesis seeks to the adjudication of bawdy-house related cases and the implication of these patterns for understanding the changing attitudes toward prostitution in Edmonton, Alberta from 1910-1930. Using the monthly returns and the correspondence of Magistrates Emily Murphy and Magistrate Philip Primrose, I examine the adjudication of cases of those who worked in bawdy houses, the “inmates” and “keepers,” and those who used their services— “frequenters.” Not surprisingly, the analysis of the data found that the prosecution of bawdy house offenses was deeply gendered. The overwhelming majority of “inmates” and “keepers” were women while it was men who paid for their services. Overall, the data analysis indicates that both Murphy and Primrose preferred to impose fines for all bawdy house related crimes, income that helped to run the justice system. Despite the establishment of a Women’s Court and Magistrate Emily Murphy’s professed claim that she was trying to help “fallen women, the analysis of her monthly records and those of her male colleague, Magistrate Phillip Primrose, indicate that both adhered to gender stereotypes. Both Magistrates Murphy and Primrose treated male “frequenters” more leniently than the women charged with bawdy house offenses while they were more likely to convict and impose harsher punishments on “keepers,” than “inmates.” The long-term effect of the increasing visibility of “prostitutes” was to put them at greater risk when the brothel system ended. ii Acknowledgements I would like to extend my deepest appreciation to Dr. Lesley Biggs, my supervisor. The completion of my thesis would not have been possible without your support and guidance. Thank you for being an excellent instructor and sharing your knowledge. I am extremely grateful to my committee members, Dr. Valerie Korinek and Dr. Simonne Horowitz for always expressing an interest in my work. Thank you to the College of Graduate and Postdoctoral Studies and the Department of History for funding this research. I would also like to express a big thank you to the archivists at the Provincial Archives of Alberta and the librarians at the University of Saskatchewan’s Murray Library for their assistance. I also wish to thank Dr. Mélanie Methot. I would not have pursued a degree in history without having you to inspire me. I would also like to thank my husband, and my family and friends for being supportive and lending a hand when I needed it and never wavering in your support. A big thank you to my mother-in-law, Shannon, for coming to London, England with me to present at the British Association for Canadian Studies conference in 2018. iii Table of Contents Permission to Use ................................................................................................................................................i Disclaimer .............................................................................................................................................................i Abstract ................................................................................................................................................................ ii Acknowledgements ......................................................................................................................................... iii Table of Contents……………………………………………………………………………………………………….……………iv List of Figures ...................................................................................................................................................... v List of Tables ........................................................................................................................................................ v Chapter 1 “We Shall Observe This Movement with the Keenest Interest” Canadian Prostitution and the Influence of Moral Reform ............................................................................................................... 1 1.1 Background: Canadian Prostitution Law ..................................................................................................................5 1.2 The Moral and Social Reform Movements ............................................................................................................ 10 1.3 The Regulation of Women’s Sexuality ..................................................................................................................... 18 1.4 The Regulation of Women’s Sexuality in “The West” ...................................................................................... 20 1.5 Scholarly Approaches to Prostitution/Sex Work .............................................................................................. 24 1.6 State Regulation ................................................................................................................................................................. 25 1.7 The Organization of Prostitution in Social and Physical Spaces ................................................................ 33 1.8 Methodology ........................................................................................................................................................................ 42 1.9 Thesis Structure ................................................................................................................................................................. 44 Chapter 2 Morality and Crime in the West ............................................................................................... 46 2.1 Prostitution in the Western Provinces ................................................................................................................... 50 2.2 The Administration of Justice in The West ........................................................................................................... 55 2.3 The Appointment of The Magistrates ...................................................................................................................... 57 2.4 The Appointment of Philip Primrose....................................................................................................................... 58 2.5 The Appointment of Emily Murphy .........................................................................................................................