This year for Black History Month I will be examining Colour-Coded: A Legal History of Racism in Canada, 1900-1950 by Constance Backhouse. Please read the preamble post if you haven’t already. Part 1 of this series is here. Part 2 is here, and a follow-up can be found here.
Part of the main thrust of this year’s Black History Month is that while the history of black people is not defined by racism, it is almost impossible to understand the contemporary black experience without carefully examining the way racism has shaped it. As such, there is some valuable information to be gleaned from comparing how white supremacist entities treated other (i.e., non-black minorities) groups and people. Put another way, I believe it is both possible and valuable to examine, for example, the discrimination and ultimate dispossession of the black population of Halifax’s Africville by understanding other groups whose property rights (and indeed, human rights) have been simply ignored by an uncaring and paternalistic political system.
One such example (which is roughly contemporaneous with some of the more egregious aspects of the Africville saga) comes to us in the form of the case of Sero v Gault. Eliza Sero was a Tyendinaga Mohawk woman who shared custody of a fishing net with another woman, through which she gained her livelihood. A provincial government fisheries inspector named Thomas Gault seized Sero’s net on the grounds that she did not have a provincial license. This was no small matter for Sero – her way of supporting herself was caught up in that net (a net she didn’t own outright to begin with), and so she sued. [Read more...]