A significant number of Americans who were loyal to Britain and despised the American Revolution moved to Canada during and in the decades after the Revolutionary War. And as the number of English Canadians steadily increased along the Great Lakes and west of the Ottawa River, [Sir Guy] Carleton created what became the province of Ontario, Upper Canada, in 1791. The first lieutenant governor, John Graves Simcoe, devised and implemented an ambitious program of enticing Americans to Canada by effectively giving them rich farmland. The population of English Canada rose swiftly toward parity with the French. In 1792, Simcoe took it upon himself to abolish slavery in Upper Canada, 42 years before this was done in the British Empire, and 71 years before the United States. It was an admirable and pioneering endeavour in the principal area of civil rights controversy in North America in the coming century.
Unfortunately, as the Revolutionary and Napoleonic wars unfolded, the British could not resist the temptation to employ their mastery of the high seas to impose blockades and harass the shipping of neutral powers. The young United States did not have the military force to deter such treatment, and in 1812 those countries went to war. Canada was the blameless focal point of most of the fighting. Canada with the continuing solidarity of the French-Canadians, was able to mount a very solid defense. The many thousands of recently arrived Americans did not support the United States and the generous policy of enticing settlement from the United States was completely vindicated. There were pressures to expel them, monitor them, disqualify them from holding local offices and positions. But it was soon agreed that they could become citizens after eight years of residency. This affected about 40 percent of English-Canadians and this must count as another very successful chapter in Canada’s early record of respect for civil and human rights.
As reasonably successful wars do, considerable national sentiment was created and encouraged by the successful joint struggle to avoid American occupation. Out of these experiences came increased ambitions for democratic self-rule in domestic matters as the British and Americans enjoyed, instead of autocratic rule by British governors. Canada’s position was complicated by the fact that it could not agitate for home rule too energetically or the British would lose patience and sell Canada to the United States for cash or other territory or for a comprehensive alliance. Outright rebellion was not an option for Canada as it had been for the Americans, as the United States would seize Canada if it were not under British protection.
The Canadian solution for agitating but not completely exasperating Great Britain was the Gilbert and Sullivan rebellions of 1837 led by William Lyon Mackenzie in Ontario and Louis-Joseph Papineau in Québec. The Ontario uprising was just a rowdy group of malcontents who became disorderly and were easily chased off, and the French-Canadian group were essentially pamphleteers, though there were some exchanges of fire and small rebel and military units marched to and fro in poor winter weather. A total of about 300 people died, there were 14 executions and 92 people were transported as prisoners to Australia. The rebel leaders fled but were eventually pardoned and returned.
There was enough commotion to get Britain’s attention, but the loyalty of most of the population gratified the British, and they determined to put things right. London sent the well-known reformer Lord Durham to Canada in 1840 to make recommendations. After a year of research by a couple of biased examiners, Durham came to the insane conclusion that the source of Canadian discontent was that the French-Canadians wanted to be relieved of the intolerable burden of being French. Durham proposed uniting Upper and Lower Canada and assumed that the slight resulting English majority would assimilate the French in about 10 years. Of course, this was precisely what the French feared, and the English-Canadians had no desire for it either. But after several years of rearguard action by British governors, the movement for autonomous government succeeded, after the 25-year-old Queen Victoria sent Lord Elgin to Canada as governor to give the Canadians what they wanted. Elgin and Robert Baldwin and Louis-Hippolyte LaFontaine achieved this and secularized a great deal of territory owned by the principal churches so that they could be more easily settled and made the principal universities officially nondenominational. These were again great and non-violent steps in the civil rights of Canadians who now numbered over two million people.
All of North America was now walking on eggshells over the immense problem of American slavery. Slavery was abolished throughout the British Empire in 1834. In practice, there had not ever been more than a couple of hundred slaves in Canada, apart from the natives enslaving each other. Slaves had been imported to the southern states because of their efficiency at harvesting tropical crops such as cotton, so Canada was effectively spared that horrible institution, because of its climate more than its virtue. Canada consistently had a fine record in accepting about 40,000 fugitive slaves that reached the Canadian border in the thirty years before the U.S. Civil War. The leading American anti-slavery advocates Harriet Tubman and John Brown, and Josiah Henson, the model for the chief character in Harriet Beecher Stowe’s novel Uncle Tom’s Cabin, which sold an unheard-of two million copies in the 1850s, all lived in Canada for years. There were at least 11 black Canadian doctors who were fugitive slaves or sons of fugitive slaves who served in the Union Army in the Civil War, and the white Canadian anti-slavery activist, Dr. Alexander Ross, at the request of President Lincoln, assisted in breaking up a Confederate spy ring in Montréal. Escaped slave Joseph Taper, of St. Catharine’s, wrote this letter back to his former and still putative owner in 1839: “I now take this opportunity to inform you that I’m in a land of liberty, in good health … In the Queen’s dominions, man is as God intended he should be; all are born free and equal, not like the southern laws, which put man on a level with brutes. All the coloured population is supplied with schools. My boy Edward, who will be six years next January, is now reading and I intend keeping him at school until he becomes a good scholar. My wife and self are sitting by a good comfortable fire, happy, knowing that there are none to molest us or make us afraid. God save Queen Victoria.”
As many as 40,000 Canadian volunteers served in the Union Army in the Civil War and Canada was thanked on several occasions by President Lincoln for infiltrating Confederate exile organizations. This was an issue in which all Canadians were united and is a legitimate matter of national pride.
The next major civil rights challenge that Canada had to face was that of the Métis — the mixed white and indigenous people on the Great Plains of Canada. The territory of the natives had been steadily reduced by white settlement and the nutritious content of their diet had been reduced by the heavy depletion of the herds of plains Buffalo. There were also many other grievances and undoubtedly a number of violations of the Indian treaties and of the Indian Act and a flamboyant Metis lawyer, Louis Riel, led an uprising on the western plains in 1878. This was eventually suppressed with little violence, as Prime Minister John A. Macdonald dispatched an adequate military force under Field Marshal Garnet Wolseley, Gilbert and Sullivan’s “very model of the modern major general”. Riel fled to the U.S. and the Canadian government made a number of useful concessions to the aggrieved natives. But in 1885, Riel returned and led a rebellion in northwest Saskatchewan. At the same time, the Canadian Pacific Railway ran out of money and was about to flounder into bankruptcy. Macdonald brilliantly sent Canadian forces West on the railway and they surprised and defeated the insurgents and captured Riel. By emphasizing the railway’s role in saving the country (as Riel was making both annexationist and secessionist noises), Macdonald won passage of a bill to finance completion of the railway. Macdonald also gave the natives the right to vote and rewarded his allies among the native leaders. However, he created a lasting grievance by allowing the execution of Riel. Although 15 people died in the uprising, he should have commuted the sentence for insanity — Louis Riel was delusional.
Conrad Black, “Canada’s excellent history of civil and human rights”, New English Review, 2022-08-18.
