Viola Desmond and the Fight Against Segregation (1946)

One of the most well-known cases of racial discrimination in Canada involved Viola Desmond, a Black businesswoman and civil rights advocate.

The Incident at Roseland Theatre

On November 8, 1946, Desmond was traveling for business when her car broke down in New Glasgow, Nova Scotia. While waiting for repairs, she decided to watch a movie at the Roseland Theatre. Unaware of its segregation policy, she purchased a ticket and sat on the main floor, which was unofficially reserved for white patrons.

When asked to move to the balcony, where Black customers were expected to sit, she refused. As a result, Desmond was forcibly removed, arrested, and jailed overnight.

The Court Case and Aftermath

Rather than being charged with violating segregation laws, Desmond was fined $26 on the grounds of tax evasion—arguing that she had not paid the one-cent difference in tax between balcony and main-floor seating. Though her appeal was unsuccessful, the case sparked national conversations about racial discrimination in Canada.

In 2010, Nova Scotia issued a posthumous pardon, acknowledging the injustice Desmond faced. Her legacy continues, and she became the first Canadian woman to appear alone on a banknote when she was featured on the $10 bill in 2018.

Impact: Desmond’s case exposed racial segregation in Canada and contributed to the eventual dismantling of segregation policies in Nova Scotia.

The Abolition of Slavery in Canada (1834)

Though often overshadowed by the United States’ history with slavery, Canada was once part of the transatlantic slave trade. Enslaved Black people were brought to British North America (now Canada) as early as the 1600s. However, growing abolitionist movements and legal challenges led to a shift toward freedom.

The Role of the 1793 Act to Limit Slavery

In 1793, Lieutenant Governor John Graves Simcoe passed the Act to Limit Slavery in Upper Canada, which prohibited the importation of new enslaved people into the province. However, it did not free those already enslaved. This made Upper Canada the first British territory to take legislative action against slavery, setting the stage for future abolition.

The Slavery Abolition Act of 1833

A significant breakthrough came when the Slavery Abolition Act was passed by the British Parliament in 1833, officially ending slavery in Canada and across the British Empire in 1834. This law granted freedom to all enslaved individuals and marked a turning point in Canada’s history, making it a safe haven for those escaping slavery through the Underground Railroad.

Impact: The abolition of slavery was a critical moment that helped shape Canada’s identity as a nation valuing freedom and human rights. It also laid the foundation for future legal battles against racial discrimination.

The Case of Albertan Black Homesteaders and Housing Discrimination (1950s-1960s)

Despite the abolition of slavery, Black Canadians continued to face systemic racism, including housing discrimination. In the mid-20th century, Black homesteaders in Alberta fought for legal recognition and equal housing rights.

Racially Restrictive Covenants in Property Law

During the 1950s, Black families seeking to buy homes in Alberta faced racial covenants—clauses in property deeds that prohibited non-white individuals from purchasing certain homes or land.

One of the most famous cases was that of Ted King, a civil rights activist from Alberta. Along with other Black Canadians, he fought against these discriminatory housing practices. Their efforts contributed to the landmark 1960 Canadian Bill of Rights, which formally recognized equality before the law.

The Fair Accommodation Practices Act (1959) and The Fair Employment Practices Act (1955)

Legal victories during this period led to the introduction of The Fair Accommodation Practices Act (1959) and The Fair Employment Practices Act (1955) in provinces like Ontario and Alberta, making it illegal to discriminate based on race in housing and employment.

Impact: These legal battles helped lay the groundwork for future human rights legislation in Canada, ultimately leading to the adoption of the Canadian Human Rights Act (1977) and provincial human rights codes that prohibit racial discrimination.

Conclusion

From Viola Desmond’s courageous stand against segregation to the abolition of slavery and the fight for equal housing rights, these legal milestones demonstrate the resilience and determination of Black Canadians in shaping the nation’s justice system. While progress has been made, these cases serve as a reminder of the ongoing need for advocacy, awareness, and legal reform in the pursuit of true equality.

Sources:

https://www.britannica.com/biography/Viola-Desmond/Trial

https://humanrights.ca/story/story-black-slavery-canadian-history

https://www.thecanadianencyclopedia.ca/en/article/slavery-abolition-act-1833

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FREEDIN & ROWELL, LLP and Hoffer Adler LLP are thrilled to announce a strategic merger that will fortify their position as a leading legal powerhouse. The entity will continue to operate under the FREEDIN & ROWELL LLP name, marking the beginning of an exciting new chapter for both firms.

This merger represents a significant increase in presence for FREEDIN & ROWELL LLP, extending its reach into downtown Toronto and incorporating Hoffer Adler LLP’s esteemed team. Known for their expertise in franchise law, intellectual property (IP), and commercial and civil litigation, Hoffer Adler has earned a stellar reputation as one of Canada’s premier boutique law firms, particularly noted for its adept representation of franchisors, franchisees, and franchise associations, and for the internationally recognized leadership and expertise of its senior franchise, IP and litigation lawyers.

Joseph Adler, Founding Partner of Hoffer Adler LLP, expressed enthusiasm about the merger: “We are excited to join forces with FREEDIN & ROWELL LLP. This merger represents a strategic expansion that will enable us to offer an even broader range of legal expertise and better serve our clients. The synergy between our firms will create enhanced value for both our clients and our team.”

FREEDIN & ROWELL LLP has been a cornerstone of Canadian legal practice since its establishment in 1979. With a strong presence in Toronto and Burlington, FREEDIN & ROWELL LLP delivers a comprehensive suite of legal services in the business space, underscoring its commitment to excellence and client service.

Amy Delisle, Managing Partner at FREEDIN & ROWELL LLP, highlighted the shared vision of the new group: “Our firms share common values, and this alignment will undoubtedly enhance the services we provide and the experiences of our clients. We eagerly anticipate the opportunities presented by our expanded presence in the Toronto market and are excited to continue delivering exceptional legal support.”

The merger will significantly augment FREEDIN & ROWELL LLP’s capabilities, particularly in franchise law, IP law and commercial and civil litigation, and will position the firm as one of the largest business practices in the Greater Toronto Area. The combined expertise of FREEDIN & ROWELL LLP and Hoffer Adler LLP will provide unparalleled legal support, leveraging the strengths of both firms to serve their clients with exceptional proficiency.

Post-merger, the firm will boast a robust team of over 45 lawyers across three strategically located offices in Toronto, Burlington, and downtown Toronto.

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In 1897, Clara Brett Martin broke stereotypes by becoming Canada’s first woman lawyer, paving the way for future generations of women in law. Since then, women have continued to make significant strides. In 1943, Helen Kinnear became the first woman appointed as a judge by the federal government, setting a precedent for gender diversity in the judiciary.

1954 marked another milestone with Violet King Henry’s calling to the bar, making her Canada’s first black female lawyer. Her achievement emphasized the importance of diversity and inclusion within the legal profession.

The quest for gender equality within the judiciary reached new heights in 1971 when Mabel Von Camp was appointed to the Supreme Court of Ontario, championing women’s representation in leadership roles.

In 1977, Marion Ironquill Meadmore made history as the first Indigenous woman lawyer in Canada, highlighting the significance of Indigenous voices within the legal sphere.

The dawn of the new millennium brought another historic moment with Beverley McLachlin’s appointment as the first female Chief Justice of the Supreme Court of Canada in 2000. McLachlin’s tenure was characterized by a commitment to justice, fairness, and gender equality, inspiring countless women to pursue careers in law.

As we reflect on the achievements of these remarkable women, let us reaffirm our commitment to building a more just and equitable society for all. Their legacy is a symbol of hope and inspiration, reminding us that progress is possible when we stand together.

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Early Pioneers:

The journey of Black lawyers and judges in Canada dates to the 19th century. Delving into history, we find Robert Sutherland, a Jamaican-born lawyer who became the first black person to earn a law degree in Canada in 1852. Despite facing racial prejudice, Sutherland’s achievements paved the way for future generations.

20th Century Strides:

The 20th century witnessed a gradual increase in the number of black lawyers and judges. In 1954, Lincoln Alexander broke new ground as the first black Canadian to practice law in Ontario. Alexander’s exceptional career continued with his appointment as the first black Member of Parliament in 1968, further shattering racial barriers.

Violet Pauline King Henry also achieved several groundbreaking milestones throughout her career. She holds the distinction of being the first black individual to complete law school and be admitted to the bar in Alberta. Additionally, she made history as the first Black woman to practice law in Canada. On June 2, 1954, she was officially called to the bar, a momentous occasion that garnered widespread attention and headlines.

Legal Advocacy and Social Change:

Jean Augustine, a trailblazing figure in Canadian legal history, played a pivotal role in shaping the legal field. Serving as the Member of Parliament for Etobicoke-Lakeshore, she made significant contributions to legislative initiatives promoting equity and inclusivity. Jean Augustine was a driving force behind the motion that officially recognized February as Black History Month in Canada.

In 2012, Justice Tulloch was appointed to the Ontario Court of Appeal and has demonstrated a commitment to justice, fairness, and inclusivity throughout his career. Justice Tulloch’s contributions extend beyond the courtroom, as he has actively engaged in addressing issues related to racial profiling and police oversight. His groundbreaking work and advocacy for transparency and accountability within law enforcement have marked him as an influential voice in the ongoing conversation about equity and justice in Canada.

The timeline of black lawyers, judges, and legal professionals in Canada is a story of triumph over adversity. From the early advocates who paved the way to the contemporary icons reshaping the legal landscape, their contributions have been instrumental in building a more inclusive and equitable legal system. As Canada moves forward, it is important to celebrate and amplify these stories as they continue to inspire future generations.

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