breathedout: Portrait of breathedout by Leontine Greenberg (Default)
Today I learned that...

  1. During WWI, tiny Elizabeth Bishop was living in Nova Scotia! Apparently she lived with her grandparents in Great Village, NS, from 1915-1917, aged four to six, and thereafter returned often for holidays. Great Village is west and slightly south of the Antigonish/Trenton/New Glasgow area where my characters Rebecca and Katherine grew up and where Emma lives; and situated on the Minas Basin north of Halifax, where Maisie and Rowland live. This has no practical applications for me as even Bishop at six years old was, you know, still a six-year-old; she wasn't running around falling in love with Canadian maidens and writing sonnets about loss. But I thought it was a cool connection.


  2. The artist Mildred Valley Thornton, of whom I had never heard, sounds like a force to be reckoned with (from Shay Wilson's "Portrait of a Vanishing Artist)":
    At the age of seventy-seven, Mildred Valley Thornton looked back on her achievements. Her oeuvre was impressive-- hundreds of paintings, most of them striking portraits of First Nations people from the Plains and the West Coast, dating from the 1920s to the 1960s. She'd received honours and recognition. She was a fellow of the British Royal Society of Arts. She was a respected art critic. She had published a book (a second book was published posthumously). Her paintings had been internationally exhibited.

    Another person might have felt satisfied with these accomplishments, but Thornton was bitterly disappointed. Since the beginning of her career, she had refused to sell any of her portraits, even though they were in high demand. She wanted the Canadian government to one day purchase the entire collection on behalf of the public and to acknowledge the historical importance of her contribution. [Thornton intended to pass on the proceeds from this sale to the First Nations people who had been the subjects of her portraiture.] But when that day came, the Canadian government refused to buy it. Angry and hurt, Thornton made a drastic decision--she would have every last painting in the collection burned.

    This last did not actually happen because this codicil to Thornton's will wasn't properly witnessed; instead her works were sold into private collections and the money went to her estate rather than back to the First Nations people whom she wanted to benefit. Womp womp.


Honestly I also learned a TON more things today; it was kind of a breakthrough research day followed by a super productive talking-about-my-novel session with [personal profile] greywash; I feel like I'm much further along in this restructuring process than I was at the beginning of the weekend despite the fact that I am PLAGUE-STRICKEN; LO I HAVE A COLD; MISERY IS ME.

I physically feel like a slug and yearn for a return to my gym/yoga routine, but otherwise: not too bad, considering.
breathedout: nascent novelist in an orange bikini (writing)
I had today off work and spent the whole afternoon starting (or... continuing, but it's still early days) the process of taking apart my novel outline and looking at interweaving a second, home-front narrative arc. So far I can say that I really like what this does for the early section of the story; it solves some problems with events that formerly seemed overly coincidental and authorial and are now solidly character-arc-driven; and it also sets up some productive tensions for later in the book between my two POV characters. But I'm also feeling a bit overwhelmed by how to target my research at this point; it's a big project and there are so many areas to explore and flesh out. Which, I knew that was true before I started the restructure—it was true even with my old high-level outline—but even more so now. As I was telling [personal profile] greywash earlier today, I get so much joy out of working inside these very detailed, solid historical frameworks... but constructing said frameworks for myself is a lot of work! I'd been working inside the Unreal Cities framework for so long that I kind of forgot how much work it was to make.

Anyway, a few notes of interest that I happened across in my reading:

  • Did you know that "hinterland" has a technical definition? Apparently, in maritime terms, the area which brings its goods to a port for export and receives the imports processed through that port, is that port's "hinterland." (In more general economic terms the same can be said of an area outside an urban center, even if that center's not a port.) I always just thought it meant "the boonies." *themoreyouknow.gif*


  • Three of the four surviving issues of the Atlantic Advocate, which today I learned was Nova Scotia's first Black Canadian newsmagazine (starting publication in 1915) are available online to browse at one's leisure: January 1917; April 1917; and May 1917. I haven't had time yet to read them all in full, but skimming through, they're an interesting read: extremely moral-suason-y—the January issue promises "All the news of interest: Of the Race; Their Doings; Their Progress"—but it gives a sense of how a certain group of Black Canadians were talking about their lives & activism at the time.


  • You can also browse the entire run of issues of the Dalhousie Gazette, the Dalhousie University student newspaper, from its inception in 1869 right up until the present day. In case you wanted to know what Professor Martin had to say about dreams in his lecture to the medical school, or what happened on the Senior Night Walk of November 30, 1916.


  • Archives of mainstream Nova Scotia newspapers are, on the other hand, bizarrely difficult to find online?? Apparently I need to track down a ProQuest membership in order to look at back issues of the Halifax Chronicle(/Herald)?? My life is hard, etc. etc.


  • Speaking of Halifax, did you know that the Great Halifax Explosion, in which a ship laden with high explosives exploded in the harbor, was the largest man-made explosion in history prior to the atomic bomb? Now you do.
breathedout: Reading in the bath (reading)
Wednesday again! How the weeks go by.

In the spirit of actually finishing some things and reducing my number of active projects, I did finish three books this week. Unfortunately two of those I also started this week, so my running total is only reduced by one. But I'm working on it!

I'm very glad I returned to Constance Backhouse's Colour Coded: A Legal History of Racism in Canada 1900-1950, because despite the late date of the main incident under discussion (1946), the chapter on Viola Desmond's challenge to racial segregation in a Nova Scotia movie theatre ended up being both fascinating and also useful for my research purposes (I excerpted this chapter heavily: anyone interested can see these three entries.) Because Backhouse went back far enough to discuss Desmond's family of origin, there was actually quite a bit of era-appropriate discussion, and some notes specifically on cultural attitudes toward white/Black intermarriage, which is relevant.

This chapter is one more data point in the picture of early-20th-century Canadian racism as operating on a polite and unofficial, but very much present, register, which is of a piece with (for example) the practices of the WWI-era Canadian military toward non-white men who wanted to enlist: while never officially banned from service, they were generally politely turned away by individual recruiting officers. This premium on politeness was (and is) sometimes taken to bizarre extents, like the newspaper commentary on the 1930 Oakville, Ontario Ku Klux Klan raid on the home of mixed-race couple Ira Johnson and Isabel Jones, in which newspaper commentators congratulated the 75 masked and hooded Klansmen for their lack of violence, and opined that if the US Klan conducted itself as politely as the Canadian Klan, there would be no moral problem with the organization. Similarly, many observers in 1946 seemed to have felt that Viola Desmond was the one acting out of turn by rudely pointing out that she'd been treated in a discriminatory manner by the Roseland Theatre. Parallels to modern "cultures of niceness" in organizations and movements are easy to draw.

Switching gears: I had a couple of short works that were about to be forcibly returned to the library, so I took a few of days to read each one. Shortly after starting Anne Serre's The Governesses (trans. Mark Hutchinson), I described it to [personal profile] greywash as "possibly the French-est thing I've ever read": by which I meant, I suppose, extremely mannered, stylish, sexual, and surreal. If you have ever watched Alain Resnais's L'Année dernière à Marienbad and thought to yourself, "If only this film could be rendered in book form, but starring three sexually voracious governesses walking the grounds hand-in-hand in yellow dresses, collectively seducing strangers at the gates and planning parties that never happen, surrounded by a horde of small boys perpetually rolling hoops along the gravel paths—and also, if the execution could be WAY more heterosexual than that summary makes it sound," then you, my friend, are in luck. My tone gives the impression that I didn't like this novel, which isn't true; I did enjoy it, but it's very much The Thing That It Is, to an extent that I sometimes found pretty amusing. I think by and large, either you're going to want to read a chilly, sexually-explicit modern French fairy tale or you're not; but here's a taste of Serre's neat surrealism for those who may be undecided:

The festivities always begin in the same fashion. For the first few evenings, the governesses shut themselves up in their rooms, where they have fits of the vapors and palpitations and break out in hives. On one occasion—though only once, it's true—their fainting fits occurred in the hallway and on the stairs. Monsieur Austeur came rushing over, then went to fetch smelling salts, while his wife Julie stood there, clutching her pale arms at the sight of the governesses stretched out lifeless at her feet. Generally speaking, however, things pass off more smoothly. The governesses blush and flutter their eyelashes at dinner, overturn a soup tureen, burst into tears, and run up to their rooms. At this point Madame Austeur starts humming a sentimental air and darting knowing glances at Monsieur Austeur. "It's high time they were married, high time they were married," croons Monsieur Austeur, wickedly. And the two spouses exchange smiles like model parents over their daughters' first flushes of adolescence.

But let's follow the governesses more closely. After all, they're not sixteen anymore. And they don't dream much as a rule. So what's all this playacting about?

What, indeed? What indeed.

I had a hard time categorizing the other book whose library return date was coming up: Han Kang's The White Book (trans. Deborah Smith). I read her Man Booker-winning The Vegetarian a few years back, and it provoked in me a strong and pretty critical reaction, but it was definitely striking enough that I was interested to hear she was coming out with something new. Compared to The Vegetarian, The White Book is less novel and more a sort of memoir-poetry hybrid. It follows the motif of white (in Korean culture, the color of both funerals and weddings, as well, crucially, as swaddling clothes) through a series of short autobiographical scenes that mull over the death of Han's older sister at the age of only two hours, as well as the emotional and existential ramifications of that death for Han's own life. Staying for some time in a city implied to be Warsaw, she imagines an alternate reality in which her sister, and not herself, is wandering the snowy streets, observing the progressive whitening of the city. These semi-imaginary wanderings branch out into other meditations on whiteness, death, and life.

Han's prose is beautiful, understated and meditative, and the effect of the repeated white/death motif, approached from many different angles, is similar to rubbing a smooth stone in one's pocket. Any resolution is reached via a being-with, rather than a going-through, the issues posed; and that's reflected in the structure as well as the content.

I excerpted three short scenes here, and a slightly longer chapterlet here (I hid this second one from people's reading pages because of the content warnings at the top of the page; do note them), but this book is extremely excerptible, so here's another little pairing:

White bone

She was once X-rayed to try to determine the cause of the pain that afflicted her. The skeleton in the Roentgen ray, gray-white bones in a gunmetal sea. It startled her to see it like that: something with the solid materiality of stone, steadfast inside the human body.

A long time before that, around puberty, she had become fascinated by the names of the various bones. Anklebone and knee bone. Collarbone and rib. Breastbone and clavicle, another name for the collarbone. That human beings are also constructed of something other than flesh and muscle seemed to her like a strange stroke of luck.


Sand

And she frequently forgot,
That her body (all our bodies) is a house of sand.
That it had shattered and is shattering still.
Slipping stubbornly through fingers.
breathedout: Reading in the bath (reading)
Observers of the [Viola Desmond] trial would have been struck by the absence of any overt discussion of racial issues. In the best tradition of Canadian 'racelessness,' the prosecution witnesses never explained that Viola Desmond had been denied the more expensive downstairs [theatre] ticket on the basis of her race. No one admitted that the theatre patrons were assigned seats on the basis of race. In an interview with the Toronto Daily Star several weeks [after the 1946 expulsion of Viola Desmond for sitting downstairs at the Roseland theatre despite management's refusal, due to her race, to sell her a downstairs ticket, theatre owner] Harry MacNeil would insist that neither he nor the Odeon Theatres management had ever issued instructions that main-floor tickets were not to be sold to Blacks. 'It is customary for [colored persons] to sit together in the balcony,' MacNeil would assert. At the trial, no one even hinted that Viola Desmond was Black, that her accusers and her judge were white. On its face, the proceeding appears to be simply a prosecution for failure to pay a provincial tax. In fact, if Viola Desmond had not taken further action in this matter, the surviving trial records would have left no clue to the real significance of the case.

[...]

[Reacting to the results of the trial in The Clarion newspaper, James Calbert Best] castigated Canadians for their complacency:
We do have many of the privileges which are denied our southern brothers, but we often wonder if the kind of segregation we receive here is not more cruel in the very subtlety of its nature. [...]

True, we are not forced into separate parts of public conveyances, nor are we forced to drink from separate faucets or use separate washrooms, but we are often refused meals in restaurants and beds in hotels, with no good reason.

Nowhere do we encounter signs that read 'No Colored' or the more diplomatic little paste boards which say 'Select Clientele,' but at times it might be better. At least much consequent embarrassment might be saved for all concerned.

—Constance Backhouse, Colour Coded: A Legal History of Racism in Canada, 1900-1950
breathedout: Reading in the bath (reading)
A few more passages from Constance Backhouse's Colour Coded: A Legal History of Racism in Canada, 1900-1950 (Chapter 7: "'Bitterly Disappointed' at the Spread of 'Colour-Bar Tactics': Viola Desmond's Challenge to Racial Segregation, Nova Scotia, 1946"), which I am TRYING to finish so that I will no longer have eight books on the go at the same time.

Although both Viola's parents had both Black and white forebears, her father was much darker-skinned than her mother, which created the perception of a mixed-race marriage:

Viola [Desmond]'s parents married in 1908, creating what was perceived to be a mixed-race family within a culture that rarely welcomed interracial marriage. It was not the actual fact of racial mixing that provoked such concern, for there was undeniable evidence that interracial reproduction had occurred extensively throughout North American history [ed: often as a result of the rapes of Black women by white men]. It was the formalized recognition of such unions that created such unease within a culture based on white supremacy. The tensions posed within a racist society by an apparently mixed-race family often came home to roost on the children born to James and Gwendolin Davis. Viola's younger sister recalls children taunting them in the schoolyard, jeering: 'They may think you're white because they saw your mother at Parents' Day, but they haven't seen your father.' Viola self-identified both as 'mixed-race' and as 'coloured,' the latter being a term of preference during the 1930s and 1940s.

As Viola grew up, she became an ambitious entrepreneur, traveling to Montreal, New York, and Atlantic City to train as a beautician since the available beauty schools in Halifax barred Black women from admission. Returning to Halifax, she went on to found Vi's Studio of Beauty Culture, not only offering beauty services to her clients but developing her own self-branded line of Black beauty powders and creams, which she sold through her shop, and traveling throughout the province to make her products and services available to people outside of Halifax. Backhouse writes:

Although [Viola's husband] Jack was initially supportive of his wife's choice of career, her ambitious business plans began to cause him some distress. He became concerned that all of the travel required was inappropriate for a married woman. Both spouses in Black families frequently held down jobs in the paid labour force, contrary to the pattern in white middle-class households. But middle-class Black women who sought work outside the home often faced bitter tensions within their marriages. Their careers tended to clash with society's prevailing ideals of gender, which required that men be masters in their own homes, ruling over dependent women and children. Even women who remained childless, such as Viola Desmond, found themselves subject to pressure to retire from the paid workforce.

At odds with her husband on this point, Viola Desmond held firm convictions that Black women ought to have greater access to employment opportunities outside their traditionally segregated sphere of domestic service. A few years after she set up her own studio, she opened the Desmond School of Beauty Culture, which drew Black female students from across Nova Scotia, New Brunswick, and Quebec.
breathedout: Reading in the bath (reading)
From Constance Backhouse's Colour-Coded: A Legal History of Racism in Canada, 1900-1950 (Chapter 7: "'Bitterly Disappointed' at the Spread of 'Colour-Bar Tactics': Viola Desmond's Challenge to Racial Segregation, Nova Scotia, 1946"), a long excerpt that's relevant to my novel-research and which I also thought might be of more general interest as well:
Carrie Best, who was born and educated in New Glasgow [Nova Scotia, where the managers of the Roseland Theatre refused to sell Viola Desmond a ground-floor ticket on the basis of her race], was well acquainted with the egregious forms of white racism practiced there. A woman who defined herself as an 'activist' against racism, she did not mince words when she claimed there were 'just as many racists in New Glasgow as in Alabama.' She was thrown out of the Roseland Theatre herself in 1942, for refusing to sit in the balcony, and tried unsuccessfully to sue the theatre management for damages then.

Nor was she a stranger to the heroism of Black resisters. One of her most vivid childhood memories involved a race riot that erupted in New Glasgow at the close of the First World War. An interracial altercation between two youths inspired 'bands of roving white men armed with clubs' to station themselves at different intersections in the town, barring Blacks from crossing. At dusk that evening, Carrie Best's mother was delivered home from work by the chauffeur of the family who employed her. There she found that her husband, her younger son, and Carrie had made it home safely. Missing was Carrie's older brother, who had not yet returned from his job at the Norfolk House hotel. Carrie described what ensued in her autobiography, That Lonesome Road:

In all the years she lived and until she passed away at the age of eighty-one my mother was never known to utter an unkind, blasphemous or obscene word, nor did I ever see her get angry. This evening was no exception. She told us to get our meal, stating that she was going into town to get my brother. It was a fifteen minute walk.

At the corner of East River Road and Marsh Street the crowd was waiting and as my mother drew near they hurled insults at her and threateningly ordered her to turn back. She continued to walk toward the hotel about a block away when one of the young men recognized her and asked her where she was going. 'I am going to the Norfolk House for my son,' she answered calmly. (My mother was six feet tall and as straight as a ramrod.) The young man ordered the crowd back and my mother continued on her way to the hotel. At that time there was a livery stable at the rear entrance to the hotel and it was there my mother found my frightened older brother and brought him safely home.


This was but one incident in an increasingly widespread pattern of white racism, that exploded with particular virulence across Canada during and immediately following the First World War. White mobs terrorized the Blacks living near New Glasgow, physically destroying their property. White soldiers also attacked the Black settlement in Truro, Nova Scotia, stoning houses and shouting obscenities. Throughout the 1920s, Blacks in Ontario and Saskatchewan withstood increasingly concerted intimidation from the hateful Ku Klux Klan. But race discrimination had a much longer history in Canada.

THE HISTORY OF BLACK SEGREGATION IN CANADA )
breathedout: Reading in the bath (reading)
Wednesday again! This week's reading has gone like so:

By far the book I spent the most time with was Constance Backhouse's Colour Coded: A Legal History of Racism in Canada 1900-1950, which I pored over all weekend and excerpted here at length. I also read an unrelated 1988 article by Backhouse, "Married Women's Property Law in Nineteenth-Century Canada," which contained this excellent zinger. Both of these sources were research for my WWI Canadians novel, and both of them proved/are proving extremely useful. Colour Coded is divided into essay-length chapters, each of which deals with a legal case involving race in Canada. Starting with the chapters that seem most likely to be relevant to my characters, either in terms of era, racial group, or geographical region, I read the whole of one section and parts of two others:

  • Chapter 6, "'It Will be Quite an Object Lesson': R. v Phillips and the Ku Klux Klan in Oakville, Ontario, 1930" concerns a night-time Klan raid on the home of a black (or First Nations—his racial background was a subject of debate) man and his white fiancee. I posted at length about this chapter, which is probably the most relevant for my purposes: I'm specifically interested in attitudes toward white/Black intermarriage in eastern Canada in the early 20th century, and this had some really useful material, including specifically differing points of view from within the Black community of Ontario as various Oakville groups reacted to the fallout from the raid. 1930 is of course a little late for my purposes, and global politics had shifted substantially in the last 15-20 years, but it's still fascinating stuff. The contrast Backhouse draws between the Canadian government's (lack of) response to the rise of the Klan, and their (one might say draconian) reaction to the rise of the Communist Party of Canada, was also tangentially useful for me since a couple of my secondary characters are radical lefties (though anarchists of the IWW variety rather than Communists).


  • Chapter 7, "'Bitterly Disappointed' at the Spread of 'Colour-Bar Tactics': Viola Desmond's Challenge to Racial Segregation, Nova Scotia, 1946" is one I'm halfway through and definitely want to finish, despite it being quite late for my purposes. Desmond was denied access to the more desirable ground-floor seats in a movie theatre in one of the steel-production factory towns that actually feature in my novel. As is obvious from the title, Desmond went on to challenge the discriminatory treatment she received, although I'm not far enough along in the chapter to report on details of what happened or what legal strategies were available to her. More to come!


  • Chapter 5, "'Mesalliances' and the 'Menace to White Women's Virtue': Yee Clun's Opposition to the White Women's Labour Law, Saskatchewan, 1924" is a chapter I want to go back to, despite its being pretty far off my specific research goals. I posted about the so-called White Women's Labour Law here, and in addition to the fascinating history of the Chinese Canadian community's opposition to the law, there are a bunch of other, tangentially intriguing points too (e.g. the formation of 'Chinatowns' on the Canadian prairies; the double standards surrounding both immigration of Chinese women and intermarriage between white women and Chinese men; legal difficulties in defining "whiteness" in law, etc.).


Backhouse's "Married Women's Property Law in Nineteenth-Century Canada" article was also incredibly useful! I feel like so often when I'm doing research I'm triangulating from the sources I can find to the actual questions I have (i.e. what I talked about above re: extrapolating attitudes on Black/white intermarriage in 1914 Nova Scotia from, among other data points, voiced attitudes on Black/white intermarriage in 1930 Ontario and Chinese/white intermarriage in 1924 Saskatchewan), but this piece came very close to answering exactly the set of questions I went into it asking. It had a level of granularity on both the time and geography fronts that I greatly appreciated, and also discussed many examples of cases that were brought at various times & places, the specifics of which were even more generative. The only thing I wished was that the scope extended another 10 years or so, into the first decade of the 20th century; I'm not totally sure when a couple of laws that went into effect in the 1880s and 1890s became obsolete. (In particular: in Nova Scotia, from 1884 until ____, a married woman had to have written consent from her husband in order to retain control of her own wages; otherwise they would revert to his possession as they would have done under English common law. This was definitely still the case at the turn of the 20th century but I haven't been able to find any record of when it was eventually overturned or superceded by another law. I'm... assuming that it was overturned or superceded at some point, rather than still being the case. If anyone has any insight, I'm all ears.)

Much of the Backhouse research is in service of fleshing out a character who I hadn't really been intending to develop all that much, prior to starting the ficlet cycle: a decision I'm now... reevaluating. Maybe. Potentially. I still have a lot of unanswered questions about how it would look if I end up making her a more central character, though: whether it would mean alternating home-front and war-front storylines in the same novel; or two different, related novels; or some other possibility. Obviously either/any of those options brings up further questions about how to optimize narrative tension and best serve both women's stories. I love the "two or more interwoven narrative threads" story structure—love reading it and LOVE writing it—but it does introduce a lot more moving parts than the simpler "single narrator starts at the beginning and takes us through to the end" model that exists in my current outline. And especially in a setup where those two threads are geographically separate for the bulk of the story, I would have to do work to make them add to one another and pull against each other, rather than just existing side by side. I do think there are places in the current outline that would benefit from being pulled against in that way, but there are other places where I'd have to safeguard against dilution, or against giving the reader an "out." Food for thought, food for thought.

I also read a good chunk of Akwaeke Emezi's Freshwater, which I'd just picked up on Libby last week. A number of people said they deeply appreciated but didn't exactly "enjoy" this book, and I can understand why one would make that distinction. It involves sexual and other trauma, and is told from the points of view of what western medicine would call the alters of a Nigerian girl/woman with Dissociative Identity Disorder (this is, unsurprisingly, not how the narrators of the book conceptualize their existence). The attitudes of the multiple narrating selves toward their host, Ada, is complex and sometimes disturbing: there's a fierce caretaking element, along with pity and occasional empathy, but there's also multifaceted hostility and contempt, and a dysphoric sense of wrongness: of being trapped when they should be free; of something being left open that ought to have been closed. The narrators' formulations of the relationship between themselves and Ada's trauma; between themselves and Ada's colonially-inflected Christian religious belief; and between themselves and the idea of "madness," are all nuanced and sometimes uncomfortable. I'm about 40% in at this point, so I'll be interested to see how Emezi develops their themes.
breathedout: Reading in the bath (reading)
The doctrine of marital unity, through which married women lost most of their rights to property, entailed a "suspension of the independent existence of the wife, and an absorption by the husband of the woman's person and all her belongings... " So wrote Clara Brett Martin, Canada's first woman lawyer, who noted the irony of the marriage ceremony, in which the husband solemnly promised to endow his wife with all his worldly goods. With veiled sarcasm*, Martin (who, incidentally, never married**) attributed the injustice of this situation to the common-law tradition that Canadians had inherited from England. "This notion of the unity of husband and wife," she wrote in 1900, "meaning thereby the suspension of the wife and the lordship of the husband, seems to have been particularly agreeable to the whole race of English jurists, tickling their grim humor and gratifying their very limited sense of the fitness of things."


—Constance Backhouse, "Married Women's Property Law in Nineteenth-Century Canada," Law and History Review, Vol. 6, No. 2 (Autumn, 1988)

*doesn't seem that veiled
**doesn't seem that incidental
breathedout: Reading in the bath (reading)
Would it have been feasible [in the early 1930s] to pass legislation banning 'masked meetings' or explicitly outlawing the [Ku Klux] Klan as an organization? The legislative response to the formation of the Communist Party of Canada is an interesting point of comparison. Canadian politicians took that organization to pose such a threat that they passed the 'infamous section 98' of the Criminal Code in the wake of the Winnipeg General Strike of 1919. Section 98 defined as an 'unlawful association' any organization whose purpose was 'to bring about any governmental, industrial or economic change within Canada' by advocating the use of 'force, violence, terrorism or physical injury.' Once the court declared an organization to be an 'unlawful association,' the police were authorized to seize and forfeit its property. Officers, representatives, and members were potentially liable for up to twenty years' imprisonment. Publishing, importing, or distributing books, newspapers, or other publications advocating such goals also netted offenders up to twenty years. Contemporaneously with the KKK Oakville raid [in which 75 Klan members burnt a cross in the main street and then demanded that white woman Isabel Jones leave the home of her Black fiancé Ira Johnson, and that the two sever their relationship], substantial lobby campaigns were being initiated 'coast to coast' to expand section 98 to outlaw the Communist Party by name.

The KKK's advocacy of white, Protestant supremacy did not seek to 'bring about any governmental, industrial or economic change within Canada,' and consequently did not run afoul of section 98 of the Code as then written. It is reflective of attitudes about racial and religious equality in Canada in this period that no one seems to have suggested expanding section 98 to encompass the advocacy of violent or terrorist methods in furtherance of racial and religious bigotry. Nor did anyone campaign 'coast to coast' to outlaw the Ku Klux Klan by name.

It was not only the letter of the law that distinguished between Communist and KKK activities. There were striking disparities in enforcement as well. In a spectacular show of criminal justice authority, Tim Buck and eight other white Communist Party leaders and activists were convicted of being 'members of an unlawful association,' contrary to section 98, in September 1931 in Toronto. Their convictions were upheld by the Ontario Court of Appeal in 1932. Prosecutions for seditious libel, disorderly conduct, obstructing police and unlawful assembly were routinely pursued against members of the Communist Party between 1928 and 1932 in Sudbury, Port Arthur, Fort William, and Toronto. The offence of 'disorderly conduct' was also pressed into service, with Communist soap-box orators convicted under the vagrancy law of 'causing a disturbance' in or near a street or public place 'by impeding or incommoding peaceable passengers.' To quell Communist rallies, police and city officials threatened that they would 'read the riot act.' The 'unlawful assemblies and riot' section of the Criminal Code allowed police to invoke 'the riot act' whenever twelve or more persons assembled a meeting that was likely to 'disturb the peace tumultuously.' This offence carried with it possible life imprisonment and permitted the police to shoot to kill.

The readiness of the authorities to use the full force of criminal law against the Communists presents a dramatic contrast to their recalcitrance in the face of Klan activities. When it came down to it, in the end the only charge laid against the four Hamilton Klansmen was 'disguised by night.'


—Constance Backhouse, Colour Coded: A Legal History of Racism in Canada 1900-1950
breathedout: Reading in the bath (reading)
On February 28, 1930, after burning a cross in the main street of Oakville, Ontario, a group of 75 masked and hooded Ku Klux Klan members converged on the home where Black (or possibly First Nations—his racial background was a point of contention) resident Ira Johnson was living with his white fiancée Isabel Jones. The Klansmen demanded that Jones return to her mother's house, and promise not to see Johnson again. To Johnson, they threatened to return if he continued to associate with Jones.

After much agitation on the part of the Black Canadian community, the initial complacence of the Oakville police was overcome enough to track down and prosecute three of the 75 white men who participated: although, putting aside many more serious potential charges, the defendants were only put on trial for "going disguised by night." Two of the them were let off entirely, and the third was found guilty and charged $50. Even this lenient verdict the Klan announced its intention to appeal. The two trials became an opportunity for both Black and white Ontarians to reflect on, among other things, interracial marriage: a practice against which, unlike in the US, there were no laws anywhere in Canada, but which was nonetheless discouraged and punished by other means. As quoted from Constance Backhouse's Colour Coded: A Legal History of Racism in Canada 1900-1950:

[Black attorney and activist] Lionel Cross was one of a few lone voices to claim that Ira Johnson's and Isabel Jones's right to wed, and that interracial marriage in general, was a positive thing. 'The white people talk of racial purity,' he said scornfully. 'Yet it is a fact that sixty-five percent of the colored people of the South have white blood in their veins.' It was not the fact of racial intermixture that caused white consternation, but the legitimizing of the interracial sexual liaisons. Thousands of Black women had been forcibly coerced into sexual relations with whites during and after the decades of slavery in North America. The Klan did nothing to contest those non-consensual sexual connections. It was the voluntary, egalitarian unions between the races that alone provoked their ire. Asserting that there could be 'no biological reason against intermarriage,' Cross objected to the Klan's campaign of terror. The Oakville raid was not merely 'a question of intermarriage,' insisted Cross, 'but of constitutional right.'

[Black pastor] Rev. [H. Lawrence] McNeil was considerably less sanguine about this point. McNeil told the Toronto Daily Star that he held 'no brief for the promiscuous intermingling of the races,' and directed his complaint solely against 'the substitution of the purely authorized law enforcement agencies by such an intolerant organization as the Ku Klux Klan.' B.J. Spencer Pitt, the other Black lawyer who had pressured the attorney general to prosecute the Klan, was similarly inclined. 'Personally, I do not believe that intermarriage is advisable,' he indicated. 'Indeed, I would say from my own general experience and observation that such marriages lead more often to discord.' He was even willing to accede to a legislative ban on racial intermarriage: 'If the Canadian government saw fit to prohibit intermarriage of negroes and whites, I am certain that we negroes would abide by the law.'

Both McNeil and Pitt espoused egalitarian philosophies and demonstrated sustained anti-racist activism in the face of the Oakville raid. It is unlikely that they meant to be understood as suggesting that interracial marriages were problematic because of any inherent hierarchialization of racial groups. Their position is reflective of an affirmative pride in Black identity as a source of community, culture, and solidarity.Cut because this got very long! )


Cross was debarred in 1937 for "conduct unbecoming a barrister and solicitor"; Backhouse doesn't go into details about the specifics of his debarring. Amid ongoing controversy, including the burning of Johnson's home to the ground (an incident which the Oakville police declined to investigate), Ira Johnson and Isabel Jones were married on 22 March 1930.
breathedout: Portrait of breathedout by Leontine Greenberg (Default)
First enacted in 1912 [in Saskatchewan], An Act to Prevent the Employment of Female Labour in Certain Capacities is politely titled in racially neutral phraseology. The actual text, drafted in rather ponderous prose, reads: 'No person shall employ in any capacity any white woman or girl or permit any white woman or girl to reside or lodge in or to work in or, save as a bona fide customer in a public apartment thereof only, to frequent any restaurant, laundry, or other place of business or amusement owned, kept, or managed by any Japanese, Chinese, or other Oriental person.' The statute is anything but racially neutral in its text, with the Japanese, Chinese, and 'other Oriental' communities explicitly targeted because of their race. The designated female group is also defined by race, as the prohibition is expressly restricted to 'white women.' Prior to this act, most racial designations in Canadian statutes purported to classify peoples of colour. Various enactments dealt with 'Indians,' 'coloured people,' the 'Chinese, Japanese, and Hindu.' Racial designations in law are typically assigned by whites to non-whites. While the property of 'whiteness' is clearly a definable asset from which all manner of privilege and power flows, it usually tends to disappear into invisibility in legal terminology. The 'White Women's Labour Law' thus constitutes a rather startling development. It appears to mark the first overt racial recognition of 'whiteness' in Canadian law.


Constance Backhouse, Colour-Coded: A Legal History of Racism in Canada, 1900-1950

The so-called White Women's Labour Law was backed by a coalition of (a) all-white, nationalist trade unions looking to make it more difficult for Asian business owners to compete with white business owners, and (b) Protestant evangelical moral crusaders and white feminist women's groups trafficking in racist hysteria about the supposedly devious, weak and asexual Chinese male employer looking to push white female employees into the arms of opium addiction. It was actually even more restrictive than it seemed: while Asian employers were ostensibly left their pick of employees from the pool of white men and non-white women and girls, in practice the high wages commanded by white men priced them out of the market, First Nations people were largely unavailable due to their geographic isolation, and racist immigration restrictions limited the numbers of Chinese and other women (and men, but particularly women) of colour. So this law severely hampered Asian business owners' ability to operate at all, while also decreasing economic opportunities for the white women it purported to protect. The Saskatchewan law was quickly followed up by similar laws, or discussions of similar laws, in other provinces:

The province of Manitoba was so impressed by the Saskatchewan initiative that it adopted identical legislation on 15 February 1913. Due to opposition from the Chinese community, the law was never proclaimed. In 1914, the Ontario legislature passed a similar enactment, although it was not proclaimed until 1920. British Columbia sallied forth with its own version of the 'White Women's Labour Law' in 1919. In Alberta and Quebec, despite expressions of interest, no such act was passed. There was discussion from Nova Scotia municipal politicians about drafting a similar measure, but nothing came to fruition in the Atlantic provinces either.


ETA: The more I think about this, the more what stands out to me between the lines is that there was plainly a very activated, politically organized presence in the Chinese Canadian communities in many of these provinces, in order for so many of these initiatives to have been scuttled due to opposition. That is a VERY impressive result, when you think about all the other institutional obstacles these folks were facing (including immigration quotas that artificially limited their numbers), and about the strong coalition of political forces that were allied against them. At the same time, it also makes me think about the amount of mental/emotional/political/energetic space that it must have taken to mobilize against these kinds of initiatives as they were sweeping from province to province. The fact that so many of them were not proclaimed is a testament to the organizing ability of the Chinese Canadian population, but even in provinces where things only reached the "discussion" phase (as in Nova Scotia, Alberta, and Quebec), energy was no doubt still required to prevent them going any further. And that's energy that these people were unable to expend on whatever they would have been pursuing if they'd lived in a less hostile environment.
breathedout: Portrait of breathedout by Leontine Greenberg (breathedout)
A long passage from Sarah Schulman’s The Gentrification of the Mind: Witness to a Lost Imagination, concerning the anti-sexuality current in the mainstreaming of queer literature, and in particular a detailed account of the 1994 censorship case surrounding the Canadian Little Sisters bookstore.

I think it’s valuable not just for its description of the double-bind queer folks are put in when we’re asked to sanitize or disavow our own sexual realities in order to gain mainstream acceptance, but also for its glimpse into the mechanics of what exactly the process of implementing censorship criteria looks like—who has the power, who gets silenced, and how that can intersect with systems of oppression. All bolding mine.

The truth—that queer, sexually truthful literature is seen as pornographic, and is systematically kept out of the hands of most Americans, gay and straight—has been replaced with a false story of a nonexistent integration and a fantasized equality. […] In my own experience, the [mainstream] equation of queer literature with pornography is undeniable. […] Of course, in gay time, “recent” quickly disappears because so many participants are dead, and others have been silenced. It’s hard to have collective memory when so many who were “there” are not “here” to say what happened. Once the recent past is remembered, then the Amazon “glitch” [in which LGBT titles were automatically removed from Amazon’s listings during a porn purge in 2008] becomes all too consistent. So, here is just one example, exhumed from memory.

In 1994, a coalition of feminists and right-wing politicians in Canada passed a tariff code called Butler that was designed to restrict pornographic production. Instead, it was applied in such a way that it allowed officials at Canada customs to systematically detain and destroy gay and lesbian materials at the border. A gay bookstore in Vancouver, Little Sisters, had so much of its product seized that it could no longer operate. As a result, Little Sisters decided to sue the Canadian government.

My friend John Preston had just died of AIDS. He was the author of some iconic leather and S/M novels, many with literary bent. His novel Mister Benson had been serialized in Drummer magazine, and created a subcultural phenomena. Men would wear T-shirts asking Mister Benson? Or asserting Mister Benson! While he had a less explicit series called Franny, the Queen of Provincetown, John was perhaps best known for his book I Once Had a Master. Since he was newly dead, I was asked by the Little Sisters legal team to come to Vancouver and testify on John’s behalf. And because I was very clear in my opposition to state repression of gay materials, I had no problem agreeing.

The Canadian courthouse was quite shocking to this New Yorker. No metal detectors, no armed guards at rapt attention in every corner. The building looked like a Marriott hotel, with lovely plants, comfortable seating, and a coffee bar. But do not be fooled, the Canadian government proved to be a vicious animal with a demure exterior.

Tensions were high in the courtroom the day I arrived. The trial had been going on for weeks and many writers had testified. Patrick Califia, who at the time had presented as female with the name Pat, had been on the witness stand the Friday before and had done so well that the Crown had refused to cross-examine him. Interestingly, “Pat”—who was known as a butch leather dyke—had taken the extreme step of wearing a brown corduroy dress, which impressed me. We were, after all, trying to win. I, and I assume many of the women testifying, had agonized over what to wear on the stand. The only nice dress I owned in 1994 was black velvet—kind of a parody of a dress, and something to be worn to the opera. Anyway, I wore pants. Becky Ross, a Canadian academic, testified before me. She wore a dress, but I think she always wore a dress. Anyway, the Crown had been pretty hard on her, asking her to define “fisting.”

John’s books were being persecuted on five counts. The questions I had to address were: Is it violent? Is it degrading? Is it dehumanizing? Does hit have literary merit? Is it socially redeeming? If I had had my way, I would have argued that even if the books were violent, degrading, et cetera, they still should be available. However, Canadian courts had already ruled on that question, so my only remaining strategy for protecting his books was to “prove” that Butler should not be applied to him. Not that the law was wrong.

So many years later, this is the conundrum gay writers faced with the Amazon exclusion. Mark Doty, Larry Kramer, and many other principled gay writers noted online and in print that books like Giovanni’s Room and Oranges Are Not the Only Fruit were being falsely labeled as pornography. Once again we were forced by a state or corporate apparatus to claim that our literature was different from that dirty stuff, instead of part and parcel with it. But it is the homosexuality that got the books marginalized in the first place. Not their sentence structure.

[…]

The actual testifying did not go that well. Once I got on the witness stand, the Crown claimed that I was not qualified to be an expert on “harm.” I said that as someone who has experienced “harm” for being a lesbian, and especially for being a lesbian writer, I was quite expert on the matter. I argued that “homophobia is a social pathology that causes violence and destroys families.” I said that gay and lesbian books are a mitigating force against homophobia and therefore are socially beneficial and the opposite of “harm.” The Crown claimed that I was not qualified to make this statement because I am not a sociologist. They won, and I was forbidden from addressing that issue in court.

This was the first indication I had of our judge’s conceptual limits. As we moved along, I came to learn that Milord did not know what “deconstruction” meant. And later he revealed a puzzlement over the meaning of the word “enema.” Oh no, I thought. If he has never heard of enemas or deconstruction, we are doomed.

The Crown read out loud a passage from one of John’s books describing nipple torture. It was a bit surreal. Then he asked me if this was “degrading or dehumanizing.” I did my best.

Through the rest of the trial the government repeatedly made clear their view about any gay sex. They had seized a lesbian anthology called Bushfire because it included the line “she held me tightly like a rope,” which they said was “bondage.” They had also seized a book called Stroke, which was about boating.

In the end, after many more years and courts and dollars, Little Sister lost their case. The judge ruled that Canada customs officials had, and still have, the right to decide which materials are not suitable to come into the country. Interestingly, they quickly ratified gay marriage, while continuing to retain the right to insure that no married gay man will ever go looking for Mister Benson.

Those two days in court made it crystal clear to me that in the minds of many people, homosexuality is inherently pornographic. And there is nothing that has occurred in the subsequent three presidential terms that has created any other kind of context. The best proof is in our contemporary placement and treatment of sexually truthful gay literature. That John Preston was invited to give a keynote address at Outwrite, the now defunct lesbian and gay writer’s conference, was a sign of the prominent and central role of sexually explicit content in gay literature when it was controlled by the community. Now that gay presses and bookstores have been gentrified out of existence, first by chain stores like Barnes and Nobles, which are now being outsold by Amazon.com, gay literature is at the mercy of the mainstream. […] This puts gentrified queer people in a terrible bind: we can dissociate ourselves from the full continuum of queer literature, that is, from queer sexuality, thereby falsely describing our literature as “quality” if its sexual content is acceptable to straights. But that is a kind of implicit agreement that we only become deserving of rights when presenting as somewhere between furtive and monogamous.
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