Legal Cad History to 1890s

Orality Ind = indigenous

Practice Ind

Property Ind

Family Ind

Governance Ind

War and PEace Ind

Mi’kmaw

• One of the largest Indigenous groups in present-day Nova Scotia

• Headed by a larger group that was comprised of both women and men

• Handed down and passed down traditions orally

• tracked and followed animals

HAUDENOSAUNEE

• Around the Great Lakes regions and st lawarnce river , where they had more of a settlement-focused society rather than tracking and following animal

• Great Law of peace

  • Hiawatha Belt that adoptes symbol for the Haudenosaunee 5 clans

  • The peace tree is in the center

  • Was put together in a way that could be understood noe as a confederation

  • This lead them to be a very powerful indiginous group that followed through into the colonial period

ANISHINAABE

• They were oriented aorund the great lakes region and spoke Algonquin dilect

• Oral tradition says to be people who came from the east

• They had a lot of colonies and were made up of 7 groups with 7 clans in them

• There lessons were imparted through cultural hero to teach about human and non human world

CREE

• Migratory culutrew

• share the culture hero oral tradtion with the Anishinaabe

• Principlesa of non-interfrence

  • people are held accountable by other people an elders

  • Children are taught these systems from a young age and it is a vital sign of independe and survival

  • For people of Cree it was super important because of their enviroment

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BLACKFOOT CONFEDERACYCREEINUIT

• Similar to HAUDENOSAUNEE in language and were made up of 4 clans covering Alberta, saskatchewan and Montana

• There formed confederacy was part of a response to colonialism

• Were buffolo herders

• Still governed by old treaties from 1800s like treaty 7 from 11 about railroad and land usership

KWAKWAKA'WAKW / COAST SALISH

• Many of the west coast indigenous population lived in settled soiceties and the total population was very large

• there were 7 distinct languages

INUIT

• Very distinct indiginosu group incanada as they do not have the same title as indians in Canada

• There land was made up of land and sea

• Beleived to have arrived in NA much later and their culture and lifestykle is much differnt than the other indiginous groups we studied

Late medieval Europe

• With the fall of constatanople Europe had to find new trade routes

• the europe then is much differnt from the europe we know today

• Legal traditions were passed down orally to everyone even if it was written dow, because people count not read and often devloped during colonialization

• Black death kinda took everyone out 60%

• Church had a lot of power - was not just relgous but economical, struyctual and administrartive

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Christopher Columbus

• commissioned by the royalty of Spain to explore and finda alternate route to trading in asia

  • found amaricas and by second voyage set up a colony in todays haiti

• Much of the violence in the early spanish colonial period can be seen as a continuation of the recxonquista - fight for pure blood

  • expelled jews and muslism out of spain

• Hernán Cortés led the spanish conquest of the aztech killing many many many people - lotting and enslaving

treaty of Tordesillas

• The pope drew a line for the monarchy of Spain and Portugal using his authority to divide up the wolrd east and west

• This came after bloodshed and massacre by the colonizing powers of Portugal and Spain

• The line was set, giving Portugal everything in the east (africa and asia) and spain the west Carribean and amareicas

• largely fictitious event as no one but them were aparty to it esspecailly the indiginous people who didnt even know what spain was

Spanish Amarica

• first major colony in the Americans(land of high mountains

• Requerimiento was a text to be read to indigenous people before they would take their land

• Spanish raiders would go ashore mainland and take slaves back to work the islands for sugar cane which was brought to the Americas as a gift but grew very well there

Newfoundland fisheries

• Holy cod found by John Cabot

  • was sent on expedition

• Cod was very good source of calories and easy to store but was seasonal

• people would go ashore for bar minimum but mostly for drying cod out

• french with better access to salt used salt to dry out

• cod fisheries were vital to the devlopment of the area

Tadoussac

Small French trading outposts that erupted form cod fisheries

would trade weapons for fur

Colombian exchange

• it is the term used to describe the exhcnage of desieas

• The types of diseaes eurpeans were used to did not exist for the indiginous people

  • diseases that came with the domestication of animals

• smallpox, whooping cough, measles

• smallpox did the most damage

• 60-90% died in condensed spaces

• helped lay the groundwork for the colonial period in Canada

Filles De Roi

• 1663 King luis end the rule of the 100 association and puts crown in charge

• france importaed their system of provinces and rule to new france

• Women were brought to france to get married mostly from poor urban backgrounds and stopping them from falling in support of the state

• Married couples would hgopefullyt establish themselves more permantly and increase the population

seigneuries

• 5k long strips owned by french elites along the st lawarence river that was worked by Habitants

• Habitants were similar to surfs with a bit more freedom of movement and marriage

• one of the most imprtant social economic event in canadain history

• Abundance of land and shortage of labour

Idea of household

• Settler ideology of making the man the head of the household

• important to the establishment of a colonial state

Absolutism

• the king had all the power and ruled through edict and decree

• not multipurpose governement body like a house in England

• caused weakness in French state abroad with underfunded and underdefended colonial state

Govoners and Indants

• were considered the kings rep in the colony

• had sweeping powers, dealt with the garrison and indigenous people

• When the king took over and made three provinces Quebec City’s governor had more power and he, Frontenac, is well known for his increased relations with Indigenous people over the fur trade, alliences and relations

• was also the early introduction to a judical system in New France

Seigneurs

• Seigneurs own the seigneuories which was the land habitants worked on

• would often be owned by rich wealthy elites or church groups like jesuites as an attempt to spread their beliefs

• the Seigneurs who owned the land also acted as a judge for minor civil issues that happened on their land

Conseil Souverain

• was set up like parliament du Paris (not like English parliament )

• Members in new france were often men from high ranking familes

• the consiel saw legal issues like rap and murder

• there was a smaller court the prevote to deal with other matters that were above the Seigneurs and below the counseil

• People in this day and age loved court and would go all the time

• No prisons or idea of modern police force and punishment was sever

The church

• played a huge role in colonial life as everyone went to church

• Catholic holdiays marked the cathey were in chrage of marriages which played a huge role as afro said with the male household leader lander for all celebrations and feasts

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Common Law

• Is called common law because of the way it is founded in the community of people and was very diverse

• Common law was brought to the Amricas but not all aspects of it

• As the kng in the 1700s tried to control th state and get more power, court appointed judges became more common

• Blakestone and Coke were vital to the written aspect of common law and the consolidation of it

Parliment

• Hose of commons (elected*) and house of lords (elites) and the king

  • this system is refelcted in almost all governmental systems post 7 year way 1763

• Was a centralized political system different from Frances diverse and provincial system

• Bill of rights end of 1600s established the power of parliament with the monarch instead of monarch rule all

• The evolutions of politcal systems in england and the consoldation of power on the maian land lead to issues in the colonies and politcal ideas being established

New England

• North East of modern US

• Established through the destruction and removal of indigenous people Philips war

• The population of new england was 20 folds that of new france and centealized in modern Massachusetts and Conneticut

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Nova Scotia

• Home of the Mi’kmaw people

• Was on a penisula and thus was a hugly stratigic location

• Because of its location it faced a lot of conflicts and came under british rule in 1710

• Halifax was built as as a response to louisbourgh in modern cape breton to protect the penisula

• British also began to expell acadian people who would not swear an oath of loyalty to the crown which would mean they would fight in army and would lead to conflict with Mi’kmaw people who they liked and were scared off

Navigation acts

• Nova scotia posed as a pivital stop for merchant ships travling from Caribbean and england

• Navigations act made it so british ships could only carry british goods

• Wanted to gather as much wealth from the colonies as possible

• all the money was in the Caribbean

Peace and Friendship

• tensions were high

• The founding of halifax poastited itself as a volnet move as 3000 soilders moved there overnight

• Goal was to end hostilities between indigenous people in New England and Nova Scotia

• Unlike other treaties these were not land based and instead focused on relations and conflicts

Walking purchase

• Indiginous people in pencilvayia agrreed to sel land equal to what a man could walk in a day

• British get their fastest runners and get much more land than the indiginous people were expecting

Week 5 pt 2 not happening

Bozo

Indiginous Slavery

• Changed based on where and who the indiginous people were

• Treated slavery more closley related to trophies and rewards from war

• In BC it was essp3cailly popualr to take into slaves from other indiginous groups you faught against to rwplace the people you lost in the fight

• Indiginous labour was gendered and one of the ways to embarass the captured male slaves was make them do female work

Atlantic Slavery

• Slavery was around in before atlantic conquest but it increased the need for it by a lot

• Was cheaper to import slaves every 7 years then it was to take care of slaves for 7 years

• The journey from Africa was horific and death was expected

  • was supposed to be an intodcution to brutality of slavery

• The middle passage transported 15 million slaves during the Atlantic slave trade

• The people of africa were considered savages and this enslavable unlike the people of Europe

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Partus Sequitur Ventrem

• Off spring follows the belly

• The children of an ensalved mother are enslaved themesleves

• Went against the male patriarachal idea because it benifited slave owners

• Sexual violence also benifited slave owners as children born from it would become slaves

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Engages

• A french work for a different type of slavery that existed prior to atlatic slave trade

• was normally poor men and they would sign contracts to work in indetured slavery

• However there contracts would give them food and a place to sleep

• their contracts could be baught and sold between owners

• Was for limtied periods of times like 3 years

• nothing like atlantic slavery

Panis

• French word to describe enslaved indigenous people by other indiginous tribes

• Men used for labour and women for sesxual reproduction

• French adopted the atlantic slave trade vision

Ile-royal

• Modern day cape breton

• Where lousibourgh was built and was the french outpose during the atlantic slave period in the Caribbean

• Slaves were also brought there and was one of the first cases of atlantic slavery in Canada

• As settlers arrived in canada some would bring slaves with them

Proclmation line

• Line the divided up the land post 7 year way 1763

• point was to stop amarian colonist from ourchinsing land without crown facilitating it

• NS was in a weird place since it was east of the line

  • Belcher’s line was made in NS but never really found its way into law past its creation

New colonies

• British victory over plains of abraham cemented british rule and hegempony in NA

• However french colonisits coul not just be removed thus they passed acts to allow them to practice catholicism and keep languaghe

  • appease rich french people

• However they could not have any seats in governance

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Northwest passage

• MTL was a city that worked as a central access point to different regions of Canada

• The hudson bays company explored up to the hudsons bay to look for the north west passage

• Henery Hudson died

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Hudson Bay company

• Was given a charter to the land around the hudson bay and was much more land than anticipated by the people in charge of the charter

• Also called ruperts land cause that was who the charter was given to

• Used river systems to access fur trade and beame on of the largest fur trading companies

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NWC

• North west company was founded by Mcgill to compete against the monoply of the Hudson bay company

• they used already existing french trading routes and relation near the great lakes

• Conflicts arose between the two companies as they kept on trying to move west word to modern day Alberta

• None of them acctually did the fur hunting just trading with indigenous people

Crisis

• The taxes, laws and rules during and to rewcover from 7 year war really lead to amarican rev

• Uhoh they are mad at us

• stamp act was not chill

Qubec act

• Assimilate Qubec into mainstream british empire as they are seen as important allies to have if needed for amaricans

• Cut off amariacns to the ohio valley and gave more independence to catholics which amarican colonies did not like

• Qubec was ruled through appointed council and not given the option of a general assembly to help keep controle of them

Patriots and Tories

• Tories pro corwn and Patrios were anti crown

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Boston tea party

• pretesters dressed up in indigenous clothing

  • claim indigenous identity to land

• Was caused by east india company gaining a monopoly on tea sales and imposed heavy tax on colony

• Post tea party British soldiers occupied city causing people to flee

Imperial civil war

• Led by george washinton of verginia and a big slave owner

• He adoipted the Continental Army and their first campaigne was Qubec city which was a bad idea cause it was december

• they hoped to convince the habitant to join them but they sat out of most of the war

• they knew that the Colonies south hated them and the church would bar them from communion if they joined reperseting the power of the church

• It was great economically for them though with British soldiers using the cities for food and board

• Was also the beginning of immigration to NS by some patriots

Declaration of independence

• US now a thing

• They get ohio country which is baaaad news for the indiginous people

• British did not consult Indigenous allies that helped them in the fights

Haldimand Proclamation

• Gave land in return for the effort by the Haudenosaunee to the war by Haldimand the govoner of quebec

Evacuations

• Post Amariacan revolution Dunmore proclamation looked to expel and patriots still loyal to the crown

• They fled to canada

Birchtown

• Was the town for bl;ackfolks promised land for fighting for the british during the revolution

• It was bad, rocky and not very good for agricutlure unlike Shelburne where many white people who faught for britian got their promised land

• they were further balmed for unemployment and lo wages in Shelburne and further expelled

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Sierra Leone Company

• Founded by abolitionists granville sharpe to help resettle black slaves back in africa

New Brunswick

• Nova scotia population doubled after the revolution with patriots immigrating in

• With fears of NS joining the US creating a province of British loyalist patriots in between in NB worked as a great buffer between them

• had there own goverence approved in the same style as always

  • general assembly, council and govener

Upper Canada

• Modern day Ontario

• Was a huge site for fur trading but then became a huge immigration locations with promises of land

• As the population of anglaphone protastnats grow they do not want to be asscoiated woth quebec anymore

• Leads to the constitution act that seperates qubec into upper and lower canada with upper canada first captial being Niagra on the lake and kingston and Belleville being popular communties along with Niagra on the lake region

Abolition

• A handfull of enslaved folks were brought to upper canada with largest being broughtr by hudenashnee war leader

• Simcoe abolished the transportation of slavery into Upper Canada even though wealthy elitesd did not want that

• Slavery was still around till 1830s abolishment in UK

Townships

• gridlike areas given out to people to increase the popualtion of male headed households in upper canada

• Was given out by the dish with one spoon but beleived to be heavily misunderstood

• indigineous people thaught ti was to share land but upper canada took it

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Northwest confederacy

• A collection of indiginous people in the ohio valley that joined together to fight new amarican army

• At first they did well being supplied by british and disorganized American army but soon they got more organized and killed a bunch of the indiginous people to take agricultural land