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Bounded justice: gender, space and the law in early twentieth century Vancouver Boyer, Laura Kate 1994

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BOUNDED JUSTICE:GENDER, SPACE AND THE LAW INEARLY TWENTIETH CENTURY VANCOUVERbyLAURA KATE BOYERB.A., Macalester College, 1991A THESIS SUBMITTED IN PARTIAL FULFILMENT OFTHE REQUIREMENTS FOR THE DEGREE OFMASTER OF ARTSinTHE FACULTY OF GRADUATE STUDIES(Department of Geography)We accept this thesis as conformingto the required standardTHE UNIVERSITY OF BRITISH COLUT4BIADecember 1993Laura Kate Boyer, 1993In presenting this thesis in partial fulfilment of the requirements for an advanceddegree at the University of British Columbia, I agree that the Library shall make itfreely available for reference and study. I further agree that permission for extensivecopying of this thesis for scholarly purposes may be granted by the head of mydepartment or by his or her representatives, It is understood that copying orpublication of this thesis for financial gain shall not be allowed without my writtenpermission.(Signature)__________________________Department ofD&j.j4f’fj14The University of British ColumbiaVancouver, CanadaDate____________DE-6 (2/88):iiABSTRACTThis thesis represents a selective consideration of therelationships between gender, space and the law in earlytwentieth century Vancouver, based largely on the cases ofsexual violence against women heard before the B.C. SupremeCourt in the years between 1915 and 1925. Within theseparameters, constructions of space and gender are addressed atthree levels. Part one considers how both women and men weresituated within early twentieth century legal discourse in thecontext of trials for sexual violence. Part two suggests howgendered understandings of urban space in early urbanVancouver were produced and reinforced within, and beyond,legal discourse. Finally, part three situates these processeswithin a wider context of statemaking in early twentiethcentury British Columbia. It is argued that legal processeswere one mechanism by which space in fledgling Vancouver wascoded in gendered and sexualized terms, and further, thatthese social meanings of space were fundamentally bound upwith prevailing conceptions of race and class.iiiTABLE OF CONTENTSAbstract iiTable of Contents iiiList of Figures VList of Maps viAcknowledgements ViiINTRODUCTION 1CHAPTER ONE: Courtroom Treachery 19I. Verbal Testimony 20a) Situating Women Witnesses in Legal 20Discourseb) Qualifying Women Witnesses’ Testimony 23c) Verbal Testimony and Social Positionality 27II. Physical Evidence 36a) Witnessing Bodies 36b) Court as a Space of Spectacle 39CHAPTER TWO: Wickedly, Unlawfully And Against 44the Order of Nature: Male Homosexuality andPost-Victorian Moral WrathI. The Invention/Discovery of Homosexuality 47II. Bad Habits 48III. South Asians and the Prosecution of Male 54Homosexuality in the Lower MainlandCHAPTER THREE: Boundarylaying in Fledgling Vancouver: 70What’s a Girl Like You Doing in a Place Like This?I. The Street as a Space of Danger 71II. Public Space and Fallen Womanhood 79III. Constructions of Fallen Womanhood in Court 84CHAPTER FOUR: Home and Constructions of Femininity 96in Early Twentieth Century VancouverI. An Act for the Protection of Women and Girls 97II. Home As a Wellspring of Womanly Virtue 104III. Constructions of Home in Case Law 118a) Domestic Space and Social Surveillance 123IV. Shifting Boundaries, Changing Meanings 128ivCHAPTER FIVE: Gender Regulation and Statemaking 135in British ColunbiaI. Rousing Their Better Selves: Reform School 136and Canadian Nationalisma) Daily Routine Within Boys and Girls 139Industrial Schools-Boys 140-Girls 141II. The Calling: Home, War & Empire 146a) Women’s Institutes: A Million Jars of Jam 149b) Immigration Practices And Gender Ideologies 155CONCLUSION 161BIBLIOGRAPHY 166APPENDIX 177bi.<‘-ii<Z<-J0JH-)H-(DJPJ00w)cjIQ.lQCDUCD(D(L’JCDCD(DCDCDCDnOCDCrCDIDCDCD0)0CDH7SHPiP0oHCrHH-UF-1I—hU,0)H-W><oQHoIi(D•HI—..I1H-.ZCi)H-0(Dc?HI—IJ0H-Cf)U1F-IH-CtQrtc-t0(0i1CDC)(DPIH-0)QH-CDH-I-UQCtPlc?Cl)Cr0)P)j’0)HCDCDrtCnCFDW001C)H-tO[-hH-iWH-OCDU’QC)oPH-iIQ00Ph(D0)(DOW‘-<Co0(IiCOCDHCDHCl)CF0CFHF-HH-C)CDPiP)CDCDWCDI-PCDU’CFCi)CF-0(D<H-CDH-Ct0)MoC)H-CFI-CDP000Cl)HCDSSCt0Cl)O0Cl)0Cl)I-hCFCDLxiCtP1H-P0)05CDCt1—0CI)CDS1H-COH0—CFCl-H-H-Fj0HCDCF‘-.0CDHCFCO3Cr I-OCDHCD0k<(I)-0CtCD0)HHH‘-.0 0•U,;u’-cJcJJ‘tin)‘dPJCuJIQtJ(-Q‘•ijlQcDrlj(DL’JCDLiCDiHtiptjpHQH]F-1JH-<H><ccrt•.I—II-fI-IH”o 0(1)P)CD0H-00op)0HjCDCDH-H-CC)1:-IHI-hCDoi1:1 HCDt1ci0rtH-(1) CD0oIzj0cuIIHHCDOCDijHCfl HCD‘0 HH0iOHCDIITII (I) H- N CDviiACKNOWLEDGEMENTSFor their comments, support and assistance in the courseof writing, I thank Cole Harris, Gerry Pratt and particularlymy supervisor, Dan Hiebert. I would also like to extend mythanks and gratitude to a number of people here in Vancouverand elsewhere: my parents, Anna Skeels, Averill GroeneveldMeijer, Natalie Jamieson, Matt Little, and especially DavidDemeritt, for their support and friendship throughout thecourse of this project.1INTRODUCTIONGender relations and soclo-spatial practices arerepresented, mediated, and legitimated, in part, through thelaw. Though notions about gender, sexuality, and“appropriate” uses of space are not wholly produced by thelaw, neither are they simply replicated unaltered by itsworkings; rather, this assemblage of courts, lawyers,government officials and others codify, reinterpret and act onthe notions that they seek to mediate. These processes, asviewed through texts such as case files, depositions, andcross-examinations, offer important information about how andby whom space is to be used. As such, legal documents can beused to illuminate some of the ways social space comes to havegendered and sexualized meanings.Through an examination of trial transcripts from cases ofsexual violence heard between 1915 and 1925, this thesis seeksto explore the relations between gender, sexuality, space andthe law in the context of early twentieth century Vancouver.I argue that the legal process was one mechanism through whichspace in fledgling Vancouver was coded in gendered andsexualized terms. I further hope to show how social meaningsof space in early twentieth century Vancouver were alsofundamentally bound up with prevailing conceptions of race and2class. These strands cut across and through sexual and genderones, sometimes reinforcing, sometimes unravelling, to producea complex tapestry of social relations.The interrelations I discuss between gender, sexuality,space and the law emerged at a time of rapid growth andcomplex change in Vancouver. The population grew from under30,000 in 1901 to over 245,000 in 1931.’ As now, earlytwentieth century Vancouver was a racially segmented placewith significant Japanese, Chinese, Native, and South Asiancommunities, but Whites and the assumptions of an Englishmiddle class dominated the city in many ways.2 The socialcomposition of Vancouver shifted from that of a male-dominatedresource town to a more even ratio between the sexes, butrestrictive immigration laws helped maintain the historicimbalance between men and women in Chinese and South AsianCommunities.Along the way I will use, and try to unpack, such (non)categories as ‘women’ and ‘the law’, but before doing so, Iwish to say a few words about each. In light of the extremediversity of peoples and social worlds in early twentieth1 Seventh Census of Canada (Ottawa, Ont., 1931), Al v:2,p. 160.2 Graeme Wynn, “The Rise of Vancouver” in Vancouver and ItsRegion (Vancouver, 1992), pp.69-i45.3century British Columbia, we would do well to start with,though not necessarily finish with unaltered, Denise Riley’scautionary remarks regarding the use of “women” as anundifferentiated, coherent signifier. Meanings attached tothe concept of ‘women’ have crystallized differently indifferent times and places. Because “‘women’ is historically,discursively constructed, and always relatively to othercategories which themselves change”, Riley stresses the needto accept, and draw on, the fundamental instability of thisnotion.3I have spoken rather loosely thus far of “the law” as adiscrete entity, but this is not really the sense in which Iwish to use it. Canadian jurisprudence at this time was basedon, and reproduced, English Common Law, which was itselffounded on distinctively Western approaches towardepistemology and ontology. In particular the legal process inearly twentieth century British Columbia was driven by severalassumptions: a) there are facts, which are different fromvalues; b) to achieve “justice” these facts must be madeknown; and c) objective (i.e. value-free) interpretation ofthe facts is the basis of justice. As legal scholar CatherineMacKinnon has argued, this epistemological structure typicallyDenise Riley, Am I That Name? Feminism and the Categoryof ‘Women’ in History (Basingstoke, Hampshire, 1988), p.1.4works to the disadvantage of rape survivors, because the courtcannot accept more than one interpretation of events.4The notion of discourse is used here as a way toconceptualize the negotiation over what will be accepted astruth in the space of early twentieth century courts. I usediscourse in the Foucauldian sense, to stand for a system ofpossibility for knowledge, governed by rules which permit andorder certain statements and practices.5 Ostensiblyreflecting Enlightenment ideals of rationality andobjectivity, legal discourse can be thought to operate inaccordance with a particular set of rules governing legitimatespeech and the construction of legal facts. These rules,articulated through documents such as criminal codes, as wellas through the demands of legal tradition and courtroomprotocol, determine how (or if) the lawyers, judges, juriesand constables who engage with this discourse categorizesocial practice and define criminals and criminality.Finally, I would hazard against inadvertently“ Catherine MacKinnon, “Feminism, Marxism, Method, and theState: Toward Feminist Jurisprudence,” Feminist Legal Theory:Readings in Law and Gender Ed. Katharine T. Bartlett & RosanneKennedy (Boulder, CO, 1990), pp. 181-200.Mark Philp, “Michel Foucault,” The Return of Grand Theoryin the Human Sciences Ed. Quentin Skinner (Cambridge, UK, 1985),pp. 65-81. cf p.595dichotomizing these slippery concepts. My work focuses on therelations of space, sexuality and gender in early twentiethcentury Vancouver based primarily (though not exclusively) onlegal texts that describe cases of violence against women.Note, however, that neither “the law” nor “women” can bethought of as mutually exclusive categories. Though nearlyso, the practice of law at this time was not an entirely maleendeavour. Women across Canada had begun to practice law inthe late 1890’s, while in Vancouver, a very few women servedon the police force, and even as police court judges, as earlyas 1916.6 Likewise, as I will explore further in chapter two,not all cases of sexual violence were prosecuted on behalf ofviolated women. My point here is to warn against a renderingof law simply in terms of gender, or a rendering of genderthrough transparent legal texts.In my discussion of gender and place in early urbanVancouver I will at times enlist somewhat problematic notionsof “public” and “private” space. The Victorian ideal of‘separate spheres’, whereby women remained in the home tendingchildren and doing housework while men engaged in publicdebate and wage labour outside the home, is the quintessential6 Constance Backhouse, Petticoats and Preiudice: Womenand the Law in Nineteenth Century Canada (Toronto, Ont, 1991),pp. 293-326. Vancouver City Archives, case transcripts 1903-1923, 37 (D) 3.6expression of this public/private dichotomy, the legacy ofwhich remains with us today. This dualism, like its closecousins nature/culture, male/female, and mind/body which alsomark Western thought, rationalizes and orders the social worldboth in theory and on the ground.7 As recent feministscholarship has shown, such dichotomies mask the complexitiesof social relations. In this paper, I emphasize two pointsabout the use of public and private as concepts forunderstanding Western society.First, I acknowledge the great utility of this frameworkof public and private domains in feminist struggles tohighlight patriarchy. For instance, the study of unpaiddomestic labour in the home, and the relations between suchlabour and wage labour outside the home, has blossomed as aresult of conceptualizing the public as separate from, yetdependant on the domestic.8 Similarly, the struggle forwomen’s sufferage, the keystone of first-wave feminism in theOne of the first feminist scholars to critique the‘public’ sphere as male space in contrast to the ‘private’sphere of the home as both feminized and isolated is KateMillett, Sexual Politics (New York, 1970)8 See, for example: “Ground rules and social maps forwomen: an introduction” in Women and Space: Ground Rules andSocial Maps Ed. Shirley Ardener (London, 1981), pp.11-34.;Isabel Dyck, “Integrating home and wage workplace: women’s dailylives in a Canadian suburb,” Canadian Geographer 33 (1989)pp.329-41.; Daphne Spain, Gendered Spaces (Chapel Hill, NC,1992) and Gillian Rose, Feminism and Geography (Minnesota, 1993)pp.17-40.71920’s, can be seen as an effort to alter the bounds of thepublic sphere so as to include women as citizens whose rightsin the liberal democracies of the West are equal to those ofmen.The assumptions of equality and freedom built intoWestern notions of citizenship and the public sphere remain asubject of continued feminist scrutiny and critique.Feminists Nancy Fraser, Iris Marion Young, Carole Pateman andSallie Marston, among others, have all voiced concerns overthe exclusions and silences built into liberal democracies onthe question of how public spheres are constituted.9Likewise, beliefs in the privacy and integrity of one’s bodyand individual subjectivity have underwritten a number ofother feminist struggles. The abortion debate, for instance,turns centrally on these ideas, for what is the right tochoose what happens within one’s own body if not a summarialdeclaration of where private space begins? As feminist CarolNancy Fraser, “Rethinking the Public Sphere: Acontribution to the Critique of Actually Existing Democracy,”Social Text 25/26 (1990): pp. 56-80.; Sallie Marston, “Who are‘the People’? Gender, Citizenship and the Making of the AmericanPeople,” Environment and Planning D; Society and Space 8 (1990)pp. 449-458.; Carol Pateman, “Feminist Critiques of thePublic/Private Dichotomy” The Disorder of Women (Stanford, CA,1989), pp.118-140. For seminal texts on these questions seeJurgen Habermas, The Structural Transformation of the PublicSphere: An Inciuiry into a Category of Bourgeois Society(Cambridge, Mass, 1989). (published in German in 1962) & RichardSennett, The Fall of Public Man (New York, 1974).8Pateman has observed: “the dichotomy between the private andthe public is central to almost two centuries of feministstruggle; it is, ultimately, what the feminist movement is allabout” • 10Second, I would like to emphasize that the public/privatedualism, like “Women” and “the law” is socially constructedand historically specific. In turn, the boundaries aroundeach of these categories are themselves unstable. Thedichotomy of ‘public’ and ‘private’ carries particularsalience within the liberal democracies of the West, where itunderwrites beliefs in privacy, individual rights, and valuesof citizenship and equality, though nowhere have these idealsbeen universally or easily extended. Even middle-class, Whitewomen, to invoke just one example, had to struggle beforegaining voting rights or legal personhood. Despite thehistorical specificity of the public/private dualism, theseideas have structured a “universal History” of the world interms of the extension of individual rights or their denial,the recognition of free speech in the public sphere or itsrepression, and the development of a private sphere of theindividual subject free from public scrutiny; or its lack. Inearly twentieth century British Columbia, where diverse10 Carole Pateman, “Feminist Critiques of thePublic/Private Dichotomy” The Disorder of Women:Democracy,Feminism and Political Theory (Stanford, CA, 1989), pp.118.9peoples not sharing the ideals of this public and privatedualism were brought together, the historical specificity ofthese notions, and the power exercised by the assumptions oftheir universality, become clear. These values did not carrythe same resonance among Native peoples, or South Asians,Chinese and Japanese immigrants to Canada, who organized theirsocial lives in very different ways.I hope to have suggested how notions of public andprivate have been encoded in feminist struggles, whilesimultaneously being bound up with, and contingent on, liberalthought in the West. Because the story of public and privatetends to universalize, it is critical to remember theculturally specific contexts of which it is an artifact. Thiswork represents, in part, an effort to interpret the processesby which concepts of public and private spaces wereconstructed within the context of early twentieth centuryBritish Columbia, a time of great social change, in whichrapid population growth brought together a diverse assemblageof cultures and peoples.Beyond these wider theoretical aims, I am also concernedin this thesis to contest the systematic silence, both in lawand in North American society at large, that has confrontedsurvivors of rape and other forms of violence against women.10In British Columbia, violence against women has received scantattention both in the legal system, and in mainstreamhistories of the province. Violence against women has beensilenced in our society for a myriad of reasons, prominentamong them the failure, until quite recently, to recognizespousal sexual assault as rape, and the stigmatization (orfear thereof) that has been associated with laying thischarge. Despite the many small cracks made in this wall ofsilence over the past 20-25 years through increased mediaattention, the creation (though not necessarily funding) ofshelters for battered women, and changes in rape and rape-shield laws, the problem of sexual violence remains hard bothto address and document.”Scholarship on violence against women and domestic abusehas been building for the better part of fifteen years. Inthe U.S. Linda Gordon’s Heros of Their Own Lives: The Politicsand History of Family Violence and Elizabeth Pleck’s DomesticTyranny have both addressed the history of domestic violence,while geographer Gill Valentine has addressed the question of“ Further, within a society that understands sexualviolence as entertainment, the increase in media attention tothese issues in recent years demands critical investigation.1Q0 Ht5H-H-C) CD 0)0rt0‘tiU)CDr’()H-CDCDCDC)-F-IC)U)H-‘DHU)I-.CD-CDtUbJ0U).ortHH-oo;u)cDrt—CD5) H-H-ZC) CDUc-i-rCDoC)CT)QCDIoH-U) Cr) H-P)C)oCDCDP)CLc-FU)CDP)1-(j)p)QOLic-f‘-.0(I)Hi0Hcu.0CL0U)c-fJ((Dc-fCDi-iW0c-thc-t’z5HH-0CDH-,CLQCDc-(Djp)p)LDPUQ:i0cc>‘‘S’WH,H-CDH-(T)00U)00ip5)(DU)H-CDcoQL-’-.Ji-hCD—-.CDCDOF-ICDp)Fo0<H-U:Jj.oH-OCDc-”F-QiF-1c-<<0f—JCD0HI_A-.oHCDHLOjWc-w QCDW(DQHCDCjjoHfrhU)CD-HCD(DCL>4,-‘ CDI—’C)C)0H-CDCD<(I)c-tH-0H‘d0Qc1Q):)-J-F-H=CDc-tP)CDCDdC)cC)H-:;CD0CD1’-<CL$1C)H-H0)i-c)0CDHU)c-fHU)HCDI-U5)c-fp)U))cI)H-U)iC)•CDPJ0c-f CDCDH-HCLc-f‘-.0C)iPJMlU)5)0]H‘-<H--Hc-fPi<c-fHH-frh5)000CDc-t<HfSCDCDH-CDC)CDU)ZHC)>4c-f))CD0CD)H-l:3•U)5C)HCDHCDCLCDHU)HI-CDCDc-fc-fCD->4k<H-H0c-0P.’0ZJCDHP.’H0H-,c-fHH-CLH-P.’0CD0CDH-HU)U)CDHCDSP.’‘1dP.’C)()P.’0I—’CDHI—’•c-F(j)H-0CDH-C)iCDHh-IQ5iCDC)bC)H-i0CD<0H-Mhp.’c)0 5c-f0C)HH,0NH-CDHC)<oP)CDoU)I-:-ICDCDp.’U]U)U)tJc-fC)CDCD00c-FI-hCDCD CDP.’‘•dP.’IICQP.’0P.’H-Li.HiCDU)C)U)c-FCl-c-F000CDHCDH-I-iU)CDP.’QU)‘1 CDH-U)I-CDc-FCDI—’II—HH-C)P.’P.’c-F‘1U)CDCDCLc-FU)J_c-FC)CD0P.’HC)H-CDCD(I)IQ•c-fP.’0HH-c-f0C)CDC)P.’>4Hc-f5Cl)CDCL-0c-fC)P.’P.’ c-f5CLH-CD0I-hic-F U)II0c-fH-,U)CD<:C)IIH- 0 HP.’CD C) CDH ‘-4 H c-f H-U) C) 0 H S H P.’ U) C) 0 H P.’ ‘-4 U) H C) 0 C) CD ‘-4 H H- 0 H CD C) CDH ‘-.O c-f C) CD c-F ‘-4 C) p.’ P.’ CL P.’ P.’ CL P.’ ‘-4 CD H U) >5 U) H S ‘-4 0 CD ‘-4 CL P.’ C) CD U)wC)P.’P.’0C)iSp.’CD:D-CLi0H--TiP.’U)U)iCDI—h--.CDU)c-fp.’-‘-4I-ti0CDTi0c-fI-hc-f::3-H-TiC)S‘-400rjP.’0)P.’c-Fc-fU)H I-<U)P.’0P.’CLC)c-fCD‘dP.’ I-F-CDH-P.’TiiCL—c-FH-c-fC)C)CDCD0..CLc-fHECD0>4Sc-fCDc-f:-oP.’<c-tiCDjCLCDbCl)c-FCDCDCDCDU)C)U)P.’0TiiCDU)Cl)H-c-F P.’HCDp.’H12addressed in chapter four), no cases of wife batteringadvanced beyond this level. As elsewhere in North America atthis time, no cases of wife raping would have appeared inpolice record books, because it was legally impossible for aman to rape his wife.Sources do exist, however, documenting some cases ofsexual violence outside of marriage in early twentieth centuryBritish Columbia. Cases of sexual violence were heard at alllevels of the legal system throughout the late nineteenth andearly twentieth century, and some of the records of thesecases have been preserved in Provincial Archives. Thoughwomen and men certainly encountered criminal law in other,less dramatic ways than in cases of sexual violence, suchcases account for the majority of texts in which women actedas the principal witnesses. Further, these cases account forapproximately 15% of all cases heard before the Supreme courtin B.C. at this time.I have focused my research on the transcripts from casesof sexual violence heard in the Vancouver Assize of theBritish Columbia Supreme Court between 1915 and 1925.’ AtSuch cases were addressed by Criminal Law- the branchof legal discourse designed to address actions harmful toproperty and individual bodies. Assizes were the travellingSupreme Court, which made bi-yearly stops at twelve locations inBC at this time.13times I venture outside this data set, however, when a caseheard elsewhere in the Province offers a particularlyilluminating example of the process I want to discuss. Iexamined all criminal cases from this period which could bethought to regulate any aspect of sexuality. Though the casesof male homosexuality I looked at did not always, or evenusually, appear to involve non-consensual sex, homosexualacts were defined by legal discourse at this time as criminalbehaviour, thereby positioning homosexual sex as (notunproblematically) similar to rape. Given a definition thatincludes, then, activities such as sodomy and abortion, aswell as rape/carnal knowledge, seduction, incest, and indecentacts and assaults as defined by the Criminal Codes of Canada,I noted 66 cases for the Vancouver Assizes in that ten yeartime period, although rape cases far outnumber any other kindof case.’7 These cases form the backbone of data for thefollowing exploration. Where I have cited an individual case,all names have been changed from the original text.The stories I tell are drawn from cases summarized in‘ Early twentieth century British Columbia was governed bytwo kinds of legislation, produced by two levels of government.The parliament of the Dominion of Canada enacted Criminal andCivil Laws applicable everywhere in the Dominion. These werecatalogued in the registers of the Criminal Codes of Canada.Meanwhile, Acts (also called statutes) were passed by the B.C.legislative assembly, in order to address local situations.These applied only within the bounds of the province and werecatalogued in the Statutes of the Province of British Columbia.14Crown Briefs. Crown Briefs are written summaries of thearguments used by the Prosecution to build its case againstthe defendant before trial.’7 In a case of rape, forexample, Crown Briefs would include examinations and cross-examinations of witnesses (including the rape survivor), butnot of the accused party(s) 18 I do not address parallelcross-examinations of defendants in these cases because suchmaterial is the jurisdiction of the Defense Attorney, and istherefore not accessible to public purview. It is importantto emphasize the constraints of Crown Briefs as historicaldocuments. Rather than complete stories, their authors soughtto collect only information pertaining to the argument theywished to advance in the trial. The information contained inCrown Briefs is therefore quite limited, and they often giverise to questions whose answers lie maddeningly just beyondthe edge of the text.As with any events in the past, our access is notdirect, but rather mediated by the texts which have survivedto represent these events to us. To treat texts as windowsthrough which we can gain a thorough understanding of “the way‘ Crown Briefs also sometimes include correspondence fromthe witnesses and related statements.18 is important to note that only cross-examinationswhich in fact yielded credible accusations were brought totrial. Therefore only cases in which the defendant was chargedwere preserved in the Attorney General’s case files.15it was” is problematic at best. I am telling a story abouttexts, which are themselves telling stories about events inthe past.2° As James Clifford observes in The Predicament ofCulture, “The trial record--- which stenographicallypreserves, by a precise but not infallible technique, themeaningful, spoken sounds of the trial... [olmits gestures,hesitations, clothing, tone of voice, laughter, irony.. . thesometimes devastating silences. ,21My historical inquiry has been made possible by theavailability of important legal documents such as case files,depositions and transcripts of cross-examinations produced bylegal discourse, documents which were, at the time of thisstudy, freely available in public archives. These texts makevisible both the workings of legal discourse, and the legalobjects they recorded and brought into being. The voices inthe stories they tell, however, are constrained both by thestructural silences inscribed in the legal processes, as wellas the textual silences in the materials which survive torepresent them to us. I have organized the themes I willdiscuss into three sections. Part one, consisting of chaptersone and two, concerns the workings of the law. I begin with a20 James Clifford and George E. Marcus, Writing Culture:The Poetics and Politics of Ethnography (Berkeley, 1986).21 Ibid, p.290.16consideration of how truth claims were made and enframedwithin early twentieth century rape trials. Through aconsideration of the mechanics through which both verbaltestimony and physical evidence were used in such trials, Isuggest that while rape survivors words were subject tovarious kinds of invalidations within legal discourse, theirbodies were exhibited and interpreted by a clinical, yeterotic, male legal gaze.Chapter two approaches early twentieth century legaldiscourse through a critical reading of cases involving malehomosexuality, which was considered another form of sexualviolence at this time. Such cases, constituting 20% of allcases of sexual violence heard in the Vancouver Assize between1915 and 1925, offer important information on the constructionof sexuality and sexual norms, through the identification andpunishment of “deviance”. Having traced how malehomosexuality was defined as deviant within early twentiethcentury legal discourse, I examine the curiously highincidence of South Asians apprehended for this charge. Iargue that this location of sexual deviance within aparticular non-white ethnic group served to link sexualdeviance to a cultural Other.Part two, consisting of chapters three and four, suggests17a possible ‘geography of sexual violence’ by considering theoperations of the law, and the experiences of those whoselives it affected, in a wider context of early twentiethcentury Vancouver. In this section I argue that legaldiscourse produced and legitimated gendered understandings ofcertain spaces. Throughout a variety of documents from thisperiod, (legal texts prominent among them), an idealized“home” was lauded as a woman’s proper, moral place.Meanwhile, certain spaces in the city were made inaccessibleto some women, either through public disapproval or actuallegislation. After illustrating these twin phenomena, I willconsider a number of cases involving women who were raped inthese ‘male’ spaces (the Street, bootleg houses, parks atnight, etc.) and Suggest that women who broke these socially-mediated gender boundaries faced disapproval and censure fromlawyers, judges, juries and others.In the final section (chapter five) I briefly relate thethemes of gender, space and the law to statemaking andCanadian national identity in early twentieth century B.C.Many of the ways in which space was gendered, and in turnformalized by legal discourse that I explore in section two,resounded throughout wider social formations at this time.This section draws on materials from state institutions suchas Provincial reform schools, and quasi-state organizations18such as women’s institutes and the Vancouver YWCA. Fromthese texts I trace how notions of an idealized, feminizedhome, and idealized female who knew, and (presumably) stayedin, her place, were imbricated in larger discourses of Nationand Empire going on in British Columbia in the first quarterof this century.19CHAPTER ONE: COURTROOM TREACHERY‘Truth’ is to be understood as a system of orderedprocedures for the production, regulation,distribution, circulation and operation ofstatements. ‘Truth’ is linked in a circular relationwith systems of power which produce and sustain it,and to effects of power which it induces and whichextend it. A ‘regime’ of truth. ‘Rape trials are designed to produce truth about rape:whether a rape occurred, and whether the man accused is theguilty party.2 In this chapter I describe how truth claimswere made and ordered in rape trials in early twentiethcentury British Columbia, and what these processes meant forwomen trying to gain legal reparation for actions againstthem. Truth claims made in rape trials heard before theSupreme Court in Vancouver between 1915 and 1925 can be brokendown into two broad categories: verbal testimony and physicalevidence. Through the positioning of rape survivors aswitnesses in legal discourse, these forms of knowledge wereordered hierarchically, playing on an epistemic distinctionfavouring vision over hearing.1 Michel Foucault, Power/Knowledge, (New York, 1980) p.133.(Originally published London, 1972.).2 There are many important similarities between how womenand men were positioned as key witnesses in cases of rape andsodomy. However, I have reserved consideration of the processthrough which men were prosecuted for engaging in sexualactivities with other men for chapter two.20Although verbal testimony played an important role withinearly twentieth century rape trials, survivors’ words were notadmitted unquestioningly as legal facts, but rather weresubject to legal scrutiny and, potentially, dismissal if thewitness was not deemed credible by the adjudicators. Withinthis context, I argue that rape trials were yet moretreacherous for women situated “on the margins” of thepredominantly Anglo-Saxon society in early twentieth centuryBC. Women of colour, non-English speaking and non-Protestantwomen, for example, faced a double burden of proof in makingtheir voices heard in rape trials. Alternatively, I suggestthat because physical evidence was not subject to these samekinds of invalidations, it was more readily accepted as‘truth’ in legal discourse from this period. I make thesearguments not only because it is important to understand someof the mechanics of how knowledge about rape can be producedand positioned within courtroom struggles, but moreimportantly, because such a project allows one to ask howthese processes structured, and in many ways constricted thevoices of women seeking legal recompense and protection fromsexual violence at this time.I. VERBAL TESTIMONYa) situating women witnesses in legal discourseThis section concerns the discursive structures and21conditions under which testimonies of women witnesses wereadmitted to early twentieth century rape trials. I firstaddress the dynamics of how women were positioned as witnessesin court, then introduce some of the ways in which womens’sspeech in cases of sexual violence at this time was enframedand qualified. As discussed in the introduction, rape hasbeen silenced throughout BC’s history, most obviously throughthe narrowness by which rape has been defined within legaltexts, compounded by well-founded concern on the part of rapesurvivors about the possible anguish and humiliation that sooften result from exposing such painful experiences to publicscrutiny.In order for a guilty verdict to be given in a rapetrial, the prosecution must prove two facts: that penetrationoccurred, and that this penetration was against the will ofthe woman claiming to have been raped. These arguments, andthose made by the defense which seek to prove a rape did notoccur, are made by the creation and ordering of truth claimsabout the said events, and are called legal facts. These‘facts’ are gleaned through the organization and presentationof various pieces of knowledge brought forward about the saidevents, which is called evidence.Legal discourse provides a very particular set of rulesand practices for bringing rape into view. Unlike civil law22in which aggrieved parties (the plaintiffs) represent andspeak for themselves, in criminal law, rape is not consideredso much a violation of a woman’s body (though it is that also)as a crime against the sovereign power of the state. As such,the Crown, not the woman whose body was violated, acts as theprosecutor in rape trials. In this formulation, the assailantbecomes the defendant and the rape survivor a witness. Assuch women witnesses occupy the same position as anyone elsewho have seen, heard, or heard of the attack, thus beingpositioned strangely outside of, and alienated from, theirrape .In rape trials, the voices and stories of survivors areenframed by the performative nature of legal procedure and thefact/value distinction that organizes it. Appearing beforethe court as witnesses, survivors of sexual attacks can onlyspeak when called to the stand for questioning by (male)attorneys. These individuals must respond to attorney’squestions co-operatively or face the censure and contempt ofthe court. In fact, the method by which verbal testimony wasBecause the term “victim” denotes disempowerment, and,it has been argued, repeats the violence already committed, inthis text I use survivor and woman as an imprecise shorthand.Note, however, that 13 of the 66 people appearing before SupremeCourt in Vancouver between 1915 and 1925 as the chief witness incases of sexual assault were male.23extracted could be at times coercive and painful.4 Once onthe stand, women’s voices enter the courtroom as testimony andfactual evidence, duly transcribed by stenographers and inturn preserved in archives.b) qualifying women witnesses’ testimonyGiven expression through verbal testimony, the storiesand voices of rape survivors heard in early twentieth centurycourts in BC were subject to various forms of qualificationand invalidation. As I illustrate in this section and thenext, the verbal testimonies of women witnesses in thiscontext were often discounted both through attacks on thereputation of women witnesses, and through insinuations that‘women’ in general were not sufficiently rational for theirwords to count as truth in legal discourse. Further, Isuggest that women who were in various ways marginalized byearly twentieth century BC society, such as those who did notspeak English, were not Protestant or white, were particularlyvulnerable to charges of irrationality.Though the criminality of rape lies in the assailant’sThe following excerpt, taken from a 1920 rape case,illustrates the kind of prompting exerted on young, shywitnesses: “Oh please tell us... What did he hurt youwith’ It is not fair to keep us sitting here all day. .Youwill have to come day after day till you do tell us. Now whynot tell us now.” British Columbia Archives & Records Service(hereafter referred to as BCARS) Government Records (hereafterreferred to as GR) 419, V.231 #4 p.4.24actions, the onus is on the Crown prosecutor to produceevidence and proof that a rape took place. On the scales oflegal discourse the presumed innocence of the defendant isevaluated against the weight of all the evidence brought tobear by the prosecution. Thus rape cases throughout thiscentury have turned as much on the actions, character, and“reputation” of the rape survivors as on the actions of thedefendants. The two, in fact, are inseparable because theinnocence of the defendant can only be weighed in courtagainst the mass of testimony provided by rape survivors andthe weight the court assigns it. To this end, prosecutingattorneys enlist the testimony of the rape survivor and herbody.The survivor’s reputation enters the trial as prosecutingattorneys appeal to it in order to add weight and credibilityto her words. Likewise, defense attorneys seek to make lightof the woman’s testimony and cast doubt upon her credibilityby calling her character into question. This link betweenreputation and credibility can be seen in a case of carnalknowledge heard in 1918, involving the attack of a woman whileon a date in a public park. When asked by the judge tojustify his persistent interrogation of one of the womenclaiming to have been attacked, the defense attorney stressedthe dubiousness of the woman’s character. He went on toexplain that her actions were:25• . . important to this extent, the charge is a seriousone, it is necessary for me to show exactly the kindof girls these were, how free they were in theiractions, and establish that whatever happened waspractically--- she was a consenting party to anyhowand her previous conduct would show that.5Survivors’ testimonies were likewise evaluated in termsof adjudicators’ perceptions of them as rational,disinterested observers of the events described. Some defenseattorneys would play this angle through the insertion ofdismissive remarks in the course of cross examination such as:“who knows what a woman would do”6 while others made moreexplicit links between femininity and irrationality. In CrownV. McKinnon, a rape trial heard in the Vancouver Fall Assizein 1916, a neighbour of the survivor was closely questioned byJ.A. Russell, defense counsel, about the state of thesurvivor’s mind and by implication the weight that her claimto have been raped should bear in court:Q: [The Key witness) is a little bit excitable, isn’t she?A: Well, yes a little.Q: She is a good deal, isn’t she?A: Well, sometimes.Q: A little bit hysterical isn’t she?A: Not always.Q: But she is at times?A: YesQ: Would you say at certain times of the month that she ismore excitable than others?A: Oh no, only when she gets put about.Q: Isn’t there one time in the month when she is almosthysterical?A: Oh no, I have never seen it, and I often go to see her.BCARS, GR 419, V.213, #7, p.7.6 BCARS, GR #419, V.202, #113 p.15.26I have lived opposite her for nearly two years.Q: But if she is at all put about or dissatisfied withconditions, then she is inclined to be excitable?A: I never saw her excitable ‘till this case.In his examination of the witness, Russell tried toassociate menstruation and hysteria to discredit the testimonyof the rape survivor. If the survivor had been “excitable”and “hysterical” because of this supposed medical disorder,then by implication, her testimony must not have been fullyrational, and therefore should be discounted in the calculusof the court. Here Russell drew on a much older tradition innineteenth century medical discourse about monomania. Thisfeminine disorder had been constructed by a medical professionthat believed “women could at any time cross the boundarybetween reason and unreason in the throes of ‘menstrualpsychosis’, ‘puerperal insanity’ or ‘menopausal mania’”.8 Thelink drawn by nineteenth century medical science betweenfemale organic functions, like menstruation, and mentalillness underpinned the belief that women were prone toBCARS GR 419 Vol. 295, #65 p.17.Ibid, p. 126, see also Mary Joe Frug, Postmodern LegalFeminism (Routledge, New York, 1992), and Catherine MacKinnon,“Feminism, Marxism, Method, and the State: Toward FeministJurisprudence”. By invoking the language of hysteria, thisreference also subtly hints at the linkage made in turn-of -thecentury medical discourse between mental disorder and unbridledsexuality. For more on this refer to Michel Foucault, TheHistory of Sexuality, Volume 1: An Introduction (New York,1978) . For a current argument about linkages made in legaldiscourse between female anatomy and irrationality, see HilaryAllen, “At the Mercy of Her Hormones: Premenstrual Tension andthe Law,” inL (l984):pp. 19-44.27hysteria and fits of irrationality.9 These medicalexplanations, backed by the authority of science, furtherserved to reinforce the popular perception that rationalitywas a masculine trait. This article of faith made it yet moredifficult for survivors’ voices to be heard and heeded incases of violence against women.c) verbal testimony and social positionalityWhile all female witnesses were open to attacks on theirability to offer ‘rational’ accounts of what had happened tothem, rape survivors speaking as non-whites, non-protestants,or non-English speakers (to name a few) faced a double burdenof proving the rationality and legitimacy of their statements.The next three cases illustrate how the testimonies of somesuch witnesses could be cast by defense attorneys as unreasonable and thus not credible. The first case offers anillustration of how witnesses could be barred from givingofficial statements if they were judged to be lacking in theirknowledge of, or faith in, basic tenets of Christianity. Thesecond illustrates some of the difficulties faced by witnesseswho did not speak English, while the third offers an exampleof a Native witness whose testimony is rendered illegitimateon the basis of the speakers supposed irrationality.This position was echoed in another case from the periodI studied, in which towards explaining the actions of the keywitness, the ‘expert’ medical witness in an abortion trialoffered his very expert opinion that: “There is no accountingfor what a Woman Would do” BCARS, GR.#419 V.202 #113, p.15.28For a witnesses’s testimony to be admitted to court,legal protocol required an oath, verifying before the eyes ofGod, the truth of the testimony. This procedure assumed thatthe witness in question possessed an adequate understanding ofGod, Heaven and Hell. With the cultural diversity in earlytwentieth century BC, however, many people who entered thecourtroom did not share the religious assumptions of thedominant Anglo-Saxon Protestants. In the following excerptfrom a case of carnal knowledge heard in 1920, council for theprosecution, W.M.McKay, tried to establish that his witness,Katrina Orlav, possessed an adequate understanding of thespiritual implications of lying. Orlav, the woman claiming tohave been raped, was a Russian Immigrant.Q: What is that?A: It is a bible.Q: Do you know what a Bible is?A: It tells us about Jesus.Q: Now when you are asked to tell the truth here and kissthat book, if you do not tell the truth what will happento you?A: I don’t know.Q: Well, did you ever hear that people should tell thetruth?A: Yes.Q: Why should you tell the truth, eh? Can you give me noreason for it at all?.. .Do you go to Church Mary?A: No, not now.The judge (court), apparently grew frustrated and tried hisown hand at establishing Jane as an acceptable candidate toswear.COURT: Jane, did you ever hear of Heaven? A Yes sir.COURT: What is Heaven, do you know?A: It is where all the holy people are.COURT: Well now what have you got to do to go to Heaven?A: Got to tell the truth.29COURT: And if you do not tell the truth, will you go toHeaven?A: No sir.COURT: Where will you go if you don’t tell the truth?A: Go underground where all the bad people go.COURT: I think that is just about as much as any of us can10The following case of Crown V. Singh, heard in 1924,further suggests how those who differed from an Anglo-Saxon,English-Speaking ‘idealized’ witness could encounterdifficulty in legal struggles in the early twentieth century.Crown V. Singh outlines the alleged attack of Yai Okumura byRam Singh. Yai Okumura lived with her husband Sanetoyo in aboardinghouse in the 1600 block of 2nd Ave West, in what wasat the time an immigrant Japanese neighbourhood.’1Sanetoyo was a millworker, and in the course of Yai’scross-examination she indicated that her husband was wellpaid, and that they were “quite rich enough.”2 At the timeof the events in question the couple had recently returnedfrom a trip to Japan. Ram Singh, a milkman, lived a fewblocks away from the Okumuras. While Sanetoyo Okumura couldcommunicate in English, Ram Singh’s knowledge of English waslimited, and he was thus furnished with a translator at the° BCARS, GR #419 V.231 case #11 p.4-6.“ Audrey Kabayashi, Issei Life Histories An interactivedata base on Japanese-Canadian Settlement History. 1993.12 BCARS, GR #419, Vol.274, case#4, p. 20.30trial. Yai Okumura could speak no English, and was furnishedwith a translator of her own. Ram Singh and Sanetoyo Okumurareportedly were friends, although the two disagreed as to howclose. Singh claimed that they were quite good friends whospoke openly and often, while Okumura insisted that he andSingh were no more than acquaintances.’3 Yai had been to RamSingh’s house once before on a social call with her husband.On December 11th 1923, Ram Singh called on the Okumurahousehold to, as Yai Okumura attested: “inform us to buy somekind of furniture which he said was sold in some white man’shouse”.’4 According to Yai’s testimony, Singh requested thatshe then go help him with some cleaning at his house, whichYai’s husband ordered her to do. In the rest of Yai’stestimony, she outlined how Singh, once he had her alone inhis house, proceeded to rape her.The following is an excerpt of the cross-examination ofYai Okumura by the defense attorney, Mr. Bird. In thispassage, I draw attention to the way Yai’s inability to speakEnglish is questioned and doubted, and suggest that thismistrust extended to taint her testimony in this trial.MR BIRD: When you talk to this Hindoo, [sic] in what languageHaving no more information than the trial transcriptthis interpretation certainly sounds more plausible, as Singhneeded a translator.‘ BCARS, GR #419, Vol.274, case #4, p.2.31do you talk?YAI: I cannot talk very much you know because I don’tknow very much English. I simply say “hello”. Thatis all I can say.Through a translator, Bird pushed this point:MR BIRD: Is that true? How long has she been in Vancouver?YAI: I lived in Vancouver about fifteen years but Ialways assist my husband in the housekeeping andhave no time to go out and study the language.MR BIRD: Ask her if this Hindoo does not speak very goodEnglish.YAI: I cannot tell you. I don’t know how he speaks. Imyself don’t know that much.MR BIRD: I am told that they had many a talk in English, longtalks between this woman and the Hindoo. Ask her ifthat is not true?YAI: No, because I don’t understand much English.At this point the prosecuting attorney, Mr. Mckay, intervenedon behalf of Yai:MR BIRD: This woman understands English perfectly I am told.I want to get it. When he got you in the room...MCKAY: She does not understand English. Your instructionsare apparently wrong.MR BIRD: She has been here 15 years.JUDGE: She pretends she does not.15Despite the protestations of the prosecuting attorney,substantiated by Yai herself, the judge in this case seems tohave accepted the interpretation that Yai in fact did knowEnglish, and was simply feigning ignorance. Why was Yai nottrusted when she said she could not speak English? How wouldher knowing English have affected the jury’s decision?Questioning Yai Okumura’s ability to communicate in Englishwas an effective way of casting doubt on her integrity as aIbid, pp. 14-19.32witness.This case can be understood in part through the Anti-Asian sentiment for which early twentieth century BritishColumbia is now known.’6 The denial of voting rights toAsians (until well after suffrage was won by white Women inthis province in 1917), and the spatial segregation madepossible by the creation of Vancouver’s Chinatown and “littleTokyo”, and the agitation of such groups as the “Asiaticexclusion League” all reflect just a few of the ways Asians inBritish Columbia were subject to racism.’7 Withoutacknowledging (or considering) that Yai Okumura lived with aJapanese speaking husband, within an immigrant community inwhich English may well not have been used, Yai’s languageskills are interpreted by the Judge in Cro V. Singh case notas an understandable feature of living in an insular minority16 Much recent work by Geographers and others has begun toshed light on the workings and extent of Anti-Asian racism inBritish Columbia’s history. See, for example, Kay Anderson,“East” as “West”, Place, State and the Institutionalization ofMyth in Vancouver’s Chinatown 1880-1980 (Vancouver, 1986); PeterWard, White Canada Forever: Popular Attitudes and Public Policytoward Orientals in British Columbia (Montreal, 1978). AlsoConsider Rennie Warburton, “Race and Class in British Columbia:A Comment,” B.C. Studies, 45 (1981)17 Graeme Wynn, Vancouver and Its Region, p.137. For acareful argument of the politics of Chinatown’s history, Seealso Margaret Ormsby, British Columbia: A History (Toronto,1971) pp. 350-353.33community, but rather as irrational and belligerent.’8Similar difficulties of cultural translation took placewhen Natives entered the courtroom. Crown V. Rogers, detailsa 1919 rape case that took place in Quathiaski Cove, a cannerytown on Vancouver Island.’9 The chief witness and thedefendant were both Native, and the trial concerned the eventswhich transpired on July 30th, 1919 at the key witness’s home.The fifteen year old witness was making beds while her motherwas at work cleaning fishes in a local cannery. Mid-morning,the accused reportedly came to the door, tried to entice herto drink something from a bottle, and tried to attacked her.She reported struggling with her attacker, being overpoweredand pushed onto her back on the bed, while the accused tore ather clothes. The scene was interrupted when a neighbour girlappeared at the door then ran to get help. The followingpassage is drawn from the report of police officer Mr.Campbell, in his questioning of the key witness’s mother:Q: Do you understand the nature of an oath? Do youunderstand that you have to tell the truth?A: I never tell any lies.Q: How is it that you cannot tell us more exactly the dateon which this matter occurred?18 realize this line of argument leads to the question whysuspicion was visited on Ram Singh, needing a translator, yetclaiming he and Sanetoyo Okumura, (who I assume did not speakSingh’s native language,) were good friends. Crown Briefs,however, do not include interrogations of accused parties.BCARS GR 419 Vol. 228, 4*113.34A: Because I never went to school I cannot tell the days.Q: How do you count the days in your language since thistrouble occurred?A: I cannot tell.Q: Isn’t this a pretty serious matter with you..A: Yes, very serious. I don’t know anything because I don’tkeep count of anything.Q: So you don’t know of your knowledge when thishappened?2°Charged with collecting evidence and investigating thecrime, officer Campbell struggled to order the differentstatements he received. For his report to be of any use asevidence in the courtroom, he needed to know the precise timeand date that events he recorded had taken place. Otherwisethere would be no way to evaluate the different statements hecollected. In questioning this native woman, however, heencountered resistance that he could not explain. Perhaps shewould not co-operate with officer Campbell because she wastrying to protect the defendant. Perhaps she resented theintrusion of the government in matters that the band elderswere working to resolve in their own way. Perhaps she couldsimply not remember the date of the incident. There is no wayto tell on the basis of Campbell’s reports. What is clear,however, is that Campbell was frustrated by the apparentirrationality of this native women who did not even “know of[her] knowledge” and would not “keep count of anything”.Since legal discourse was founded on the very accountingprocedures this woman called into question, the case could go20 Ibid, p.6.35no further because she refused to co-operate.Legal discourse neither passively absorbed, nor was thesole conduit of originary racism which in turn ‘seeped out’ inwider social formations. It did, however, serve as one forumin which both race and race-relations were negotiated by andfor British Columbians in the early twentieth century. Inall-white courtroom settings, for example, cross-examinationswere peppered with slurs such as: “He is a Chinese? [That is]a pretty good reason why you would not remember his name”,while Judges appealed to the sensibility and reason of juriescomposed of “British” subjects and “good Scotch Colonists”.2’Rationality was not only gendered in the courtroom; it wasalso racialized. What I have outlined is a series ofstrategies by which different truth claims offered by womenwitnesses testifying in cases of sexual violence in the earlytwentieth century were made to sound illegitimate. Byappealing to (and reinforcing) adjudicators’ associationsbetween femininity and irrationality, women witnesses wereliable to being portrayed as suspicious and untruthful, whilewomen who were in some way marginalized by the dominantculture-group in British Columbia at this time wereparticularly vulnerable to such attacks.21 BCARS, GR 419, Vol. 265 #22 p.52 & GR 419, Vol. 244 #107p.17.!36II. PHYSICAL EVIDENCEa) Witnessing BodiesIn addition to verbal testimony, another form ofknowledge used in creating legal facts in rape cases isphysical evidence. Though attorneys would mine both verbaltestimonies and physical evidence to substantiate or refutethat a rape had occurred, as I have suggested, verbaltestimonies could be rendered invalid by attacking therationality of the speaker. Physical evidence was seen as afar less subjective, and therefore, in the eyes of the court,more reliable, way of gaining access to the truth in rapetrials. It could answer not only whether penetrationoccurred, but even questions of will. In this section Iaddress the role of physical evidence in rape trials fromearly twentieth century B.C. By focusing on one case ofcarnal knowledge heard in 1919, I draw out how the use ofphysical evidence in such trials worked to both objectifywomen witnesses, and undermine their verbal testimonies.The case of Crown V. Stacks turns around the eventstranspiring one August to Ann Bell, who lived in the 800 blockof Hornby street with her mother (her father was dead) 22Ann, who was eleven years old, routinely ran errands forGeorge Stacks, an older, widowed neighbour. One day in July,on the way down to English Bay for a swim, Ann stopped at22 BCARS, GR #419 V.226 #92.37George’s house to see if he needed anything. While there,George, who reportedly had been drinking, raped Ann Bell.In the course of the cross-examination, the defenseattorney tried to establish his client’s innocence on thegrounds that Bell had been wearing a bathing suit, and as suchwas indecently attired (even though Bell had a dress on overthe swimsuit). “Here you were”, counsel chastised, “You werereally naked in one way with bare legs and a bathing suit onand there was a man lying down on the bed drunk?”23 the unsaidantecedent being; “what did you expect, if not to be raped?”.The cross-examination continued along these lines, duringwhich time the defense attorney became preoccupied with thequestion of whether the young Bell had had sexual relationswith any boys or men previous to being raped by Stacks.Throughout this ordeal, Bell remained remarkably calm andpatient. Eventually the judge intervened on behalf of Bell,rescuing her from further badgering by the defense. The Judgein turn chastised the defense attorney: “I think it is too badwith a little girl who is so straightforward. You have giventhis little girl an examination you would give to a man”.24The Crown Brief does not include additional information or theverdict for this case.23 Ibid, p.14.24 Ibid, p.14.38In the course of cross-examination, counsel tried toattribute George Stack’s assault on Ann Bell to Bell’spresentation of her own inherently sexual body. Though one ofthe two defining characteristics of rape is that the actionswere against the will of the woman involved, the notion of‘will’ was far from a straightforward one within legaldiscourse surrounding rape trials from this time. Because,as Catherine Mackinnon has noted, legal discourse is onlycapable of accepting a singular interpretation of reality,attorneys need not convince adjudicators that a woman in factwanted to have sex, but only that his or her client had reasonto believe that she wanted to.25 The defense attorney in thiscase was thus interested in establishing sexual an objectBell appeared to Stacks. By choosing this line of approach,the defense attorney invited the adjudicators to see Bell asan object for male sexual pleasure; thus, essentially,positioning judge and jury as rapists themselves.One assumption imbedded in the aforementioned argumentwas that women needed to dress and behave modestly if they didnot want to be attacked, because mens’ heterosexual urges wereso overpowering that they could not reasonably be expected to25 Catherine MacKinnon, “Feminism, Marxism, Method and theState: Toward Feminist Jurisprudence”.39control them.26 Though this male gaze objectified women’sbodies as sexual objects for male pleasure, women were stillheld responsible for how erotic they appeared to men’s eyes.Another assumption this line of argument makes is that a partof a woman’s body can stand in for the woman as a whole (inthis case bare legs are meant to ‘speak’ for will). This kindof fetishism was ubiquitous in early twentieth century rapetrials in this province, evidenced by the frequent appearanceof physical evidence in such trials.27 Cut and scratchedskin, torn clothing and loose teeth were all read as signs ofresistance, while bruises and lesions on, in or near a woman’svagina were likewise read as signs of both resistance andpenetration 28b) Court As A Space of SpectacleWhile the interrogation of bodies in the form of physicalevidence was seen as a useful way of gleaning knowledge aboutwhether or not a rape had occurred, bodies could not speak forthemselves. Thus, physical evidence concerning women’s bodiesrequired interpretation (or translating) by (male) medical26 The interrogation of Bell’s past sex life furtherassumes that Women and girls are inherently sexual, which is whyit is reasonable to suspect an eleven year old would have hadlots of sexual experience.27 BCARS, GR 419: V.204 #30; V.231 #11; V.201 #80; V.244*104; V.271 *82. (5,7,36,41&48)28 BCARS, GR 419: V.228, #113; V.275 #19; V.238#14. (15,24,26)40experts. In regards to the use of expert medical witnesses, Iwould make three critical observations.First, unlike women witnesses offering verbal testimony,the rationality of expert witnesses was not a point of debate.Under the aegis of medicine and science, these individualsspoke with the authority of objective knowledge.29 Second,while the authoritative gaze through which doctors interpretedand spoke for women’s bruised, cut and otherwise disfiguredbodies was in some ways clinical, it was at the same timeeroticized.3° As Gillian Rose has theorized in regards toGeographers looking at landscape, the gaze of theprofessionalised male medical expert looking at women’sintimate body parts cannot be separated from the voyeuristicpleasure of looking.3’ Not unlike the defense attorney in thecase of Crown V. Stacks, the ostensibly disinterested gaze ofexpert medical witnesses was “torn between pleasure and its29 As Rhode suggests in Justice and Gender, Thecriminalization of abortion was a useful way to limit the numberof those practising medicine in a community. “(abortion)provided doctors with a means of asserting technical, ethical,and social superiority over their competitors, particularly midwives and other practitioners who had not graduated from theapproved educational programs. Deborah L. Rhode, Justice andGender: Sex Discrimination and the Law (Cambridge, Mass, 1989)p.203.° For more on the power implicit in the clinical gaze, seeMichel Foucault, DisciDline And Punish (New York, 1979)(Originally published in French 1975).‘ Gillian Rose, Feminism And Geography (Minnesota, 1993)pp.1O1-l1241repression” •32Both in the case of Crown V. Stacks and in the use ofphysical evidence in court more generally, the assumption ismade that part of the body can speak for a woman’s will.Physical evidence (i.e. particular parts of women’s bodies)were read as testifying to resistance.33 While in the case ofCrown V. Stacks it was the assumption that bodies couldtestify about wills that allowed for questions about what Bellwas (or was not) wearing in the first place. If presentationcould testify to will, then there was no need to inquire aboutthe witness’s consent in the matter, because her body, or herdress, could testify to it. A bathing suit was inherentlymore provocative than a skirt, which was more provocative thana long dress because whatever women may think or feel, theirbodies could at any time be rendered sexual objects for thevoyeuristic pleasure of men.The privilege assigned to physical evidence in early32 Ibid, p.103.Alternatively, a lack of bruises could be read asconsent. Consider the following quote taken from a Rape caseheard in 1915. When asked by one of Jurors if it made adifference whether violence had been used to throw the woman onthe ground (where she was then raped) the Judge responded: “Ifhe threw her to the ground... and she consented, that is consentalright, provided she has not been thrown in such a way as to befear of bodily harm. It may be consent that comes a littletardy, but it amounts to real consent” BCARS GR 419 V.201 #80p.51.42twentieth century rape trials in British Columbia was based inpart on the fact that such evidence was considered “directlyaccessible”, either through the adjudicators own eyes, orthrough the supposedly disinterested eyes of expert medicalwitnesses. Where verbal testimony could be discounted if thespeaker was deemed irrational by adjudicators, objects (suchas bare legs and bruised skin) were seen as disinterested, andtherefore stronger evidence, a distinction which identified,and privileged, visual evidence over oral testimony.34 Basedon double assumptions about the transparency of the femalebody as a lens to will, and the strong faith in the scientificdiscourses which interpreted bodies (and thus desires),physical evidence was positioned as a powerful tool forgleaning knowledge about the events in rape trials from theearly twentieth century.In this chapter I hope to have shown how the voices ofwomen witnesses testifying in cases of sexual violence earlyin this century were enframed by legal discourse and subjectto various kinds of qualifications. I have further suggestedthat certain witnesses (for example women of colour, non-English speakers and non-Whites) were subject to a doubleThis is the same faith in the ‘truth’ of objects (andocclusion of the question of their interpretation whichcontinues to privilege physical evidence (such as finger printsand DNA samples) in rape trials today. For a critique of suchfaith, see Bruno Latour, We Have Never Been Modern (New York,1993)43burden of proof in order to have their voices heard.Alternatively, I have suggested that physical evidence,gathered through a voyeuristic yet socially legitimatedmedico-legal gaze, was positioned within the rationalizedspace of the court as more compelling evidence not only toquestions of penetration and resistance, but also of will.I submit that this privileging of visual evidence over oraltestimony in the construction and legitimation of truth claimsin early twentieth century rape trials had two primaryconsequences. For one, it made it difficult to press chargesin cases of rape, because physical evidence was (and is) notonly difficult to acquire, but potentially quite painful, bothphysically and emotionally, to present. Finally, thisepistemic privileging of seen over heard evidence worked tosilence the voices of those women who did have the courage toappear before early twentieth century courts in this context.44CHAPTER TWO:“WICKEDLY, UNLAWFULLY AND AGAINST THE ORDER OF NATURE”--HOMOSEXUALITY AND POST-VICTORIAN MORAL WRATHChapter one focused on the way in which women witnesseswere positioned within the legal discourse of early twentiethcentury rape trials. This chapter will focus on another formof sexual regulation: the criminalization and punishment ofmale homosexuality.’ I interrogate the processes by whichmale homosexuality was criminalized, sought out, andprosecuted as one of the ways sexuality and gender wereregulated through legal discourse. My main argument is thatsexual ‘normalcy’ was defined by and for early twentiethcentury British Columbians, in part, through theidentification and punishment of “deviance”: typified by malehomosexuals.Legislation regulating some form of homosexual expressionbetween men, including buggery (sodomy) and indecent acts,accounted for the largest number sex-related cases heardbefore the Vancouver Supreme Court between 1915 and 1925,after carnal knowledge and attempted carnal knowledge (SeeI only address the prosecution of male homosexualitybecause sexual activities between women was not a criminaloffense.45Appendix iii) 2 Further, because all sexual activity betweenmen was illegal in the eyes of early twentieth centurycriminal law in Canada, all sexual activity of this kind wastreated like rape, with the individuals involved beingassigned roles of defendants and witnesses. While interestingparallels can be made between the prosecution of sexualviolence against women and that of male homosexuality, it isnot the main objective of this chapter to chronicle them.3The prosecution of male homosexuality at this timewarrants our attention not simply for the sheer bulk of cases,but also, and more suspiciously, for the particulars of whowas charged. A second issue I address in this chapter is thehigh incidence of South Asian men targeted in charges of malehomosexuality. I argue that the prosecution of malehomosexuals simultaneously defined deviance and normalcy, thusdifferentiating acceptable sexual expression from sin. Byexploring a few of the documents which detail this practice inthe lower mainland at this time, I hope to say something aboutboth the way legal actors were able to regulate and punish thebodies and sexualities of others as a general phenomenon, as2 See the Criminal Codes of Canada 1915 for a discussion ofthe distinction between buggery and other kinds of indecentacts. For the purposes of this paper, both will be used no morespecificity than to refer to sexual activity between men.Moreover, the criminalization and punishment of same-sexlove raises many questions which comparisons between it andattempts to regulate heterosexual sex simply cannot contain.46well as something about how these processes worked in theparticular social context of post-Victorian British Columbia.This chapter is divided into three sections. Afterestablishing some basic groundwork with a brief discussion ofthe legislation concerning male homosexuality, each of thenext two sections explores issues raised by a particular caseof male homosexuality heard in the Lower Mainland between 1915and 1925 (one in Vancouver, one in New Westminister) . Thefirst case, Crown V. Lawrence, involves two men who wereapprehended while making love in a car parked on West Hastingsstreet early in the morning on July 1st 1924. The second,Crown V. Singh, details the story of how officer Sydney W.Bass apprehended Raja and Verun Singh making love in a privateresidence in New Westminister on March 25th, 1922.In interpreting some of these thorny issues, two textsprove valuable: Eve Sedgewick’s The Epistemoloqy of the Closetand Michel Foucault’s The History of Sexuality, Vol. i. Evenwith the aid of these very deft thinkers, however, theidentification of male homosexuality as deviant, and in turnlocating this deviancy within a particular ethnic group,BCARS, Government Records #419, Vol.279 case #80, andBCARS, Government Records #419, Vol.256 case #84.Michel Foucault, The History of Sexuality, Volume 1: AndIntroduction (New York, 1978); Eve Kosof sky Sedgewick, TheEpistemoloqy of the Closet (Berkeley, 1990)OCDCDOC)hha)CDP)I-CDWF—CD<D)H-<ftJ)CDH-RH-CDCDH-ia)CD.0CD-•‘-‘D)QLC)ft)H ft)H-HH-0ftjCU-a)piH-Cl)a)DiCDCO1CDH(I) 0-0C)CDijC)H-i-.QH-0)CDMiftgi. HrtCDH H-CDD)irta)CDH-H-Cl)0CDH-iH-a)=0CF:c-riCDCl)I—’H-0HCDa)H•dCl)CUftCDCDi00CDFlClClClFlk<H-CDi)Cl)ClIICDdfrti0CDi.H-Cl)ftHClCDftCDCDftl-C))Cl)::y-FlHC)II0CD‘<CDftH-H-ft0CD0‘1Cl)CDHfta)CDFl0Cl)k<CDCl)(a)ftl-><ftHC:fta)0CiftCl)CDL-I-tiCl)CDa)ClCl)H-I-ft-ftClH-ftft0H-ftH-ftftCDMiCl)‘-<0j-iC)-0Cl)ftftH-ftH-H-dftCl0CDftH0Cl):-H-C)o—ftH-ftCl)iCDH-CloCl)CDCl)CDCDa)Cl):iCl)CDrt•J--><H-H-H-0H-)ftCDa)0a)Cl)ftftF-H—0H-H-Cl)0C)FlCl)ftCi)C)I-0H-H-CD:‘sC)iCl)-a))HiftftI—’H-ftH-HI-ftl-ftCl)CiH-a):-‘<CDCClftH-ClCDa)‘-<IClCDCDCl)CDa)ft<ICl)hQdHiCFH-CDhCl)H-CDC))a)hCDCl)I-hC)CD-ft‘—J-0H-ClftI-0H-FlCl)HftftCl)ftHCl)C)ClCDftb0Cl)Cl)CDCDbI-ha)ClI—hH0CDCl)CD0CDHhCl)-CD C)a)H-CDftdCDftLiCD(IIFlCDdCDH)a)CDCl)zftft0ftH-H-SL’i0HCDZCDCD a)ftH0H-oMi)Hft‘-dCDClCl)FlCl)Ha)da)<ICl)ftFlCDCD()CDoftftCl)<ICUCl)I—hLIIftHF-hftH-0:-0Clha)CDClo-<CD1xJH-Cl:-)::il0CFoC):DXCD<CDo Cl)CDH-HLIIFlH-cift‘-Cl)Ii)H-1QHfta)CDCD II0CDFlftft;-CDp)H-CDa)Cl)H-C) CDC)ftFl0CDft Cl)C)ClH-HCDiIiClCl) H-Cl)0C))CDIl01crCl)Hi0FlftI-’-Cl)CDift<C)k<H-)CDCl)oftCD Cl)F-hCl)0‘1bHiooSftft)Cl)H--H-CDCla)CDCDi0,<ftSH-0Cl)ftCl)Hk<CDCl)H-Cl) HWH-CDhftftH-<:—ft H-H-H-a)C)C):I0CDCDHCl) fta)5H-0t30H-)Cl)I—’-.Fl CDCl)CDMiHClCDFlC)CDftCl)Cl)ftC))Cl)H-CDoClCl CDCl)0icHFl•CDCl)CDCD 0 H ‘0 HI-tjCDHOFlSSa)Cl)O a)CDCl)CDC)C)ft..iCI)H-Cl)CD<I-CDCDHa)ftt-i- 0Ozi-‘-‘CDZCDOCD><SCl)Of_sSa)-‘CD°CDIi--Cl)Cl)ftH<H--aClCl---.-Cl)CDI—’k<OCDCl)i-<H-•OCl)3 IIftH-..Cl)o CDHCl) Cl)ftjiNiCl-Cl Fl CDIQiZIP)H-<CDa)I—..‘-<ftftCDCDOCDFlFla)FlCl)H-bOC)HCl)Cl)O-Cl)CDCla) ftdCDa)IIC)C)OlHHOftk<h•Cl) H H CD H- C) 0 ft Fl 0 Ii ft CD Cl) Fl CD Cl) Cl) 0 I-h H Cl) S CD Cl H- C) H CDCD H CD Cl) S C) F-h ft CD CD Cl) S H Cl) ft H 0 H 0 CD (-F 0 H- H H a) ft Fl Cl) ft CD ft Cl) ft48Perhaps most influential among these essays has beenMichel Foucault’s The History of Sexuality, in which hesuggested that sexuality has been privileged and made centralin our culture through a series of sanctions on the pursuit ofsexual pleasure. Central to this definition, he posits the‘birth’ of homosexuality in the late 1800s as the momentBritish Victorians first asserted, and left as our legacy, thewill to organize ourselves and (particularly) each other,under either the banner of normalcy and dominance(heterosexuality), or into the deviant, threatening, minorityof homosexuality.8 This division, Foucault tells us, and thusthe constructed polarities it separated, was forged and hasbeen maintained through regimes of surveillance, apprehensionand incarceration including laws, police, courts, prisons andmental institutions.II. BAD HABITSIn 1886, male homosexuality was for the first time namedas a distinct crime in Canadian jurisprudence.9 Though thelaw would be changed and refined in various ways well into theCanada, 1890-1920,” Law and Justice in a New Land: Essays inWestern Canadian Legal History Ed. Louis A. Knafla, (Toronto,1986)8 Foucault, The History of Sexuality, Vol. 1, p.43.“Legal Restraints and Social Attitudes” , Gary KindsmanThe Regulation of Desire (Montreal, 1987), p.279.49twentieth century, it was at this time that the CanadianCriminal Code first passed “An Act Respecting Offenses AgainstPublic Morals and Public Convenience”, in which ‘indecent’acts between males were explicitly prohibited. Between 1915and 1925 ten cases of sex acts between males were heard beforethe Supreme Court in the city of Vancouver.’0 Though eachcase was distinct in terms of the charge, setting and methodof apprehension, some of their important commonalities appearin Crown V. Lawrence, a case in which Ray Lawrence was chargedwith gross indecency on July first, 1924.” As in themajority of transcripts from cases of male homosexualityduring this period, this case offers only the briefest ofsketches concerning the circumstances of the said event.Nevertheless, the information contained within this Crownbrief, coupled with the way it was presented, sheds light onsome of the methods by which homosexual men were prosecutedin early twentieth century British Columbia.At 3:30 am July first 1924, officer P.B. Berry waspatrolling his beat on West Hastings Street. In the elevenhundred block he noticed movement from inside one of theparked cars, a Ford coupe located on the North side of the‘° This includes three charges of buggery, seven morecharges of actions which were perceived as leading up tobuggery, including five cases of gross indecency, and two casesof attempted indecency.‘ BCARS GR, #419 V.279 #80.50street. When he approached he saw three men in the car: oneman (the accused, Ray Lawrence) performing oral sex on asailor, with another sailor fast asleep. According to Berry’stestimony, he “watched him there for fully 15 or 20 seconds,then [I] reached in and got hold of him by the hair and pulledhim off it.”2 The following is an excerpt of Berry’s cross-examination by the prosecuting attorney, Mr. Oscar Orr. Intrying to establish the defendant’s guilt, Orr is particularlyconcerned with establishing the high visibility of the saidevent.Questions by Mr. Orr to officer Berry:Q: Now this was on the public street in the City ofVancouver?A: Yes.Q: In this Province and Country?A: Yes.Q: And parked you say right at the kerb? (sic)A: The car was parked alongside the kerb.Q: And the kerb is where the sidewalk starts and wherepedestrians walk?A: Yes.Q: Were there any curtains up on the coupe?A: No, the window was right down. It is a closed-in car.Q: But the window was down?A: Yes.Q: And did the accused offer any explanation when you yankedhim off?A: Oh, he just said, that was before I warned him, he saidit was a bad habit he had.Q: And how long did you wait before you approached thevehicle after you saw it?A: I knew there was something in it and I waited there forabout two minutes.Q: You waited twenty five feet away from it for about twominutes?A: I didn’t wait twenty five feet, I was sneaking up on12 Ibid, p.2.51it all the time.13This case points to several important aspects of theprocesses by which gay men were criminalized and prosecuted atthis time and place. Certainly it suggests that police werean important link in the maintenance of state control,entrusted with the surveillance and apprehension ofindividuals partaking in activities of which they, asrepresentatives of the state, did not approve. Second,through the emphasis placed on the publicness of the act, thiscase also betrays an important relation between how certainspaces, and certain crimes, were defined in the minds of thethose who would apprehend and adjudicate homosexual men.By the 1910’s and 20’s Vancouver was part of a lawfulsociety, in which had been articulated a precise set of laws,and a sophisticated network of courts, police, judges, juriesand prisons devoted to dealing with those who breached them.These individuals and institutions were trustees of statepower, and were often the harbingers of that power in itsrawest form: charges, sopenas, injunctions and sentences.However, this was not a police state. Like English Common Lawon which it was built, the juridical system in place in Canadain the early twentieth century held sacred the ideals ofindividual rights and freedoms, the notion of a sovereign13 Ibid, pp.3-7.52state, as well as a strong belief in private property. Intheory, the limits and boundaries beyond which legalsurveillance would not penetrate would be outlined for allcitizens in the pages of the criminal codes.In the 1886 “Act Respecting Offenses Against PublicMorals and Public Convenience”, as the 1924 criminal codes,an ‘indecent act’ is defined as “anyone who.. (a)in thepresence of one or more persons does any indecent act in anyplace to which the public have or are permitted to haveaccess; or, (b) does any indecent act in any place intendingthereby to insult or offend any person”.’4 It would appear,then, that the criminality of a given act was at timesconstituted in part by where the act occurred.. .i.e., aparticular act occurring in ‘public’ might be consideredliable for criminal prosecution, while the same act takingplace in a ‘private’ place, such as a (private residence)would not.How did that same criminal code define ‘public’? Thefirst example offers the following (not very illuminating)definition: “A ‘public place’ include(d) any open place towhich the public have or are permitted to have access, and anyplace of public resort.” Reading on, however, a curious14 James Crankshaw, The Criminal Code of Canada and theCanada Evidence Act (Toronto, 1924), sec.205, p.208.53qualification is added: “A public place is one where thepublic go, whether they have a right to go or not. .any placemay be made public by a temporary assemblage”.15Instead of laying a clear boundary, then, criminal codesoffered no boundaries at all.’6 In this arrangement, ‘Public’becomes a wonderfully malleable concept. I suggest, in fact,that it is just flexible enough to justify police enteringsome places (those of their choosing) in order to prosecutecertain crimes, (for instance sex between men), whilejustifying the occlusion of crimes for which prosecutioncaused more social friction: such as domestic violence.Instead of certain spaces being uniformly shielded from stateexamination, respect for the boundary of the home (or anyother space) was in practice completely at the discretion ofindividual police officers. The next case serves, among otherthings, to further illustrate the poverty of the notion ofbounded, private space beyond which the state will not look orapprehend.‘ Ibid, sec.205 p.208.16 For more on the social construction of space,particularly in regards to demarcate certain spaces off limits,see Henri Lefebre, The Production of Space, (Oxford, 1992) pp.35-36. First published in French 1774 by Anthropos.54III. SOUTH ASIANS AND THE PROSECUTION OF MALE HOMOSEXUALITY INTHE LOWER MAINLANDThe single most striking feature of the cases of malehomosexuality heard between 1915 and 1925 in Vancouver is thepreponderance of South Asians as targets for this charge.While South Asians accounted for only a small fraction of thelower mainland’s population in the early twentieth century,they accounted for just under half of those who appearedbefore the Supreme Court for homosexual activity in the yearsbetween 1915 and 1925. This section represents my attempt toaddress that phenomenon. Structured around an excerpt fromone such case, this section addresses several important issuesraised by the disproportionately high incidence of SouthAsians in cases of homosexual activity in early twentiethcentury British Columbia more generally. I argue that thefrequency of South Asians in cases of homosexuality at thistime and place is both a factor of the official surveillancethis group was under, and an expression of an association madebetween sexual deviance and cultural Otherness.The forms of surveillance which extended into the livesand activities of British Columbians in the early twentiethcentury did not constitute a homogeneous process affecting allindividuals equally or in the same way. Though in theory allmembers of this society were subject to the same laws and thesame system for meting out the consequences of illegal55behaviour, lived experience tells us otherwise. Like now,emissaries of state surveillance (such as police) in the1910’s and 20’s in BC were selective about what spaces, andwhose actions, they chose to attend to. Clearly, thesechoices are implicated in historically specific powerrelations within, and reflecting, the society in which theywere made. I suggest that in this instance state surveillancefocused on a particular group that was seen as a threat to thevalues and mores of the dominant group--whites of Britishdescent.In the case of Crown V. Singh, heard on March 25th 1922in the New Westminister Supreme Court Assize, M. Singh wastried with the charge of gross indecency.’7 Though it washeard in New Westminister rather than Vancouver, I havechosen to focus on this case because it offers, I think, themost explicit example of the kinds of surveillance takingplace in the lower mainland at this time. As well, since thiswas a travelling (assize) court, the form of this case is thesame as the others in the data set. All other cases of malehomosexuality I considered were heard in the Vancouver assize.The crime in question took place at a boarding houselocated on the block between Auckland Street and Queen’s17 BCARS, GR #419, V.256 case #84.56Avenue, and 10 and 11th streets in New Westminister.’8 Thearrest was made by police officer Sydney W. Bass, who reportedthat he had “occasion to be in the vicinity” of the boardinghouse the night of March 25th; he may have been (though wasn’tnecessarily) on rounds. In the course of cross examination,prosecuting attorney K.C. Macgowan questioned Bass as to thedetails of this boarding house.’9 Bass gave a roughdescription of the building: a three story structure facingthe lane between Queen’s Avenue and Auckland street, with arailed Veranda facing the lane and an addition on the QueenAvenue side. Officer Bass approached the house from the backalley.Bass reported that while walking in the back alley, heheard some talking in the corner room of the house facing theveranda. After listening for a minute or two, he moved uponto the verandah, and peered over the blind into the room inwhich he heard the voices. In that room, Bass reportedly sawa White boy and a Hindu man sitting on a bed together.2°Also, peering through the front door he caught a glimpse of18 Though referred to as a boardinghouse throughout thecase, when asked directly what the house was used for, officerSydney Bass answered that “It was formerly a Boarding House, butlately there have been several Hindus living there.”. He doesnot elaborate. BCARS government records, #419 Vol. file# p.2-3.‘ The defendant, Singh, had only an interpreter, but noAttorney.20 Ibid, p.3.57another South Asian man (though not the accused) cross thehall to another room, returning with two bottles of beer.According to the following cross-examination by Macgowan,Officer Bass reportedly:BASS:.. .went inside and saw Ram Singh come out of his door andwalk across the passage into the room he occupies; Iwaited long enough for him to get into his room and as Iopened the door I heard him handling bottles; I took aglance into his room and when I had entered he said‘Hullo’. I went upstairs and he was coughing all thewhile I was going up, which I considered was a noise toattract the attention of these men upstairs. I wentupstairs and judged just where about this room would be.I could see through the door, which was hardly closed,and there was a light. I opened the door and saw theaccused and Leo Dublin, this door is on the left handside of the landing upstairs.Q: Will you describe what you saw?A: Duplin had the front of his vest and his coat open andthe front fly of his trousers was open too, and he wasjust fastening his belt and his shirt was all around hiswaist: the accused’s trousers were down below his hips,and open, and he had his hand stuffed down under there,like this: his shirt was all outside his trousers hangingloose.Q: What was he doing?A: The Hindu (the accused) was making an effort to pull histrousers up. . .1 asked the accused what he was doingthere, and he said ‘nothing’. I asked Duplin what he wasdoing there, and he said ‘I have come up here to make adollar’.Bass then reported having taken both men into custody. Thatis end of the cross-examination.21The scene of a White police officer standing on a Verandain a back alley at night, peering into a lit room where hesees two men together on a bed, one brown, one white, evokesan ambiguous assemblage of interpretations. Like the first21 Ibid, pp. 2 &3.58case discussed, this excerpt speaks to the fluidity of theboundaries demarcating those spaces beyond which the legalgaze will not penetrate. In no cases of male-female sexualviolence from this time was there anywhere approaching thisdegree of intrusion into the private space of an accusedperson. Why was it allowed in this case? Would OfficerBass’s actions have been justified had there not been two mencaught together on a bed? Or if the men had both been white?As I will illustrate throughout the remainder of this chapter,that Bass’s actions were considered acceptable to theindividuals adjudicating this trial was fundamentally bound upwith the politics of who, and what, he saw.I first illustrate how South Asians as a group wereproblematized by the Canadian government at this time, thenoffer a possible interpretation over the cultural politics ofsuch a disproportionate number of South Asians being tried forhomosexuality 1910’s and 20’s B.C. In the absence of textswhich could supply actual ratios of homosexual activity amongWhite and, in turn, South Asian men for the early years ofthis century, I conduct the following argument as if they arethe same.Canada opened its doors to South Asians in 1903, then59officially closed them five years later.22 By 1908, 2,623South Asians (almost all men) had immigrated to BritishColumbia.23 Within this brief time, small communities ofSouth Asians emerged in cities and work camps up and down theWest Coast. Due to a number of acts and restrictions between1910 and 1914, however, the number of South Asians residing inBritish Columbia fell steadily until no more than 80individuals remained in the province by 1930.24The treatment of South Asians in Canada in the earlytwentieth century is perhaps best characterized by the nowinfamous case of the Komagata Maru, in which a boat by thatname containing South Asians hoping to emigrate was turnedaway, after floating in the Vancouver harbour for 4 weeks, notbeing allowed to land. Though this incident stands out as anextreme case, it demonstrates in broad outline the way Asians,and particularly South Asians, were viewed in the firstquarter of this century: with suspicion, distaste and fear.2522 Though a trickle continued over the course of thefollowing years. Hugh Johnston, “The Surveillance of IndianNationalists in North America, 1908-1918,” BC Studies, No. 78(Summer 1988): p.3.23 Indians Overseas: A guide to source materials in theIndian Office 1830-1950, Ed. Timothy N. Thomas (London, 1985),p. 22.24 Ibid, p.22.25 See Isabella Ross Broad, An appeal for fair play for theSikhs in Canada (Victoria, 1913); Ted Ferguson, A White Man’sCountry: an Exercise in Canadian Preludice, (Toronto, 1975);Kernial Sandhu Singh, “Indian Immigration & Racial prejudice in60As Hugh Johnston illustrates in “The Surveillance of IndianNationalists in North America 1908-1918”, the Canadiangovernment unquestionably perceived this group as a threat.26Wary of insurgence and nationalist activity, the Canadiangovernment hired personnel to chart the actions of all SouthAsians living in British Columbia at the time. This directivewas responsible for a network of surveillance which in turnproduced reams of correspondence between the immigrationoffice in Vancouver and that of the federal immigration bureauin Ottawa. Soon after the closing of immigration in 1908, theVancouver immigration office had forged close alliances withimmigration officials in Ottawa, the Indian Office in Londonand the Indian Government itself. Each of these bodies wasinterested in security surveillance of the actions of SouthAsians on the West Coast of North America.27These governments seemed most interested in investigatingpolitical meetings of any kind, religious or philosophicalgatherings, and any event that appeared to them as anarchist,within the small South Asian communities in San Francisco,Portland, Seattle and Vancouver. While most such meetingswere observed and documented with no further examination, theBC: Some Preliminary Observations,” Peoples of the Living LandEd.J.V. Minghi, (Vancouver, BC, 1972).26 Hugh Johnston, “The Surveillance of Indian Nationalistsin North America 1908-1918”, pp.3-27.27 Ibid, p.7.61meetings of one group received special surveillance anddocumentation. The “Ghadar” or mutiny group vocalized theirdisgust with Britain and advocated the use of violence as ameans of gaining Indian independence. The actions of thisorganization were followed closely until 1913 when itsactivities were judged dangerous to national security in bothCanada and the United States, and its members deported.28Though it appears this particular group had a only a verysmall following and tenuous connections to any Nationalistgroup in South Asia, this incident and others served toposition the South Asian presence in North America as aproblem of international concern, and galvanized statedistrust and disdain of South Asians residing in Canada andthe United States.29 According to the director of CriminalJustice in Delhi, for example: “I look on the rabiddiscontent of the Sikhs and other Punjabis on the PacificCoast as one of the worst features of the present politicalsituation in India.”3028 Ibid, p.12-17.29 As Johnston argues, it was the fact of surveillance whichserved to politicize previously unpolitical individuals.30 C.R. Cleveland, Director of Criminal Intelligence inDelhi, May 11, 1914. From Public Archives of Canada, GR 7, G21, vol. 205, file 332, Supplementary Note to Draft Circular,Criminal Intelligence Office, Simla, April 1914. In: Johnston,“The Surveillance of Indian Nationalists in North America, 1908-1918”, p.16.62This international network of surveillance had severalimportant consequences. For one, from the wealth of detailedinformation amassed concerning the comings and goings of SouthAsians on the West Coast in the early twentieth century, it ispossible now to reconstruct with amazing accuracy the paths ofthese individuals within the window of time between 1908 and1914. Further, this project suggests something about thenature of Canada’s political ties at this time. Throughsharing the collected information about the South Asiansliving in British Columbia, Canadian Immigration officers andthe India Office in London could work towards a common goal,against a mutual ‘enemy’. Put another way, the identificationof South Asians as a threat to national security in Canadasolely because they were understood as a threat to Britain,was in many ways an exercise in reinforcing Canada’s rolewithin the orbit of Imperial power: it was a way ofreinscribing British Columbia’s Britishness.Now, to return to the prosecution of homosexuality inBritish Columbia at this time. As was touched on earlier, thecases of homosexual acts between men heard before the SupremeCourt in Vancouver between 1915 and 1925 transpired not longafter ‘homosexuality’ itself had come into being as a legal,medical and psychiatric concept, a project that, it has beenargued, was useful in the differentiation of sexual normalcy63(and legality), from sexual deviance, and criminality.3’Given the social terror and non-tolerance for homosexualitysuggested by legal texts from the early twentieth century, howare we, as late twentieth century readers, to interpret theextremely high proportion of such charges being laid againstmembers of a particular non-white minority? The degree ofstate scrutiny trained on the actions of South Asian mencertainly begins to explain this phenomenon. Perhaps itexplains it completely. Before concluding, however, I wouldlike to suggest another possible interpretation for thecuriously high number of South Asians appearing in charges ofhomosexual acts in early twentieth century B.C. Drawing onthe works of Edward Said’s Orientalism and Sara Suleri’s TheRhetoric of English India, I argue that pattern of who wastried in cases of homosexuality from time suggests anassociation between socially sexual deviancy and culturalOtherness 32In Orientalism Edward Said charts the process by which31 Michel Foucault, The History of Sexuality & EveSedgewick, Epistemology of the Closet. As Sedgewick notes, thedistinction between homo- and heterosexuality invites a closerexamination of the relations between that which is called‘sexuality’, and other ways of being in society. Throughoutthis century, sexuality has not been distinct from other facetsof social identity, in that sexuality, and in particular sexualorientation, has served as a central system of categorizationthroughout the modern age.32 Edward Said, Orientalism (New York, 1979); Sara Suleri,The Rhetoric of English India (Chicago, 1992).64both “the Orient” and “Orientals” have been historicallyconstructed by, for, and in opposition to, Europe and theWest. By voyaging to, looking upon, and taking back visualand textual descriptions of the Orient, Said argues thatEuropeans created within nineteenth century English and Frenchgeographic imaginations an “Orient” which was exotic, chaotic,savage and enticing.33 One fold in this system of cultural‘Othering’ outlined by Said was an association between theOrient and sexual abandon and promiscuity.Said asserts that through these Orientalist discourses,colonial possessions in general, and India in particular, wereseen as places in which young English men could acquire sexualexperiences unattainable in Europe, noting various eighteenthand nineteenth century “pilgrims” to the Orient in search of“a different type of sexuality”, one which was “more libertineand less guilt-ridden”.34 Said further traces this threadthrough the work of writers Edward William Lane, Flaubert,Chateaubriand and Burton, among others. In his reading ofLane, Said notes how “everything about the Orient... exudeddangerous sex, threatened hygiene and domestic seemliness”.Later, in a discussion of Flaubert’s work, Said states that“the association is clearly made between the Orient and thefreedom of licentious sex”, as a more global commentary onSaid, pp. 162-166.Ibid, p.190.65Orientalist writing.35In her analysis of this strand of cultural imperialism,Sara Suleri insightfully defines “The Orientalist will tosexualize as one manifestation of the anxiety of empire”.36In her discussion of this “imperial erotic”, Suleri identifiesthe tendency within colonial discourse to code both colonizedterritories, and the bodies of non-White, non-European Others,as feminine. Sidestepping formulations in whichcolonialization is unproblematically likened to rape, Suleriunpacks the complexity of the gendered and sexualized terms inwhich discourses of colonialism are coded. Using as herstarting point the effeminacy assigned to South Asians inOrientalist writing, Suleri argues for a reinterpretation ofthe imperial erotic in terms of homoerotic desire for thecolonized Other on the part of the colonizer. “This discourseof effeminacy”, Suleri tells us, “makes evident that thecolonial gaze is directed to the inscrutability of anEastern bride but to the greater sexual ambivalence of theeffeminate groom”.37 For this argument she focuses onliterary works surrounding the colonization of Anglo-India,through the specific examples of E.M. Forster’s Passage toIndia and Kipling’s The People of India. Suleri draws outIbid, p. 167 & 190.36 Suleri, p.15.Suleri, p.16.66the “marked homoeroticism” to be found in these and othernarratives of colonial encounters, and notes theepistemological ‘terror’ imbedded in such a formulation.38She makes these claims in order to strengthen her critique ofcolonialism as an expression of crisis over masculinity.Like Said, Suleri also remarks on the importance of thecolonial gaze in the workings of Orientalism in general, andin the ‘homoeroticization of race’ specifically. Sheimplicates the various forms of description, categorizationand codification found in colonialist projects, as well as inliterary treatments of colonial contact, as a powerful controlmechanism, asserting that “British imperialism in India ispredicated on an act of cultural looking that translated intoa hysterical overabundance of the documentation of racialvision”The meeting of colonizer and colonized in the case ofCrown V. Singh stands in distinction to the processes ofcolonialism and Orientalism discussed by Said and Suleri in atleast three ways. As opposed to small groups of Englishencountering South Asians in India; in British Columbia, smallcommunities of South Asians were far outnumbered by the Whitesettlers, and were dispersed in archipelic fashion across the38 Ibid, p.15.Ibid, pp.135 &18.67province. Further, while the vast majority of the Whitepopulation in BC at this time was of English origin, meetingsbetween colonizer and colonized took place not in India, butin another colony. As well, trial transcripts differ fromliterary fiction in that their authors unambiguously seek toproduce truths.Nevertheless, I argue that both the surveillance visitedupon South Asians in early twentieth century British Columbia,and the preponderance of individuals from this group incharges of homosexuality from this time bespeak exactly thekind of ‘terror’ posited by Suleri and Said. Their work isuseful towards interpreting these phenomenon in at least threeways: firstly, in the association posited by Said between nonwhite peoples and the exotic, as advanced within discourses oforientalism; secondly, in the specific association betweenSouth Asians and forbidden/homoerotic desire advanced withinEnglish discourses of colonialism, as argued by Suleri; andthirdly, in the importance of the gaze to both theseprocesses, as argued by each.Though this was not England, it was a place in which themajority were of English descent,4° run in large measure byEnglish capital, with political allegiances to England,governed by English common law. This place was fundamentally40 And the vast majority of those in positions of power.68shaped by, and implicated in, discourses of colonialism andorientalism. I submit that neither the association of SouthAsians with the exotic, nor the orientalist ‘will tosexualize’ non-White, and particularly South Asian, Others,would have been foreign to the police, judges and juriesresponsible for the apprehension, adjudication and punishmentof homosexuality in BC at this time. In such a formulation,the ‘locating’ of sexual deviance, and especially, perhaps,homosexuality, within the South Asian community in BritishColumbia could be seen as an expression of exactly the kindsof ‘anxiety of empire’ suggested by Suleri. Were this thecase, anxieties over masculinity, nation, race, and repressedhomoerotic desire would have colluded to render South Asians aparticularly easy group to target for charges of forbidden,exotic, (and wicked) things.Finally, the theme of surveillance discussed by both Saidand Suleri harks to the kinds of practices going on in BritishColumbia at this time, both by immigration officersdocumenting the comings and goings all South Asians in theprovince, and police officers voyeuristically looking into theresidences of South Asian men. These examples speak not onlythe power of such invigilation, but to the pleasure, andpossibly desire, afforded those behind such a gaze.The apprehension and punishment of same-sex love, made69possible through a legal system in which ‘boundaries’restricting some places from legal purview dissolved beforethe eye, contributed to what has been called the “Westernfantasy of a world without any more homosexuals in it”.41 InBritish Columbian popular sentiment (and legal doctrine) thisdream was joined by another just as powerful: one of a Whiteprovince. In this chapter I have argued that the overwhelmingnumber of South Asian men as targets for charges ofhomosexuality offers a powerful example of how both these“fantasies” colluded in legal discourse. Through drawing ondiscourses of orientalism and colonialism, I have argued thatan association was made between sexual deviance and culturalOtherness; an association which worked to reinscribe racistpower relations. Thus, texts invoked here describe one“dream” of how some early twentieth century British Columbianswanted to see their province.41 Eve Sedgewick, Epistemoloqy of the Closet, p.42.70CHAPTER THREE:BOUNDARYLAYING IN FLEDGLING VANCOUVER:WHAT’S A GIRL LIKE YOU DOING IN A PLACE LIKE THIS?We are proud that our womenfolk can go abroad securein the chivalrous attitude of our citizens. Is thatconfidence to be shaken? What is to happen if theguilty are allowed to go unpunished, what then ofthe boasted freedom & safety of womanhood, ourmothers, wives, sisters & children? 1-Prosecuting Attorney W.M.McKay, in the closingremarks of a rape case heard in 1921 before the B.C. SupremeCourt in Vancouver.The last two chapters were concerned with how women andmen were objectified and sexualized in legal discourse. Thischapter and the next focus on the process by which urban spacewas inscribed with gendered, classed meanings. Earlytwentieth century legal discourse in British Columbia provideda forum in which the relations between in femalerespectability and urban space were negotiated. As I argue,womanly virtue was fundamentally bound up with the space ofthe home in early twentieth century Vancouver, while spaceoutside the home was conceptualized by some as antithetical tofemale respectability. I assert that these associationsproved damaging to women enmeshed in legal struggles, ashighlighted by selections from trial transcripts; though atthe same time women also both resisted these place-basedunderstandings of respectable womanhood, and used them to1 BCARS, BR 419 V.244 #107 p.17.CDC)hhHhL.1H,C)c1-Q5U)<CD‘<h0CDJH,d-CDCDUC)H-FtCDFtCDCl)dtCr)Cl)PSU)H-C)U)l-l-CDIIiCDLJ()Ftl—CDCt)U)tQCl)CDU)FtQQFtCDhCDH0CDHU)0CDFtSP.CliCliQ-L’JU)CDCl)l-I-QD0CDCl)H-H-H-U)H-0tQCDU)H,l-FtH-U)C)HiU)FtH,Q5U)c,•)Clil-0H-C)Cl)H-CliFtQH,H,H-0C)0CliCDC)LiFtU)FtH-U)R’H-ti0QrtSCDHFtH-0C)CD0FtLiU)HC)0Cl)Cl)Q0CliCl)><U)FtCDLiLJCDCDU)0k<Z01QU)U)FtHCl)CDFtU)Cl)H,CDCDU)FtCl)H,FtIIU)lFtU)QFtCl)5CDCl)CDH-HCDC)JCDH-CDHZCDFtH-CDH-QCDFt0CDC!)H-U)U)‘-<l-CDCD—QFtFtH-FtCDU)Cl)‘<I-Ft0tCD0CDCl)FtC)-U)U)hFtFtHtCDU)CDQH-U)0CDH-H-tQH-Q.Cl)FtCDU)H-Cl)H,5(-QC!)hH-U)CDC)CDU)FtH-C)H,CDH,H,H-CDU)HI-H,tQI—’CDFtU)CDFtFtHH-Q0CD0<CDHFt0QCD0CDFtClH-Cl)QZ=C)Cl)I-H-hCD50LiCDCD‘-CDCDCl0hFt<CDCl)H-Cl)Cl)C)CDFtClU)Qh5H0ClU)0CD-<CDCDFtH,CDI<<l-FtH-‘.iH-hH-Cl)l--U)H-CD0CDCDH-C)C)Cl)bFtFtQHCl)QCl)0‘U)0‘-QCDSCl)U)H00FthClU)U)H-‘dCl)CDCDCl)hH,CDHHCl)ZC)HFtCl)FtCDlClCDk<-CDClCDCl)U)tCDU)H-H-LihFttFtH,Q0ClCD-Cl)LiCDFtFtC)H-Cl)Cl)H-H,HSU)Cl)0CD0C)FtHFtCD00H-Cl)H-FtH-LiCDHCDQ.Ft0Cl)5l-Ft0U)hCDC)FtHCDCDH--<H,H,CDH-0-0U)U)H-ClFtH,ciCD‘-<CDS<Cl)H,Cl)H,FtC)l-’tH-(-QCDCl)-‘Ft0I-CDJCl)U)Cl)-rj0CDC)HFtHCl)C)SCDCl)H-U)H-5HCD‘dH0Cl)Ft0Cl)FtIiU)U)Cl)Cl)I-Cl)H,C)-H-HH51)CDCl)=Ftt0ciCDciCDU)ii0HHCCl)FtoFtU)H-5C)U)ciHCDHH-0Cl)H-U)I—’U)U)Cl)Cl)Cl)H-ciC)‘-<0C)CDCDH-ciIFtC)FtiFt-QQH-CD0H-Cl)h’FtFtCDH-CDH-F-’-H-th3<00-U)ClH-0HDFtHCDCDCDH-ciIIH,Cl)H-Cl)C)3<FtCl)H-ClU)CDHH,FtCl)C)0C)0CDCDC)00I—’H-HU)HH-ci0tCl-<Ft5H-H,HCDjC)tCDdCl)l-U)0CDciHH-U)H-CDU)FtF-’-‘lU)-U)Ftl-C)U)Ft-Ft0Cl)FtU)FtH-CDH,CDCl)FtH,CDH1FtH-CDCl)1C)l-H-CD<C)Ft=CDCl)Cl)CDClCDCDU)C)ClCDH72By the early twentieth century in the West, no othersingle event had had as widespread, or as profound, an impacton the conception of ‘the street’ as a space of danger forwomen as the ‘Jack the Ripper’ murders, occurring in London in1888. Over a ten week period, five women were murdered anddismembered within the district of Whitechapel, East London,during what has been remembered as the “Autumn of terror”.2These murders all took place at night, and all producedgrizzly results but few clues. They also captured the Londonmedia attention, which in turn provided ample representationsof the events for horrified yet mesmerized readers.As Judith Walkowitz has outlined in her consideration ofthe ‘Ripper’ murders, images of Whitechapel figuredprominently into media representations of the events. Thisworking class neighborhood, she argues, was variouslyconstructed as menacing, alien, and foul. One penny paperidentified Whitechapel Road as the “portal to the filth andsqualor of the East”, while the Daily Telegraph told how“Turning into a side street, one was ‘plunged’ into the2 Judith R. Walkowitz, City of Dreadful Delight: Narrativesof Sexual Danger in Late Victorian London (Chicago, 1992),pp. 191-228.73Cimmerian darkness of lower London”.3 Through such salientrepresentations, Whitechapel was firmly tied to the socialevils that occurred there.The danger one could expect on a trip to Whitechapel waslikewise made clear in media portrayals of the events.Newspapers warned that: “aggravated assaults, attended byflesh wounds from knives, are frequently met with, and men andwomen become accustomed to scenes of violence”, while upper-class readers were advised that “it may be well to tuck out ofview any bit of jewelry that may be glittering about”. Imagesof Whitechapel as a space of rampant illicit sexual activitycame to the fore as well, through descriptions of locales suchas Dorset Street (nicknamed “Do as You Please Street”) whichwere identified as popular venues for poor prostitutes (or“four penny knee tremblers”) to ply their trade.4One of the key elements captured by reports of the“Ripper” murders was the widespread fear among (at least)London women, of being out alone at night. News reports, forexample, speculated over to the identity of the killer and theDaily Telegraph, 10 September 1888 & East LondonObserver, 27 July 1889, quoted in East End Underworld: Chaptersin the Life of Arthur Harding, Ed. Raphael Samuel, (London,1981), p.110; “The Curse upon Mitre Square”, quoted in DanielFarson, Jack the Ripper (London, 1973), p.99.East London Observer, July 27th 1889, Quoted in Ibid,p.194.74profound fear produced by the ‘ripper murders. As one longtime Whitechapel resident recalled after a near sighting ofJack the Ripper: “I was terrified to put my head outside thehouse for days”.5For as much fear these murders caused among prostitutesand other working poor women who lived in London’s East End,however, unease over traversing nighttime streets was notrestricted to these women alone, nor only to women livingwithin the spatial boundaries of Whitechapel. Though somemiddle-class women argued that the Ripper wouldn’t harm‘respectable’ women, based on the fact that all his victimshad been prostitutes, many others had their doubts. Onefemale secondary school teacher who lived in London’s West Endat the time, for example, recalled “how terrified andunbalanced we all were by the murders. It seemed to be roundthe corner, although it all happened in the East End and wewere in the West. .even so, I was afraid to go out after dark,if only to post a letter.”6The “Jack the Ripper” narrative of sexual danger gainednotoriety and an eventual legendary quality as news of theR.J. Lees, the Jack the Ripper Case: Society for PsychicalResearch Archives, London. In Walkowitz, City of DreadfulDelight, p.283.6 M.V. Hughes, A London Girl of the 1880’s (London, 1978)p.145.75Woman-slayings in London’s “Evil” East Side seized mediaattention around the world.7 Through the cable service and inthe cultural lexicon of English colonialists, the events atWhitechapel, coupled with the numerous retellings,speculations and interpretations surrounding them, wererendered the most notorious set of sex-crimes in the Englishspeaking world.In British Columbia, the Whitechapel Murders were trackedby papers in Victoria and New Westminister from mid-Septemberto late November of 1888. The “Victoria Daily Times”, forexample, kept readers gripped with headlines such as “More ofthe Whitechapel Horrors- the Bloodhounds Lost”, “TheWhitechapel Horror-Horrible Discovery in a Water WorksReservoir”, “Another Letter From ‘Jack the Ripper’, says hewill be at work Again Soon”.8 As the events in London wereunfolding, British Columbians kept abreast of recent turns.According to an October 2nd article, “London is in a fever ofexcitement and the denizens of Whitechapel are in a state ofterror tonight owing to the resumption of the horriblebutcheries”. In addition to vivid descriptions of themutilated bodies of the victims, this article also makes noteof the social positioning of these individuals. In “placing”the “unfortunate creatures whose calling has manifestly madeIbid, p. 227.8“Victoria Daily Times”, Oct. 19, Nov 10 &22.76them the objects of the inhuman butcher’s fury”, it is notedthat “The two women found murdered. . in Whitechapel last nighthave been recognized as dissolute characters who have longfrequented that vicinity”.9The “Jack the Ripper” story came to form a widespreadknowledge about what could happen to women in public places atnight, though specific interpretations of the events certainlyvaried between individuals and groups. For example, thesemurders were likely understood very differently by working-class women living in Whitechapel than by British and Americancriminologists, psychologists and ‘sexologists’ who theorizedthe events in pages of professional and academic journals.’0Public reaction and doumented speculation about theWhitechapel murders produced wide ranging, often contradictoryunderstandings of the events. While acknowledging themultiplicity of meanings it would be possible to read into thekillings at Whitechapel, I would like to highlight twointerpretations which are of particular relevance tounderstanding attitudes about womens’ use of urban space. AtIbid, October 2nd.10 For examples of the American professional response see:Kiernan, James G. “Sexual Perversion and the WhitechapelMurders” Medical Standard 4, #5 (Nov. 1888) pp.l29-13O #6 (Dec.1888), pp.170-171 and Spitzka, “the Whitechapel murders: TheirMedico-Legal and Historical Aspects” The Journal of Nervous andMental Diseases, 13, #12 (Dec 1888), pp. 765-778. Likewise,British professional responses include: “The WhitechapelMurders” British Medical Journal (8 Dec. 1888).77best this discourse worked to validate the restriction ofwomen’s access to urban space at night, while at worst itlocated blame for the murders on the victims themselves. Thesemessages can be conceptualized two ways: (A) Women walking onstreets at night are in danger of violent, sexual attacks.This understanding was based on non-differentiated category ofwomanhood, and thus associated nighttime streets as a space offear and danger for jJ. women. Fear expressed by middle- andupper-class women in response to the Whitechapel murders werebased on this view.This analysis competed in the popular press with a morespecific, far more insidious interpretation which could besummarised thus: (B) Only disreputable women on streets atnight are in danger of being attacked. Those who subscribedto this interpretation focused on the fact that all of theslain women had been prostitutes, and thus sought to lay‘honest’ women’s fears to rest.’1 Such an interpretation wasbased on a particular set of assumptions. First, likeinterpretation (A), it differentiated the space of the homefrom the space of the (nighttime) street, and identified the“ As one female correspondent reported to the Ripperinvestigations taking place at Bradford Police Court on October10th 1888: “respectable women like (my)self have nothing to fearfrom the Whitechapel murderer.. (he) respects and protectsrespectable females” From Rumbelow, Donald Complete Jack theRipper, (London, Ward Lock, 1987), p.101. In ibid p. 224.Walkowitz then adds: “This was, of course, the line taken bypolice officials, who expressed amazement at what they regardedas the widespread female hysteria over the murders” Ibid. p.224.78latter as a space of potential danger. Second, and unlike theprevious interpretation, it differentiated ‘honest’ women from‘fallen’ or disreputable women. Finally, it associateddisreputable women with the fearful space of the nighttimestreet. In this arrangement, women who have been sexuallyattacked in public spaces are rendered disreputable. Iexplore this association at greater length throughout the restof this chapter.To the citizens of nascent British Columbia, nearly 90%of whom claimed British origin by the 1920’s, Whitechapel, andthe events that took place there in the Autumn of 1888 wouldhave been a common reference point in the geographicalimaginations of the (particularly female) populace.’2 Nearlyfifteen years after the “Autumn of Terror”, for example,headlines as: “Jack-the-Ripper Murder at Revelstoke” gracedthe pages of the Daily Province (subcaption: “fiendish crimeoccurred yesterday when japanese woman was victim--mutilatesin revolting manner--the police are non-plussed”)’3 While insome ways the women and men of fledgling Vancouver werebuilding a city from the ground up, social ‘rules’ andexpectations about how and by whom urban space was to be used12 Sixth Census of Canada-Bulletins 1-21--Published byAuthority of the Honourable James A.Robb, Minister of Trade andCommerce. R.H. Coats, Dominion Statistician, Dominion Bureau orStatistics, Ottawa, E.S. Macphail, Chief Statistician forPopulation.‘ Daily Province, April 20th, 1905, p.1.79would have been shaped by past experiences and practices.Just as ‘home’ was linked in Victorian thought to femalevirtue; public streets, especially at night, would likely havebeen understood as distinctly male space in the youngmetropolis, at least by the Anglo-Canadian majority. In-turn-of -the-century New York, for example, Cathy Peiss has notedthat “Urban spaces such as cigar stores, barber shops, andstreet corners were colonised by men as hangouts forsocializing and relaxing”.’4To women, especially those in the middle- and upper-classes, many of these ‘male- colonised spaces’ would havebeen understood as potential cites of danger, as places toavoid. In the remainder of this chapter I will argue not onlythat connotations of ‘forbiddenness’ were generalized to awide variety of public venues and activities in youngVancouver, but that within legal discourse the mere fact of agiven woman’s use of such ‘non-sanctioned’ public space couldthrow her reputation, and thus her credibility, into question.II. PUBLIC SPACE AND FALLEN WOMANHOODIn her book Vision and Difference, art historian Griselda14 Kathy Peiss, Cheap Amusements: Working Women & Leisurein Turn of the Century New York, (Philadelphia, PA, 1986) p.17.80Pollock addresses how gender has been represented (andreproduced) in modern art.’5 She does this in two ways, byconsidering the inter-relations of gender, space, and class;and in turn, by considering how such concepts have beenrendered in paintings by male and female artists. In herchapter “Modernity and the Spaces of Femininity”, Pollock usesspace as a central theoretical matrix, and identifies threespatial modes or ‘dimensions’ for further exploration: thespaces that are and are not represented in paintings of modernlife; the way space is organized within the paintingsthemselves; and the politics of social positionality whichrender given spaces open or closed to a given artist forviewing and painting. Pollock argues that both the choice ofsubject matter, and arrangement of space within paintingsproduced by women artists in the modern age have beencategorically different from those created by men. Shefurther argues that social rules about where respectable womencould and could not go has been a central determining factorin the representations these women artists have made of theirworlds 16In her investigation of the relations between social15 Griselda Pollock, “Modernity and the Spaces ofFemininity” in Vision and Difference (London, 1988) pp.50-90.16 Though she does not restrict her discussion of therelations between respectability and bounded social space toonly artists.81position and spatial practice, Pollock takes up the notion ofsocial space as divided into ‘public’ and ‘private’ realms,echoing the Victorian ideology of “separate spheres”,discussed in the introduction. These spheres referred to thepresumably natural division between home and public life, adipole which has come to stand for a long list of would-beoppositions, notably male/female, work/home, paid/unpaidlabour, and public/private space. Though recent scholarshiphas brought a far more nuanced interpretation of the degreeand kind of separateness between women and men in Victorianand post-Victorian societies, this dipole persists, eventhrives as a conceptual springboard, particularly amongfeminist scholars, for its utility in uncovering gender-basedpower imbalances of various kinds.While she resists a rigid interpretation in which allpublic space is barred to honest women, noting that suchactivities as boating, going to the theatre and for drives andpromenades, among other activities, have been accepted andeven encouraged for women in ‘polite’ society throughout thenineteenth and twentieth centuries, Pollock emphasizes thatconceptions of bourgeois femininity have been centrally basedon socially- mediated restriction of access to many urbanpublic spaces. In describing how the limitation of access tocertain spaces has worked as a mechanism by which bourgeoiswomen have come to know their femininity in the modern age,82Pollock asserts that:As both ideal and social structure, the mapping ofthe separation of the spheres for women and men(and) the division of public and private waspowerfully operative in the construction of aspecifically bourgeois way of life. It aided theproduction of the gendered social identities bywhich the miscellaneous components of thebourgeoisie were helped to cohere as a class, indifference from both aristocracy and proletariat.’7How would such barred spaces be known in a place likeearly twentieth century Vancouver? I submit that a roughguide to barred, public space would begin with places thatprovided venues for the sale of sexed-bodies and opportunitiesfor sex outside of marriage; such as nighttime streetsdowntown, cabarets, brothels and, potentially, cafes and dancehalls. The sale of sexed (female) bodies has long markedcertain spaces as off limits to virtuous women. In earlytwentieth century British Columbia, influenced as it was bypost-Victorian middle class notions of gender, the female bodyin modes other than virginity or motherhood would have posed athreat to bourgeois notions of both femininity and the nuclearfamily. 1817 Pollock, Vision & Difference, p.68.18 One way to understand the vehemence with which abortionwas punished is that if having children was sacred, choosingabortion must therefore indicate wickedness and/or a derangedmind. This attitude is epitomized in the acidic remarks ofAlexander Skeene. Commenting on the status of American womenin 1905 he remarked: “Nature fortunately kills off the woman whoshirks motherhood, but unfortunately it takes her a generationto do it”. in Deborah Rhode, Justice and Gender, (Cambridge,Mass, 1989), p.203.83Fears over the sullying of such ideals reinforced, andwere reinforced by, the simultaneous glorification of a)motherhood, and b) criminalization of sexual practices whichfell outside what has been called the “reproductiveeconomy”.’9 Sex outside such an economy challenged women’srole as childbearers, and could, potentially, reposition womenfrom objects of others’ desires to subjects of their own: thusposing a revolutionary challenge to Victorianconceptualizations of women as incapable of sexual agency orpleasure.In turn, how are ‘fallen’ women known? Such labels as‘fallen’ and ‘respectable’ cannot be taken as naturalized,pre-existing categories, but rather, their meanings arerealized through a process of social negotiation. One waythese meanings are determined, I argue, is through particularways of using urban space. As respectable women are knownthrough their avoidance of certain spaces, so are ‘fallen’women known by their presence in the same. As Pollock notes:For women, the public spaces thus construed werewhere one risked losing one’s virtue, dirtyingoneself; going out in public and the idea ofdisgrace were closely allied.. .to maintain one’s19 By this I mean intercourse between married men and womenfor the purposes of procreation. The following does not addressprostitution. For a critique of the historical erasure offemale sexual pleasure see Paula Bennett, “CriticalClitoridectomy: Female Sexual Imagery & Feminist PsychoanalyticTheory,” Signs Vol.18 #2 Winter 1993, pp.235-256.84respectability, closely identified with femininity,meant not exposing oneself in public.20In this configuration ‘public space’ becomes a code wordfor the sale of sex and other sexual exchanges outside thebounds of heterosexual marriage and nuclear families: theoccupation of such space by a given woman thus becomes acodeword for her fallen status. Put another way, the “dread”associated with nighttime-spaces outside the home could beunderstood two ways: if a given women alone on the street atnight is not in danger, she must therefore be dangerous.Indeed, the clustering of arrests for sexual violence servesto powerfully underscore this linkage in Vancouver (SeeAppendix iv for documented locations of sexual violence)III. CONSTRUCTIONS OF “FALLEN” WOMANHOOD IN COURTThus far I have suggested that female virtue was defined,by many early twentieth century British Columbians, in partthrough an individual’s use, or avoidance, of particularspaces. This section concerns how this linkage betweenpublic space and fallen womanhood was used in legal strugglesduring the early twentieth century alternatively as a means ofstrengthening, or casting doubt upon, a female witness’scharacter. While some women “paid the price” for frequentingplaces associated to fallen womanhood; others, by distancing20 Ibid, p.69.85themselves from such places, were able to convince jurists oftheir virtuous nature and relocate blame for a sexual attackon the defendant.I should note that my project here has not been toascertain whether activities that could lead to “fallen”status actually occurred in specific public places. Indeed,irrespective of what did or did not happen in dance halls,amusement parlours and bootleg joints, it is reasonable tosuggest that many young women who frequented these places sawtheir actions as a form of resistance to parental control andsocial convention. Rather, my aim is to show how place wasused as a sort of code for female respectability in legalstruggles. I argue that women’s use, or avoidance, of spacesoutside the home was used in cases of sexual violence to ‘fix’female witnesses as either virtuous, and thus deserving oflegal retribution, or suspect, and thus responsible for theirattack.A central figure in Victorian and post-Victorianconceptualizations of gender roles was the “Woman-of-theStreets” or prostitute. Notes Stansell: “For labouring peopleas well as bourgeois moralists. . .prostitution was closelylinked to ‘ruin’, a state of affairs to be avoided at all86costs”.2’This figure was characterized by her lack of‘restraint’, through sensibilities which could equally beexpressed in attributes such as ‘impropriety’ or ‘imodesty’.By subtly inferring behaviours associated to prostitution,defense attorneys in early twentieth century courts in BritishColumbia capitalized on juries’ notions of where women wereand were not supposed to be, thus casting doubt on a givenwoman’s character.22 One important way in which this issuewas broached was through queries into a witness’s occupationof public space.Consider the following case of carnal knowledge heard in1923.23 In this case, two 17 year old women claim to havebeen raped by three men while downtown on Hastings St. late atnight. In the course of the cross-examination the defenseattorney asks of one women:Q: You do not think it is a very proper thing for younggirls to go out after midnight to bootleg joints,drinking, do you?A: No sir.Q: Why did you do it, because you did not care?21 Christine Stansell, City of Women”: Sex and Class inNew York 1789-1860, (Urbana and Chicago, 1987), p.175.22 Interestingly, a placed-based understanding of fallenwomanhood even appears in Canadian Criminal Codes for this time.In 1915, for example, a woman could be charged with vagrancyfor “being a common prostitute or night walker, wanders in thefields, public streets or highways, lanes or places of publicmeeting or gathering of people and does not give satisfactoryaccount of herself”. Sec. 238 Criminal Codes of Canada-1915,section 238.23 BCARS, Government Records #419, V.265 4422.87A: No sir.Q: You knew it was not right?A: Yes sir.Q: And still you did it?A: Yes.Q: And you went and repeated it last January, stayed outuntil one or two o’clock, drinking?A: Yes sir.Q: You still had the same idea it was not a very nice thingfor a decent girl to do?A: Yes sir.Q: And you know that men would regard that in the same?A: Yes.Q: These men did not treat you as though you were decentgirls?A: They certainly did not.Q: You cannot blame them very much, if you stayed out thatlate at night.A: No sir.24In early twentieth century courts in British Columbia,defense attorneys often used such phrases as “improper”“immodest” or “imprudent” to signal a women’s occupation ofcertain public spaces. Due to the association between certainpublic places and fallen womanhood on which this attorney’sline of argument is based, this woman’s character is placed inquestion. As the next two cases suggest, however, others wereable to utilize popular conceptions of the geography ofwomanly virtue to their advantage, extracting themselves fromimmoral landscapes and the loss of respectability theyentailed.As evidenced by the following excerpt from a case ofseduction heard in 1923, the association of public space (in24 Ibid, p.74-79.88this case dances), and fallen womenhood could be alluded to inorder to position a given witness as a ‘good’ girl. Thefollowing exchange sketches part of the examination of a keywitnesses’s mother by the prosecuting attorney. In it, heseeks to position her daughter, the key witness whose case heis advancing, as virtuous and wholesome.Q: What was her character?A: Her character--- we always found her characterstraight... She was a girl who was fond of amusement likea great many young girls are--- but perfectly straight asfar as that goes.Q: You spoke about her liking a good time. Did she go todances?A: No, sir.Q: What do you mean by ‘liking a good time’?A: Well, she was fond of her friends.Q: Girl friends or boy friends?A: Well, I don’t know that she was very fond of boy friends.She had no company to speak of.Q: Alright. You are quite sure she had not been to dances?A: Well, she was not accustomed to going to dances. . .theyhad little parties at home, but not public dances.25This tactic is echoed in the following case of carnalknowledge heard on June 5th 1915.26 This case details thetrial of Roger Barett for the repeated rape of his niece,Margaret who had come to Vancouver to work and was thus livingwith her Aunt and Uncle on the North Shore. Margaret was 16years old at the time of the trial. According to Margaret,her uncle had raped her several times over the previous six25 BCARS, GR 419 V.266, #25, pp.4-5.26 BCARS, GR #419, V.201, #80.89months. When queried as to why she waited so long beforetelling her Aunt what was going on Margaret testified: “I wasafraid people would look down upon me if I told them, if Itold any body else I was afraid they would not believe me”.27The case the prosecuting attornies Donald Downie andRobert Cassidy sought to establish in this case turned on twopoints. First, although Margaret was young and working, theyemphasized that she conducted herself in only the mostrespectable ways, avoiding places and activities that couldhave tarnished her reputation; and secondly, although RogerBarett and his wife were not Margaret’s parents, theynevertheless exerted considerable control over her actions,and it was out of respect and piety that Margaret did not makeher accusations public sooner. In the introductoryexamination, Council for the prosecution queried Margaret:Q: You have stated that you were working. You were aroundtown good deal by yourself, were you not?A: No sir, I worked three days a week and the other days Iwas at home.Q: Where you at liberty to go out of the house whenever youliked?A: No, I was never allowed out without them, not at all.Q: Your uncle and aunt both exercised control over yourmovements did they?A: Yes.28Further on, character witnesses reinforced the image of27 Ibid, p.22.28 Ibid, pp.18-23.90Margaret as domestic and virtuous. Consider the testimony ofEdward Ingham, a fisherman who also lived on the North Shore:Q: You know Margaret Barett?A: Yes, ever since she came here.Q: What is her character?A: She is a very quiet girl. Never had a chance to beanything else. She has always been kept at home.29Later, Downie examined a Mrs. Woolridge, whose relationship tothe Baretts is unstated. Woolridge reported:Q: You knew this girl was working?A: Yes.Q: You didn’t understand that she was under any control byher relatives there, did you?A: Well, I knew they kept her very much at home.COURT: Did they control her movements?A: Yes.Mr. Downie: Didn’t you understand from what you knew of theirrelations that she was quite independent?A: No, not at all.3°The jurists in this case agreed on a verdict of guilty forRoger Barett for the charge of carnal knowledge against hisniece Margaret.In this chapter I hope to have shown how certain kinds ofspaces in early urban Vancouver were inscribed with genderedmeanings, particularly through the workings of legal29 Ibid, p.11.30 Ibid, p.32. Nevertheless, when reminded by one of theattorneys that “the effect of this case would be to send youruncle, for a long term, to the penitentiary, if he were foundguilty”, She simply responds: “I think he would need to bethere” (Ibid, p.14)91discourse. Chapter four will address the ways in whichnotions of “home” were constructed in legal discourse tosignify womanly virtue and respectability. The earlytwentieth century was a time social relations in Vancouverwere undergoing great changes, changes that led to a generalre-working of Vancouver’s social geography.One of these changes was the trend of young women leavingtheir homes to find work in the city. As historians haveremarked of this transition elsewhere, the thought of youngwomen living in cities beyond parental control brought on asense of panic within the reforming class of the day.3’Though the renegotiation of living arrangements thistransition required did bring certain social and sexualfreedoms young working women, these freedoms were not ‘won’without some hardships.As the contours of ‘socially acceptable’ behaviour wereredrawn, (and redrawn differently within the working andmiddle classes) respectability remained an importantbargaining chip in social relations. As more and more womenbegan living on their own, the notion of ‘home’ as a virtuous,wholesome place only became more potent. As the next chapterillustrates, for young women living beyond the ‘protection’ of‘ Joanna Horowitz, “Sexual Geography and Gender Economy”in Gender and American History Since 1890 (London, 1993), CathyPeiss, Cheap Amusements & Christine Stansell, City of Women.92their nuclear families, drawing on the virtue and innocenceassociated with domestic life was a crucial move towardsecuring one’s respectability, and thus credibility, in earlytwentieth century legal discourse in British Columbia.93North side of Hastings Street, West of Hamilton Street, 1905.Philip Timms photograph. Vancouver’s First Century: A City Album1860-1960 (Vancouver, 1977), p.48.0(‘5(‘5ci)-I-)Cl)ci)cl)HE0G)0cl)0.iJ(15U)>r100H-riH--HG)-Hci)“--1I-flmH(‘5C)C).1-)-ri4)rd(‘5-IJCl)Cl)ci)zm0Cl)ci)C-)0-H/A-I-a)4JJa)t1)(V1)tJ)I—Ical—ItTIH.1-joH>DoCrd.1J-dr-1-ii.rIL14Oo-I-I0Ha)Ha)p4-H-H[J\ZY>00H96CHAPTER FOUR:“HOME” AND CONSTRUCTIONS OF FEMININITY IN EARLY URBAN VANCOUVERWhile the previous chapter explored how the use of urbanspace was linked in early twentieth century legal discourse to“fallen” womanhood, this chapter focuses on the ways in which“home” was reified as a source and loci for womanly virtue inVancouver at this time. To do this, I have centered on fourthemes. Part one considers a BC Statute passed in 1919 which,through the rhetoric of protection, explicitly restrictedwomen’s use of certain public space. Part two illustrates how“home” was positioned as the appropriate, moral space forwomen in texts from legal discourse, as well as in thestatements of numerous reform organizations at this time.Part three, drawing on examples from case law, offers ananalysis of how individual women made used of this associationbetween home and womanly virtue to create legal advantage forthemselves in cases of sexual violence & domestic abuse.Throughout this chapter and the previous one, I havetouched on the fact that, in many ways, the associations Idiscuss between womanly virtue and spatial boundaries wereproducts of late ninteenth and early twentieth centurybourgeois existence. By suggesting that these notions werepatterned on bourgeois conceptions of self and propriety I donot deny that women, (and men) from other social positions97were not affected by them; on the contrary, these notionsinformed standards and ideals against which individuals fromall classes were judged in early twentieth century courts.While bourgeois conceptions of femininity may have beenprominent in legal discourse at this time, they cannot betaken to reflect a coherent, monolithic interpretation ofsocial relations. To address this issue, the fourth sectionof this chapter offers a brief discussion of ways in whichboundaries of respectable and fallen womanhood wereinterpreted differently by working class men and women thanthey were by members of the bourgeois.I.AN ACT FOR THE PROTECTION OF WOMEN AND GIRLSBetween the turn of the century and 1920 in Vancouver,people came in large numbers to populate this new city .‘ Asnow, Vancouver at this time was a racially segmented place,composed of Japanese, Chinese, Natives, South Asians andothers. Further, as the ratio of women to men began toapproach 50/50, these numbers were exceedingly lopsided interms of racial representation. Largely as a result of thefact that neither Chinese nor South Asian male workers wereallowed to emigrate with their families, the vast majority of1 Seventh Census of Canada: Queen’s Printer, Ottawa, 1931.Al v:2, p.160.98non-white people in British Columbia at this time were male.2The following Act, passed by the Provincial legislaturein 1919, was but one attempt to organize and control theindividuals in this fluid social topography. The Act for theProtection of Women and Girls in Certain Cases mandated that:No person shall in any municipality employ in anycapacity any white women or girl or permit any whitewoman or girl to reside or lodge in or to work in,save as a bona-fide customer in a public apartmentthereof only, to frequent any restaurant, laundry,or place of business or amusement owned, kept, ormanaged by any Chinese person.- Statutes of the Province ofBritish Columbia, 1919 printed by William H. Cullin, Printerto the King’s Most Excellent Majesty, chapter 63.From its initial proposal in 1919, this act became anobject of heated controversy in British Columbia. VariousChinese-Canadian citizen groups protested this bill in thedebates of the Provincial Legislative Assembly, while the B.C.Attorney General answered many letters in which he qualifiedand explained the act to his sometimes bewildered, sometimes2 By far the two largest non-white ethnic groups in BritishColumbia were Chinese and Japanese, though due to certain anti-Chinese immigration policies, very few Chinese women wereallowed to enter the country. In 1921, 5,900 Chinese menresided in the province as compared to 600 Chinese women, while2,500 Japanese men, compared to 1,700 women, were allowed toimmigrate. Sixth Census of Canada- Bulletin 121-Published byAuthority of the Honourable James A. Robb, Minister of Trade andCommerce. R.H. Coats, Dominion Statistician, Dom.on Bureau ofStatistics, Ottawa, E.S. Macphail, Chief Statistician forPopulation.99angry constituents.3 In 1923, the act was amended so as toapply to “Indian” women and girls as well as Whites, but thisclarification did not end the controversy.4Eastern Canadians, in particular, did not understand orapprove of this discriminatory piece of B.C. legislation.Though the “Women And Girls Protection Act” was a ProvincialStatute and not under the jurisdiction of the dominion,pressure was nevertheless brought to bear on members of the BCparliament through letters and telegrams from Offices such asthe Chinese Counsul-General in Ottawa and others.5 Inresponse to such pressure, the sigular gaze of the “Women’sand Girl’s Protection Act” was ammended in January of 1921such that its stipulations applied to all restaurants, notsimply those run by Chinese. As Provincial council memberWalter Rollo explained to correspondents from the TorontoEvening Telegraph, “We can’t discriminate against theNote that Journals of the Legislative Assembly from thistime remark only that a given group or individual spoke, notwhat they said. (in this case, for example “Chinese SocietiesOpposing” is the extent of the reference) Journals of theLegislative Assembly of the Province of British Columbia:Victoria, 1923, Bill 14, pp. 138, 230, 234, 240; BCARS AttorneyGeneral’s Files and Correspondence, fiche-film 2208, M-170.Indian, that is, according to the Indian Act. For thepurposes of this thesis I use the term Native. Statutes of theProvince of British Columbia 1923: Printed by William H. Cullin,Printer to the King’s Most Excellent Majesty, Victoria, 1923, c.63.BCARS, D.A.’s Files & Correspondence, microform file 2208-M-170-57-4.100Chinamen.. We will make it compulsory for [all] restaurantkeepers to apply to the municipality in which they areoperating for a license to hire white girls”. In this way,“The municipality will then be able to exercise its discretionin giving licenses”.6While this measure may have gone some way to quietingcritics, such amendments did little to change the way theProtection Act was administered in British Columbia. InOctober of 1926, Barrister Skaling of Kamloops wrote to DeputyAttorney General A.M. Mason in Victoria, to inform him thatseveral local Chinese restaurants had been deemed “unfit forwomen or girls to work at” (he does not specify White women).Skaling explained to Mason that “it is felt that it is not intheir best interests, nor in the best interests of the public,that such girls be employed by such restaurants (Emphasismine)In British Columbia at this time, race was a salientfeature of everyday life. Moreover, the problems of raceseemed especially acute in Vancouver, where the non-whitecitizenry was so overwhelmingly male. Similar to the ways6 BCARS, D.A.’s Files & Correspondence, microform file2208-M-170-57-8.BCARS, D.A.’s Files & Correspondence, microform fileB2369—W275.101South Asians from India were viewed and treated, individualshailing from China and Japan living in British Columbia atthis time were likewise viewed with disdain, distrust, andsuspicion.The Women and Girls Protection Act identified aprivileged subject, the White and (later) “Indian” woman, anda space which allegedly posed a threat to her: restaurants runby the Chinese. Here racist fears of the Chinese came intosharp focus. In Chinese restaurants, laundries, and otherChinese-owned businesses, women would have been exposed to‘indecencies’ that were commonly associated with the Chineseand Chinatowns: opium dens, brothels and sweat shops. Byidentifying certain space as sites of potential danger forwomen, because of the possibility of racial mixing withinthem, this act worked to codify, based on racial entitlement,spaces that were off-limits to “respectable” women.Only some women, however, were seen to need thisprotection. The act explicitly protected White and laterNative women, but said nothing about Chinese, Japanese, Black,or East Indian women, or women of any other racial categoryone might have chosen.8 The failure of the Women and Girl’sThe addition of Native women to this list owes far moreto the paternalistic stance of English Canadians to Natives inBC than to the concept that white and Native women were in someway equal.102Protection Act to recognize any females who were neither whitenor native suggests not only the marginality of theseindividuals, but, I would suggest, raises the awkward questionof whether such females were in fact seen as “women” withinlegal discourse. In this way the Women and Girls ProtectionAct can be seen as part of a widespread phoenemenon in earlytwentieth century British Columbia: the will to ghettoize,occlude, or ignore non-white peoples.Although this Act was heavily criticised for its racistovertones, no contemporary complaints were made (or none thatI have found) condemning it on sexist grounds. A partialexplanation may be an indication of the degree to which legalpaternalism was taken for granted. Through criminal laws likethose prohibiting seduction and defilement, legal discourseconstituted women as weaker vessels whose virtue neededprotection, while Provincial statutes like the “AbandonedWives Maintenance Act” recognized and reinforced this idea offemale dependency.9 The Women and Girls Protection Act echoeda pervasive sense of who the ‘women’ were, and where theyJames Crankshaw. The Criminal Code of Canada and theCanada Evidence Act: The Carswell Co., Ltd. Law Publishers,Etc., Toronto, 1915 secs. 210-218; “Abandoned Wives MaintenanceAct” Statutes of the Province of British Columbia 1911: Printedby William H. Cullin, Printer to the King’s Most ExcellentMajesty, Victoria, 1923. c. 61. The paternalism of thenineteenth century legal system in Canada is discussed much morefully in Constance Backhouse, Petticoats and Prejudice: Womenand the Law in Nineteenth Century Canada: The Women’s Press,Toronto, 1991.103should be. White and Native women needed “protection fromChinese employers outside the home, but not from Chineseworking as servants in the home. Another reason could havebeen that the White and Indian women losing their jobs atChinese restaurants were not organized; these working-classwomen would have neither belonged to a union that could have(potentially) protested these restrictive laws, nor had accessto other ways of making their voices heard publicly.Particularly intriguing is the absence of challenges tothis act. Women political organizers in the 1920’s (as wellas women’s historians studying that period) have noted theprogressive efforts of middle-class reformers and theirsuccesses at winning various civil rights and reforms forwomen, including voting rights, the female minimum wage act,the deserted wives maintenance act.1° These female reformers,however, predominantly White, Euro-Canadian, and middle-class,did not protest the Women and Girl’s Protection Act becausethey shared its underlying assumptions, about the essentiallydomestic role for women, their proper place in the home, andtheir need for protection from predatory and dangerous Chinese‘° See Veronica Strong-Boag, The New Day Recalled-the Livesof Girls and Women in English Canada 1919-1959: Penguin Books,Markham, Ontario, 1988; Social Justice in Vancouver; Nellie L.McClung, Nellie L.,In Times Like These, McLeod Allen, Toronto,1915; Elizabeth Blanche Norcross, “The Decade of SocialLegislation 1918-1928 in B.C. Historical News, Vol.17, no.1(1983) and In Her Own Right: Selected Essays on Women’s Historyin British Columbia, ed. Barbara Latham and Cathy Kess,Victoria, B.C.: Camosun College, 1980.104men outside the home. These middle-class assumptions aboutthe sanctity of the home (and fear of spaces outside it) wereperhaps less influential among working-class women engaged inwage labour both inside and outside the home in order to makeends meet.” However, these women were less able to makethemselves heard both by their contemporaries and by those whopassed, endorsed and enforced the Women and Girl’s ProtectionAct.II. THE HOME AS A WELLSPRING OF WOMANLY VIRTUEWhile legislation such as the “Act for the Protection ofWomen and Girls” sought to challenge and restrict some womenfrom working in certain places, both legal texts and documentsfrom reform organizations of the period bespeak theglorification of the home. This section documents how ‘home’was idealized as a space of female virtue in such texts.Like the fear and avoidance of certain public spaces detailedin the previous chapter, positioning of the home as awellspring of womanly virtue reflects the Victorian notion of“separate spheres”.As legal scholar Deborah Rhode has said of this ideology:“The message emerging from press and pulpit alike was thatwomen, though intellectually inferior to men, were morally andStansell, City of Women: Sex and Class in New York City1789-1860105spiritually superior. Within their separate empires wivesreportedly reigned supreme”. She goes on to caution, however,that this status was contingent on knowing, and staying, inone’s place. In order to maintain this circumscribed control,“women should not stray from their ‘domestic altar’ to minglein sordid commercial or political affairs”.12Notions of Home as a feminized ‘domestic altar’infiltrated legal discourse and materials from welfareorganizations from this time, which I will address in turn.As in many other places in Canada and the U.S., the rise ofearly twentieth century reform movements prompted legislationin British Columbia designed to survey, assess, and (so wasthe hope) ensure the welfare of women and children. Suchlegislation, as exampled by the following texts, was foundedon a conception of the home as a well-spring of womanlyvirtue .The twenties have been remembered by historians as thedecade of social legislation in British Columbia. InVancouver, evidence of efforts to forge a welfare state can be12 Deborah L. Rhode, Justice and Gender: Sex Discriminationand the Law (Cambridge, Mass., 1989) p.11.13 Where material from British Columbia is scarce or notavailable on this issue, and in instances in which theorganization in question was National or International, I havedrawn on sources from elsewhere.106found in Bills and Statues from this time legislating labourpractices, public health administration, municipal functionsand temperance. The afforementioned “Women and Girl’sProtection Act”, “Neglected Children and Mother’s PensionAct”, “Minimum Wage Act” and the “Deserted Wives Pension Act”all attest to the will of Vancouver reformers to create“social efficiency” out of a place they understood as being ina state of moral and social crisis. The “Neglected Childrenand Mothers’ Pension Act”, passed in 1919, illustrates howsuch reform was articulated through a language of home.According to Sessional Paper reports, this Act was designed toaddress the: “recognition of a widely held and deeply rootedconviction that home-life and a mother’s care are of suchvalue to the proper rearing of children, that no child shouldbe deprived of their benefits on account of poverty alone”.14In the documention of reactions to this Act one year after itsinstallment it was reported that:Many were the letters of appreciation received fromthe mothers who were benefited. To many who hadstruggled on, deprived of the rightful breadwinner... (and) the double burden of providing forthe family and caring for the home. . it [the pensionprogram] seemed ‘too good to be true’ .‘As suggested by the “Mother’s and Children’s PensionAct”, one of the key ways of conibatting moral decline was by‘4 Sessional Papers-British Columbia Vol.2, 1921, Y23Ibid, Y25.107focusing state attention and resources on the home, by‘allowing’ women to fulfill their ‘natural’ role as mother andcaregiver. Although this Act did perhaps lessen the financialburdens of a select number of single mothers in the Provinceat that time, I would also suggest that by running “home-life”and “a mother’s care” so closely together, it placed the fullburden of raising respectable citizens (as well as blame fornot succeeding in this task) onto the mother. The SalvationArmy, Vancouver Woman’s Christian Temperance Union andenclaves of bourgeois benevolence such as the Canadian Cluband the prestigious “Imperial Order of the Daughters of theEmpire”, all offered their stamp of approval to this kind ofsocial reform.’6In this climate of sweeping social change, legislationand programs concerning both the welfare of children and thesystemic means for dealing with child-delinquency also grew.The Juvenile Delinquents Act of 1908, for example, marked thefirst effort to standardize institutional means of dealingwith young offenders, through a network of reform schools(called industrial schools), and a juvenile court system,complete with probation officers and detention centres.Materials from boy’s and girl’s industrial schools will beconsidered at greater length in chapter five. At this point,however, I would like to highlight the importance of notions16 Ibid, p.Y24.108of “home” in such texts.Yearly reports from boys’ and girls’ correctionalinstitutions betray a keen interest in creating the ‘right’kind of home atmosphere for the young charges. As thesuperintendent of the Boy’s Industrial School explained in1915:It is endeavoured to make the school as much like ahome as possible. Perhaps not all thoseindescribable influences of a home are found in theinstitution. . .but every possible home association isthrown around the boys, as well as other influencesfor rapid development than perhaps many of the boyswould not find in the homes they have come from.’7The idealization of home as a feminized space in legaldiscourse had both positive and negative ramifications.Making claims to feminine virtue, this notion carried with ita variety of responsibilities and expectations of the womenwho were considered creators and guardians of the home.Judgements on the success or failure of a home can be read asjudgements of the success or failure of the woman responsiblefor its creation. Thus, if, as these documents tell us, achild’s future depended so fundamentally on the quality ofthis environment, his or her fate was almost entirely theresponsibility of the mother. According to Indiana17 Sessional Papers of British Columbia, Vol.11,Superintendent’s 10th Annual report-Industrial School for BoysT7.109Matters, parents could be found “guilty of having contributedto their childs’ delinquency simply by not having prevented itin the first place”, with fines up to five hundred dollars,and up to one year in jail.’8 Through such social controls aspolice, judges and juvenile courts, class and race biasescould translate into incarceration under the auspice of“saving” children from homes that did not provide the“indescribable influences” of which the industrial schoolsuperintendent so fondly spoke.Further, Acts designed to assist women and children underduress were often understood very differently by the (oftenfemale) reformers who proposed them, and the (certainly male)administrators who were entrusted with seeing that suchlegislation be carried out. With respect to the “DesertedWives Maintenance Act”, for example, the Deputy AttorneyGeneral confided to Col. J.H. McMullin, Commissioner of theProvincial Police force: “It is a waste of time and money tobring back these so-called deserting husbands. . . If some ofthese women would make a greater effort to keep their husbandsat home, perhaps you would not be bothered so much”.’918 Indiana Matters, “Sinner or Sinned Against? HistoricalAspects of Female Juvenile Delinquency in B.C.” in Not Just PinMoney: Selected Essays on the History of Women’s work in BritishColumbia ed. Barbara K. Latham and Roberta J. Pazdro,(Victoria, B.C., 1984) p. 267.BCARS, GR 1323 B2284 D-97.110In order for a given home to qualify for this statebeneficence that home had to conform to the appropriatebureaucrat’s conception of what a good home should be. Thispoint can be underscored with a brief example drawn from theinteractions between Natives and state-commissioned IndianAgents of the Kwawkewlth Indian Agency, at Alert Bay onVancouver Island. In the Spring of 1913 a flurry ofcorrespondence between the Alert Bay Indian Agent and theAttorney General considered the issue of whether the studentsat the Alert Bay Girl’s Home would be allowed to go home for aone month summer holiday, as suggested by the Home PrincipalA.W. Corker.In his first correspondence on the matter, the IndianAgent at Alert Bay on Vancouver Island expressed his concernto the Attorney General over the possible setbacks such abreak might produce, and indicated that the matter had beendiscussed at some length between his office and the localbishop and missionaries. As he explained to the AttorneyGeneral: “The girls certainly would be better looked aftermorally and physically by keeping them in the school all year‘round, but this would have the tendency to make them lookupon the school as a sort of prison.”20 So despite hisreservations,’ the Indian Agent recommended the holiday.20 BCARS, Government Records 10, Indian Affairs, Bl917,Vol, 1654 p.75.111Three weeks later, the Attorney General respondeddirectly to Corker, the Principal of the girl’s home,indicating his approval of the summer holiday. He washed hishands of the incident, however, and stressed to Corker that inthe end the choice was his as to whether to allow a givenstudent to go home. He concluded his letter to Corker thus:It must be understood. . . that the responsibility forthe return of these pupils will rest with the schoolauthorities and not with the Department. Thecharacter of the homes of the girls should also betaken into consideration and in cases in which thesurroundings are not morally healthy they should bekept in school. You will kindly govern yourselfaccordingly •21* * *The mythologization of home extended well beyond legaldiscourses in early twentieth British Columbia. In texts fromDepartment of Agriculture’s “Women’s Institute”, for example,a organization initiated for the edification of (primarily)rural women in the Province, newsletters, magazines and talks21 BCARS, Ibid, p.103. The need to impress Natives withWhite understandings of domesticity had been expressed muchearlier. See for example the following explanation of the 1881American Indian policy by Carl Shurtz, former secretary of theinterior: “Nothing will be more apt to raise the Indians in thescale of civilization than to stimulate their attachment topermanent homes, and it is the woman that must make theatmosphere and form respect, as the center of domestic life”.William Strong. “Proceedings of the Third Annual Meeting of theLake Mohonk Conference” (1885), quoted in Dolores Janiewski.“Learning to Live ‘Just Like White Folks’: Gender, Ethnicity,and the State in the Inland Northwest” in Gendered Domains:Rethinking Public and Private in Women’s History: Eds. Dorothy0. Helly & Susan M. Reverby, (Ithaca, 1992.) pp. 167-180. quotep.167112centered on the activities of running a home; whilepublications on such topics as “The Art of Right Living inBC”, and “Influences That Make for Culture in Home-Life” wereoffered to its members.22 Further, home economics coursesbegan to be taught in schools at this time.23Idealized notions of home also infiltrated throughmaterials from early twentieth century social welfareorganizations of all stripe. Organizations such as theWomen’s Christian Temperance Union, the Salvation Army and theYoung Men’s and Women’s Christian Associations, though eachhad its particular vision of social reform, were at the sametime based in part on a strong belief in the centrality of“the home” in the kind of society they envisioned. Inparticular, the Vancouver Young Men’s and Women’s ChristianAssociation provides a fascinating insight into broad-basedreform organizations throughout the early twentieth century inNorth America. Jointly funded through state and privateresources, the Vancouver YWCA, headed by Mrs. Eleanor D.Peter, constituted an important resource for friendless,jobless women emigrating to British Columbia throughout the22 Marjoris C. Holmes, Publications of the Government of BC1871-1947 (Victoria, BC, 1950): Florence Poole, “Influences ThatMake for Culture in Home-Life,” The Women’s Institute Quarterly,Vol. 1, Number 2 (January, 1916): pp. 34-35. The topic ofWomen’s Institutes will be pursued at greater length in chapterfive.23 Barbara Riley, “Six Saucepans to One: Domestic Sciencevs. the Home in British Columbia in the 1980’s” British ColumbiaReconsidered: Essays on Women: Ed. Gillian Creese and VeronicaStrong-Boag, (Vancouver, BC, 1992) pp. 119-143.113early twentieth century.24By 1914 the Vancouver YWCA at 997 Dunsmur Street countedamong its facilities a 150 room boarding home, a travellers’aid program, and an immigration & employment bureau; and wastouted as “one of the most perfectly organized social welfaresocieties in the city and one which commands absoluteconfidence”.25 In 1913 Travellers’ Aid secretaries met 1795trains and 659 steamers, in total giving assistance to 1588travellers. Between their Dunsmuir building and annexes, theVancouver YWCA provided accommodation for 2223 persons thatyear, and directed many others to “suitable” accommodation.Meanwhile, their employment bureau found 1160 people jobs.26In its presentation to the public, the Vancouver YWCAstressed the domesticity of its services as a key factor inthe organization’s ability to adequately guide their youngcharges.24 for other references to the importance of the VancouverYWCA for single young immigrant women, see Marilyn Barber. “TheGentlewomen of Queen Mary’s Coronation Hostel” pp. 141-158 inNot Just Pin Money: Selected Essays On The History Of Women’sWork In British Columbia, Barbara K. Latham & Roberta J.Pazdroeds. Camosun College, Victoria, B.C., 1984; And Jackie Lay. “ToColumbia on the Tynemouth: The Emigration of Single Women andGirls in 1862” pp.l9-41 in In Her Own Right: Selected Essays onWomen’s History in B.C. Barbara Latham & Cathy Kess, Ed.Camosun College, Victoria, B.C., 1980.25 BCARS GR 157, Provincial secretary’s notes. box 2, file# 13 on YWCA. from 1914 Province article “The YWCA”.26 Ibid.114“The Y.W.” is, indeed, a foster-mother worthy of thename. For a small return the association findsshelter, warmth and good cheer to the young womanfar from her own home, bent upon wresting a livingas best she may from a world often none too kindly.The association’s officers meet the newcomer at thetrain or steamer.., they give her a friendly hand,take her home and help her to find work. .everythingthat it is possible to do is done to vanquish thehomeless wage earner’s arch-enemies--loneliness andmonotony. Best of all, she comes under theinfluence of women of character whose ideals andhigh example are worth even more to her than thematerial comforts about her.27This article stressed the disorientation felt by ‘thetraveller’ who was far from her home and family, andunderscored the organization’s role in providing a home-likeatmosphere in which she could find peace.28 The immigrantworker, (coded as traveller), was characterized both by heryouth, (assumed) virtue, and vunerability. In turn,evocations of youthful femininity were played off against thecold, hard city in which she had to work. Thus the femaleimmigrants aided by this organization were portrayed asinnocents, while the organization itself filled the role ofmaternalistic protector against the potential dangers of thebig city.2927“Travellers’ Aid Excellent Work” Province, Feb. 19, 1909p.8.28“the assured protection and assistance of the ‘The Y.W.’and its diverse departments gives many a timid and inexperiencedyoung woman the amount of courage she requires to give up aknown land for an unknown.” Ibid.29‘moral decline’ in this case working as a code word forprostitution.115The YWCA’s efforts to re-create a home atmosphere havebeen echoed in other studies of gender and Canadian history.Joy Parr, for example, highlighted the importance of the YWCAin her study of gender relations in Paris, Ontario. Accordingto Parr, “Staff fostered a family atmosphere within theresidence, attending carefully to interior decoration and tohomely celebrations of birthdays and engagements”, while theyreportedly operated under the general directive that theirwork was “for the social, physical and mental development ofgirls so that they may become the heads of splendid homes”.3°One of the objectives of the YWCA, Parr argues, was to‘rationalize’ recreation by creating an environment in which‘ordered sociability’ could flourish.31 This order, as theParis YWCA report claimed, would rest on the guidance, self-improvement, fellowship and religiosity made possible within ahome-like atmosphere. The rationalization and ordering of thesocial lives of young, single women could only be achieved,however, through balancing the organizations’ tenets withworking women’s desire for entertainment and amusement.While trying to compete with the burgeoning early twentiethcentury entertainment industry for (particularly) working°“Paris (Ontario) Star”, 12 May 1920; 26 March 1924; 6May 1925, in Joy Parr, The Gender of Breadwinners: Women, Menand Change in Two Industrial Towns, 1880-1950, (Toronto, 1990)pp. 36-50. Quote p.45.31 Cathy Peiss, Cheap Amusements, p.165.116women’s attentions, foundations like these endeavoured to meethalfway, playing off fears of non-sanctioned activities andspaces by emphasizing that theirs was an amusement-orientedorganization, yet one that offered all the respectabilityassociated with the home and family.32The YWCA was not the only organization in Vancouver inwhich the promotion of a home-like atmosphere played acentral role.33 Overlooking downtown at 2412 Alder, theQueen Mary Hostel housed and found posts for British women ofprivilege as home-helps in upper-class British Columbiahomes.34 In operation from 1912 to 1930, the Queen MaryHostel sought to achieve a home atmosphere to attract youngBritish women to Canada. Thanks to a $1,000 bequest fromLord Strathcona, however, they were able to do it in rathermore style than was manageable at the YWCA: the Hostel sportedRoyal Doulton china, linen, furniture, and Saint James Rugs,all of which had been imported from England. As one former32 Ibid & Joy Parr, The Gender of Breadwinners.Marilyn Barber, “The Gentlewomen of Queen Mary’sCoronation Hostel”, Not Just Pin Money, pp. 141-158.Despite the apparent disjuncture of importing middle andupper class women to work as domestic helpers, this is what theQMCH did. Towards explaining this strange occurrence, Barbersuggests that the particular women emigrating to Canada hailedfrom families with social standing who, for whatever reason, hadlittle financial resources. Going to Canada to work in a upperclass home was considered, according to Barber, a preferablealternative than other kinds of work (such as factory work) foryoung women of such families who did not, or could not, marry.117resident explained: “It wasn’t a hostelly sort of place”.35I have thus far suggested that legal discourse, togetherwith the rhetoric of popular reform movements, galvanized aparticular conception of what was, and was not ‘women’s’ spacein early twentieth century British Columbia. The kinds oftexts which have been enlisted to make such an argument havebeen, in the main, the kind which best tell the ‘officialstory’: Acts, Sessional papers, Government Correspondences &reports. It is important to keep in mind that thesedocuments are etched with the voices of arguably some ofBritish Columbia’s most powerful citizens: and that thestories they tell are bound up with what these individualssaw, or would like to have seen, when they looked out at theirprovince.That these conceptions of how space was to be genderedwere borne out of white, middle-class experiences andexpectations leaves unanswered questions of how such notionswere worked out in the undocumented everyday lives ofunremarked upon people; particularly the unremarkable ones whowere not middle-class. One of the few ways of retrieving suchexperiences is by examining court records, particularly thoseBarber, “The Gentlewomen of Queen Mary’s CoronationHostel”, Not Just Pin Money, pp. 141-158. Quote excerpt frominterview with a 1931 immigrant conducted by the author October30th, 1979, p.143.118which document areas of life usually kept well hidden from thepublic gaze.The Acts, reports, and stories in parts I and II, then,serve to enframe part III, which focuses on how both juristsand female witnesses drew on place-based notions of femalerespectability in court. While the aforementionedprescriptions about how women were to use (or avoid) urbanspace were certainly oppressive at times, as in the Women andGirls Protection Act, the following cases suggest that thesesame notions could also be utilized to gain legal advantage.III. CONSTRUCTIONS OF HOME IN CASE LAWEarly twentieth century case law in Vancouver suggeststhat within the space of the courtroom, references to ‘thehome’ were used as shorthand to signify (in women) virtue,respectability and credibility. Though at this time women didnot have legal rights over the home itself (nor even legalprotection from physical or sexual abuse within it), ‘home’was nevertheless coded as ‘feminine’ space. Despite thecontradictoriness of such thinking, legal texts from this eraare infused with notions of a feminized domestic sphere.In the remainder of this chapter, I will draw on twocases which reflect something of how witnesses, attorneys andjudges in early twentieth century BC used references to home119within the courtroom. Just as situating a female witness incertain public spaces could damage the reputation of thatindividual, as demonstrated in the previous chapter, each ofthe following cases suggest that at times both jurists andsurvivors in cases of violence against women drew on women’s‘right’ to the space of the home to bolster the position ofthe female witness/ survivor of the attack. The first exampleis drawn from an exceedingly rare trial of domestic violence,while the second concerns the plight of a young working womanattacked by her husband’s brother in their apartment.36Finally, I briefly discuss some of the issued faced by theyoung women who came to Vancouver in the early twentiethcentury to find employment. After tracing some of thecontours of women’s involvement in Vancouver’s labour force ina general way, I discuss some of difficulties such individualsencountered in negotiating their living arrangements in theurban landscape.As demonstrated in the case of attempted carnal knowledgebrought against Ram Singh for the attack of Yai Okumura,signalling the domesticity of a female witness/survivor couldbe a useful tactic towards portraying that individual astrustworthy and respectable. The following case of domesticviolence illustrates the role notions of an ‘idealized home’36 Of the 63 cases I examined between 1915 and 1925, thiswas the only one involving a charge of domestic violence.120could play in such a process. As previously discussed, thetrial of a case of domestic violence at the Supreme Courtlevel in British Columbia at this time was extremely rare.Between 1915 and 1925, for example, only one case of domesticviolence was heard at the Supreme Court level in Vancouver.The following case of Crown V. Reynolds, then, heard beforethe BC Supreme Court in 1922, constitutes an exception and anopportunity; though without any other similar cases from thistime period with which to compare it is hard to know what madethis case distinctive enough to warrant a hearing at thiscourt.37 Taken as an anomaly, however, this case offers ailluminating view (however partial) into the lives of twomarried people living in the lower mainland in the firstquarter of the twentieth century.Ann and Joseph Reynolds lived at 4625 Boundary Road, onthe boundary between Burnaby and Vancouver. The couple hadbeen married 19 years, though Joseph had been four years inFrance during the War. The couple had two children, John andKathleen. Though their ages are not specified, each heldjobs: John working in a lumber yard and Kathleen as astenographer with the liquor control board. Their father, whohad lost his job at the liquor control board, reportedly spenthis days at the Grand Army of United Vets in Vancouver. Thefamily operated a small farm which, by both Ann and Joseph’sBCARS, GR 419, V.256 #87.121account, Ann was responsible for holding together.The transcript from the October 15th, 1922 police courthearing began with an examination of the incident thatprovided the immediate charge, but the floor was soon openedup as a forum for the various grievances and injustices whichhad transpired over the course of their life together. Whatfollowed was a tangle of incidents of physical abuse sparkedby Joseph’s alcohol-induced rages, and accusations concerningthe couple’s finances and Joseph’s squandering ways. Theincident that caused the trial in question occurred on June6th 1922, when Joseph returned home drunk and began accusinghis wife and children of “throwing him looks of scorn”.According to Ann, Joseph got his son by the throat, and aftershe and her daughter got him off, Ann reported that:he hit me an awful blow on the top of the head, thenhe hit my girl across the stove with a big fire andboiling kettles on the fire. I was scared about thelamps because the first thing he does when he isdrunk always is to throw a lighted lamp.38Ann then reflected back on her various attempts to reacclimate her husband to civilian live after the war. Shedescribed how she secured the money to purchase the patch ofland outside the city, where she hoped Joseph would not betempted by Vancouver’s vices. “I did everything I could to38 Ibid, p. 6 & 22.122make him a better man, I failed”.39 In turn, both childrenappeared as witnesses to substantiate Ann’s interpretation oftheir life together. Kathleen testified that “my father hasdone very very little to keep us and mother has worked veryhard to keep us and has always kept us in a very good andrespectable manner. It [sic] is the best mother that everlived”.40 Finally, after nearly 40 pages of accusations andrebuttals as the couple sparred before the court, the judgedeclared that:In this matter I have no doubt of the truth of thislittle woman’s statement. I think it is a statementthat is not exaggerated. . .This is a little home ofwhich any man might very justly be proud. Theaccused apparently is so full of oldsophistries. . .and platitudes that are. . .full ofbooze, that he is just about the most contemptiblecreature that could ever shove his nose inside ahome 41This trial was peppered from start to finish withreferences to how hard Ann had worked to create and sustain aviable home atmosphere in which to raise her family. Asevidenced by her attempts to reform her husband, together withher efforts to keep the family solvent financially, inaddition to the ability to produce respectable, wage-earningchildren, she successfully demonstrated how she has upheld‘her end of the bargain’ in the would-be system of maritalIbid, p.7-B.40 Ibid, p.23.41 Ibid, p.31123reciprocity. Leaving no ‘reason’ to beat her, Ann wasaccepted by judge and jurists as a good wife and homemakerwith the respect due her, while her drunkard husband is leftas the villain.42a) Domestic Space and Social SurveillanceThe second and final case I wish to consider turned on aset of events occurring in a furnished rooming house on WestHastings on February 9th, 1924. As well as detailing some ofthe darker domestic realities faced by young working womenstruggling to survive in early twentieth century Vancouver,this case also outlined the existence of a web of neighbourlysurveillance intended to curtail that danger. At the dawn ofthe twentieth century, it is not unreasonable to suggest thatsocial surveillance of the kind detailed here was an importantmechanism for arbitrating discord between neighbours, parentsand children and husbands and wives. Christine Stansell hasdescribed the sort of “Moral Economies” found in latenineteenth century working class tenement neighbourhoods as:“not [a] skirmish in an eternal battle of the sexes, butrather a great renegotiation of what, exactly, men and womenowed each other”, suggesting further that “mutual aid of the42 As discussed earlier, Crown Briefs often end with manyquestions left unanswered. A glimpse such as this crown briefafforded leaves uneasy questions, to me, about “what happenednext?” in this couple’s lives. Unfortunately, the answers liebeyond the sliver of these lives that the law was concernedwith, and will therefore most likely remain unanswerable.124neighbourhoods provided women sources of strength on which todraw for their part in this struggle”.43As young women began to leave their often rural homes tofind work (and perhaps adventure) in cities like Vancouver,the furnished room took on a new meaning. The proliferationof rooming houses both presented possibilities for their youngresidents, and prompted the renegotiation of social normssurrounding the moral economies of “public” housing. For theyoung women attracted to these living spaces, may of whomhailed from nuclear families with strict parental control, anindependent wage (however small) and the autonomy of afurnished room in Vancouver offered a newfound social andsexual autonomy, epitomized by the language of the ‘sexualrevolution’ in which this era has been described.44This phenomenon posed a question (or, to the middle-classreformers of the day, a crisis) of how these new spaces wereto be regulated. The following case suggests that in this newsocial terrain, landlords and -ladies played an important roleStansell, City of Women: Sex and Class in New York 1789-1860, p.55 & 81.Though new scholarship has called for a more balancedview of this ‘revolution’ as it was experienced by working-classwomen, stressing the ambivalence of its characteristics,including financial restraints and the potential for sexualexploitation, as well as increased economic and sexual autonomy.See for example Joanne Meyerowitz, “Sexual Geography and GenderEconomy, Gender and American History Since 1890. (London,1993), pp. 43-71.125in that project. The following case illustrates how alandlady could keep half an ear to the events passing in theroom above, prepared to assert her rights to intervene if andwhen she felt necessary. Such acts of ‘policing’ can bethought of as a potential feature in the regulation offurnished rooming houses, and more specifically protection forthe (predominantly) working-class women living in them.Crown V. Sails outlines the prosecution of Pat Sails withthe charge of attempted carnal knowledge with a woman who wasnot his wife. The key witness (the woman who was assaulted),was Rosemary Sails, Pat’s sister in law. Rosemary and RobertSails, married on January 31st 1924, lived together in theGrand Union rooming house on 74 Hastings Street West in thecity of Vancouver. On February 9th, nine days after theirmarriage, Rosemary, Robert, and Robert’s brother Pat werereturning from lunch at the Homer Cafe on Powell street.45According to Rosemary Sails in her examination byprosecuting attorney W.M. McKay, the group returned to Robertand Rosemary’s room around four o’clock in the afternoon, atwhich point they played the gramophone and talked for a while,Pat discussing ways in which he could “better his affairs”.46The conversation then shifted away from Pat, to Robert andBCARS, GR 419, v.273, #16.46 Ibid, p.7.126Rosemary’s financial arrangement, and more specifically, Pat’simportant role in it. At this point Robert informed (orreminded) his wife Rosemary that “It is like this, my Brotheris lending me all the money to keep (you) up... (so) I want youto treat my brother nice”.In response to this request, Rosemary reported that sheresponded: “I am treating him as nice as I can, anything elseI cannot do.” At this point Rosemary’s husband went on toexplain that it didn’t make any difference to him how manypeople she brought to the room, to which Rosemary firmlyobjected: “I won’t treat them that way... I married you, Ididn’t marry your Brother”.47 Pat then pushed Rosemary ontothe bed and pinned her down, while Robert said only “go aheadand let Pat do what he likes”. The ensuing commotion ofRosemary screaming and shouting, while her husband tried tomove the gramophone so as to block the door, brought thelandlady, Mrs. Margaret Campbell, to see what was the matter.Campbell reported that she had heard what sounded like astruggle, and had gone up to investigate. Through the opentransom on the door Campbell heard noises from the room, and“heard her repeat ‘no’ two or three times, and ‘I won’t’, youhave no business here and I won’t’”. As CampbellJudging from Rosemary’s response, it seems possible, ifnot likely, that her husband was suggesting Rosemary prostituteherself, but we cannot know for sure. Both ibid, p.2-3.127explained: “I didn’t like butting in, in to a married couple.You usually knock until you are told to come in. When I didn’tget any answer I turned the handle” . . to find Pat with hisarms around Rosemary, who had gripped the footboard of the bedwith one hand and a hairbrush with which she was threateningPat in the other.48 Campbell then asked:‘What are you doing? What is the matter here? Hesaid ‘it is alright’ and she said ‘it is notalright, he has no business here’ . . .1 said ‘what areyou messing around with your Brother’s wife for? Getout of here’. He stood at the foot of the bed. Iinsisted on him going out. He seemed to think hehad a right there.49Campbell then asked Rosemary why she did not tell herhusband that this man was annoying her, to which Rosemaryresponded “my husband says he has the money and (I) must lethim do what he wants”. The landlady then called for a policeofficer and informed Robert Sails that he would have to behavedifferently in her house, and that she did not approve of hisbrother’s actions. Robert and Pat Sails were then removed tothe police station.5° As a result of this trial, Pat Sailswas found guilty of common assault, but innocent of theoriginal (and more severe) charge of attempted carnalknowledge. In the end no charges were brought against RobertSails.Ibid, p.13.Ibid, p.12.Ibid, pp.14-16.128IV. SHIFTING BOUNDARIES, CHANGING MEANINGSThroughout this chapter and the previous one, I havehighlighted some of the ways female respectability was linkedto spatial practice in early twentieth century Vancouver, boththrough the naming of the home as a site of idealized femalevirtue, and through the association of certain public spaceswith fallen womanhood. Before concluding, I would like toreiterate that my treatment of these phenomena are notintended to serve as a guide to “male” and “female” space, butrather they are meant to suggest some of the social biases andpressures women faced in negotiating their place in the newlyforming urban landscape.As various scholars of British Columbia’s past havenoted, the years between the turn of the century and the closeof World War I were a time of tremendous social change bothfor Vancouver and for the province more generally.51 This isperhaps most clearly evidenced by the rise in population,which by the early twenties was already well underway,together with industrial employment. These structuralchanges, however, were bound up with more nuanced, but no less‘ Indiana Matters, “Sinners or Sinned Against? HistoricalAspects of Female Juvenile Delinquency in British Columbia”;Graeme Wynn, “The Rise of Vancouver”.129drastic, social changes. As relations between government andthe individual were articulated through social legislation andthe strengthening of the Canadian welfare state, ideas aboutcitizenship itself and rights to paid labour were changingapace. These years proved to be a time when the meaningstied to womanhood, femininity, and female respectabilityloosened and shifted. The restriction or legitimation ofaccess to urban space was an important front on which thesemeanings were re-negeotiated.As I have argued, the location of female virtue in thehome, and consequent circumscription of spaces to which womenhad legitimate access, were reinforced by legal discourse andhad very real effects in structuring the patterns of women’slives in early urban Vancouver. I would also stress thehighly-class specific origin of these notions of “public andprivate” as gendered, dichotomised spheres of activity. Onlyfor women who had the option of relying on a man (a father orhusband) for their survival was even an approximation of thisideal possible. To the extent, then, that this ideal eithershaped or was borne out of lived experience, that experiencewas middle- or -upper class. Having said this, however, Iwould not want to extend my comments to give the impressionthat such linkages between space and female respectabilitywere restricted to the bourgeoise. To a large extent, notionsabout the spatiality of womanly virtue outlined here were held130up as the norm for all women in the space of the court.While such ideals held wide currency within the rhetoricof the nineteenth and early twentieth century as a socialideal, however, these ‘groundrules’, as Shirley Ardener putsit, were not accepted unquestioningly by everyone. Many womendid resist being judged, and restricted, by ideals which hadlittle to do with their lived experience. For a great manywomen in early twentieth century Vancouver, the need tosupport one’s self and one’s family eclipsed more gentileconcerns over one’s public appearances. As Stansell has notedof working class life in the late nineteenth century, forexample: “the boundaries between private and public life werefluid and permeable. Labouring women made their lives aswives and mothers on the streets as much as by theirhearthsides.” 52Working class women were an integral force in thedevelopment of Vancouver into a metropolis. In BritishColumbia, the total number of women in the recognized paidlabour force (prostitution excluded) increased by 36 in the1920’s, from just under 9 of the total recognized paid labour52 Christine Stansell, City of Women: Sex and Class in NewYork 1789-1860 p.52.131force in the province in 1911 to nearly 14 by 1931.Meanwhile, women constituted 13.4 of the labour force overthe age of ten nationwide in 1911, this figure rising to 15.5by 1921. In line with the all-too-familiar pattern ofwomen’s involvement in labour forces everywhere, though, itwas the lowest paying jobs in early Vancouver that wereconstructed as “womens’ work”. In 1911, for example, thelargest percentages of women in the paid labour force workedas domestic servants, followed closely by stenographers,teachers, nurses and sales clerks.55By all reports domestic work at this time was monotonous,low-paying and low-status, work which most women avoided if atall possible. Sentiments concerning the status of domesticworkers in Canada found expression in the following: “Aroundthe Fireside” section of a 1910 Grain Growers Guide article,in which the author, “Isobel”, explains that “There is.. .aCensus of Canada 1911, Vol.VI Table 13, p.XXI. fromStar Rosenthal, “Union Maids: Organized Women Workers inVancouver 1900-1915” BC Studies, no. 41, Spring 1979, p.40, andHistorical Statistics of Canada Second Edition. F.H. Leacy ed.,Statistics Canada, 1883, series D512-521.Josie Bannerman, Kathy Chopic & Ann Zurbrigg, “Cheap atHalf the Price: The History of the Fight for Equal Pay inBritish Columbia” Not Just Pin Money pp. 297-314, citationp.303.Domestic service accounted for 42 of the women ingainful employment in Vancouver in 1911, followed by allprofessions accounting for 23 and trade and merchandising 17%.Bannerman, “Cheap at Half the Price”, p.299.132good cause why girls seek every other avenue of labour ratherthan domestic labour”.56 She goes on to explain that “It isthe confining and endless supervised long, drawn out workingday that makes the lot of the average domestic intolerable”.57Though I hesitate to classify working for one’s survivalas resistance, women in the paid labour force at this timenevertheless played an important role in reworking the meaningof female respectability. The increased number of womenworking outside the home posed a challenge to bourgeoisconceptions of where women could go without jeopardizing theirreputation. Further, various groups and individuals organizedto raise the level of working conditions for labouring women.Campaigns such as the fight for a female minimum wage, thework of labour organizer Helena Gutteridge, and thepublication of The Champion, the newsletter for the “Women’sPolitical Equality League” all bespeak the desire to raisethe level of respect accorded British Columbia’s workingwomen.56“Good Cooking”, The Grain Grower’s Guide, Vol.2, April6th, 1910, No.36, p.28.Note that Canada-wide that year fully 55.2 of allimmigrant women worked in domestic service. Rosenthal emphasizesthe link between domestic labour and immigrant women noting thatthe Salvation Army imported women specifically to be domesticservants. Rosenthal, “Union Maids”, p.40.133More women in the paid labour force meant not only morewomen using and claiming public space both at and on their wayto work, but also the creation of new spaces in which youngworking people of both sexes could enjoy (at least part) oftheir pay packets. In Vancouver, Dance halls, together withcabarets, movie houses and nickelodeons, created a whole newlandscape of ‘cheap amusements’ in which gender roles werereworked. As early as 1907 Vancouverites could choose betweenthe pleasures on offer at the Recreation Park Amusement Co. atHomer and Smithe and the English Bay Amusement Company andImperial Roller Skating Rink, at Denmen and Beach, amongothers. By 1920 Vancouver was home to twenty-nine theatres,two skating rinks, (the roller-rink had by this time closed,four shooting galleries in the 100 Block of East HastingsStreet, a sprinkling of bowling, billiard and pool parlours,as well as a “Palace of Varieties” located at Fraser Streetand 45th Avenue.58The associations I have traced between the home andfemale respectability, as well as between certain urban publicspace and “fallen”/marked womanhood, were imbricated not onlyin the formation of a gendered/raced/classed social landscapein Vancouver, but also in ideas of Canadian Nationalism as58 Henderson’s Greater Vancouver Directory 1907-1921(Vancouver, 1907-1921)they were expressed by some British Columbians in the firstquarter of this century. The next and final chapter willaddress this processes.134135CHAPTER FIVE:GENDER REGULATION AND STATEMAKING IN BRITISH COLUMBIA“A nation cannot rise above the level of its homes.Therefore we women must work and study together to raise ourhomes to the highest possible level” ‘Woven through statements from various branches ofgovernment, levels of the judiciary, and private women’sorganizations in the early years of the twentieth century, onefinds references to “Home”. With all its associatedunderstandings of family and security, this term was usediconographically in these texts to invoke a social ideal forwhich to strive. This chapter explores how gendered notionsof “home” and domesticity were worked into notions ofpatriotism and Canadian nationalism in l9lOs and ‘20s BritishColumbia, and further, how the experience of World War Ibrought questions of gender roles and patriotism to the fore.I do this by examining texts from a selection of organizationsand institutions, both within and related to legal discourse,which held as their goal the shaping °of patriotic Canadiancitizens.Section one addresses how notions of gender, space andpatriotism colluded within the branch of legal discourse1“Women’s Responsibilities to the Empire” Women’sInstitute Quarterly pp. 104-107, citation, p.106.136designed to discipline youth offenders, the Boys’ and Girls’Provincial Reform (or industrial) schools. Section two looksat some of the ways gender ideologies filtered into therhetoric of Canadian Patriotism and Imperialism as expressedwithin government-run or -funded institutions. Chapter fourconsidered how the home was feminized within texts oforganizations such as BC women’s institutes & the VancouverYWCA. As in the case of state-run reform schools,organizations such as these likewise defined loyalty to Canadaand Empire, in part, through appeals to a feminized domesticsphere. Rather than an exhaustive account of this process,which would require investigations into a wider array ofsocial organizations than is realistic for a study of thissize, I have chosen to focus on these examples, suggestingthat they reflect, in particular ways, a much wider phenomenonoccurring in British Columbia at this time.I. ROUSING THEIR BETTER SELVES: REFORM SCHOOL AND CANADIANNATIONALISM“We are all proud of their record.. . for one thing we try to doin the institution is to turn out good Canadian citizens andloyal subjects of the Empire”2In 1908 the “Juvenile Delinquents Act” was passed inBritish Columbia, thus adding to the already existing realm oflegal institutions a whole network of people, places and2 Sessional Papers of British Columbia, Vol.11, 1917, p.T7.137programs designed to deal with “misguided” youth: juvenilecourts, probation officers, detention centres, and industrial(or reform) schools. This web of programs acted as a flexible,yet powerful, catch-all for youths who came in contact withthe legal system at this time, largely because of theelasticity with which “misguided” was defined. As IndianaMatters explains, following the logic of the 1901 “Children’sProtection Act”, the new wave of services and institutions in1907 did not differentiate between neglected children anddelinquents .Crimes that provided the immediate reason for committalto an industrial school reflected a range of infractions, anddiffered in important ways for girls and boys. While for maleinmates charges ranged from theft to “incorrigibility”,vagrancy, burglary, shop-breaking, assault and indecency,females were most frequently charged simply as being“incorrigible” or for having committed “moral offenses”. Inthemselves these charges do not offer a clear reason forcommittal, other than simply being “beyond the control” ofone’s parents, although as Matters points out, having beensexually active before arrival was a commonality of the femaleIndiana Matters, “Sinners or Sinned Against?: HistoricalAspects of Female Juvenile Delinquency in British Columbia”p.266.138inmates .‘While these charges were sufficient for a child to becommitted to an Industrial School an equally compelling factorin such a judgement was often the juvenile court system’sperception of a youth’s home environment. In keeping with theefforts to render the Vancouver industrial schools ‘home-like’as detailed in chapter four, Superintendant D. Donaldsonexplained in the 1917 annual report of the VancouverIndustrial School for Boys that “The aim of the institution isto do for the boys what their former environment has failed toaccomplish”.5 Likewise, Annie Westman, supervisor of theGirl’s Industrial School said of the inmates: “the majorityare from unattractive homes and undesirable neighbourhoods.They are the victims of neglect, faulty supervision and badenvironment” 6In West Point Grey and on Cassair Street at two edges ofthe city, Vancouver reformers set up the two industrialIn regards to charges for girls in industrial schools,Matters notes that between 1914 and 1937 fully 85 of all girlswere admitted simply for “incorribigility”. She substantiatesher claim of sexual activity by noting that in these same yearsbetween one third and one half of all inmates tested positivelyfor some form of venereal disease upon entrance. Ibid, pp.269-271.Sessional Papers for British Columbia Vol. 11, 1917 T.12-19.6 Sessional Papers Annual Reports, 1930-31, p.2-3 from“Sinner or Sinned Against?” p. 271.139schools as a social laboratory in which to “check [theinmates’) evil tendencies and to strengthen their betterinstincts”.7 While any youth falling under the provisions ofthe “Juvenile Delinquent Act” became a ward of the state untiltheir twenty-first birthday (in most cases), length of“incarceration”, for want of a better term, at each industrialschool was usually between two and five years.Reform was to be achieved through strict, yetcompassionate regimens which were organized, as will bedemonstrated, along very sharply drawn gender lines. Drawingout the daily routine for each school offers some clues aboutthe relations between gender roles and responsiblecitizenship, as these notions were constructed and representedby those overseeing the realm of legal discourse designed toredress youth offenders.a) Daily Routine Within Boys and Girls Industrial SchoolsDiscipline was seen as an important precondition forreform in British Columbia’s industrial schools in the 1910sand ‘20s. This discipline was exacted upon the inmates throughtight scheduling of daily patterns, and close control over theinmates’ bodies. From 6:30 a.m. when “all hands get up” toThe boy’s school in West Point Grey opened in 1905 whilethe girls school opened in 1914. Preamble, Canada. Senate.Debates, May 21, 1908: 975. In ibid p.267.140lights out after having been “allowed to have the electriclight until nine o’clock for reading”, superintendents of bothindustrial schools saw to it that there were no idle hands forwhich the devil could find work.8BoysFor male delinquents, reform was to be achieved through adaily dose of different kinds of work and physical recreation.According to the 1910 yearly reports, life in the industrialschool consisted of “lots of fresh air, good wholesome food,well-ventilated sleeping rooms, health, exercise at work,games & sports, and [training] in physical exercise andmilitary drill”.9 By 1915 religious training and properschooling had been added to this list, and the activitiesthemselves had been broken down into precise temporo-spatialunits throughout the day. From the schedule offered in yearlyreports thereafter it is evident that the boys were entirelyresponsible for the maintenance and operations of the school,and as such garnered industrial training in areas such as:tailoring, shoemaking, carpentry, and farming, as well asbaking, cooking and gardening.’° In their reportssuperintendents of the industrial schools refer to the8 Sessional Papers Annual Reports, Vol. II, 1916, p.Tl8 &Vol II, 1915, p.S15.Sessional Papers Annual Reports, Vol. I, 1910, p. H27.10 Sessional Papers Annual Reports, Vol.11, 1915 p.S14.141institutions alternately as “schools” and “homes” and thoughit is mentioned that boys are “compelled” to attend school foran unspecified length of time five times a week, little elseis mentioned by way of academic instruction or curriculum.”More prominently placed in the yearly reports are thenon-academic courses in skills development, such as carpentry.According to the 1917 report: “Almost every boy who comes tothe school is a born carpenter: that class of work has afascination for them, and it develops and brightens theirmental powers and trains their hands to do work that in thisyoung and growing Province will be of untold advantage”. Inaddition to school studies and industrial training,“considerable” time each day was allotted to football,baseball, & cricket.’2GirlsThough similar in its basic philosophy, the daily routinein the girls’ industrial school differed markedly from that ofthe boys’. While girls, like boys, received instruction oncooking and breadmaking, they were also trained in skillswhich would “prove useful in after-life (sic)”, such assewing, mending, and laundry work.’3 Further, knitting andh1 Sessional Paper Annual Reports, Vol.11, 1917, p. T 12.12 Ibid.13 Sessional Paper Annual Reports, 1916, p.T24.142fancy stitch-work received special attention both in theschool and the annual reports. In 1916 the head matronremarked that the work produced by the girls had garneredattention and praise at the school’s exhibit at “the VancouverExhibition”, while knitting, and especially the knitting ofsocks and mittens for “our boys at the front” during WWI, wasnoted with pride.’4As daily routines within the industrial schools wereshaped to “rouse their dormant better selves”, efforts werelikewise made to encourage inmates to reflect this better selfin one’s personal presentation.’5 While activities weregeared at teaching boys, and, nine years later, girls, to dowhat “decent” citizens did, so too were they encouraged toreflect images of respectable femininity and manliness. Whileeach Saturday in the Boy’s Industrial School there [was] ageneral shoe-shine, shaving and trimming of hair in order tobe ready for the Sunday Morning parade to church, whenMargaret Bayne was appointed as the new superintendant for theGirl’s Industrial School in 1918, she saw to it that femaleinmates there reflected a feminine image.16 According toMatters, Bayne declared in her first annual reportthat:‘ Ibid, pp. T24-25.‘ Ibid, p.T9.16 Sessional Paper Annual Reports, 1915 p.S15.143The prison style of wearing the hair was abolishedthe very first day. Bright ribbons and pretty modesof hairdressing are encouraged. The unbecominguniform has been replaced by one more girlish andpleasing... Instead of meals being eaten in silenceunder rigid surveillance, conversation in moderatetones is permitted. . . a staff has been engaged whoare not only efficient, but whose manners,temperament, and high ideals make them examplesworthy of emulation. A harmonious home atmospherehas been effected.17Each institution believed discipline an important meansby which to shape delinquent youths into respectable citizens,which was in turn implicated in a larger project of nation andempire building. This was expressed, in part, through thecompartmentalization of time and activities during day, andthrough the promotion of “respectable” dress and comportment.In reference to the girl’s industrial school daily routine,for example, Bayne explained that “In spite of •the adversecriticisms of institutional life there is no doubt thattraining as outlined here is of greater value, not only to thechild, but to the nation” . Although the supervisors of eachindustrial school saw their job as taking on delinquents andturning out good Canadian citizens, what it took to become a“good Canadian” was translated into very different activities,education and expectations for girls and boys.’8‘7 Sessional Papers Annual Reports, 1918, in “Sinners orSinned Against?” p.268.18 Sessional Paper Annual Reports 1926-27: 5-6, “Sinners orSinned Against?” p.269. Here it is interesting to note that therole of the industrial school was cast in terms of cultivatinggood citizens despite the fact that at times not all inmates144Daily activities within the girls’ school can becharacterized as restive, and designed to promote a certainvision of womanhood associated to middle-class femininity.Inmates were given “girlish” uniforms and were rewarded formaking themselves look pretty and for speaking in moderatetones (assumedly saying pleasant, reasonable things) . Inmateswere taught domestic skills, with the expectation that theywould go on to gain their livelihood as domestic servants. Inthis way, traditional (low-paying) women’s work wasreinforced.The daily program found in the Boys Industrial School, onthe other hand, was both more active and more diversified,featuring not only a variety of sports, and training incooking and baking, but also training in carpentry, shoemaking, and tailoring, thus offering male inmates skills whichcould later be applied to a variety of unionized trade jobs.Given that both industrial schools sought to be as self-sufficient as possible, one can only speculate why boys weretaught feminized skills such as cooking and baking, whilegirls were not taught about carpentry and shoe-making.Perhaps “womanly” work such as this was simply presumed easyto learn. Alternatively, perhaps it was felt that malewould become citizens, in the sense that a small number of bothNative and South Asian boys served time at the Provincialindustrial school at a time when neither South Asians norNatives had voting rights.145inmates stood little chance of marriage and therefore neededto learn to take care of their own basic needs. Or, thisinequity could simply have developed because it never occurredto the Superintendents of the Girl’s school to teach theinmates how to build shelves; we cannot retrieve exactreasons.That respectable citizenship, and in turn patriotism, wasdefined differently for men and women was perhaps mostexplicit in the references to war throughout industrial schoolannual reports. During the First World War, the boys’industrial school superintendant D. Donaldson made the role ofthe War very clear in determining both the daily routinewithin the school and the future paths of many of the boys init. As conveyed in the 1917 yearly report, for example,besides aiming to help the boys morally, mentally,and physically, we encourage them as young Canadiansto be loyal to the old Union Jack and Britishinstitutions, and the number of boys who have passedthrough our hands and are now at the front doingtheir bit speaks louder than words of the kind ofmaterial they are made of.’9Meanwhile, the superintendant at the girls’ schoolexplained that, though not slated for glory, female inmateswere doing the best they could to express their patriotism:“while unable to enlist as soldiers--- which they would gladly‘ Sessional Papers Annual Reports, 1917 p.T6.146do if they could--- they are doing their part to help make the“brave boys” comfortable” explained the house matron in1916.20 So although girls could not fight and die for empire,at least they could do their duty by furiously knittingmittens and socks.War in Europe brought many changes in British Columbia--from men leaving their homes to serve in the military, to thereorganization of the labour force and rationing food. Thenext and final section will explore further the relationshipbetween responses to World War I and gender constructs inBritish Columbia, focusing on how these ideas were expressedin texts from women’s institutes.II. THE CALLING: HOME, WAR & EMPIREWhile enlisting was a clear way of fulfilling ones’national duty for men, the expression of patriotism was farless clear for women in British Columbia during the firstWorld War. This can be explained in part through a tensionbetween a traditional rendering of womens’ proper place asbeing defined by the home as a mother/caregiver, as well asthe need, in wartime, for women to fill certain jobs which hadpreviously been closed to them. As I see it, this translatedinto two messages concerning how women could best answer ‘the20 Sessional Papers Annual Reports 1916 p.T18.147calling’ of War. While many acknowledged the necessity for acertain number of women to fill wartime jobs left by men, thiswas portrayed strictly as a temporary response to a crisissituation, with the assumption that after the war such womenwould forfeit those jobs.2’21 At a 1916 conference of Kootenay and Boundary Womens’Institutes, when the question of “Preparedness of Women for theProfessional Life” came up, it was noted that “with the call forwar-workers and the removal of feeling against women going intoany new thing the horizon is broadening” and: “as the men aremaking the sacrifice, the women must do their share in takingtheir places to keep the wheels of progress revolving”“Conference of the Kootenay and Boundary Institutes”, Womens’Institutes Quarterly Vol.2, 4*1 p.32.148Women working in Vancouver munitions factory, 1917.Vancouver’s First Century: A City Album 1860-1960 (Vancouver,1777), p.80.149The second, and I would argue more pervasive messageduring these years concerning how women in British Columbiacould best assist the war effort was expressed in the need forwomen to bear and raise (particularly male) children, whichwas in turn tied to the rationalization of housework anddomestic science. By drawing on materials from womeninstitutes and materials from the Vancouver YWCA’s immigrationprogrammes, I argue that through appeals to National andImperial Allegiances, women’s proper way of aiding the wareffort was defined in motherhood and maintenance of the home.a) Women’s Institutes: A Million Jars of JamA rich source for pronouncements, discussions anddirectives by and for women in BC at this time are the recordsof the British Columbia “Women’s Institutes”, an organizationestablished primarily for rural women, under the jurisdictionof the department of agriculture. In this section I willoutline what Women’s Institutes in British Columbia did,unpack some of the ideologies which preceded them, and arguethat these organizations supported a conception of patriotismamong their members which was founded on a feminized notion ofhome and domestic life.Women’s Institutes began in Ontario in 1897 with the goalof providing a forum for women to discuss and learn about “the150sphere of life for which they are destined, that ofhomemaking”. By 1916 there were 900 womens’ institutes acrossCanada, 60 of which were in British Columbia.22 Spokespeoplefor Women’s Institutes saw themselves as an importantmechanism in the project of nation-building in Canada. Toquote from M. MacMurchy in her 1916 publication The Woman-Bless Her: “Is any one unwise enough to think that themanagement of women’s organizations is unimportant? Thesewomen, whether they are aware of it or not, are to some extentresponsible for strengthening or weakening Canadian unity.”23While literature from Women’s Institutes certainlyreflects a concern for what Canada was to be, it alsoassociates these goals to those of Empire, an allegiance thatbecame ever clearer in response to World War 1.24 Considerthe following passage from an the article published in Women’s22 from 1897 speech given by Mrs. Adelaide Hoodless, founderof the Women’s Institute. Modern Pioneers Evergreen Press, p.5-8.23 Further, Women’s Institutes were by no means the onlywomen’s organization in Canada self-consciously partaking in thework of nation-building. Other such organizations would be theNational Council of Women, the Women’s Canadian Club, and theGirl Guide Program: “Guiding was designed to train girls as goodhousekeepers and good citizens so that they might develop intohealthy, happy women, able and willing to serve their fellowsand their country at all times.” Note from text: M. MacMurchy,The Woman-Bless Her (Toronto, 1916), pp.9-33. Quoted in TheirProper Sphere pp. 216-223. See also Bonnie MacQueen,“Domesticity and Discipline: The Girl Guides in British Columbia1910-1943” in Not Just Pin Money pp.221-235.24 ibid.151Institute Quarterly during the War:Every women of the Empire must not think personalthoughts only, but learn to think in terms ofempire. . .Recall the old glory of our Empire as welearn it from history--- the name of the BritishEmpire that has become synomyous for the highestcivilization, for world-wide power, for liberty andjustice. Recall our traditions--- the sanctity ofhome-life, the instinct of the Britisher to help theweak, to defend his honour to the death.25Likewise, spokespeople for the institutes overseas presentedthemselves as ambassadors of rationalized domesticity,honoured to be “Canada’s gift to the motherland” uponintroducing their ideas to women back in England.26These appeals to Empire were based, as are most forms ofnationalism, on a series of assumptions and exclusions. Theattempt to situate the interests and concerns of some BritishColumbians as not only within, but synonymous with, those ofthe British Empire were problematic in three senses. Thisarrangement not only assumed a unity of interests and concernswithin that Empire, it also ignored the multiplicity of peopleliving in BC at this time who necessarily could not occupy theposition of an ambassador of Empire. Finally, it pre-emptedthe possibility that though sharing a common heritage, evenanglo- Canadian residents in rural British Columbia might yethave had needs and concerns which differed from the mythically25 M. Macmillan, “Women’s Responsibilities to the Empire”Women’s Institute Quarterly BC department of Agriculture, Vol.1, #3, April, 1916, pp. 104-105.26 Modern Pioneers, p.7152singular ones held in Britain.Despite these disjuctures, appeals to Empire werenevertheless enlisted to reinforce notions of women’s properrole in the war effort. This role can be characterized intotwo aspects: the importance of bearing children, and theimportance of creating and managing an ‘efficient’ home. Thefirst drew both on the lived experience of men dying in greatnumbers as a result of the war, and on a more generalizedfocus on children’s welfare in the first quarter of thecentury in North America. The following excerpt from Women’sInstitute Quarterly reflects some of these concerns:A woman can do a work of priceless value for theEmpire in the home by bringing human lives into theworld.. .War kills off the best of the nation’smanhood; therefore extra care must be exercised tosave every child—- not for its own sake, but for thesake of the nation.” 27At the same time, carrying the motto “for home andcountry”, Women’s Institutes likewise emphasized theimportance of the maintenance of a certain kind of home to thewar effort. Assertions that women could best aid the war by‘practising economy’, for example, were ubiquitous in materialfrom BC Women’s Institutes, and produced staggering quantitiesof materials for “their boys” overseas. Through what couldhave been drives to out-produce Institutes in other Provinces,27 Women’s Institute Quarterly p.105.153women in BC Institutes prepared three and a half tons of fruitand vegetables, produced 2,135 pounds of jam, and sewed noless than 47,299 articles of clothing for soldiers duringWorld War 1.28In this same vein, revisiting the essay “Women’sresponsibilities to the Empire”, readers were informed that:“It is the woman who economizes in her household, in her dressand her amusements, and puts her savings in the bank, whosupplies the “silver bullets”, which will finally beat theGermans”, while BC historian Barbara Riley has noted the earlytwentieth century belief that: “domestic science would notonly make family life happier, but would also produce greatercohesion and harmony in the Empire”.2928 Carol J. Dennison, “They Also Served: The BritishColumbia Women’s Institutes in Two World Wars” Not Just PinMoney, pp.211-219, citation p.213.29 Barbara Riley, “Six saucepans to one: Domestic Sciencevs. the Home in British Columbia 1900-1930” Not Just Pin Money,pp.159-181, citation p. 162.ci)ZacH>Iujcii-Hcii0-I-i-H:“----;-:INNNH155As I hope to have shown with examples from the juvenilejustice system, and the BC Women’s Institute, notions of thehome as feminized space and gendered notions of citizenshipwere folded into the themes of Patriotism and Imperialismadvanced by these organizations and institutions. Beforeconcluding I will relate how such themes traced throughpractices which were a little less implicated in state controlin the strict sense, by briefly considering texts from aselection of immigration-aid organizations operating inVancouver at this time.b) Immigration Practices and Gender IdeologiesAs was illustrated in chapter four, the Vancouver YWCAdrew on home-imagery in presenting thier services to youngfemale immigrants. Building on this, the next section furtherexplores how organizations such as the YWCA were particularlyinterested in importing women to work as domestic servants,thereby reinforcing traditional low-paying jobs for women. Iargue that immigration practices such as these supportedtraditional conceptions of the home as feminized space in twoways: both in so far as the YWCAs made conscious efforts tocreate a “homey” feel, while the individuals arriving at themwere in turned farmed out to work as domestic servants inother peoples’ homes. I further suggest that this wasinserted in a wider project of “patriotic” work towards156statemaking in British Columbia.Through its “Travellers Aid” program described in theprevious chapter, the Vancouver YWCA received, housed andfound jobs for hundreds of young women coming to Vancouver tofind work. Though some of the young women who arrived to theprovince certainly would have found factory jobs, most womencoming to BC with limited financial resources or connectionswould have found jobs in domestic service. Domestic servicewas the overwhelmingly largest sector of work in the provincefor women at this time.3° As one writer for the 1909 editionof Women’s Life and Work in British Columbia explained,finding qualified young women to work as domestic helpers wasa primary concern to bourgeois women of the day: “May I say afew words on the crying need of the day in British Columbia:More than anything else we want strong, capable women andgirls who are willing to work in our homes”.3’ Further, asRosenthal and Bannerman have noted, organizations such as the° As was mentioned in the previous chapter, for example,42% of all working women in British Columbia at this time wereengaged in Domestic Service in 1911. As well, Canada-wide thatyear 55.2% of all immigrant women worked in domestic service.Bannerman, “Cheap at Half the Price”, p.299. For a more generalaccount of female immigration to Western Canada in the late 19thand early 20th centuries, see James Hammerton, EmigrantGentlewomen: Genteel Poverty and Female Emigration, 1830-1914,(London, 1979): and Susan Jackel, A Flannel Shirt and Liberty:British Emigrant Gentlewomen in the Canadian West, 1880-1914,(Vancouver, BC, 1982).‘ Women’s Life and Work in British Columbia, May 27, 1909.In Vancouver’s First Century, A City Album 1860-1960, Ed. AnneKloppenborg, (Vancouver, 1977), p.67.157YWCA and Salvation Army played an important role in theprovision of young immigrant women to fill that sector of thelabour market.32Unlike the women in whose houses they worked, these womenhad not come as either pioneers or homesteaders. Arrivingwith limited resources, these women were imported to fill aparticular labour market in BC for domestics workers. Appealsto the security and comfort of “home” on the partorganizations such as the YWCA and other service organizationswere made, then, to attract female immigrants who would likelynot one day own their own homes, but rather work long, hardhours in someone else’s.Finally, the importation of young women to fill low-paying, low-status jobs was constructed as important worktoward the project of statemaking in Western Canada. One 1909commentator, for example, said of the Vancouver “Travellers’Aid”: “this work is more than philanthropic. It ispatriotic.33 Other boosters hailed this particular serviceas a vital component of metropolitan development early in thetwentieth century. As one 1914 writer reported:The Y.W.’ has done its share in building upVancouver, and with adequate support will keep pace32 Star Rosenthal, “Union Maids” p.40.“Traveller’s Aid Excellent Work” Province, Feb. 19, 1909p.8.158with the city’s growth. Dominion and provincialimmigration departments have reason to recognize thepart it plays in caring for newcomers and fittingthem for their new surroundings.34Immigration programmes offered by similar organizationswere touted as not only patriotic, but doing the importantwork of Empire. The Queen Mary Coronation Hostel, whichoffered accommodation to English immigrant women hailing frombourgeois families in financial distress, was one suchexample. Organizations such as the QMCH, working inconjunction with British-based organizations like the BritishWomen’s Emigration Association and the more prestigiousColonial Intelligence League for Educated Women, sought todisperse middle- and upper-class British women throughout theempire.35 As one representative from the ColonialIntelligence League described this work:It is an Imperial work to help girls of a high stampto seek their fortunes beyond the seas -women whowill care for our glorious Flag and what itsignifies... who will do their part in the land thattheir brothers are developing so splendidly”36.To conclude, in these three selective examples of reformBCARS, GR #157, Provincial secretary’s notes. box 2, file13.Such organizations spoke of the refined women they sentaway to places like British Columbia as “missionaries of Empire”Marilyn Barber,”The Gentlewomen of Queen Mary’s CoronationHostel” Not Just Pin Money, pp.141-158.36 Ibid, p.145.159schools, women’s institutes and immigration practices in theYWCA, I hope to have shown how traditional gender ideologieswere expressed, and reinforced, under the auspices of nationand empire in early twentieth century British Columbia. Atprovincial industrial schools entrusted with the task ofshaping “good citizens”, male inmates learned skills thatcould be translated into trade jobs, while during wartime theyfurther learned their responsibilities as defenders of Nationand Empire. Meanwhile, at the girls industrial school,inmates were taught how to be domestic servants, learning thatthey could best support the war effort by honing theirproficiency the domestic arts.In texts from Provincial women’s institutes, we findconstructions of the home as feminized space serving as abuilding block to wartime rhetoric concerning how women inBritish Columbia can best express their National, andImperial, allegiances. And finally, in what was called the“patriotic” work of importing women from overseas to fillpositions as domestic servants (one of the very leastdesirable sectors of the female workforce in BC) “Home” wasused icographically by various women’s organizations tosuggest a secure, supportive atmosphere in which youngimmigrant women could find their feet. During World War I inBritish Columbia we find the language of Nation and Empireenlisted as the themes around which women’s proper role in the160War effort were spun, a process that served to re-inscribetraditional notions of womanhood and femininity at a time ofsocial crisis.* * * * * * *161CONCLUSIONAccording to Foucault, “A Whole history remains to bewritten of spaces--- which would at the same time be thehistory of powers--- from the great strategies of geo-politicsto the little tactics of the habitat”.37 The interrelationsof sexuality, space and the law explored here are part of thiseffort. Despite the difficulties in retrieving these storiesand voices from the past, such a project allows us to thinkabout the relations between the regulation of sexuality andthe gendering of space in a historico-spatially specific way.As such, I hope this project adds to a growing area of concernand scholarship on issues surrounding sexual violence ingeneral, and in particular violence against women.In this work I have addressed the relations of gender,sexuality, space and the law in early twentieth centuryVancouver from different angles and different scales nestedone within the other. I argued in chapter one that throughthe mechanics of how truth claims were made and legitimated inearly twentieth century courts, the words of women witnessesappearing in rape trials were subject to various kinds ofqualifications. In turn, I argued that through rationalizeddiscourses of medicine and science women’s bodies wereobjectified and interpreted in such trials by anMichel Foucault, Power/Knowledge (New York, 1980)162appropriative, voyeuristic male legal gaze.Chapter two focused on the politics and punishment ofmale homosexuality. In it, I argued that as homosexualitywas constructed in opposition to sexual normalcy in thisprovince, an association emerged suggesting a link betweensexual deviance and social deviance within early twentiethcentury legal discourse in British Columbia. I suggested thatthe high incidence of South Asians targeted for charges ofhomosexual activity can be understood, at least in part, interms of wider processes of colonialism and orientalism,enabled in British Columbia in large measure though the degreeof state surveillance trained on this community.Chapters three and four periscoped to the scale of therelations between bodies, and the spaces and experiencesthrough which they come to have meaning. These chaptersaddressed how space in early urban Vancouver came to havegendered meanings, and what some of those meanings were. Inchapter three, using the narrative of “Jack the Ripper” as astarting point, I suggested that notions of ‘respectability’and female virtue were not fixed, predetermined concepts inVancouver at this time. Rather, I argued that such conceptswere both socially constructed, and bound up with a women’suse (or avoidance) of certain urban space. Alternatively,chapter four focused on the processes by which ‘home’ was163constructed, both within and beyond legal discourse, aswomen’s proper, moral space. I then illustrated how theseassociations between urban space and female respectabilitywere drawn on in early twentieth century rape trials inefforts to either establish, or cast doubt upon, womenwitness’ s reputations.Finally, in chapter five I examined how these notions ofspace and female respectability fitted into wider conceptionsof place; particularly in discourses of Nation and Empire.Through readings of materials from institutions such asProvincial Industrial Schools, women’s institutes and theYWCA, I argued that notions of an idealized, feminized home,and an idealized female who knows, and (presumably) stays inher place, were imbricated in larger projects of statemakingin British Columbia at this time. Throughout this excursion,I hope to have suggested that at this time of great change inVancouver’s social fabric, meanings of, and boundaries (suchthat they were) between public and private, were undergoingconstant renegotiation.Throughout the course of this project I have been struckby the similarity between what I have read in the archivesduring the day, and what I have read in the newspapers in theevening. It is as if, (in a more cynical moment) suchheadlines as “Hryciuk inquiry hears testimony on anatomy”, and!164“Man can probe girl’s sexual past in new trial!! 38 were issuedsolely as reminders of how little has changed in the nearlyeighty years between these trials, and the trials I havefocused on for this thesis. The 1992 report of the BritishColumbia task force on violence against women documented thecontinuing pervasiveness of domestic violence in the province,while neither on campus at UBC, nor in the city more generallydo I feel “safe” walking by myself at night. Further, justas social space undergoes constant renegotiation, so do ourspaces of knowledge about the past. As I finish this story inthe Fall of 1993, the recent passage of the “Freedom ofInformation Act” in this province has mandated the closure ofa wide variety of archival documents from public view;including all of Crown Briefs that formed the basis of thiswork. Only having been catalogued in the mid 1980’s, thisrich source offered a brief window that is now closed.So, as the boundaries between what can, and cannot enterthe public domain are being redrawn so as to occlude storiesand voices that have already been silenced for so long, Ioffer this work as a contribution to the continuing strugglesto reclaim such histories and spaces. I have sought tounpack some of the ways social identities are constructedthrough space, and look at some of the very real effects of38 The Globe and Mail, Oct. 8th ‘93 p.A7 & The MontrealGazette, March 21st, 1992 p.A3.165these processes for women in early twentieth century BritishColumbia. I see this work as contributing both to a growingamount of feminist research within Geography, as well asadding to the work of many others thoughout academia committedto bringing issues of sexual violence into view. Finally, Ihope to have been able to add to our awareness (howeverpartial) of past acts of sexual violence in the lowermainland, by attending in this text to at least some of thevoices and stories of the women in BC’s past who dared exposesome of their most private, and painful, experiences in one ofthe harshest public forums of all.166BIBIIOGRAPHYAllen, Richard E. Ed. 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Sex, Politics, and Society: The Requlation ofSexuality since 1800: Longman Press, London, 1981.——S—V-H-Q)i-—Cs)HHHHHHHWO‘DD)(DL’JHHHHHHhhH0-UiH-(DO1MOtfl)QH-’tjrtH-HLJJMtJJF’)si)E’JJF’-)‘JMHHNQ(DF—1WWWWHPHO000OODLO(DQ0c5Ui-L’JHD—J1QQrJ0**41:*31:*31:41:31:**31:41:41:41:*C)iH-H-iCDCl)(flU)U)O)Cl)CD(I)P)ONrt(.QH(DCDH-WHHHO—)HMWUi-..)-..JU1WPOW)F-’-U)HOF’.)0—W0F—’J(DF—i‘-.0-.-MHco0O(DI—IR’R’HH0,-‘oW-W0,-.)UiWCDCDH(DHP-PHOUi-si0PRI‘SOC)W-JCD5”bCD0Hci(DrrH-CnHHHRICDC-t0ul-jCl)HWWCDZJHI—IP(D(D’d:D-C)’-<I-ill(DOCDCDFQ5H-,P.’CDCDCDC)p.,u-(DC)I—IH---l1OC)iHFQOHH-CDLJOHH-H-C) 0CDCD(DF-hWCl):‘HtH-iCl)O2F-1l—U)0H-CD5 HI—I(DOHOC)CDCD-flU)rtpJ(D(1)13)CDH ci00Ji---O0rtCtrtCtHHHHiiCtCrCtCDCD00000MMMUWM<iiwiwiwiw3w3<<<OSOS‘.DCD‘.oCDCD‘oCD‘.OCD•••HCDI—1CDcx<<c<cDk<cx<WMMNJMMMMNjMMMMjMM•——————)—-)---)—)----1--..1---.1CDCDCDU-J1U-ICtCt0Q000oa-uuioa-u,HHMCDMCDMCDMCI)MCDCDxJCD1WMHiMiH14=***44:*44:**14=U1CD01(I)CD(D0(l)CDCD0(I)-DCDU)WU)U)U)WWWWW()MOCD)-MhCDIHHF-HCDCr)Q)U1WO09)9)9)9)9)HHPU-iOjCDMMMHPPHMM01-0MU1MtI1I-I--I-I-CDCDH-RIdU)IWMl))IU)I))PD)MU)PRIRIRI•-HH—)—1MW**U1XJxjjcDjMij—.]—)HHH•H-OH-H-H-HHHRIwoM0HHriH‘tiHrjHWMRI—JP-CD‘dCDCD•CD•CDkoH—)HIU)•U)U)HU)CDCDCD01I0wWRI(J9)-9)—9)W9)‘OH•.*H-PH-1)1CDRI9)9)0IjWiIIC)—)flRIoC)CD0-O00QOCDI-i*HI-tiMlCl)RI‘1-MlRIMldCDPCDCDCD9)9)0U)0U)U)CDPH-<H-‘ti-dCDtOh0000*U1U)HCJ)9)--c).-C)9)9)9)9)5CD‘ZJH-CDH--C)C)C)C)‘doU1C)CC)Cl)CC)CD-wh5---.0-0HMlC)3553010dQH-H-H-HI-•I-0C)C)C)C)3Mii-CD00000PhiU,HiHiMlMlHiOH-MH-50000wP•p-CD(I)Hi5353HWWHI-hMlMlMlCDH-H-H-H-HHHHHP‘0‘-.0WCDCDCDCDHH CDWWW01176Government Records #157, Provincial secretary’s notes. Box 2,file # 13 on YWCA. from 1914 Province article “The YWCA”.Government Records #157, Provincial secretary’s notes. Box 2,file # 6 on Salvation Army.Government Records #1323, microform file B 2284 D-97.* * *177APPENDICESAppendix I: Vancouver City Boundaries 1914Appendix II: Vancouver Land Use c. 1919Appendix III: Cases of Sexual Violence heard in Vancouverbetween 1915 and 1925 by chargeAppendix IV: Sexual Violence in Vancouver 1915-1925 Cases withlocational information heard in Vancouver AssizeU)U)ri$40>14)riC)$4a)0C)‘.;‘j.;i1•coNOG1Jiii*:—---—i-iOFP!COUVER..,‘p.—.,I-ir1a,£1Vancouverinthel910sLandusect919VbcnuvERCommercialEXHlalrloN13-alrailwayApartment_——.-.-,streetcarlineHousing——civicboundaryInstitutional-creekIndustrial-.xanimalsightedFarm/-Wry.s::pndt1llllll:ttiI.tAposteradvertisingtheVancouverExhibition(todaysPNE)0L—.‘-IIxxkoolxl4cxkxlxx1913IMexxr1.UG)xI-1I-’cii0C.)s-i0tGHctCl)rI(ts-Ici)0C.)‘tiH0‘tiC.)I”E0s-ILI-iLLLLtflr5II—ILo__LaIaI,-I180Appendix IIICASES OF SEXUAL VIOLENCE HEARD IN VNCOtJVER 1915-1925BY CHARGE:RAPE/CARNAL KNOWLEDGE. . .25ATTEMPTED RAPE 4GROSS INDECENCY 5(between men)BUGGERY 4ATTEMPTED BUGGERY or.... 3INDECENCYABORTION 7SEDUCTION 6INDECENT ASSAULT 5INCEST 4PERMITTING DEFILEMENT... 1POSTING OBSCENE 1PUBLICATIONCORRUPTION 1181Aixipueddy182KEY TO MAP “SEXUAL VIOLENCE IN VANCOUVER 1915-1925”1) Carnal Knowledge, Semlin & Union St.2) Abortion, Dunsmuir Hotel, 502 Dunsmuir St.3) Indecent Assault, 2795 Wall St.4) Carnal Knowledge, Hanbury’s Mill5) Attempted Rape, 74 West Hastings St.6) Rape, 1633 2nd Ave.7) Carnal Knowledge, 120 Cassiar St.8) Permitting Defilement, Dunsmir Hotel, 502 Dunsmuir St.9) Carnal Knowledge, Main St. & Hastings St.10) Indecent Assault, 151 Seymour St.11) Carnal Knowledge, 827 Keefer St.12) Rape, 447.5 Heatley St.13) Carnal Knowledge, 14th & Commercial, Buffalo Park14) Carnal Knowledge, Hudson Hotel, 773 Seymour15) Seduction, 15 West 15th Ave.16) Assault on Wife, 4625 Boundary Road17) Carnal Knowledge, 330 Dunsmuir St.18) Rape, 967 Richards19) Seduction, 2254 Cornwall20) Carnal Knowledge, 806 Hawkes Ave.21) Abortion, 1424 Burrard St.22) Carnal Knowledge, 813 Hornby St.23) Carnal Knowledge, 3755 East 22nd Ave.24) Indecent Act, 1100 West Hastings St.(between men)25) Gross Indecency, 2595 Commercial Drive(between men)26) Buggery, 1035 Pender


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