This second volume of the Canadian State Trials series focuses on the largest state security crisis in 19th century Canada: the rebellions of 1837-1838 and associated patriot invasions in Upper and Lower Canada (Ontario and Québec). Historians have long debated the causes and implications of the rebellions, but until now have done remarkably little work on the legal aspects of the insurrections and their aftermath. Given that over 350 men were tried for treason or equivalent offences in connection with the rebellions, this volume is long overdue.
The essays collected here, written by prominent Canadian historians, legal scholars, and archivists, break new ground in the existing historiography of the rebellions by presenting the first comprehensive examination of the legal dimensions of the crises. In addition to examining trials and court martial proceedings, the essays examine their political, social, and comparative contexts, including the passage of emergency legislation and executive supervision of legal responses, the treatment of women, and the plight of political convicts transported to the Australian penal colonies. Canadian State Trials, Volume Two contributes significantly to the ongoing reassessment of the rebellion period.