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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 IN EARLY TWENTIETH CENTURY VANCOUVER by LAURA KATE BOYER B.A.,  Macalester College,  1991  A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE STUDIES (Department of Geography) We accept this thesis as conforming to the required standard  THE UNIVERSITY OF BRITISH COLUT4BIA December 1993 Laura Kate Boyer,  1993  ______  In presenting this thesis  in  partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department  or  by  his  or  her  representatives,  It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission.  (Signature)  Department of  D&j.j4f’fj14  The University of British Columbia Vancouver, Canada  Date  DE-6 (2/88)  :ii ABSTRACT  This thesis represents a selective consideration of the relationships between gender,  space and the law in early  twentieth century Vancouver, based largely on the cases of sexual violence against women heard before the B.C. Court in the years between 1915 and 1925. parameters,  Supreme  Within these  constructions of space and gender are addressed at  three levels.  Part one considers how both women and men were  situated within early twentieth century legal discourse in the context of trials for sexual violence.  Part two suggests how  gendered understandings of urban space in early urban Vancouver were produced and reinforced within, legal discourse.  and beyond,  Finally, part three situates these processes  within a wider context of statemaking in early twentieth century British Columbia.  It is argued that legal processes  were one mechanism by which space in fledgling Vancouver was coded in gendered and sexualized terms,  and further,  that  these social meanings of space were fundamentally bound up with prevailing conceptions of race and class.  iii TABLE OF CONTENTS Abstract  ii  Table of Contents  iii  List of Figures  V  List of Maps  vi  Acknowledgements INTRODUCTION CHAPTER ONE: I.  1 Courtroom Treachery  Verbal Testimony a) Situating Women Witnesses in Legal Discourse b) Qualifying Women Witnesses’ Testimony c) Verbal Testimony and Social Positionality  II.  Vii  Physical Evidence a) Witnessing Bodies b) Court as a Space of Spectacle  19 20 20 23 27 36 36 39  CHAPTER TWO: Wickedly, Unlawfully And Against the Order of Nature: Male Homosexuality and Post-Victorian Moral Wrath  44  I. II. III.  47 48 54  The Invention/Discovery of Homosexuality Bad Habits South Asians and the Prosecution of Male Homosexuality in the Lower Mainland  CHAPTER THREE: Boundarylaying in Fledgling Vancouver: What’s a Girl Like You Doing in a Place Like This?  70  I. II. III.  71 79 84  The Street as a Space of Danger Public Space and Fallen Womanhood Constructions of Fallen Womanhood in Court  CHAPTER FOUR: Home and Constructions of Femininity in Early Twentieth Century Vancouver I. II. III. IV.  An Act for the Protection of Women and Girls Home As a Wellspring of Womanly Virtue Constructions of Home in Case Law a) Domestic Space and Social Surveillance Shifting Boundaries, Changing Meanings  96  97 104 118 123 128  iv CHAPTER FIVE: Gender Regulation and Statemaking in British Colunbia  135  I.  136  II.  Rousing Their Better Selves: Reform School and Canadian Nationalism a) Daily Routine Within Boys and Girls Industrial Schools -Boys -Girls The Calling: Home, War & Empire a) Women’s Institutes: A Million Jars of Jam b) Immigration Practices And Gender Ideologies  139 140 141 146 149 155  CONCLUSION  161  BIBLIOGRAPHY  166  APPENDIX  177  bi  ><o  CD  O 0  3  H-  •  H  H  -  k<  CD  CF  H-  0  W  Cl)  I-  H  0)  0  H  CF  Fj CD CD ‘-.0  CF  H  CO  CI)  H-  CD  5  CD P  0 S  CF  CDW CDU’ CF M  CF  (Ii  CFH  Cl)  (DOW  C) H-OCD PH-i Ph(D  I-UQCt P)j’ rtCn  CD QH-CD  i  Cf) Qrtc-t  Ii(D•  0)0  CD o U,  H-(DJPJ  (D( nOCD  <Z<  )  ‘-ii  CD 0)  C)  0  H  0  o  CD  H-  0)  Ct  Z 0  I—h  0  <  HCD  —  0 1  0  Ct —  1  0)  CD  Ct  Cl)  0  HCt H-  CD  C)  0  1  H-  H-  I1H-.  QHo  PiP F-1  0J CDU CD CD  I-h P1  0  C)  Ci)  HCD  H  0  [-hH-i  00  Cr0)  (DPI  H-  J0  I—.. Ci)H-  O Cl)  J  7SH HH-U  0 S  CD  -  .  .lQ CD(D CD  P  o  (D< H-  PiP) I-P  ‘-<Co CD  U’Q  Cl) HCD DW tO  1  HI—I U1F-I  H  CDH HCr  cjIQ L’JCD CD  U,  ‘-.0 0  H  Ct  CD (I)  I-  CO  Cr  0  Cl-  S  HH  0  Cl) Ct  CD  -  CO CF FCD CD CF  IQ 0)  CF H-  Plc? 0)  C)  0(0  (Dc?  0)H-W  CrCDID  00w)  Lxi  H  0  0  H  cu  HN CD  (I)  II  CDIIT  0i OH  H  CD  CDO  o  rtH-  CD  oi  I-hCD  HH-C  Hj  op)  H-  0(1) P)CD  o  H”  H-<H rt •.  HQ  iH  cDrlj(D  CuJIQ  ;u’-cJcJJ  H  H  0  (1) CD  ci  1:-I  CD  0 0  H ‘0 H  H CD Cfl  II  0  H  C)  CD  0 0  I-f  tjp F-1J  tip H] ><cc I—I I-I  ‘dPJ ‘•ijlQ LiCD  ‘tin) tJ(-Q L’JCD  ij  Izj  0  1:1 H t1  vii ACKNOWLEDGEMENTS  For their comments, support and assistance in the course of writing, I thank Cole Harris, Gerry Pratt and particularly my supervisor, Dan Hiebert. I would also like to extend my thanks and gratitude to a number of people here in Vancouver and elsewhere: my parents, Anna Skeels, Averill Groeneveld Meijer, Natalie Jamieson, Matt Little, and especially David Demeritt, for their support and friendship throughout the course of this project.  1 INTRODUCTION  Gender relations and soclo-spatial practices are represented, mediated, law.  and legitimated,  Though notions about gender,  in part,  through the  sexuality, and  “appropriate” uses of space are not wholly produced by the law, neither are they simply replicated unaltered by its workings; rather,  this assemblage of courts,  lawyers,  reinterpret and act on  government officials and others codify,  the notions that they seek to mediate. These processes, as viewed through texts such as case files, depositions,  and  cross-examinations, offer important information about how and by whom space is to be used.  As such,  legal documents can be  used to illuminate some of the ways social space comes to have gendered and sexualized meanings.  Through an examination of trial transcripts from cases of sexual violence heard between 1915 and 1925, this thesis seeks to explore the relations between gender,  sexuality,  space and  the law in the context of early twentieth century Vancouver. I argue that the legal process was one mechanism through which space in fledgling Vancouver was coded in gendered and sexualized terms.  I further hope to show how social meanings  of space in early twentieth century Vancouver were also fundamentally bound up with prevailing conceptions of race and  2 class. ones,  These strands cut across and through sexual and gender sometimes reinforcing,  sometimes unravelling,  to produce  a complex tapestry of social relations.  The interrelations I discuss between gender,  sexuality,  space and the law emerged at a time of rapid growth and complex change in Vancouver.  The population grew from under  30,000 in 1901 to over 245,000 in 1931.’  As now,  early  twentieth century Vancouver was a racially segmented place with significant Japanese, communities,  Chinese, Native,  and South Asian  but Whites and the assumptions of an English  middle class dominated the city in many ways. 2  The social  composition of Vancouver shifted from that of a male-dominated resource town to a more even ratio between the sexes, but restrictive immigration laws helped maintain the historic imbalance between men and women in Chinese and South Asian Communities.  Along the way I will use, categories as ‘women’  and try to unpack,  such  (non)  and ‘the law’, but before doing so,  wish to say a few words about each.  I  In light of the extreme  diversity of peoples and social worlds in early twentieth  1  Seventh Census of Canada  (Ottawa,  Ont.,  1931),  Al v:2,  p. 160. 2  Region  Graeme Wynn, “The Rise of Vancouver” in Vancouver and Its (Vancouver, 1992), pp.69-i45.  3 century British Columbia,  we would do well to start with,  though not necessarily finish with unaltered,  Denise Riley’s  cautionary remarks regarding the use of “women” as an undifferentiated,  coherent signifier.  the concept of ‘women’  Meanings attached to  have crystallized differently in  different times and places. discursively constructed,  Because “‘women’  is historically,  and always relatively to other  categories which themselves change”, Riley stresses the need to accept,  and draw on,  the fundamental instability of this  3 notion.  I have spoken rather loosely thus far of “the law” as a discrete entity, but this is not really the sense in which I wish to use it. on,  Canadian jurisprudence at this time was based  and reproduced,  English Common Law, which was itself  founded on distinctively Western approaches toward epistemology and ontology.  In particular the legal process in  early twentieth century British Columbia was driven by several assumptions: a) values; b) known;  there are facts, which are different from  to achieve “justice” these facts must be made  and c)  objective  (i.e.  value-free)  interpretation of  the facts is the basis of justice. As legal scholar Catherine MacKinnon has argued,  this epistemological structure typically  Denise Riley, Am I That Name? Feminism and the Category of ‘Women’ in History (Basingstoke, Hampshire, 1988), p.1.  4 works to the disadvantage of rape survivors, because the court cannot accept more than one interpretation of events. 4  The notion of discourse is used here as a way to conceptualize the negotiation over what will be accepted as truth in the space of early twentieth century courts. discourse in the Foucauldian sense,  I use  to stand for a system of  possibility for knowledge, governed by rules which permit and order certain statements and practices. 5  Ostensibly  reflecting Enlightenment ideals of rationality and objectivity,  legal discourse can be thought to operate in  accordance with a particular set of rules governing legitimate speech and the construction of legal facts.  These rules,  articulated through documents such as criminal codes,  as well  as through the demands of legal tradition and courtroom protocol,  determine how  (or if)  the lawyers,  judges,  juries  and constables who engage with this discourse categorize social practice and define criminals and criminality.  Finally,  I would hazard against inadvertently  Catherine MacKinnon, “Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence,” Feminist Legal Theory: Readings in Law and Gender Ed. Katharine T. Bartlett & Rosanne Kennedy (Boulder, CO, 1990), pp. 181-200. “  Mark Philp, “Michel Foucault,” The Return of Grand Theory in the Human Sciences Ed. Quentin Skinner (Cambridge, UK, 1985), 9. 5 pp. 65-81. cf p.  5 dichotomizing these slippery concepts. relations of space,  My work focuses on the  sexuality and gender in early twentieth  century Vancouver based primarily (though not exclusively)  on  legal texts that describe cases of violence against women. however,  Note,  that neither “the law” nor “women” can be  thought of as mutually exclusive categories. so,  Though nearly  the practice of law at this time was not an entirely male  endeavour.  Women across Canada had begun to practice law in  the late 1890’s, while in Vancouver, a very few women served on the police force, as 1916.6  Likewise,  and even as police court judges,  as early  as I will explore further in chapter two,  not all cases of sexual violence were prosecuted on behalf of violated women.  My point here is to warn against a rendering  of law simply in terms of gender,  or a rendering of gender  through transparent legal texts.  In my discussion of gender and place in early urban Vancouver I will at times enlist somewhat problematic notions of “public” and “private” space. ‘separate spheres’,  The Victorian ideal of  whereby women remained in the home tending  children and doing housework while men engaged in public debate and wage labour outside the home,  6  is the quintessential  Petticoats and Preiudice: Women Constance Backhouse, and the Law in Nineteenth Century Canada (Toronto, Ont, 1991), Vancouver City Archives, case transcripts 1903pp. 293-326. 1923, 37 (D) 3.  6 expression of this public/private dichotomy, which remains with us today.  This dualism,  cousins nature/culture, male/female, mark Western thought,  of social relations.  like its close  and mind/body which also  rationalizes and orders the social world  both in theory and on the ground. 7 scholarship has shown,  the legacy of  As recent feminist  such dichotomies mask the complexities In this paper,  I emphasize two points  about the use of public and private as concepts for understanding Western society.  First,  I acknowledge the great utility of this framework  of public and private domains in feminist struggles to highlight patriarchy.  For instance,  domestic labour in the home,  the study of unpaid  and the relations between such  labour and wage labour outside the home,  has blossomed as a  result of conceptualizing the public as separate from, yet dependant on the domestic. 8 women’s sufferage,  Similarly,  the struggle for  the keystone of first-wave feminism in the  One 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 Kate Millett, Sexual Politics (New York, 1970) 8  “Ground rules and social maps for See, for example: women: an introduction” in Women and Space: Ground Rules and 1981), .; Social Maps Ed. Shirley Ardener (London, 34 11 pp. Isabel Dyck, “Integrating home and wage workplace: women’s daily (1989) lives in a Canadian suburb,” Canadian Geographer 33 pp.329-41.; Daphne Spain, Gendered Spaces (Chapel Hill, NC, 1992) and Gillian Rose, Feminism and Geography (Minnesota, 1993) pp.17-40.  7 1920’s,  can be seen as an effort to alter the bounds of the  public sphere so as to include women as citizens whose rights in the liberal democracies of the West are equal to those of men.  The assumptions of equality and freedom built into Western notions of citizenship and the public sphere remain a subject of continued feminist scrutiny and critique. Feminists Nancy Fraser, Sallie Marston,  Iris Marion Young,  among others,  Carole Pateman and  have all voiced concerns over  the exclusions and silences built into liberal democracies on the question of how public spheres are constituted. 9 Likewise, beliefs in the privacy and integrity of one’s body and individual subjectivity have underwritten a number of other feminist struggles.  The abortion debate,  turns centrally on these ideas,  for instance,  for what is the right to  choose what happens within one’s own body if not a summarial declaration of where private space begins?  As feminist Carol  Public A “Rethinking the Sphere: Nancy Fraser, contribution 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 American People,” Environment and Planning D; Society and Space 8 (1990) the Critiques of Pateman, “Feminist 449-458.; Carol pp. Public/Private Dichotomy” The Disorder of Women (Stanford, CA, For seminal texts on these questions see 1989), pp.118-140. Jurgen Habermas, The Structural Transformation of the Public Society An Inciuiry into a Category of Bourgeois Sphere: (Cambridge, Mass, 1989). (published in German in 1962) & Richard Sennett, The Fall of Public Man (New York, 1974).  8 Pateman has observed:  “the dichotomy between the private and  the public is central to almost two centuries of feminist struggle; about”  •  it is, ultimately,  what the feminist movement is all  10  Second, dualism,  I would like to emphasize that the public/private  like “Women” and “the law” is socially constructed  and historically specific.  In turn,  the boundaries around  each of these categories are themselves unstable. dichotomy of ‘public’  and ‘private’  The  carries particular  salience within the liberal democracies of the West, where it underwrites beliefs in privacy, of citizenship and equality,  individual rights,  though nowhere have these ideals  been universally or easily extended. women,  and values  Even middle-class, White  to invoke just one example, had to struggle before  gaining voting rights or legal personhood.  Despite the  historical specificity of the public/private dualism,  these  ideas have structured a “universal History” of the world in terms of the extension of individual rights or their denial, the recognition of free speech in the public sphere or its repression,  and the development of a private sphere of the  individual subject free from public scrutiny; or its lack.  In  early twentieth century British Columbia, where diverse  10  of the “Feminist Critiques Pateman, Carole The Disorder of Women:Democracy, Public/Private Dichotomy” Feminism and Political Theory (Stanford, CA, 1989), pp.118.  9 peoples not sharing the ideals of this public and private dualism were brought together, the historical specificity of these notions,  and the power exercised by the assumptions of  their universality, become clear.  These values did not carry  the same resonance among Native peoples, or South Asians, Chinese and Japanese immigrants to Canada, who organized their social lives in very different ways.  I hope to have suggested how notions of public and private have been encoded in feminist struggles, while simultaneously being bound up with, thought in the West. tends to universalize,  and contingent on,  liberal  Because the story of public and private it is critical to remember the  culturally specific contexts of which it is an artifact. work represents,  in part,  This  an effort to interpret the processes  by which concepts of public and private spaces were constructed within the context of early twentieth century British Columbia,  a time of great social change,  in which  rapid population growth brought together a diverse assemblage of cultures and peoples.  Beyond these wider theoretical aims,  I am also concerned  in this thesis to contest the systematic silence, both in law and in North American society at large,  that has confronted  survivors of rape and other forms of violence against women.  10 In British Columbia, violence against women has received scant attention both in the legal system, and in mainstream histories of the province.  Violence against women has been  silenced in our society for a myriad of reasons, prominent among them the failure, until quite recently, spousal sexual assault as rape, fear thereof)  to recognize  and the stigmatization (or  that has been associated with laying this  charge. Despite the many small cracks made in this wall of silence over the past 20-25 years through increased media attention,  the creation  (though not necessarily funding)  of  shelters for battered women, and changes in rape and rapeshield laws,  the problem of sexual violence remains hard both  to address and document.”  Scholarship on violence against women and domestic abuse has been building for the better part of fifteen years.  In  the U.S. Linda Gordon’s Heros of Their Own Lives: The Politics and History of Family Violence and Elizabeth Pleck’s Domestic Tyranny  have both addressed the history of domestic violence,  while geographer Gill Valentine has addressed the question of  “ Further, within a society that understands sexual violence as entertainment, the increase in media attention to these issues in recent years demands critical investigation.  H-  H  CT) CD  rCD  CD  CDcoQ  H -.o H  jWc-  CD  I_A  CDP)1  U)  -  ‘d CDc-tP)CD CD d C) c C) H:; CD0CD1’-< CL  o  P)CLc-F  =  I—’  C) 0HCD < (I) c-t  >4  CD  C) CD  CD  ,-‘  (DCL  W(D QH H CD Cjjo HCD frhU)CD-  QCD  w  H LO  0  <  H-  c)  H-  -  (j) CD  ()  CD  f—JCD 0  iF-1c-<  0  H  0  Z  0  c-f H-  CD  CD  CD  c-t  Hc-f  U) •  H p)  CDc-” F-Q  p)  CD Fo0<H-  OF-I  $1  H  0  j.oH-O  U:J  CD  -.Ji-h L-’ CD—-. 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II  ‘•d  C) CD  0 H CD  H-  H  ‘-4  C)  CD  C) 0  H  ‘-4 U)  P.’  H  0  U) C)  P.’  H  S  C) 0 H  C) CD U)  P.’  CL  CD ‘-4  ‘-4 0  S  H  U)  U) >5  H  ‘-4 CD  P.’  CL  P.’  P.’  CL  P.’  p.’  P.’  -  CD  :-  c-f  CD >4  c-f  C) 0  —  i  P.’  H  I-  P.’  c-f  0  I-<  0) c-f H  S 0  ::3-  0 Ti  -  -. c-f  i  P.’  H-  CL  p.’  i  P.’  C)  P.’  o  c-f  H  CL  CD  c-F c-f  F-  CD  C)  U)  P.’  rj  Ti ‘-4  I-h  0  I—h CD p.’ ‘-4  U)  -  0 S CD i  H-  P.’  CD  c-F  CL  CD  CD  P.’  c-F  U)  i  0  C)  CD  b  Ti  p.’  H  CD Cl)  U) U)  CD  Cl)  CD  j  P.’<c-t i  S  CD  E 0  ..  C) CD  CL H-  Ti  CD  ‘d  CL  P.’  U)  c-F  C) 0  c-f c-f H-  CD C)  I-ti  U)  -  Ti U) CD  0  :D-  C)  U)  ‘-4  c-F  C) CD  c-f  P.’  w  H c-f H-  ‘-4  H  H ‘-.O  H  12 addressed in chapter four), no cases of wife battering advanced beyond this level.  As elsewhere in North America at  this time, no cases of wife raping would have appeared in police record books, because it was legally impossible for a man to rape his wife.  Sources do exist, however, documenting some cases of sexual violence outside of marriage in early twentieth century British Columbia.  Cases of sexual violence were heard at all  levels of the legal system throughout the late nineteenth and early twentieth century, and some of the records of these cases have been preserved in Provincial Archives.  Though  women and men certainly encountered criminal law in other, less dramatic ways than in cases of sexual violence,  such  cases account for the majority of texts in which women acted as the principal witnesses.  Further, these cases account for  approximately 15% of all cases heard before the Supreme court in B.C. at this time.  I have focused my research on the transcripts from cases of sexual violence heard in the Vancouver Assize of the British Columbia Supreme Court between 1915 and 1925.’  At  Such cases were addressed by Criminal Law- the branch of legal discourse designed to address actions harmful to property and individual bodies. Assizes were the travelling Supreme Court, which made bi-yearly stops at twelve locations in BC at this time.  13 times I venture outside this data set,  however, when a case  heard elsewhere in the Province offers a particularly illuminating example of the process I want to discuss.  I  examined all criminal cases from this period which could be thought to regulate any aspect of sexuality.  Though the cases  of male homosexuality I looked at did not always, or even usually,  appear to involve non-consensual sex,  homosexual  acts were defined by legal discourse at this time as criminal behaviour,  thereby positioning homosexual sex as  unproblematically) includes,  then,  similar to rape.  (not  Given a definition that  activities such as sodomy and abortion,  well as rape/carnal knowledge,  seduction,  incest,  as  and indecent  acts and assaults as defined by the Criminal Codes of Canada, I noted 66 cases for the Vancouver Assizes in that ten year time period, of case.’ 7  although rape cases far outnumber any other kind  These cases form the backbone of data for the  following 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 by two kinds of legislation, produced by two levels of government. The parliament of the Dominion of Canada enacted Criminal and Civil Laws applicable everywhere in the Dominion. These were catalogued 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 were catalogued in the Statutes of the Province of British Columbia.  14 Crown Briefs.  Crown Briefs are written summaries of the  arguments used by the Prosecution to build its case against the defendant before trial.’ 7 example,  In a case of rape,  for  Crown Briefs would include examinations and cross-  examinations of witnesses  (including the rape survivor), but  not of the accused party(s)  18  I do not address parallel  cross-examinations of defendants in these cases because such material is the jurisdiction of the Defense Attorney, and is therefore not accessible to public purview.  It is important  to emphasize the constraints of Crown Briefs as historical documents.  Rather than complete stories,  their authors sought  to collect only information pertaining to the argument they wished to advance in the trial.  The information contained in  Crown Briefs is therefore quite limited, and they often give rise to questions whose answers lie maddeningly just beyond the edge of the text.  As with any events in the past, our access is not direct, but rather mediated by the texts which have survived to represent these events to us. To treat texts as windows through which we can gain a thorough understanding of “the way  ‘  Crown Briefs also sometimes include correspondence from the witnesses and related statements. 18  is important to note that only cross-examinations which in fact yielded credible accusations were brought to Therefore only cases in which the defendant was charged trial. were preserved in the Attorney General’s case files.  15 it was” is problematic at best.  I am telling a story about  texts, which are themselves telling stories about events in the past. ° 2 Culture,  As James Clifford observes in The Predicament of  “The trial record--- which stenographically  preserves, by a precise but not infallible technique,  the  meaningful, spoken sounds of the trial... [olmits gestures, hesitations,  clothing, tone of voice,  sometimes devastating silences.  laughter,  irony..  .  the  ,21  My historical inquiry has been made possible by the availability of important legal documents such as case files, depositions and transcripts of cross-examinations produced by legal discourse, documents which were, study,  at the time of this  freely available in public archives.  These texts make  visible both the workings of legal discourse, and the legal objects they recorded and brought into being.  The voices in  the stories they tell, however, are constrained both by the structural silences inscribed in the legal processes,  as well  as the textual silences in the materials which survive to represent them to us.  I have organized the themes I will  discuss into three sections. one and two,  Part one,  consisting of chapters  concerns the workings of the law.  20  I begin with a  James Clifford and George E. Marcus, Writing Culture: The Poetics and Politics of Ethnography (Berkeley, 1986). 21  Ibid, p.290.  16 consideration of how truth claims were made and enframed within early twentieth century rape trials.  Through a  consideration of the mechanics through which both verbal testimony and physical evidence were used in such trials,  I  suggest that while rape survivors words were subject to various kinds of invalidations within legal discourse,  their  bodies were exhibited and interpreted by a clinical, yet erotic, male legal gaze.  Chapter two approaches early twentieth century legal discourse through a critical reading of cases involving male homosexuality, which was considered another form of sexual violence at this time.  Such cases,  constituting 20% of all  cases of sexual violence heard in the Vancouver Assize between 1915 and 1925, offer important information on the construction of sexuality and sexual norms, through the identification and punishment of “deviance”.  Having traced how male  homosexuality was defined as deviant within early twentieth century legal discourse,  I examine the curiously high  incidence of South Asians apprehended for this charge.  I  argue that this location of sexual deviance within a particular non-white ethnic group served to link sexual deviance to a cultural Other.  Part two, consisting of chapters three and four,  suggests  17 a possible ‘geography of sexual violence’ by considering the operations of the law, and the experiences of those whose lives it affected,  in a wider context of early twentieth  century Vancouver.  In this section I argue that legal  discourse produced and legitimated gendered understandings of certain spaces. Throughout a variety of documents from this period,  (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 inaccessible  to some women, legislation.  either through public disapproval or actual After illustrating these twin phenomena,  I will  consider a number of cases involving women who were raped in these ‘male’ night,  etc.)  spaces  (the Street, bootleg houses, parks at  and Suggest that women who broke these socially-  mediated gender boundaries faced disapproval and censure from lawyers,  judges,  juries and others.  In the final section (chapter five) themes of gender,  I briefly relate the  space and the law to statemaking and  Canadian national identity in early twentieth century B.C. Many of the ways in which space was gendered,  and in turn  formalized 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 such as Provincial reform schools, and quasi-state organizations  18 such as women’s institutes and the Vancouver YWCA. these texts I trace how notions of an idealized, home, in,  and idealized female who knew,  and  From  feminized  (presumably)  stayed  her place, were imbricated in larger discourses of Nation  and Empire going on in British Columbia in the first quarter of this century.  19  CHAPTER ONE:  COURTROOM TREACHERY  ‘Truth’ is to be understood as a system of ordered procedures for the production, regulation, distribution, circulation and operation of statements. ‘Truth’ is linked in a circular relation with systems of power which produce and sustain it, and to effects of power which it induces and which extend it. A ‘regime’ of truth. ‘  Rape trials are designed to produce truth about rape: whether a rape occurred, guilty party. 2  and whether the man accused is the  In this chapter I describe how truth claims  were made and ordered in rape trials in early twentieth century British Columbia,  and what these processes meant for  women trying to gain legal reparation for actions against them.  Truth claims made in rape trials heard before the  Supreme Court in Vancouver between 1915 and 1925 can be broken down into two broad categories: verbal testimony and physical evidence.  Through the positioning of rape survivors as  witnesses in legal discourse,  these forms of knowledge were  ordered hierarchically, playing on an epistemic distinction favouring vision over hearing.  1  Michel Foucault, Power/Knowledge, (Originally published London, 1972.). 2  (New York, 1980) p.133.  There are many important similarities between how women and men were positioned as key witnesses in cases of rape and However, I have reserved consideration of the process sodomy. through which men were prosecuted for engaging in sexual activities with other men for chapter two.  20 Although verbal testimony played an important role within early twentieth century rape trials,  survivors’ words were not  admitted unquestioningly as legal facts, but rather were subject to legal scrutiny and,  potentially,  dismissal if the  witness was not deemed credible by the adjudicators. this context,  Within  I argue that rape trials were yet more  treacherous for women situated “on the margins” of the predominantly Anglo-Saxon society in early twentieth century BC.  Women of colour,  women,  for example,  non-English speaking and non-Protestant  faced a double burden of proof in making  their voices heard in rape trials.  Alternatively,  I suggest  that because physical evidence was not subject to these same kinds of invalidations, ‘truth’  it was more readily accepted as  in legal discourse from this period.  I make these  arguments not only because it is important to understand some of the mechanics of how knowledge about rape can be produced and positioned within courtroom struggles, but more importantly, because such a project allows one to ask how these processes structured,  and in many ways constricted the  voices of women seeking legal recompense and protection from sexual violence at this time.  I. VERBAL TESTIMONY  a)  situating women witnesses in legal discourse This section concerns the discursive structures and  21 conditions under which testimonies of women witnesses were admitted to early twentieth century rape trials.  I first  address the dynamics of how women were positioned as witnesses in court,  then introduce some of the ways in which womens’s  speech in cases of sexual violence at this time was enframed and qualified.  As discussed in the introduction,  rape has  been silenced throughout BC’s history, most obviously through the narrowness by which rape has been defined within legal texts,  compounded by well-founded concern on the part of rape  survivors about the possible anguish and humiliation that so often result from exposing such painful experiences to public scrutiny.  In order for a guilty verdict to be given in a rape trial,  the prosecution must prove two facts: that penetration  occurred,  and that this penetration was against the will of  the woman claiming to have been raped.  These arguments, and  those made by the defense which seek to prove a rape did not occur,  are made by the creation and ordering of truth claims  about the said events, and are called legal facts.  These  ‘facts’ are gleaned through the organization and presentation of various pieces of knowledge brought forward about the said events, which is called evidence.  Legal discourse provides a very particular set of rules and practices for bringing rape into view.  Unlike civil law  22 in which aggrieved parties speak for themselves,  (the plaintiffs)  in criminal law,  represent and  rape is not considered  so 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 the prosecutor in rape trials.  In this formulation,  the assailant  becomes the defendant and the rape survivor a witness.  As  such women witnesses occupy the same position as anyone else who have seen, heard,  or heard of the attack,  positioned strangely outside of, rape  thus being  and alienated from,  their  .  In rape trials,  the voices and stories of survivors are  enframed by the performative nature of legal procedure and the fact/value distinction that organizes it. the court as witnesses,  Appearing before  survivors of sexual attacks can only  speak when called to the stand for questioning by (male) attorneys.  These individuals must respond to attorney’s  questions co-operatively or face the censure and contempt of the court.  In fact,  the method by which verbal testimony was  Because the term “victim” denotes disempowerment, and, it has been argued, repeats the violence already committed, in this text I use survivor and woman as an imprecise shorthand. Note, however, that 13 of the 66 people appearing before Supreme Court in Vancouver between 1915 and 1925 as the chief witness in cases of sexual assault were male.  23 extracted could be at times coercive and painful. 4  Once on  the stand, women’s voices enter the courtroom as testimony and factual evidence,  duly transcribed by stenographers and in  turn preserved in archives.  b)  qualifying women witnesses’ testimony Given expression through verbal testimony,  the stories  and voices of rape survivors heard in early twentieth century courts in BC were subject to various forms of qualification and invalidation. next,  As I illustrate in this section and the  the verbal testimonies of women witnesses in this  context were often discounted both through attacks on the reputation of women witnesses, ‘women’  and through insinuations that  in general were not sufficiently rational for their  words to count as truth in legal discourse.  Further,  I  suggest that women who were in various ways marginalized by early twentieth century BC society,  such as those who did not  speak English, were not Protestant or white,  were particularly  vulnerable to charges of irrationality.  Though the criminality of rape lies in the assailant’s  The following excerpt, taken from a 1920 rape case, shy the kind of prompting exerted on young, illustrates he hurt you What did tell “Oh us... please witnesses: It is not fair to keep us sitting here all day. .You with’ Now why will have to come day after day till you do tell us. Records Service Archives & Columbia now.” British not tell us Records Government (hereafter referred to as (hereafter BCARS) referred to as GR) 419, V.231 #4 p.4.  24 actions,  the onus is on the Crown prosecutor to produce  evidence and proof that a rape took place.  On the scales of  legal discourse the presumed innocence of the defendant is evaluated against the weight of all the evidence brought to bear by the prosecution.  Thus rape cases throughout this  century have turned as much on the actions,  character,  and  “reputation” of the rape survivors as on the actions of the defendants.  The two,  in fact,  are inseparable because the  innocence of the defendant can only be weighed in court against the mass of testimony provided by rape survivors and the weight the court assigns it.  To this end,  prosecuting  attorneys enlist the testimony of the rape survivor and her body.  The survivor’s reputation enters the trial as prosecuting attorneys appeal to it in order to add weight and credibility to her words.  Likewise,  defense attorneys seek to make light  of the woman’s testimony and cast doubt upon her credibility by calling her character into question. This link between reputation and credibility can be seen in a case of carnal knowledge heard in 1918,  involving the attack of a woman while  on a date in a public park.  When asked by the judge to  justify his persistent interrogation of one of the women claiming to have been attacked,  the defense attorney stressed  the dubiousness of the woman’s character. explain that her actions were:  He went on to  25 important to this extent, the charge is a serious one, it is necessary for me to show exactly the kind of girls these were, how free they were in their actions, and establish that whatever happened was practically--- she was a consenting party to anyhow and her previous conduct would show that. 5 •  .  .  Survivors’  testimonies were likewise evaluated in terms  of adjudicators’ perceptions of them as rational, disinterested observers of the events described.  Some defense  attorneys would play this angle through the insertion of dismissive remarks in the course of cross examination such as: “who knows what a woman would do” 6  while others made more  explicit links between femininity and irrationality. V. McKinnon, in 1916,  In Crown  a rape trial heard in the Vancouver Fall Assize  a neighbour of the survivor was closely questioned by  J.A. Russell,  defense counsel,  about the state of the  survivor’s mind and by implication the weight that her claim to have been raped should bear in court:  Q: A:  Q: A:  Q: A:  Q: A:  Q: A:  Q: A:  [The Key witness) is a little bit excitable, isn’t she? Well, yes a little. She is a good deal, isn’t she? Well, sometimes. A little bit hysterical isn’t she? Not always. But she is at times? Yes Would you say at certain times of the month that she is more excitable than others? Oh no, only when she gets put about. Isn’t there one time in the month when she is almost hysterical? Oh no, I have never seen it, and I often go to see her.  6  BCARS,  GR 419,  BCARS,  GR #419,  V.213, V.202,  #7, p.7. #113 p.15.  26  Q: A:  I have lived opposite her for nearly two years. But if she is at all put about or dissatisfied with conditions, then she is inclined to be excitable? I never saw her excitable ‘till this case. In his examination of the witness,  Russell tried to  associate menstruation and hysteria to discredit the testimony of the rape survivor.  If the survivor had been “excitable”  and “hysterical” because of this supposed medical disorder, then by implication, rational,  her testimony must not have been fully  and therefore should be discounted in the calculus  of the court.  Here Russell drew on a much older tradition in  nineteenth century medical discourse about monomania.  This  feminine disorder had been constructed by a medical profession that believed “women could at any time cross the boundary between reason and unreason in the throes of ‘menstrual psychosis’,  ‘puerperal insanity’  8 or ‘menopausal mania’”.  The  link drawn by nineteenth century medical science between female organic functions,  like menstruation,  and mental  illness underpinned the belief that women were prone to BCARS GR 419 Vol.  295,  #65 p.17.  Ibid, p. 126, see also Mary Joe Frug, Postmodern Legal Feminism (Routledge, New York, 1992), and Catherine MacKinnon, “Feminism, Marxism, Method, and the State: Toward Feminist By invoking the language of hysteria, this Jurisprudence”. reference also subtly hints at the linkage made in turn-of -the century medical discourse between mental disorder and unbridled For more on this refer to Michel Foucault, The sexuality. History of Sexuality, Volume 1: An Introduction (New York, For a current argument about linkages made in legal 1978) discourse between female anatomy and irrationality, see Hilary Allen, “At the Mercy of Her Hormones: Premenstrual Tension and ):pp. 19-44. 4 the Law,” inL (l98 .  27 hysteria and fits of irrationality. 9  These medical  explanations, backed by the authority of science,  further  served to reinforce the popular perception that rationality was a masculine trait.  This article of faith made it yet more  difficult for survivors’ voices to be heard and heeded in cases of violence against women.  c)  verbal testimony and social positionality While all female witnesses were open to attacks on their  ability to offer ‘rational’ accounts of what had happened to them,  rape survivors speaking as non-whites, non-protestants,  or non-English speakers  (to name a few)  faced a double burden  of proving the rationality and legitimacy of their statements. The next three cases illustrate how the testimonies of some such witnesses could be cast by defense attorneys as un reasonable and thus not credible.  The first case offers an  illustration of how witnesses could be barred from giving official statements if they were judged to be lacking in their knowledge of,  or faith in, basic tenets of Christianity.  The  second illustrates some of the difficulties faced by witnesses who did not speak English, while the third offers an example of a Native witness whose testimony is rendered illegitimate on the basis of the speakers supposed irrationality. This position was echoed in another case from the period I studied, in which towards explaining the actions of the key witness, the ‘expert’ medical witness in an abortion trial offered his very expert opinion that: “There is no accounting for what a Woman Would do” BCARS, GR.#419 V.202 #113, p.15.  28 For a witnesses’s testimony to be admitted to court, legal protocol required an oath, verifying before the eyes of God,  the truth of the testimony.  This procedure assumed that  the witness in question possessed an adequate understanding of God,  Heaven and Hell.  With the cultural diversity in early  twentieth century BC, however, many people who entered the courtroom did not share the religious assumptions of the dominant Anglo-Saxon Protestants.  In the following excerpt  from a case of carnal knowledge heard in 1920, prosecution, W.M.McKay,  council for the  tried to establish that his witness,  Katrina Orlav, possessed an adequate understanding of the spiritual implications of lying. have been raped,  Q: A:  Q: A:  Q: A:  Q: A:  Q: A:  Orlav,  the woman claiming to  was a Russian Immigrant.  What is that? It is a bible. Do you know what a Bible is? It tells us about Jesus. Now when you are asked to tell the truth here and kiss that book, if you do not tell the truth what will happen to you? I don’t know. Well, did you ever hear that people should tell the truth? Yes. Why should you tell the truth, eh? Can you give me no reason for it at all?.. .Do you go to Church Mary? No, not now.  The judge  (court),  apparently grew frustrated and tried his  own hand at establishing Jane as an acceptable candidate to swear. COURT: COURT: A: COURT: A:  Jane, did you ever hear of Heaven? A Yes sir. What is Heaven, do you know? It is where all the holy people are. Well now what have you got to do to go to Heaven? Got to tell the truth.  29 COURT: And if you do not tell the truth, will you go to Heaven? No sir. A: 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 can 10  The following case of Crown V.  Singh,  heard in 1924,  further suggests how those who differed from an Anglo-Saxon, English-Speaking ‘idealized’ witness could encounter difficulty in legal struggles in the early twentieth century. Crown V.  Singh outlines the alleged attack of Yai Okumura by  Ram Singh. Yai Okumura lived with her husband Sanetoyo in a boardinghouse in the 1600 block of 2nd Ave West,  in what was  1 at the time an immigrant Japanese neighbourhood.’  Sanetoyo was a millworker,  and in the course of Yai’s  cross-examination she indicated that her husband was well 2 and that they were “quite rich enough.”  paid,  At the time  of the events in question the couple had recently returned from a trip to Japan.  Ram Singh,  blocks away from the Okumuras. communicate in English, limited,  °  a milkman,  lived a few  While Sanetoyo Okumura could  Ram Singh’s knowledge of English was  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 interactive “ data base on Japanese-Canadian Settlement History. 1993. 12  BCARS, GR #419, Vol.274,  case#4, p.  20.  30 Yai Okumura could speak no English,  trial.  with a translator of her own. reportedly were friends,  and was furnished  Ram Singh and Sanetoyo Okumura  although the two disagreed as to how  Singh claimed that they were quite good friends who  close.  spoke openly and often,  while Okumura insisted that he and  Singh were no more than acquaintances.’ 3  Yai had been to Ram  Singh’s house once before on a social call with her husband.  On December 11th 1923, household to,  Ram Singh called on the Okumura  as Yai Okumura attested:  “inform us to buy some  kind of furniture which he said was sold in some white man’s According to Yai’s testimony,  4 house”.’  Singh requested that  she then go help him with some cleaning at his house, Yai’s husband ordered her to do.  which  In the rest of Yai’s  testimony,  she outlined how Singh,  his house,  proceeded to rape her.  once he had her alone in  The following is an excerpt of the cross-examination of Yai Okumura by the defense attorney, Mr. Bird. passage,  In this  I draw attention to the way Yai’s inability to speak  English is questioned and doubted,  and suggest that this  mistrust extended to taint her testimony in this trial. MR BIRD:  When you talk to this Hindoo,  [sic]  in what language  Having no more information than the trial transcript this interpretation certainly sounds more plausible, as Singh needed a translator. ‘  BCARS,  GR #419,  Vol.274,  case #4,  . 2 p.  31 do you talk? I cannot talk very much you know because I don’t know very much English. I simply say “hello”. That is all I can say.  YAI:  Through a translator, MR BIRD: YAI:  MR BIRD: YAI: MR BIRD:  YAI:  Bird pushed this point:  Is that true? How long has she been in Vancouver? I lived in Vancouver about fifteen years but I always assist my husband in the housekeeping and have no time to go out and study the language. Ask her if this Hindoo does not speak very good English. I cannot tell you. I don’t know how he speaks. I myself don’t know that much. I am told that they had many a talk in English, long talks between this woman and the Hindoo. Ask her if that is not true? No, because I don’t understand much English.  At this point the prosecuting attorney, Mr. Mckay,  intervened  on behalf of Yai: MR BIRD: MCKAY: MR BIRD: JUDGE:  This woman understands English perfectly I am told. I want to get it. When he got you in the room... She does not understand English. Your instructions are apparently wrong. She has been here 15 years. 15 She pretends she does not.  Despite the protestations of the prosecuting attorney, substantiated by Yai herself,  the judge in this case seems to  have accepted the interpretation that Yai in fact did know English,  and was simply feigning ignorance.  Why was Yai not  trusted when she said she could not speak English?  How would  her knowing English have affected the jury’s decision? Questioning Yai Okumura’s ability to communicate in English was an effective way of casting doubt on her integrity as a  Ibid, pp.  14-19.  32 witness.  This case can be understood in part through the AntiAsian sentiment for which early twentieth century British Columbia is now known.’ 6 Asians  The denial of voting rights to  (until well after suffrage was won by white Women in  this province in 1917),  and the spatial segregation made  possible by the creation of Vancouver’s Chinatown and “little Tokyo”,  and the agitation of such groups as the “Asiatic  exclusion League” all reflect just a few of the ways Asians in British Columbia were subject to racism.’ 7 acknowledging  (or considering)  Japanese speaking husband,  Without  that Yai Okumura lived with a  within an immigrant community in  which English may well not have been used,  Yai’s language  skills are interpreted by the Judge in Cro V. Singh case not as an understandable feature of living in an insular minority  16  Much recent work by Geographers and others has begun to shed light on the workings and extent of Anti-Asian racism in See, for example, Kay Anderson, British Columbia’s history. “East” as “West”, Place, State and the Institutionalization of Myth in Vancouver’s Chinatown 1880-1980 (Vancouver, 1986); Peter Ward, White Canada Forever: Popular Attitudes and Public Policy Also toward Orientals in British Columbia (Montreal, 1978). Consider 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 a careful argument of the politics of Chinatown’s history, See also Margaret Ormsby, British Columbia: A History (Toronto, 1971) pp. 350-353.  33 community,  but rather as irrational and belligerent.’ 8  Similar difficulties of cultural translation took place when Natives entered the courtroom.  Crown V. Rogers,  a 1919 rape case that took place in Quathiaski Cove,  details a cannery  town on Vancouver Island.’ 9  The chief witness and the  defendant were both Native,  and the trial concerned the events  which transpired on July 30th,  1919 at the key witness’s home.  The fifteen year old witness was making beds while her mother was at work cleaning fishes in a local cannery. the accused reportedly came to the door, to drink something from a bottle,  Mid-morning,  tried to entice her  and tried to attacked her.  She reported struggling with her attacker, being overpowered and pushed onto her back on the bed, her clothes.  while the accused tore at  The scene was interrupted when a neighbour girl  appeared at the door then ran to get help.  The following  passage is drawn from the report of police officer Mr. Campbell,  Q: A:  Q:  in his questioning of the key witness’s mother:  Do you understand the nature of an oath? Do you understand that you have to tell the truth? I never tell any lies. How is it that you cannot tell us more exactly the date on which this matter occurred? 18  realize this line of argument leads to the question why suspicion was visited on Ram Singh, needing a translator, yet claiming he and Sanetoyo Okumura, (who I assume did not speak Crown Briefs, Singh’s native language,) were good friends. however, do not include interrogations of accused parties. BCARS GR 419 Vol.  228,  4*113.  34 A:  Q: A:  Q: A:  Q:  Because I never went to school I cannot tell the days. How do you count the days in your language since this trouble occurred? I cannot tell. Isn’t this a pretty serious matter with you.. Yes, very serious. I don’t know anything because I don’t keep count of anything. So you don’t know of your knowledge when this ° 2 happened?  Charged with collecting evidence and investigating the crime,  officer Campbell struggled to order the different  statements he received.  For his report to be of any use as  evidence in the courtroom,  he needed to know the precise time  and date that events he recorded had taken place.  Otherwise  there would be no way to evaluate the different statements he collected.  In questioning this native woman, however,  encountered resistance that he could not explain.  he  Perhaps she  would not co-operate with officer Campbell because she was trying to protect the defendant.  Perhaps she resented the  intrusion of the government in matters that the band elders were working to resolve in their own way.  Perhaps she could  simply not remember the date of the incident. to tell on the basis of Campbell’s reports. however,  There is no way What is clear,  is that Campbell was frustrated by the apparent  irrationality  of this native women who did not even “know of  knowledge” and would not “keep count of anything”.  [her]  Since legal discourse was founded on the very accounting procedures this woman called into question, 20  Ibid,  p.6.  the case could go  35 no further because she refused to co-operate.  Legal discourse neither passively absorbed,  nor was the  sole conduit of originary racism which in turn ‘seeped out’ wider social formations.  It did,  however,  in  serve as one forum  in which both race and race-relations were negotiated by and for British Columbians in the early twentieth century. all-white courtroom settings,  for example,  were peppered with slurs such as:  In  cross-examinations  “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 juries composed of “British” subjects and “good Scotch Colonists”. ’ 2 Rationality was not only gendered in the courtroom; also racialized.  it was  What I have outlined is a series of  strategies by which different truth claims offered by women witnesses testifying in cases of sexual violence in the early twentieth century were made to sound illegitimate. appealing to  (and reinforcing)  adjudicators’  between femininity and irrationality,  By  associations  women witnesses were  liable to being portrayed as suspicious and untruthful,  while  women who were in some way marginalized by the dominant culture-group in British Columbia at this time were particularly vulnerable to such attacks.  21  ! p.17.  BCARS, GR 419, Vol. 265 #22 p.52 & GR 419, Vol. 244 #107  36 II.  a)  PHYSICAL EVIDENCE  Witnessing Bodies  In addition to verbal testimony,  another form of  knowledge used in creating legal facts in rape cases is physical evidence.  Though attorneys would mine both verbal  testimonies and physical evidence to substantiate or refute that a rape had occurred,  as I have suggested, verbal  testimonies could be rendered invalid by attacking the rationality of the speaker. far less subjective,  Physical evidence was seen as a  and therefore,  in the eyes of the court,  more reliable, way of gaining access to the truth in rape trials.  It could answer not only whether penetration  occurred, but even questions of will.  In this section I  address the role of physical evidence in rape trials from early twentieth century B.C.  By focusing on one case of I draw out how the use of  carnal knowledge heard in 1919,  physical evidence in such trials worked to both objectify women witnesses,  and undermine their verbal testimonies.  The case of Crown V. Stacks turns around the events transpiring one August to Ann Bell, who lived in the 800 block of Hornby street with her mother (her father was dead) Ann, who was eleven years old,  22  routinely ran errands for  George Stacks, an older, widowed neighbour.  One day in July,  on the way down to English Bay for a swim, Ann stopped at 22  BCARS, GR #419 V.226 #92.  37 George’s house to see if he needed anything. While there, who reportedly had been drinking,  George,  raped Ann Bell.  In the course of the cross-examination,  the defense  attorney tried to establish his client’s innocence on the grounds that Bell had been wearing a bathing suit, was indecently attired the swimsuit).  and as such  (even though Bell had a dress on over  “Here you were”,  counsel chastised,  “You were  really naked in one way with bare legs and a bathing suit on and there was a man lying down on the bed drunk?” 23 the unsaid antecedent being;  “what did you expect,  if not to be raped?”.  The cross-examination continued along these lines,  during  which time the defense attorney became preoccupied with the question of whether the young Bell had had sexual relations with any boys or men previous to being raped by Stacks. Throughout this ordeal, patient.  Bell remained remarkably calm and  Eventually the judge intervened on behalf of Bell,  rescuing her from further badgering by the defense. in turn chastised the defense attorney:  The Judge  “I think it is too bad  with a little girl who is so straightforward. You have given 24 this little girl an examination you would give to a man”. The Crown Brief does not include additional information or the verdict for this case. 23  Ibid,  24  Ibid,  p.14. p.14.  38 In the course of cross-examination,  counsel tried to  attribute George Stack’s assault on Ann Bell to Bell’s presentation of her own inherently sexual body.  Though one of  the two defining characteristics of rape is that the actions were against the will of the woman involved, ‘will’  the notion of  was far from a straightforward one within legal  discourse surrounding rape trials from this time. as Catherine Mackinnon has noted,  Because,  legal discourse is only  capable of accepting a singular interpretation of reality, attorneys need not convince adjudicators that a woman in fact wanted to have sex,  but only that his or her client had reason  to believe that she wanted to. 25  The defense attorney in this  case was thus interested in establishing Bell appeared to Stacks.  sexual an object  By choosing this line of approach,  the defense attorney invited the adjudicators to see Bell as an object for male sexual pleasure; thus,  essentially,  positioning judge and jury as rapists themselves.  One assumption imbedded in the aforementioned argument was that women needed to dress and behave modestly if they did not want to be attacked, because mens’ heterosexual urges were so overpowering that they could not reasonably be expected to  25  Catherine MacKinnon, “Feminism, State: Toward Feminist Jurisprudence”.  Marxism,  Method and the  39 control them. 26  Though this male gaze objectified women’s  bodies as sexual objects for male pleasure, women were still held responsible for how erotic they appeared to men’s eyes. Another assumption this line of argument makes is that a part of a woman’s body can stand in for the woman as a whole this case bare legs are meant to ‘speak’  for will).  (in  This kind  of fetishism was ubiquitous in early twentieth century rape trials in this province,  evidenced by the frequent appearance  of physical evidence in such trials. 27  Cut and scratched  torn clothing and loose teeth were all read as signs of  skin,  resistance, while bruises and lesions on,  in or near a woman’s  vagina were likewise read as signs of both resistance and penetration 28  b)  Court As A Space of Spectacle While the interrogation of bodies in the form of physical  evidence was seen as a useful way of gleaning knowledge about whether or not a rape had occurred, bodies could not speak for themselves.  Thus, physical evidence concerning women’s bodies  required interpretation (or translating) by  (male) medical  26  The interrogation of Bell’s past sex life further assumes that Women and girls are inherently sexual, which is why it is reasonable to suspect an eleven year old would have had lots of sexual experience. 27  BCARS, GR 419: V.204 #30; *104; V.271 *82. (5,7,36,41&48) 28  BCARS, #14. (15,24,26)  GR  419:  V.228,  V.231 #11;  #113;  V.201 #80;  V.275  #19;  V.244 V.238  40 experts.  In regards to the use of expert medical witnesses,  I  would 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 individuals  spoke with the authority of objective knowledge. 29  Second,  while the authoritative gaze through which doctors interpreted and spoke for women’s bruised,  cut and otherwise disfigured  bodies was in some ways clinical, ° 3 eroticized.  it was at the same time  As Gillian Rose has theorized in regards to  Geographers looking at landscape,  the gaze of the  professionalised male medical expert looking at women’s intimate body parts cannot be separated from the voyeuristic pleasure of looking. ’ 3 case of Crown V.  Not unlike the defense attorney in the  Stacks,  the ostensibly disinterested gaze of  expert medical witnesses was “torn between pleasure and its  29  Rhode As in Justice suggests Gender, and The criminalization of abortion was a useful way to limit the number of those practising medicine in a community. “(abortion) provided doctors with a means of asserting technical, ethical, and social superiority over their competitors, particularly mid wives and other practitioners who had not graduated from the approved educational programs. Deborah L. Rhode, Justice and Gender: Sex Discrimination and the Law (Cambridge, Mass, 1989) p.203. °  For more on the power implicit in the clinical gaze, see Michel Punish Foucault, DisciDline And (New York, 1979) (Originally published in French 1975). ‘  Gillian Rose, pp.1O1-l1 . 2  Feminism And Geography  (Minnesota,  1993)  41 repression”  •32  Both in the case of Crown V.  Stacks and in the use of  physical evidence in court more generally,  the assumption is  made 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 Crown V.  While in the case of  Stacks it was the assumption that bodies could  testify about wills that allowed for questions about what Bell was  (or was not)  wearing in the first place.  could testify to will,  then there was no need to inquire about  the witness’s consent in the matter, dress,  If presentation  could testify to it.  because her body,  or her  A bathing suit was inherently  more provocative than a skirt, which was more provocative than a long dress because whatever women may think or feel,  their  bodies could at any time be rendered sexual objects for the voyeuristic pleasure of men.  The privilege assigned to physical evidence in early  32  Ibid,  p.103.  Alternatively, a lack of bruises could be read as Consider the following quote taken from a Rape case consent. heard in 1915. When asked by one of Jurors if it made a difference whether violence had been used to throw the woman on the ground (where she was then raped) the Judge responded: “If he threw her to the ground... and she consented, that is consent alright, provided she has not been thrown in such a way as to be fear of bodily harm. It may be consent that comes a little tardy, but it amounts to real consent” BCARS GR 419 V.201 #80 p.51.  42 twentieth century rape trials in British Columbia was based in part on the fact that such evidence was considered “directly accessible”,  either through the adjudicators own eyes,  or  through the supposedly disinterested eyes of expert medical witnesses.  Where verbal testimony could be discounted if the  speaker was deemed irrational by adjudicators, as bare legs and bruised skin) therefore stronger evidence, and privileged,  objects  (such  were seen as disinterested,  and  a distinction which identified,  visual evidence over oral testimony. 34  Based  on double assumptions about the transparency of the female body as a lens to will,  and the strong faith in the scientific  discourses which interpreted bodies  (and thus desires),  physical evidence was positioned as a powerful tool for gleaning knowledge about the events in rape trials from the early twentieth century.  In this chapter I hope to have shown how the voices of women witnesses testifying in cases of sexual violence early in this century were enframed by legal discourse and subject to various kinds of qualifications. that certain witnesses  I have further suggested  (for example women of colour,  English speakers and non-Whites)  non-  were subject to a double  This is the same faith in the ‘truth’ of objects (and occlusion of the question interpretation which of their continues to privilege physical evidence (such as finger prints and DNA samples) in rape trials today. For a critique of such faith, see Bruno Latour, We Have Never Been Modern (New York, 1993)  43 burden of proof in order to have their voices heard. Alternatively,  I have suggested that physical evidence,  gathered through a voyeuristic yet socially legitimated medico-legal gaze, was positioned within the rationalized space of the court as more compelling evidence not only to questions of penetration and resistance, but also of will. I submit that this privileging of visual evidence over oral testimony in the construction and legitimation of truth claims in early twentieth century rape trials had two primary consequences.  For one,  in cases of rape,  it made it difficult to press charges  because physical evidence was  (and is)  not  only difficult to acquire, but potentially quite painful, both physically and emotionally,  to present.  Finally,  this  epistemic privileging of seen over heard evidence worked to silence the voices of those women who did have the courage to appear before early twentieth century courts in this context.  44 CHAPTER TWO: “WICKEDLY, UNLAWFULLY AND AGAINST THE ORDER OF NATURE”-HOMOSEXUALITY AND POST-VICTORIAN MORAL WRATH  Chapter one focused on the way in which women witnesses were positioned within the legal discourse of early twentieth century rape trials.  This chapter will focus on another form  of sexual regulation: the criminalization and punishment of male homosexuality.’  I interrogate the processes by which  male homosexuality was criminalized,  sought out,  and  prosecuted as one of the ways sexuality and gender were regulated through legal discourse.  My main argument is that  sexual ‘normalcy’ was defined by and for early twentieth century British Columbians,  in part,  through the  identification and punishment of “deviance”: typified by male homosexuals.  Legislation regulating some form of homosexual expression between men,  including buggery (sodomy)  and indecent acts,  accounted for the largest number sex-related cases heard before the Vancouver Supreme Court between 1915 and 1925, after carnal knowledge and attempted carnal knowledge  (See  I only address the prosecution of male homosexuality because sexual activities between women was not a criminal offense.  45 Appendix iii)  2  Further, because all sexual activity between  men was illegal in the eyes of early twentieth century criminal law in Canada,  all sexual activity of this kind was  treated like rape, with the individuals involved being assigned roles of defendants and witnesses.  While interesting  parallels can be made between the prosecution of sexual violence against women and that of male homosexuality,  it is  not the main objective of this chapter to chronicle them. 3  The prosecution of male homosexuality at this time warrants our attention not simply for the sheer bulk of cases, but also, and more suspiciously, was charged.  for the particulars of who  A second issue I address in this chapter is the  high incidence of South Asian men targeted in charges of male homosexuality.  I argue that the prosecution of male  homosexuals simultaneously defined deviance and normalcy, thus differentiating acceptable sexual expression from sin.  By  exploring a few of the documents which detail this practice in the lower mainland at this time,  I hope to say something about  both the way legal actors were able to regulate and punish the bodies and sexualities of others as a general phenomenon, as  2  See the Criminal Codes of Canada 1915 for a discussion of the distinction between buggery and other kinds of indecent acts. For the purposes of this paper, both will be used no more specificity than to refer to sexual activity between men. Moreover, the criminalization and punishment of same-sex love raises many questions which comparisons between it and attempts to regulate heterosexual sex simply cannot contain.  46 well as something about how these processes worked in the particular social context of post-Victorian British Columbia.  This chapter is divided into three sections.  After  establishing some basic groundwork with a brief discussion of the legislation concerning male homosexuality,  each of the  next two sections explores issues raised by a particular case of male homosexuality heard in the Lower Mainland between 1915 and 1925  (one in Vancouver,  first case,  Crown V.  one in New Westminister)  Lawrence,  The  .  involves two men who were  apprehended while making love in a car parked on West Hastings street early in the morning on July 1st 1924. Crown V.  Singh,  The second,  details the story of how officer Sydney W.  Bass apprehended Raja and Verun Singh making love in a private residence in New Westminister on March 25th,  1922.  In interpreting some of these thorny issues, prove valuable:  two texts  Eve Sedgewick’s The Epistemoloqy of the Closet  and Michel Foucault’s The History of Sexuality, Vol. with the aid of these very deft thinkers, however, identification of male homosexuality as deviant,  i.  Even  the  and in turn  locating this deviancy within a particular ethnic group,  BCARS,  BCARS, Government Records #419, Vol.279 case Government Records #419, Vol.256 case #84.  #80,  and  Michel Foucault, The History of Sexuality, Volume 1: And Introduction (New York, 1978); Eve Kosof sky Sedgewick, The Epistemoloqy of the Closet (Berkeley, 1990)  -  0  ijC)  0  H-iH-  I—’ H- 0 H CD a) H•  CDCl)  a)  0 = CF :c-r i  CD  H-  CD H  D) irt a) CD H-  H  H-Cl) 0  CD  rt  gi.  )CDMi ft  H- i-. 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II.  BAD HABITS In 1886,  male homosexuality was for the first time named  9 as a distinct crime in Canadian jurisprudence.  Though the  law would be changed and refined in various ways well into the  Canada, 1890-1920,” Law and Justice in a New Land: Western Canadian Legal History Ed. Louis A. Knafla, 1986) 8  Foucault,  The History of Sexuality,  Vol.  Essays in (Toronto,  1, p.43.  “Legal Restraints and Social Attitudes” , Gary Kindsman The Regulation of Desire (Montreal, 1987), p. . 279  49 twentieth century,  it was at this time that the Canadian  Criminal Code first passed “An Act Respecting Offenses Against Public Morals and Public Convenience”,  in which ‘indecent’  acts between males were explicitly prohibited.  Between 1915  and 1925 ten cases of sex acts between males were heard before the Supreme Court in the city of Vancouver.’ 0 case was distinct in terms of the charge, of apprehension, in Crown V.  Though each  setting and method  some of their important commonalities appear  Lawrence,  a case in which Ray Lawrence was charged  with gross indecency on July first,  1924.”  As in the  majority of transcripts from cases of male homosexuality during this period,  this case offers only the briefest of  sketches concerning the circumstances of the said event. Nevertheless, brief,  the information contained within this Crown  coupled with the way it was presented,  some of the methods by which  sheds light on  homosexual men were prosecuted  in early twentieth century British Columbia.  At 3:30 am July first 1924,  officer P.B.  patrolling his beat on West Hastings Street.  Berry was In the eleven  hundred block he noticed movement from inside one of the parked cars,  a Ford coupe located on the North side of the  ‘°  seven more This includes three charges of buggery, charges of actions which were perceived as leading up to buggery, including five cases of gross indecency, and two cases of attempted indecency. ‘  BCARS GR,  #419 V.279 #80.  50 street. man  When he approached he saw three men in the car: one  (the accused,  Ray Lawrence)  performing oral sex on a  sailor, with another sailor fast asleep. testimony, then  [I]  According to Berry’s  he “watched him there for fully 15 or 20 seconds,  reached in and got hold of him by the hair and pulled  him off it.” 2  The following is an excerpt of Berry’s cross-  examination by the prosecuting attorney, Mr. trying to establish the defendant’s guilt,  Oscar Orr.  In  Orr is particularly  concerned with establishing the high visibility of the said event. Questions by Mr.  Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: it Q: A: Q: A:  Orr to officer Berry:  Now this was on the public street in the City of Vancouver? Yes. In this Province and Country? Yes. And parked you say right at the kerb? (sic) The car was parked alongside the kerb. And the kerb is where the sidewalk starts and where pedestrians walk? Yes. Were there any curtains up on the coupe? It is a closed-in car. No, the window was right down. But the window was down? Yes. And did the accused offer any explanation when you yanked him off? Oh, he just said, that was before I warned him, he said was a bad habit he had. And how long did you wait before you approached the vehicle after you saw it? I knew there was something in it and I waited there for about two minutes. You waited twenty five feet away from it for about two minutes? I didn’t wait twenty five feet, I was sneaking up on  12  Ibid,  p.2.  51 it all the time. 13  This case points to several important aspects of the processes by which gay men were criminalized and prosecuted at this time and place.  Certainly it suggests that police were  an important link in the maintenance of state control, entrusted with the surveillance and apprehension of individuals partaking in activities of which they, as representatives of the state, did not approve.  Second,  through the emphasis placed on the publicness of the act,  this  case also betrays an important relation between how certain spaces, and certain crimes, were defined in the minds of the those who would apprehend and adjudicate homosexual men.  By the 1910’s and 20’s Vancouver was part of a lawful society,  in which had been articulated a precise set of laws,  and a sophisticated network of courts, police,  judges,  juries  and prisons devoted to dealing with those who breached them. These individuals and institutions were trustees of state power, and were often the harbingers of that power in its rawest form: charges,  sopenas,  injunctions and sentences.  However, this was not a police state. on which it was built,  Like English Common Law  the juridical system in place in Canada  in the early twentieth century held sacred the ideals of individual rights and freedoms, 13  Ibid, pp.3-7.  the notion of a sovereign  52  as well as a strong belief in private property.  state, theory,  In  the limits and boundaries beyond which legal  surveillance would not penetrate would be outlined for all citizens in the pages of the criminal codes.  In the 1886  “Act Respecting Offenses Against Public  Morals and Public Convenience”, an ‘indecent act’  as the 1924 criminal codes,  is defined as “anyone who.. (a)in the  presence of one or more persons does any indecent act in any place to which the public have or are permitted to have access; or,  (b)  does any indecent act in any place intending  thereby to insult or offend any person”.’ 4 then,  It would appear,  that the criminality of a given act was at times  constituted in part by where the act occurred.. .i.e.,  a  particular act occurring in ‘public’ might be considered liable for criminal prosecution, while the same act taking place in a ‘private’ place,  such as a  (private residence)  would not.  How did that same criminal code define ‘public’? first example offers the following definition:  “A ‘public place’  (not very illuminating)  include(d)  any open place to  which the public have or are permitted to have access, place of public resort.” Reading on,  14  The  however,  and any  a curious  James Crankshaw, The Criminal Code of Canada Canada Evidence Act (Toronto, 1924), sec.205, p.208.  and  the  53 qualification is added: public go,  “A public place is one where the  whether they have a right to go or not. .any place  may be made public by a temporary assemblage”. 15  Instead of laying a clear boundary, offered no boundaries at all.’ 6  then,  criminal codes  In this arrangement,  becomes a wonderfully malleable concept.  I  suggest,  ‘Public’ in fact,  that it is just flexible enough to justify police entering some places  (those of their choosing)  certain crimes,  in order to prosecute  (for instance sex between men), while  justifying the occlusion of crimes for which prosecution caused more social friction:  such as domestic violence.  Instead of certain spaces being uniformly shielded from state examination,  respect for the boundary of the home  other space)  was in practice completely at the discretion of  individual police officers.  The next case serves,  (or any  among other  to further illustrate the poverty of the notion of  things, bounded,  private space beyond which the state will not look or  apprehend.  ‘  16  Ibid,  sec.205 p.208.  construction of on the space, more social For 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.  54 III.  SOUTH ASIANS AND THE PROSECUTION OF MALE HOMOSEXUALITY IN  THE LOWER MAINLAND The single most striking feature of the cases of male homosexuality heard between 1915 and 1925 in Vancouver is the preponderance of South Asians as targets for this charge. While South Asians accounted for only a small fraction of the lower mainland’s population in the early twentieth century, they accounted for just under half of those who appeared before the Supreme Court for homosexual activity in the years between 1915 and 1925.  This section represents my attempt to  address that phenomenon. one such case,  Structured around an excerpt from  this section addresses several important issues  raised by the disproportionately high incidence of South Asians in cases of homosexual activity in early twentieth century British Columbia more generally.  I argue that the  frequency of South Asians in cases of homosexuality at this time and place is both a factor of the official surveillance this group was under,  and an expression of an association made  between sexual deviance and cultural Otherness.  The forms of surveillance which extended into the lives and activities of British Columbians in the early twentieth century did not constitute a homogeneous process affecting all individuals equally or in the same way.  Though in theory all  members of this society were subject to the same laws and the same system for meting out the consequences of illegal  55 behaviour,  lived experience tells us otherwise.  emissaries of state surveillance  Like now,  (such as police)  in the  1910’s and 20’s in BC were selective about what spaces, whose actions,  they chose to attend to.  Clearly,  and  these  choices are implicated in historically specific power relations within, were made.  and reflecting,  the society in which they  I suggest that in this instance state surveillance  focused on a particular group that was seen as a threat to the values and mores of the dominant group--whites of British descent.  In the case of Crown V.  Singh,  heard on March 25th 1922  in the New Westminister Supreme Court Assize, tried with the charge of gross indecency.’ 7  M.  Singh was  Though it was  heard in New Westminister rather than Vancouver, chosen to focus on this case because it offers,  I have I think,  the  most explicit example of the kinds of surveillance taking place in the lower mainland at this time. was a travelling  (assize)  court,  As well,  since this  the form of this case is the  same as the others in the data set.  All other cases of male  homosexuality I considered were heard in the Vancouver assize.  The crime in question took place at a boarding house located on the block between Auckland Street and Queen’s  17  BCARS,  GR #419, V.256 case #84.  56 Avenue,  and 10 and 11th streets in New Westminister 8 .’  The  arrest was made by police officer Sydney W. Bass, who reported that he had “occasion to be in the vicinity” of the boarding house the night of March 25th; he may have been necessarily)  on rounds.  (though wasn’t  In the course of cross examination,  prosecuting attorney K.C. Macgowan questioned Bass as to the details of this boarding house.’ 9 description of the building:  Bass gave a rough  a three story structure facing  the lane between Queen’s Avenue and Auckland street, with a railed Veranda facing the lane and an addition on the Queen Avenue side.  Officer Bass approached the house from the back  alley.  Bass reported that while walking in the back alley,  he  heard some talking in the corner room of the house facing the veranda.  After listening for a minute or two,  onto the verandah,  he moved up  and peered over the blind into the room in  which he heard the voices.  In that room,  Bass reportedly saw  a White boy and a Hindu man sitting on a bed together. ° 2 Also, peering through the front door he caught a glimpse of 18  Though referred to as a boardinghouse throughout the case, when asked directly what the house was used for, officer Sydney Bass answered that “It was formerly a Boarding House, but lately there have been several Hindus living there.”. He does not elaborate. BCARS government records, #419 Vol. file# p.23. ‘  The defendant, Attorney. 20  Ibid,  p.3.  Singh,  had only an interpreter,  but no  57 another South Asian man hall to another room,  (though not the accused)  cross the  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 and walk across the passage into the room he occupies; I waited long enough for him to get into his room and as I opened the door I heard him handling bottles; I took a glance into his room and when I had entered he said ‘Hullo’. I went upstairs and he was coughing all the while I was going up, which I considered was a noise to attract the attention of these men upstairs. I went upstairs 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 the accused and Leo Dublin, this door is on the left hand side of the landing upstairs. Q: Will you describe what you saw? A: Duplin had the front of his vest and his coat open and the front fly of his trousers was open too, and he was just fastening his belt and his shirt was all around his waist: 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 hanging loose. Q: What was he doing? A: The Hindu (the accused) was making an effort to pull his trousers up. .1 asked the accused what he was doing there, and he said ‘nothing’. I asked Duplin what he was doing there, and he said ‘I have come up here to make a dollar’. .  Bass then reported having taken both men into custody.  That  21 is end of the cross-examination.  The scene of a White police officer standing on a Veranda in a back alley at night, peering into a lit room where he sees two men together on a bed,  one brown,  an ambiguous assemblage of interpretations. 21  Ibid, pp.  2 &3.  one white,  evokes  Like the first  58  case discussed, this excerpt speaks to the fluidity of the boundaries demarcating those spaces beyond which the legal gaze will not penetrate.  In no cases of male-female sexual  violence from this time was there anywhere approaching this degree of intrusion into the private space of an accused person.  Why was it allowed in this case?  Would Officer  Bass’s actions have been justified had there not been two men caught 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 the individuals adjudicating this trial was fundamentally bound up with the politics of who,  and what,  he saw.  I first illustrate how South Asians as a group were problematized by the Canadian government at this time,  then  offer a possible interpretation over the cultural politics of such a disproportionate number of South Asians being tried for homosexuality 1910’s and 20’s B.C.  In the absence of texts  which could supply actual ratios of homosexual activity among White and,  in turn,  this century,  South Asian men for the early years of  I conduct the following argument as if they are  the same.  Canada opened its doors to South Asians in 1903,  then  59 officially closed them five years later. 22 South Asians 23 Columbia.  (almost all men)  By 1908,  2,623  had immigrated to British  Within this brief time,  small communities of  South Asians emerged in cities and work camps up and down the West Coast.  Due to a number of acts and restrictions between  1910 and 1914,  however,  the number of South Asians residing in  British Columbia fell steadily until no more than 80 individuals remained in the province by 1930.24  The treatment of South Asians in Canada in the early twentieth century is perhaps best characterized by the now infamous case of the Komagata Maru,  in which a boat by that  name containing South Asians hoping to emigrate was turned away,  after floating in the Vancouver harbour for 4 weeks,  being allowed to land. extreme case,  not  Though this incident stands out as an  it demonstrates in broad outline the way Asians,  and particularly South Asians, were viewed in the first quarter of this century: with suspicion,  distaste and fear. 25  22  Though a trickle continued over the course of the following years. Hugh Johnston, “The Surveillance of Indian Nationalists in North America, 1908-1918,” BC Studies, No. 78 (Summer 1988): p.3. 23  Indians Overseas: A guide to source materials in the Indian Office 1830-1950, Ed. Timothy N. Thomas (London, 1985), p. 22. 24  25  Ibid, p.22.  See Isabella Ross Broad, An appeal for fair play for the in Canada (Victoria, 1913); Ted Ferguson, A White Man’s Sikhs Country: an Exercise in Canadian Preludice, (Toronto, 1975); Kernial Sandhu Singh, “Indian Immigration & Racial prejudice in  60 As Hugh Johnston illustrates in “The Surveillance of Indian Nationalists in North America 1908-1918”,  the Canadian  government unquestionably perceived this group as a threat. 26 Wary of insurgence and nationalist activity,  the Canadian  government hired personnel to chart the actions of all South Asians living in British Columbia at the time.  This directive  was responsible for a network of surveillance which in turn produced reams of correspondence between the immigration office in Vancouver and that of the federal immigration bureau Soon after the closing of immigration in 1908,  in Ottawa.  the  Vancouver immigration office had forged close alliances with immigration officials in Ottawa,  the Indian Office in London  and the Indian Government itself.  Each of these bodies was  interested in security surveillance of the actions of South Asians on the West Coast of North America. 27  These governments seemed most interested in investigating political meetings of any kind, gatherings,  religious or philosophical  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 meetings  were observed and documented with no further examination,  the  BC: Some Preliminary Observations,” Peoples of the Living Land Ed.J.V. Minghi, (Vancouver, BC, 1972). 26  Hugh Johnston, “The Surveillance of Indian Nationalists America 1908-1918”, pp.3-27. North in 27  Ibid, p.7.  61 meetings of one group received special surveillance and documentation.  The “Ghadar” or mutiny group vocalized their  disgust with Britain and advocated the use of violence as a means of gaining Indian independence.  The actions of this  organization were followed closely until 1913 when its activities were judged dangerous to national security in both Canada and the United States,  and its members deported. 28  Though it appears this particular group had a only a very small following and tenuous connections to any Nationalist group in South Asia,  this incident and others served to  position the South Asian presence in North America as a problem of international concern,  and galvanized state  distrust and disdain of South Asians residing in Canada and the United States. 29 Justice in Delhi,  According to the director of Criminal  for example:  “I look on the rabid  discontent of the Sikhs and other Punjabis on the Pacific Coast as one of the worst features of the present political situation in India.” 30  28  Ibid, p.12-17.  29  As Johnston argues, it was the fact of surveillance which served to politicize previously unpolitical individuals. 30  C.R. Cleveland, Director of Criminal Intelligence in Delhi, May 11, 1914. From Public Archives of Canada, GR 7, G 21, 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, 19081918”, p.16.  62 This international network of surveillance had several important consequences.  For one,  from the wealth of detailed  information amassed concerning the comings and goings of South Asians on the West Coast in the early twentieth century,  it is  possible now to reconstruct with amazing accuracy the paths of these individuals within the window of time between 1908 and 1914.  Further,  this project suggests something about the  nature of Canada’s political ties at this time.  Through  sharing the collected information about the South Asians living in British Columbia,  Canadian Immigration officers and  the India Office in London could work towards a common goal, against a mutual ‘enemy’.  Put another way,  the identification  of South Asians as a threat to national security in Canada solely because they were understood as a threat to Britain, was in many ways an exercise in reinforcing Canada’s role within the orbit of Imperial power:  it was a way of  reinscribing British Columbia’s Britishness.  Now,  to return to the prosecution of homosexuality in  British Columbia at this time.  As was touched on earlier,  the  cases of homosexual acts between men heard before the Supreme Court in Vancouver between 1915 and 1925 transpired not long after ‘homosexuality’  itself had come into being as a legal,  medical and psychiatric concept,  a project that,  it has been  argued, was useful in the differentiation of sexual normalcy  63 (and legality),  from sexual deviance, and criminality. ’ 3  Given the social terror and non-tolerance for homosexuality suggested by legal texts from the early twentieth century, how are we,  as late twentieth century readers,  to interpret the  extremely high proportion of such charges being laid against members of a particular non-white minority?  The degree of  state scrutiny trained on the actions of South Asian men certainly begins to explain this phenomenon. explains it completely.  Perhaps it  Before concluding, however,  I would  like to suggest another possible interpretation for the curiously high number of South Asians appearing in charges of homosexual acts in early twentieth century B.C.  Drawing on  the works of Edward Said’s Orientalism and Sara Suleri’s The Rhetoric of English India,  I argue that pattern of who was  tried in cases of homosexuality from time suggests an association between socially sexual deviancy and cultural Otherness  32  In Orientalism Edward Said charts the process by which  31  Michel Foucault, The History of Sexuality & Eve Sedgewick, Epistemology of the Closet. As Sedgewick notes, the distinction between homo- and heterosexuality invites a closer examination of the relations between that which is called ‘sexuality’, and other ways of being in society. Throughout this century, sexuality has not been distinct from other facets of social identity, in that sexuality, and in particular sexual orientation, has served as a central system of categorization throughout the modern age. 32  Edward Said, Orientalism (New York, 1979); Sara Suleri, The Rhetoric of English India (Chicago, 1992).  64 both “the Orient” and “Orientals” have been historically constructed by,  for,  and in opposition to, Europe and the  By voyaging to,  West.  looking upon,  and taking back visual  and textual descriptions of the Orient, Said argues that Europeans created within nineteenth century English and French geographic imaginations an “Orient” which was exotic, 33 savage and enticing.  chaotic,  One fold in this system of cultural  ‘Othering’ outlined by Said was an association between the Orient and sexual abandon and promiscuity.  Said asserts that through these Orientalist discourses, colonial possessions in general,  and India in particular, were  seen as places in which young English men could acquire sexual experiences unattainable in Europe, noting various eighteenth and nineteenth century “pilgrims” to the Orient in search of “a different type of sexuality”, one which was “more libertine 34 and less guilt-ridden”.  Said further traces this thread  through the work of writers Edward William Lane, Chateaubriand and Burton, among others. Lane,  Flaubert,  In his reading of  Said notes how “everything about the Orient... exuded  dangerous 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 the freedom of licentious sex”, as a more global commentary on Said, pp.  162-166.  Ibid, p.190.  65 Orientalist writing. 35  In her analysis of this strand of cultural imperialism, Sara Suleri insightfully defines “The Orientalist will to sexualize as one manifestation of the anxiety of empire”. 36 In her discussion of this “imperial erotic”,  Suleri identifies  the tendency within colonial discourse to code both colonized territories, as feminine.  and the bodies of non-White,  non-European Others,  Sidestepping formulations in which  colonialization is unproblematically likened to rape,  Suleri  unpacks the complexity of the gendered and sexualized terms in which discourses of colonialism are coded.  Using as her  starting point the effeminacy assigned to South Asians in Orientalist writing,  Suleri argues for a reinterpretation of  the imperial erotic in terms of homoerotic desire for the colonized Other on the part of the colonizer. of effeminacy”,  Suleri tells us,  colonial gaze is  “This discourse  “makes evident that the  directed to the inscrutability of an  Eastern bride but to the greater sexual ambivalence of the effeminate groom”. 37  For this argument she focuses on  literary works surrounding the colonization of Anglo-India, through the specific examples of E.M.  Forster’s Passage to  India and Kipling’s The People of India. Ibid, p. 36  167 & 190.  Suleri, p.15. Suleri, p.16.  Suleri draws out  66  the “marked homoeroticism” to be found in these and other narratives of colonial encounters, and notes the epistemological ‘terror’  imbedded in such a formulation. 38  She makes these claims in order to strengthen her critique of colonialism as an expression of crisis over masculinity.  Like Said, Suleri also remarks on the importance of the colonial gaze in the workings of Orientalism in general, and in the ‘homoeroticization of race’  specifically.  implicates the various forms of description,  She  categorization  and codification found in colonialist projects, as well as in literary treatments of colonial contact, as a powerful control mechanism,  asserting that “British imperialism in India is  predicated on an act of cultural looking that translated into a hysterical overabundance of the documentation of racial vision”  The meeting of colonizer and colonized in the case of Crown V.  Singh stands in distinction to the processes of  colonialism and Orientalism discussed by Said and Suleri in at least three ways.  As opposed to small groups of English  encountering South Asians in India; in British Columbia,  small  communities of South Asians were far outnumbered by the White settlers, 38  and were dispersed in archipelic fashion across the  Ibid, p.15. Ibid, pp.135 &18.  67 province.  Further, while the vast majority of the White  population in BC at this time was of English origin, meetings between colonizer and colonized took place not in India, but in another colony.  As well, trial transcripts differ from  literary fiction in that their authors unambiguously seek to produce truths.  Nevertheless,  I argue that both the surveillance visited  upon South Asians in early twentieth century British Columbia, and the preponderance of individuals from this group in charges of homosexuality from this time bespeak exactly the kind of ‘terror’ posited by Suleri and Said.  Their work is  useful towards interpreting these phenomenon in at least three ways: firstly,  in the association posited by Said between non  white peoples and the exotic, as advanced within discourses of orientalism; secondly,  in the specific association between  South Asians and forbidden/homoerotic desire advanced within English discourses of colonialism, as argued by Suleri; and thirdly,  in the importance of the gaze to both these  processes, as argued by each.  Though this was not England,  it was a place in which the  majority were of English descent, ° run in large measure by 4 English capital, with political allegiances to England, governed by English common law. 40  This place was fundamentally  And the vast majority of those in positions of power.  68 shaped by,  and implicated in,  orientalism.  I submit that neither the association of South  Asians with the exotic, sexualize’  discourses of colonialism and  non-White,  nor the orientalist ‘will to  and particularly South Asian,  would have been foreign to the police, responsible for the apprehension,  of sexual deviance,  judges and juries  adjudication and punishment  of homosexuality in BC at this time. the ‘locating’  Others,  In such a formulation,  and especially, perhaps,  homosexuality, within the South Asian community in British Columbia could be seen as an expression of exactly the kinds of ‘anxiety of empire’ case,  suggested by Suleri.  anxieties over masculinity, nation,  Were this the  race,  and repressed  homoerotic desire would have colluded to render South Asians a particularly easy group to target for charges of forbidden, exotic,  (and wicked)  Finally,  things.  the theme of surveillance discussed by both Said  and Suleri harks to the kinds of practices going on in British Columbia at this time, both by immigration officers documenting the comings and goings all South Asians in the province,  and police officers voyeuristically looking into the  residences of South Asian men.  These examples speak not only  the power of such invigilation, but to the pleasure, possibly desire,  and  afforded those behind such a gaze.  The apprehension and punishment of same-sex love, made  69 possible through a legal system in which ‘boundaries’ restricting some places from legal purview dissolved before the eye,  contributed to what has been called the “Western  fantasy of a world without any more homosexuals in it”. 41 British Columbian popular sentiment  (and legal doctrine)  In this  dream was joined by another just as powerful: one of a White province.  In this chapter I have argued that the overwhelming  number of South Asian men as targets for charges of homosexuality offers a powerful example of how both these “fantasies” colluded in legal discourse. discourses of orientalism and colonialism,  Through drawing on I have argued that  an association was made between sexual deviance and cultural Otherness; an association which worked to reinscribe racist power relations.  Thus,  texts invoked here describe one  “dream” of how some early twentieth century British Columbians wanted to see their province.  41  Eve Sedgewick, Epistemoloqy of the Closet, p.42.  70  CHAPTER 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 secure in the chivalrous attitude of our citizens. Is that confidence to be shaken? What is to happen if the guilty are allowed to go unpunished, what then of the boasted freedom & safety of womanhood, our mothers, wives, sisters & children? 1 -Prosecuting Attorney W.M.McKay, in the closing remarks of a rape case heard in 1921 before the B.C. Supreme Court in Vancouver.  The last two chapters were concerned with how women and men were objectified and sexualized in legal discourse.  This  chapter and the next focus on the process by which urban space was inscribed with gendered,  classed meanings.  Early  twentieth century legal discourse in British Columbia provided a forum in which the relations between in female respectability and urban space were negotiated.  As I argue,  womanly virtue was fundamentally bound up with the space of the home in early twentieth century Vancouver,  while space  outside the home was conceptualized by some as antithetical to female respectability.  I assert that these associations  proved damaging to women enmeshed in legal struggles, highlighted by selections from trial transcripts;  as  though at  the same time women also both resisted these place-based understandings of respectable womanhood,  1  BCARS,  BR 419 V.244 #107 p.17.  and used them to  U)  Ft  CD  5  1Q CD  Q  Li  Cl) H  Ft  Ft  CD  C)  l-  Cl)  Ft  d  CD H-  Cl  CD  H-  H,  H-  U) U)  Cl)  CD  Ft  H-  Cl)  Ft  C) H  CD  U)  CD  h  t  H-  H-  -  0 H  H,  0  U)  C)  5  CD  0  -  CD  CD  Cl) H  CD  U)  0 Cl  CD  H,  CD h CD  H,  H,  H-  Q  CD  Ft  H  -  Ft  l-  0 ci  C)  3  H-  U)  Cl) Ft H0  I-  Cl)  CD  l-  Cl) H  H CD  Q  H-  Cl)  CD  tQ H  H-  U)  CD  H-  Ft  H  CD  C)  0  Cl  Ft CD 1 CD  0  CD 3 C)  HCl)  ci 5  C) 0 H  U)  HFt H-  Li  k<  H  h  CD Cl)  H-  Ft  I—’  Cl)  U)  Cl) U)  H  Cl)  ><  U)  H, H-  Q  Cli  CD  d  h J  Ft  H,  Ft  l— H-  Ft HCl) Ft  U)  h  CD Cl)  U)  Cli  Ft h  C)  0  l-  0  <  H-  I<  U)  CD  Cl) Ft Ft Cl)  -  U) U) Cl) Q  Cl)  Q  H-  P.  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H,  CD  HC)  —  Ft  CD  Z  IU)  CD  Q  l-  5  H  CD CD  k<  H  H  Cli  C)  lH-  Ft 0  HU)  t Ft  CD  H,  CD H CD  U)  Cl)  H,  0  Cl) Ft H0  H-  S  Cl)  CD  CD  Ft  tQ  0  l-  Ft Z  U) U)  CD 0  0  C)  0  Ft H-  l-  Cl)  C)  H-  U)  Q C)  c1-  Ft  Ft 0  Q  0  C)  D  CD  CD  C)  CD U)  l-  Cl)  C)  Ft  Ft  t U)  H  H,  H  U)  Ft  t  Cl)  ‘d  CD CD  Ft  H,  0  CD l  U)  H  l-  =  Cl)  U)  HC)  H  H-  Ft Cl)  I-  CD  C)  ‘-<  Q.  CD  Q  CD  CD Cl) Q  5  C)  0  = h  Cl  HU)  CD CD  Ft  Cl)  Ft  Cl)  0  CD 1  H-  j  CD  Ft  C)  Cl)  C  =  CD H  CD  C)  HFt CD  CD  Ft  H,  Q  Z  0  H-CD  Ft  Cl)  t  CD  Q  U) H-  C) 0  CD  Q  Q  l-  U)  CD  Ft Cl)  Cl)  Cl)  C)  H-  CD  Ft  Ft II  H  72  By the early twentieth century in the West, no other single event had had as widespread, or as profound, an impact on the conception of ‘the street’ as a space of danger for women as the ‘Jack the Ripper’ murders, occurring in London in 1888.  Over a ten week period,  five women were murdered and  dismembered within the district of Whitechapel, East London, during what has been remembered as the “Autumn of terror”. 2 These murders all took place at night, and all produced grizzly results but few clues.  They also captured the London  media attention, which in turn provided ample representations of the events for horrified yet mesmerized readers.  As Judith Walkowitz has outlined in her consideration of the ‘Ripper’ murders,  images of Whitechapel figured  prominently into media representations of the events.  This  working class neighborhood, she argues, was variously constructed as menacing,  alien, and foul.  One penny paper  identified Whitechapel Road as the “portal to the filth and squalor of the East”, while the Daily Telegraph told how “Turning into a side street, one was ‘plunged’  2  into the  Judith R. Walkowitz, City of Dreadful Delight: Narratives of Sexual Danger in Late Victorian London (Chicago, 1992), pp. 191-228.  73 Cimmerian darkness of lower London”. 3  Through such salient  representations, Whitechapel was firmly tied to the social evils that occurred there.  The danger one could expect on a trip to Whitechapel was likewise made clear in media portrayals of the events. Newspapers warned that:  “aggravated assaults,  flesh wounds from knives,  attended by  are frequently met with,  and men and  women become accustomed to scenes of violence”, while upperclass readers were advised that “it may be well to tuck out of view any bit of jewelry that may be glittering about”.  Images  of Whitechapel as a space of rampant illicit sexual activity came to the fore as well, as Dorset Street  through descriptions of locales such  (nicknamed “Do as You Please Street”)  which  were identified as popular venues for poor prostitutes “four penny knee tremblers”)  (or  to ply their trade. 4  One of the key elements captured by reports of the “Ripper” murders was the widespread fear among London women, example,  of being out alone at night.  (at least)  News reports,  for  speculated over to the identity of the killer and the  Daily Telegraph, 10 September 1888 & East London Observer, 27 July 1889, quoted in East End Underworld: Chapters in the Life of Arthur Harding, Ed. Raphael Samuel, (London, 1981), p.110; “The Curse upon Mitre Square”, quoted in Daniel Farson, Jack the Ripper (London, 1973), p.99. East p.194.  London Observer,  July 27th  1889,  Quoted  in  Ibid,  74  profound fear produced by the ‘ripper murders.  As one long  time Whitechapel resident recalled after a near sighting of Jack the Ripper:  “I was terrified to put my head outside the  house for days”. 5  For as much fear these murders caused among prostitutes and other working poor women who lived in London’s East End, however,  unease over traversing nighttime streets was not  restricted to these women alone, nor only to women living within the spatial boundaries of Whitechapel.  Though some  middle-class women argued that the Ripper wouldn’t harm ‘respectable’  women, based on the fact that all his victims  had been prostitutes, many others had their doubts.  One  female secondary school teacher who lived in London’s West End at the time,  for example,  recalled “how terrified and  unbalanced we all were by the murders. the corner,  It seemed to be round  although it all happened in the East End and we  were in the West. .even so,  I was afraid to go out after dark,  if only to post a letter.” 6  The “Jack the Ripper” narrative of sexual danger gained notoriety and an eventual legendary quality as news of the  R.J. Lees, the Jack the Ripper Case: Society for Psychical Research Archives, London. In Walkowitz, City of Dreadful Delight, p.283. 6  . 145 p.  M.V. Hughes, A London Girl of the 1880’s  (London,  1978)  75 Woman-slayings in London’s “Evil” East Side seized media attention around the world. 7  Through the cable service and in  the cultural lexicon of English colonialists, Whitechapel,  the events at  coupled with the numerous retellings,  speculations and interpretations surrounding them, were rendered the most notorious set of sex-crimes in the English speaking world.  In British Columbia,  the Whitechapel Murders were tracked  by papers in Victoria and New Westminister from mid-September to late November of 1888. example,  The “Victoria Daily Times”,  for  kept readers gripped with headlines such as “More of  the Whitechapel Horrors- the Bloodhounds Lost”,  “The  Whitechapel Horror-Horrible Discovery in a Water Works “Another Letter From ‘Jack the Ripper’,  Reservoir”,  8 will be at work Again Soon”. unfolding,  says he  As the events in London were  British Columbians kept abreast of recent turns.  According to an October 2nd article,  “London is in a fever of  excitement and the denizens of Whitechapel are in a state of terror tonight owing to the resumption of the horrible butcheries”.  In addition to vivid descriptions of the  mutilated bodies of the victims,  this article also makes note  of the social positioning of these individuals.  In “placing”  the “unfortunate creatures whose calling has manifestly made Ibid, p. 8  227.  “Victoria Daily Times”,  Oct.  19, Nov 10 &22.  76 them the objects of the inhuman butcher’s fury”, that “The two women found murdered.  .  it is  noted  in Whitechapel last night  have been recognized as dissolute characters who have long frequented that vicinity”. 9  The “Jack the Ripper” story came to form a widespread knowledge about what could happen to women in public places at night,  though specific interpretations of the events certainly  varied between individuals and groups.  For example,  these  murders were likely understood very differently by workingclass women living in Whitechapel than by British and American criminologists, psychologists and ‘sexologists’ who theorized the events in pages of professional and academic journals.’ 0 Public reaction and doumented speculation about the Whitechapel murders produced wide ranging, often contradictory understandings of the events.  While acknowledging the  multiplicity of meanings it would be possible to read into the killings at Whitechapel,  I would like to highlight two  interpretations which are of particular relevance to understanding attitudes about womens’ use of urban space.  Ibid, 10  At  October 2nd.  For examples of the American professional response see: Kiernan, James G. “Sexual Perversion and the Whitechapel Murders” Medical Standard 4, #5 (Nov. 1888) 3 -1 #6 (Dec. 9 pp.l2 O 1888), pp.170-171 and Spitzka, “the Whitechapel murders: Their Medico-Legal and Historical Aspects” The Journal of Nervous and Mental Diseases, 13, #12 (Dec 1888), pp. 765-778. Likewise, British include: professional responses “The Whitechapel Murders” British Medical Journal (8 Dec. 1888).  77 best this discourse worked to validate the restriction of women’s access to urban space at night, while at worst it located blame for the murders on the victims themselves. These messages can be conceptualized two ways:  (A) Women walking on  streets at night are in danger of violent,  sexual attacks.  This understanding was based on non-differentiated category of womanhood,  and thus associated nighttime streets as a space of  fear and danger for  jJ. women. Fear expressed by middle- and  upper-class women in response to the Whitechapel murders were based on this view.  This analysis competed in the popular press with a more specific,  far more insidious interpretation which could be  summarised thus:  Only disreputable women on streets at  (B)  night are in danger of being attacked.  Those who subscribed  to this interpretation focused on the fact that all of the slain women had been prostitutes, and thus sought to lay 1 ‘honest’ women’s fears to rest.’  Such an interpretation was  based on a particular set of assumptions. interpretation  (A),  First,  like  it differentiated the space of the home  from the space of the  (nighttime)  street, and identified the  “ As one female correspondent reported to the Ripper investigations taking place at Bradford Police Court on October 10th 1888: “respectable women like (my)self have nothing to fear respects and protects from the Whitechapel murderer.. (he) respectable females” From Rumbelow, Donald Complete Jack the Ripper, (London, Ward Lock, 1987), p.101. In ibid p. 224. Walkowitz then adds: “This was, of course, the line taken by police officials, who expressed amazement at what they regarded as the widespread female hysteria over the murders” Ibid. p.224.  78 latter as a space of potential danger. previous interpretation, ‘fallen’  Second,  and unlike the  it differentiated ‘honest’  or disreputable women.  Finally,  women from  it associated  disreputable women with the fearful space of the nighttime street.  In this arrangement, women who have been sexually  attacked in public spaces are rendered disreputable.  I  explore this association at greater length throughout the rest of this chapter.  To the citizens of nascent British Columbia,  nearly 90%  of whom claimed British origin by the 1920’s, Whitechapel,  and  the events that took place there in the Autumn of 1888 would have been a common reference point in the geographical imaginations of the  (particularly female)  2 populace.’  fifteen years after the “Autumn of Terror”, headlines as:  Nearly  for example,  “Jack-the-Ripper Murder at Revelstoke” graced  the pages of the Daily Province  (subcaption:  “fiendish crime  occurred yesterday when japanese woman was victim--mutilates 3 in revolting manner--the police are non-plussed”)’  While in  some ways the women and men of fledgling Vancouver were building a city from the ground up,  social  ‘rules’  and  expectations about how and by whom urban space was to be used 12  Sixth Census of Canada-Bulletins 1-21--Published by Authority of the Honourable James A.Robb, Minister of Trade and Commerce. R.H. Coats, Dominion Statistician, Dominion Bureau or Chief Statistician for E.S. Macphail, Statistics, Ottawa, Population. ‘  Daily Province, April 20th,  1905, p.1.  79 would have been shaped by past experiences and practices. Just as ‘home’ was linked in Victorian thought to female virtue; public streets,  especially at night, would likely have  been understood as distinctly male space in the young metropolis,  at least by the Anglo-Canadian majority.  of -the-century New York,  for example,  In-turn-  Cathy Peiss has noted  that “Urban spaces such as cigar stores, barber shops,  and  street corners were colonised by men as hangouts for socializing and relaxing”.’ 4  To women, classes,  especially those in the middle- and upper-  many of these ‘male- colonised spaces’ would have  been understood as potential cites of danger, avoid.  as places to  In the remainder of this chapter I will argue not only  that connotations of ‘forbiddenness’ were generalized to a wide variety of public venues and activities in young Vancouver,  but that within legal discourse the mere fact of a  given woman’s use of such ‘non-sanctioned’ public space could throw her reputation,  II.  and thus her credibility,  into question.  PUBLIC SPACE AND FALLEN WOMANHOOD  In her book Vision and Difference,  14  art historian Griselda  Kathy Peiss, Cheap Amusements: Working Women & Leisure in Turn of the Century New York, (Philadelphia, PA, 1986) p.17.  80 Pollock addresses how gender has been represented (and reproduced)  in modern art.’ 5  She does this in two ways, by  considering the inter-relations of gender, and in turn,  space, and class;  by considering how such concepts have been  rendered in paintings by male and female artists. chapter “Modernity and the Spaces of Femininity”,  In her Pollock uses  space as a central theoretical matrix, and identifies three spatial modes or ‘dimensions’  for further exploration: the  spaces that are and are not represented in paintings of modern life; the way space is organized within the paintings themselves; and the politics of social positionality which render given spaces open or closed to a given artist for viewing and painting. Pollock argues that both the choice of subject matter,  and arrangement of space within paintings  produced by women artists in the modern age have been categorically different from those created by men.  She  further argues that social rules about where respectable women could and could not go has been a central determining factor in the representations these women artists have made of their worlds  16  In her investigation of the relations between social  15  Griselda Pollock, and “Modernity Femininity” in Vision and Difference (London, 16  the Spaces of 1988) pp.50-90.  Though she does not restrict her discussion of the relations between respectability and bounded social space to only artists.  81 position and spatial practice,  Pollock takes up the notion of  social space as divided into ‘public’  and ‘private’  realms,  echoing the Victorian ideology of “separate spheres”, discussed in the introduction.  These spheres referred to the  presumably natural division between home and public life, a dipole which has come to stand for a long list of would-be oppositions,  notably male/female, work/home, paid/unpaid  labour, and public/private space.  Though recent scholarship  has brought a far more nuanced interpretation of the degree and kind of separateness between women and men in Victorian and post-Victorian societies, this dipole persists, even thrives as a conceptual springboard, particularly among feminist scholars,  for its utility in uncovering gender-based  power imbalances of various kinds.  While she resists a rigid interpretation in which all public space is barred to honest women, noting that such activities as boating, going to the theatre and for drives and promenades,  among other activities, have been accepted and  even encouraged for women in ‘polite’  society throughout the  nineteenth and twentieth centuries, Pollock emphasizes that conceptions of bourgeois femininity have been centrally based on socially- mediated restriction of access to many urban public spaces.  In describing how the limitation of access to  certain spaces has worked as a mechanism by which bourgeois women have come to know their femininity in the modern age,  82 Pollock asserts that: As both ideal and social structure, the mapping of the separation of the spheres for women and men (and) the division of public and private was powerfully operative in the construction of a specifically bourgeois way of life. It aided the production of the gendered social identities by which the miscellaneous components of the bourgeoisie were helped to cohere as a class, in difference from both aristocracy and proletariat.’ 7  How would such barred spaces be known in a place like early twentieth century Vancouver?  I submit that a rough  guide to barred, public space would begin with places that provided venues for the sale of sexed-bodies and opportunities for sex outside of marriage; such as nighttime streets downtown, halls.  cabarets, brothels and, potentially,  cafes and dance  The sale of sexed (female) bodies has long marked  certain spaces as off limits to virtuous women. twentieth century British Columbia,  In early  influenced as it was by  post-Victorian middle class notions of gender,  the female body  in modes other than virginity or motherhood would have posed a threat to bourgeois notions of both femininity and the nuclear family.  18  17 Pollock, Vision & Difference, p.68. 18  One way to understand the vehemence with which abortion was punished is that if having children was sacred, choosing abortion must therefore indicate wickedness and/or a deranged mind. This attitude is epitomized in the acidic remarks of Alexander Skeene. Commenting on the status of American women in 1905 he remarked: “Nature fortunately kills off the woman who shirks motherhood, but unfortunately it takes her a generation to do it”. in Deborah Rhode, Justice and Gender, (Cambridge, Mass, 1989), p. . 203  83  Fears over the sullying of such ideals reinforced, were reinforced by, motherhood,  and b)  and  the simultaneous glorification of a) criminalization of sexual practices which  fell outside what has been called the “reproductive 9 economy”.’  Sex outside such an economy challenged women’s  role as childbearers,  and could, potentially,  from objects of others’  reposition women  desires to subjects of their own: thus  posing a revolutionary challenge to Victorian conceptualizations of women as incapable of sexual agency or pleasure.  In turn, ‘fallen’  how are ‘fallen’ women known?  and ‘respectable’  Such labels as  cannot be taken as naturalized,  pre-existing categories, but rather,  their meanings are  realized through a process of social negotiation. these meanings are determined, ways of using urban space.  I argue,  One way  is through particular  As respectable women are known  through their avoidance of certain spaces, women known by their presence in the same.  so are ‘fallen’ As Pollock notes:  For women, the public spaces thus construed were where one risked losing one’s virtue, dirtying oneself; going out in public and the idea of disgrace were closely allied.. .to maintain one’s 19  By this I mean intercourse between married men and women for the purposes of procreation. The following does not address prostitution. For a critique of the historical erasure of female sexual pleasure see Paula Bennett, “Critical Clitoridectomy: Female Sexual Imagery & Feminist Psychoanalytic Theory,” Signs Vol.18 #2 Winter 1993, pp.235-256.  84 respectability, closely identified with femininity, meant not exposing oneself in public. 20  In this configuration ‘public space’  becomes a code word  for the sale of sex and other sexual exchanges outside the bounds of heterosexual marriage and nuclear families:  the  occupation of such space by a given woman thus becomes a codeword for her fallen status.  Put another way,  the “dread”  associated with nighttime-spaces outside the home could be understood two ways:  if a given women alone on the street at  night is not in danger, Indeed,  she must therefore be dangerous.  the clustering of arrests for sexual violence serves  to powerfully underscore this linkage in Vancouver  (See  Appendix iv for documented locations of sexual violence)  III.  CONSTRUCTIONS OF “FALLEN” WOMANHOOD IN COURT Thus far I have suggested that female virtue was defined,  by many early twentieth century British Columbians, through an individual’s use, spaces.  or avoidance,  in part  of particular  This section concerns how this linkage between  public space and fallen womanhood was used in legal struggles during the early twentieth century alternatively as a means of strengthening, character.  or casting doubt upon,  While some women “paid the price” for frequenting  places associated to fallen womanhood;  20  Ibid,  a female witness’s  p.69.  others, by distancing  85 themselves from such places, were able to convince jurists of their virtuous nature and relocate blame for a sexual attack on the defendant.  I should note that my project here has not been to ascertain 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 to  suggest that many young women who frequented these places saw their actions as a form of resistance to parental control and social convention.  Rather, my aim is to show how place was  used as a sort of code for female respectability in legal struggles.  I argue that women’s use, or avoidance, of spaces  outside the home was used in cases of sexual violence to ‘fix’ female witnesses as either virtuous,  and thus deserving of  legal retribution, or suspect, and thus responsible for their attack.  A central figure in Victorian and post-Victorian conceptualizations of gender roles was the “Woman-of-the Streets” or prostitute.  Notes Stansell:  as well as bourgeois moralists. linked to ‘ruin’,  .  “For labouring people  .prostitution was closely  a state of affairs to be avoided at all  86  ’ This figure was characterized by her lack of 2 costs”. ‘restraint’,  through sensibilities which could equally be  expressed in attributes such as  ‘impropriety’ or ‘imodesty’.  By subtly inferring behaviours associated to prostitution, defense attorneys in early twentieth century courts in British Columbia capitalized on juries’ notions of where women were and were not supposed to be, woman’s character. 22  thus casting doubt on a given  One important way in which this issue  was broached was through queries into a witness’s occupation of public space.  Consider the following case of carnal knowledge heard in 1923.23  In this case,  two 17 year old women claim to have  been raped by three men while downtown on Hastings St. night.  late at  In the course of the cross-examination the defense  attorney asks of one women:  Q: A:  Q:  You do not think it is a very proper thing for young girls to go out after midnight to bootleg joints, drinking, do you? No sir. Why did you do it, because you did not care? 21  Christine Stansell, City of Women”: Sex and Class in New York 1789-1860, (Urbana and Chicago, 1987), p.175. 22  Interestingly, a placed-based understanding of fallen womanhood even appears in Canadian Criminal Codes for this time. In 1915, for example, a woman could be charged with vagrancy for “being a common prostitute or night walker, wanders in the fields, public streets or highways, lanes or places of public meeting or gathering of people and does not give satisfactory account of herself”. Sec. 238 Criminal Codes of Canada-1915, section 238. 23  BCARS,  Government Records #419, V.265 4422.  87 A: Q: A: Q: A:  No sir. You knew it was not right? Yes sir. And still you did it? Yes.  Q:  And you went and repeated it last January, stayed out until one or two o’clock, drinking? Yes sir. You still had the same idea it was not a very nice thing for a decent girl to do? Yes sir. And you know that men would regard that in the same? Yes. These men did not treat you as though you were decent girls? They certainly did not. You cannot blame them very much, if you stayed out that late at night. No sir. 24  A: Q: A: Q: A: Q: A: Q: A:  In early twentieth century courts in British Columbia, defense attorneys often used such phrases as “improper” “immodest” or  “imprudent” to signal a women’s occupation of  certain public spaces.  Due to the association between certain  public places and fallen womanhood on which this attorney’s line of argument is based, this woman’s character is placed in question.  As the next two cases suggest, however, others were  able to utilize popular conceptions of the geography of womanly virtue to their advantage, extracting themselves from immoral landscapes and the loss of respectability they entailed.  As evidenced by the following excerpt from a case of seduction heard in 1923, 24  Ibid, p.74-79.  the association of public space  (in  88 this case dances),  and fallen womenhood could be alluded to in  order to position a given witness as a ‘good’  girl.  The  following exchange sketches part of the examination of a key witnesses’s mother by the prosecuting attorney. seeks to position her daughter, is advancing,  Q: A:  Q: A: Q: A: Q: A:  Q: A:  In it,  he  the key witness whose case he  as virtuous and wholesome.  What was her character? Her character--- we always found her character straight... She was a girl who was fond of amusement like a great many young girls are--- but perfectly straight as far as that goes. You spoke about her liking a good time. Did she go to dances? No, sir. What do you mean by ‘liking a good time’? Well, she was fond of her friends. Girl friends or boy friends? Well, I don’t know that she was very fond of boy friends. She had no company to speak of. Alright. You are quite sure she had not been to dances? Well, she was not accustomed to going to dances. .they had little parties at home, but not public dances. 25 .  This tactic is echoed in the following case of carnal knowledge heard on June 5th  1915.26  This case details the  trial of Roger Barett for the repeated rape of his niece, Margaret who had come to Vancouver to work and was thus living with her Aunt and Uncle on the North Shore. years old at the time of the trial.  Margaret was 16  According to Margaret,  her uncle had raped her several times over the previous six 25  BCARS,  GR 419 V.266,  26  BCARS,  GR #419, V.201,  #25, pp.4-5. #80.  89 months. When queried as to why she waited so long before telling her Aunt what was going on Margaret testified: afraid people would look down upon me if I told them,  “I was if I  told any body else I was afraid they would not believe me”. 27  The case the prosecuting attornies Donald Downie and Robert Cassidy sought to establish in this case turned on two points.  First,  although Margaret was young and working,  they  emphasized that she conducted herself in only the most respectable ways,  avoiding places and activities that could  have tarnished her reputation; and secondly,  although Roger  Barett and his wife were not Margaret’s parents,  they  nevertheless exerted considerable control over her actions, and it was out of respect and piety that Margaret did not make her accusations public sooner. examination,  Q: A:  Q: A: Q: A:  In the introductory  Council for the prosecution queried Margaret:  You have stated that you were working. You were around town good deal by yourself, were you not? No sir, I worked three days a week and the other days I was at home. Where you at liberty to go out of the house whenever you liked? No, I was never allowed out without them, not at all. Your uncle and aunt both exercised control over your movements did they? 28 Yes. Further on,  character witnesses reinforced the image of  27  Ibid,  p.22.  28  Ibid,  pp.18-23.  90 Margaret as domestic and virtuous. Edward Ingham, Q: A: Q: A:  Consider the testimony of  a fisherman who also lived on the North Shore:  You know Margaret Barett? Yes, ever since she came here. What is her character? She is a very quiet girl. Never had a chance to be anything else. She has always been kept at home. 29  Later,  Downie examined a Mrs. Woolridge, whose relationship to  the Baretts is unstated. Woolridge reported: Q: A: Q:  You knew this girl was working? Yes. You didn’t understand that she was under any control by her 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 their relations that she was quite independent? A: No, not at all. ° 3 The jurists in this case agreed on a verdict of guilty for Roger Barett for the charge of carnal knowledge against his niece Margaret.  In this chapter I hope to have shown how certain kinds of spaces in early urban Vancouver were inscribed with gendered meanings, particularly through the workings of legal 29  30  Ibid,  p.11.  Ibid, p.32. Nevertheless, when reminded by one of the attorneys that “the effect of this case would be to send your uncle, for a long term, to the penitentiary, if he were found guilty”, She simply responds: “I think he would need to be there” (Ibid, p.14)  91 discourse.  Chapter four will address the ways in which  notions of “home” were constructed in legal discourse to signify womanly virtue and respectability.  The early  twentieth century was a time social relations in Vancouver were undergoing great changes,  changes that led to a general  re-working of Vancouver’s social geography.  One of these changes was the trend of young women leaving their homes to find work in the city. remarked of this transition elsewhere,  As historians have the thought of young  women living in cities beyond parental control brought on a sense of panic within the reforming class of the day. ’ 3 Though the renegotiation of living arrangements this transition required did bring certain social and sexual freedoms young working women,  these freedoms were not ‘won’  without some hardships.  As the contours of ‘socially acceptable’ behaviour were redrawn,  (and redrawn differently within the working and  middle classes)  respectability remained an important  bargaining chip in social relations. began living on their own,  As more and more women  the notion of ‘home’  wholesome place only became more potent. illustrates, ‘  as a virtuous,  As the next chapter  for young women living beyond the ‘protection’  of  Joanna Horowitz, “Sexual Geography and Gender Economy” in Gender and American History Since 1890 (London, 1993), Cathy Peiss, Cheap Amusements & Christine Stansell, City of Women.  92 their nuclear families, drawing on the virtue and innocence associated with domestic life was a crucial move toward securing one’s respectability, and thus credibility,  in early  twentieth century legal discourse in British Columbia.  93  Street, 1905. North side of Hastings Street, West of Hamilton A City Album Philip Timms photograph. Vancouver’s First Century: 1860-1960 (Vancouver, 1977), p.48.  -I  /  A  0  (‘5 (‘5  Cl)  ci)  -I-)  ci)  cl)H  E  0  G) 0 0 cl) 5 .iJ(1  -  H  00  U)> r1  H  -ri  “  -H --1  -H G)  ci)  I-fl  m H  (‘5 C) C) .1-) -ri 4)  (‘5  rd -IJ  ci)  Cl) Cl)  z m 0  ci)  Cl)  C-)  0  -H  [J \ZY  0  > 0  -a)  H JJ 4  ) t1 a) (V 1) tJ) I—I cal—I tTIH  .1-jo  H>  Do C  rI  rd.1J  -d  -1-i  r  i.  o  L14O  -I-I  0 H  a) H  a) p4  -H -H  96 CHAPTER FOUR: “HOME” AND CONSTRUCTIONS OF FEMININITY IN EARLY URBAN VANCOUVER  While the previous chapter explored how the use of urban space 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 in Vancouver at this time. themes.  To do this,  I have centered on four  Part one considers a BC Statute passed in 1919 which,  through the rhetoric of protection, women’s use of certain public space.  explicitly restricted Part two illustrates how  “home” was positioned as the appropriate, moral space for women in texts from legal discourse,  as well as in the  statements of numerous reform organizations at this time. Part three,  drawing on examples from case law,  offers an  analysis of how individual women made used of this association between home and womanly virtue to create legal advantage for themselves in cases of sexual violence & domestic abuse.  Throughout this chapter and the previous one, touched on the fact that,  in many ways,  I have  the associations I  discuss between womanly virtue and spatial boundaries were products of late ninteenth and early twentieth century bourgeois existence. By suggesting that these notions were patterned on bourgeois conceptions of self and propriety I do not deny that women,  (and men)  from other social positions  97 were not affected by them; on the contrary,  these notions  informed standards and ideals against which individuals from all classes were judged in early twentieth century courts. While bourgeois conceptions of femininity may have been prominent in legal discourse at this time,  they cannot be  taken to reflect a coherent, monolithic interpretation of social relations.  To address this issue,  the fourth section  of this chapter offers a brief discussion of ways in which boundaries of respectable and fallen womanhood were interpreted differently by working class men and women than they were by members of the bourgeois.  I.AN ACT FOR THE PROTECTION OF WOMEN AND GIRLS Between the turn of the century and 1920 in Vancouver, people came in large numbers to populate this new city now,  .‘  As  Vancouver at this time was a racially segmented place,  composed of Japanese, others.  Further,  approach 50/50,  Chinese, Natives,  South Asians and  as the ratio of women to men began to  these numbers were exceedingly lopsided in  terms of racial representation. Largely as a result of the fact that neither Chinese nor South Asian male workers were allowed to emigrate with their families,  1  the vast majority of  Seventh Census of Canada: Queen’s Printer, Al v:2, p.160.  Ottawa,  1931.  98 non-white people in British Columbia at this time were male. 2  The following Act, passed by the Provincial legislature in 1919,  was but one attempt to organize and control the  individuals in this fluid social topography.  The Act for the  Protection of Women and Girls in Certain Cases mandated that: No person shall in any municipality employ in any capacity any white women or girl or permit any white woman or girl to reside or lodge in or to work in, save as a bona-fide customer in a public apartment thereof only, to frequent any restaurant, laundry, or place of business or amusement owned, kept, or managed by any Chinese person. Statutes of the Province of British Columbia, 1919 printed by William H. Cullin, Printer to the King’s Most Excellent Majesty, chapter 63. -  From its initial proposal in 1919,  this act became an  object of heated controversy in British Columbia.  Various  Chinese-Canadian citizen groups protested this bill in the debates of the Provincial Legislative Assembly,  while the B.C.  Attorney General answered many letters in which he qualified and explained the act to his sometimes bewildered,  2  sometimes  By far the two largest non-white ethnic groups in British Columbia were Chinese and Japanese, though due to certain antiChinese immigration policies, very few Chinese women were allowed to enter the country. In 1921, 5,900 Chinese men resided in the province as compared to 600 Chinese women, while 2,500 Japanese men, compared to 1,700 women, were allowed to immigrate. Sixth Census of Canada- Bulletin 121-Published by Authority of the Honourable James A. Robb, Minister of Trade and Commerce. R.H. Coats, Dominion Statistician, Dom.on Bureau of Statistics, Ottawa, E.S. Macphail, Chief Statistician for Population.  99 angry constituents. 3  In 1923,  the act was amended so as to  apply to “Indian” women and girls as well as Whites, but this clarification did not end the controversy. 4  Eastern Canadians,  in particular,  did not understand or  approve of this discriminatory piece of B.C.  legislation.  Though the “Women And Girls Protection Act” was a Provincial Statute and not under the jurisdiction of the dominion, pressure was nevertheless brought to bear on members of the BC parliament through letters and telegrams from Offices such as 5 the Chinese Counsul-General in Ottawa and others. response to such pressure,  In  the sigular gaze of the “Women’s  and Girl’s Protection Act” was ammended in January of 1921 such that its stipulations applied to all restaurants, simply those run by Chinese.  not  As Provincial council member  Walter Rollo explained to correspondents from the Toronto Evening Telegraph,  “We can’t discriminate against the  Note that Journals of the Legislative Assembly from this time remark only that a given group or individual spoke, not what they said. (in this case, for example “Chinese Societies Journals of the Opposing” is the extent of the reference) Legislative Assembly of the Province of British Columbia: Victoria, 1923, Bill 14, pp. 138, 230, 234, 240; BCARS Attorney General’s Files and Correspondence, fiche-film 2208, M-170. Indian, that is, according to the Indian Act. For the Statutes of the purposes of this thesis I use the term Native. Province 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 2208M-170-57-4.  100 Chinamen.. We will make it compulsory for  [all]  restaurant  keepers to apply to the municipality in which they are operating for a license to hire white girls”.  In this way,  “The municipality will then be able to exercise its discretion in giving licenses”. 6  While this measure may have gone some way to quieting critics,  such amendments did little to change the way  Protection Act was administered in British Columbia. October of 1926,  the In  Barrister Skaling of Kamloops wrote to Deputy  Attorney General A.M. Mason in Victoria,  to inform him that  several local Chinese restaurants had been deemed “unfit for women or girls to work at”  (he does not specify White women).  Skaling explained to Mason that “it is felt that it is not in their best interests,  nor in the best interests of the public,  that such girls be employed by such restaurants (Emphasis mine)  In British Columbia at this time, feature of everyday life.  Moreover,  race was a salient the problems of race  seemed especially acute in Vancouver, where the non-white citizenry was so overwhelmingly male.  6  BCARS, D.A.’s 2208-M-170-57-8. BCARS, B2369—W275.  D.A.’s  Files  Files  &  &  Similar to the ways  Correspondence,  microform file  Correspondence,  microform  file  101 South Asians from India were viewed and treated,  individuals  hailing from China and Japan living in British Columbia at this time were likewise viewed with disdain,  distrust,  and  suspicion.  The Women and Girls Protection Act identified a privileged subject,  the White and (later)  “Indian” woman,  and  a space which allegedly posed a threat to her: restaurants run by the Chinese. sharp focus.  Here racist fears of the Chinese came into  In Chinese restaurants,  laundries,  and other  Chinese-owned businesses, women would have been exposed to ‘indecencies’  that were commonly associated with the Chinese  and Chinatowns: opium dens, brothels and sweat shops.  By  identifying certain space as sites of potential danger for women, them,  because of the possibility of racial mixing within 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 this protection. Native women,  The act explicitly protected White and later but said nothing about Chinese,  or East Indian women,  Japanese, Black,  or women of any other racial category  8 one might have chosen.  The failure of the Women and Girl’s  The addition of Native women to this list owes far more to the paternalistic stance of English Canadians to Natives in BC than to the concept that white and Native women were in some way equal.  102 Protection Act to recognize any females who were neither white nor native suggests not only the marginality of these individuals, but,  I would suggest,  raises the awkward question  of whether such females were in fact seen as “women” within legal discourse.  In this way the Women and Girls Protection  Act can be seen as part of a  widespread phoenemenon in early  twentieth century British Columbia: occlude,  the will to ghettoize,  or ignore non-white peoples.  Although this Act was heavily criticised for its racist overtones, no contemporary complaints were made I have found)  condemning it on sexist grounds.  (or none that A partial  explanation may be an indication of the degree to which legal paternalism was taken for granted.  Through criminal laws like  those prohibiting seduction and defilement,  legal discourse  constituted women as weaker vessels whose virtue needed protection, while Provincial statutes like the “Abandoned Wives Maintenance Act” recognized and reinforced this idea of 9 female dependency.  The Women and Girls Protection Act echoed  a pervasive sense of who the ‘women’ were,  and where they  James Crankshaw. The Criminal Code of Canada and the Canada Evidence Act: The Carswell Co., Ltd. Law Publishers, Etc., Toronto, 1915 secs. 210-218; “Abandoned Wives Maintenance Act” Statutes of the Province of British Columbia 1911: Printed by William H. Cullin, Printer to the King’s Most Excellent Victoria, 1923. Majesty, The paternalism of the c. 61. nineteenth century legal system in Canada is discussed much more fully in Constance Backhouse, Petticoats and Prejudice: Women and the Law in Nineteenth Century Canada: The Women’s Press, Toronto, 1991.  103 should be.  White and Native women needed “protection from  Chinese employers outside the home, but not from Chinese working as servants in the home.  Another reason could have  been that the White and Indian women losing their jobs at Chinese restaurants were not organized; these working-class women would have neither belonged to a union that could have (potentially)  protested these restrictive laws,  nor had access  to other ways of making their voices heard publicly.  Particularly intriguing is the absence of challenges to this act.  Women political organizers in the 1920’s  as women’s historians studying that period)  (as well  have noted the  progressive efforts of middle-class reformers and their successes at winning various civil rights and reforms for women,  including voting rights,  the female minimum wage act,  the deserted wives maintenance act. ° 1 however,  predominantly White,  These female reformers,  Euro-Canadian,  and middle-class,  did not protest the Women and Girl’s Protection Act because they shared its underlying assumptions, domestic role for women,  about the essentially  their proper place in the home,  and  their need for protection from predatory and dangerous Chinese ‘°  See Veronica Strong-Boag, The New Day Recalled-the Lives of 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, “The Decade of Social 1915; Elizabeth Blanche Norcross, Legislation 1918-1928 in B.C. Historical News, Vol.17, no.1 (1983) and In Her Own Right: Selected Essays on Women’s History Barbara Latham and Cathy Kess, in British Columbia, ed. Victoria, B.C.: Camosun College, 1980.  104 men outside the home.  These middle-class assumptions about  the sanctity of the home  (and fear of spaces outside it)  were  perhaps less influential among working-class women engaged in wage labour both inside and outside the home in order to make ends meet.”  However,  these women were less able to make  themselves heard both by their contemporaries and by those who passed,  endorsed and enforced the Women and Girl’s Protection  Act.  II. THE HOME AS A WELLSPRING OF WOMANLY VIRTUE While legislation such as the “Act for the Protection of Women and Girls” sought to challenge and restrict some women from working in certain places, both legal texts and documents from reform organizations of the period bespeak the glorification 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 detailed in the previous chapter, positioning of the home as a wellspring 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 that women,  though intellectually inferior to men, were morally and  Stansell, 1789-1860  City of Women: Sex and Class in New York City  105 spiritually superior.  Within their separate empires wives  reportedly reigned supreme”.  She goes on to caution,  that this status was contingent on knowing, one’s place.  however,  and staying,  in  In order to maintain this circumscribed control,  “women should not stray from their ‘domestic altar’  to mingle  in sordid commercial or political affairs”. 12  Notions of Home as a feminized ‘domestic altar’ infiltrated legal discourse and materials from welfare organizations from this time, which I will address in turn. As in many other places in Canada and the U.S.,  the rise of  early twentieth century reform movements prompted legislation in British Columbia designed to survey, the hope)  assess,  and  ensure the welfare of women and children.  legislation,  (so was Such  as exampled by the following texts, was founded  on a conception of the home as a well-spring of womanly virtue  .  The twenties have been remembered by historians as the decade of social legislation in British Columbia. Vancouver,  In  evidence of efforts to forge a welfare state can be  12  Deborah L. Rhode, Justice and Gender: Sex Discrimination and the Law (Cambridge, Mass., 1989) p. . 11 13  Where material from British Columbia is scarce or not in which the issue, and in instances available on this organization in question was National or International, I have drawn on sources from elsewhere.  106 found in Bills and Statues from this time legislating labour practices, public health administration, municipal functions and temperance.  The afforementioned  Protection Act”,  “Neglected Children and Mother’s Pension  “Women and Girl’s  “Minimum Wage Act” and the “Deserted Wives Pension Act”  Act”,  all attest to the will of Vancouver reformers to create “social efficiency” out of a place they understood as being in a state of moral and social crisis. and Mothers’  The “Neglected Children  Pension Act”, passed in 1919,  illustrates how  such reform was articulated through a language of home. According to Sessional Paper reports, address the:  this Act was designed to  “recognition of a widely held and deeply rooted  conviction that home-life and a mother’s care are of such value to the proper rearing of children,  that no child should  14 be deprived of their benefits on account of poverty alone”. In the documention of reactions to this Act one year after its installment it was reported that: Many were the letters of appreciation received from the mothers who were benefited. To many who had struggled on, deprived of the rightful bread winner... (and) the double burden of providing for the family and caring for the home. it [the pension program] seemed ‘too good to be true’ .‘ .  As suggested by the “Mother’s and Children’s Pension Act”,  one of the key ways of conibatting moral decline was by  ‘4  Sessional Papers-British Columbia Vol.2, Ibid,  Y25.  1921,  Y23  107 focusing state attention and resources on the home, ‘allowing’ women to fulfill their ‘natural’ caregiver.  by  role as mother and  Although this Act did perhaps lessen the financial  burdens of a select number of single mothers in the Province at that time,  I would also suggest that by running “home-life”  and “a mother’s care” so closely together, burden of raising respectable citizens not succeeding in this task)  it placed the full  (as well as blame for  onto the mother.  The Salvation  Vancouver Woman’s Christian Temperance Union and  Army,  enclaves of bourgeois benevolence such as the Canadian Club and the prestigious “Imperial Order of the Daughters of the Empire”,  all offered their stamp of approval to this kind of  6 social reform.’  In this climate of sweeping social change,  legislation  and programs concerning both the welfare of children and the systemic means for dealing with child-delinquency also grew. The Juvenile Delinquents Act of 1908,  for example, marked the  first effort to standardize institutional means of dealing with 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 be considered at greater length in chapter five. however, 16  At this point,  I would like to highlight the importance of notions  Ibid,  p.Y24.  108 of “home” in such texts.  Yearly reports from boys’  and girls’  correctional  institutions betray a keen interest in creating the ‘right’ kind of home atmosphere for the young charges.  As the  superintendent of the Boy’s Industrial School explained in 1915: It is endeavoured to make the school as much like a Perhaps not all those home as possible. indescribable influences of a home are found in the institution. .but every possible home association is thrown around the boys, as well as other influences for rapid development than perhaps many of the boys would not find in the homes they have come from.’ 7 .  The idealization of home as a feminized space in legal discourse had both positive and negative ramifications. Making claims to feminine virtue,  this notion carried with it  a variety of responsibilities and expectations of the women who were considered creators and guardians of the home. Judgements on the success or failure of a home can be read as judgements of the success or failure of the woman responsible for its creation. Thus,  if,  as these documents tell us,  a  child’s future depended so fundamentally on the quality of this environment, his or her fate was almost entirely the responsibility of the mother. 17  According to Indiana  British Columbia, Vol.11, Sessional Papers of Superintendent’s 10th Annual report-Industrial School for Boys T7.  109 Matters,  parents could be found “guilty of having contributed  to their childs’ delinquency simply by not having prevented it in the first place”, with fines up to five hundred dollars, and up to one year in jail.’ 8 Through such social controls as police,  judges and juvenile courts,  class and race biases  could translate into incarceration under the auspice of “saving” children from homes that did not provide the “indescribable influences” of which the industrial school superintendent so fondly spoke.  Further, Acts designed to assist women and children under duress were often understood very differently by the reformers who proposed them,  female)  and the  (often  (certainly male)  administrators who were entrusted with seeing that such legislation be carried out. Wives Maintenance Act”,  With respect to the “Deserted  for example,  the Deputy Attorney  General confided to Col. J.H. McMullin, Provincial Police force:  Commissioner of the  “It is a waste of time and money to  bring back these so-called deserting husbands.  .  .  If some of  these women would make a greater effort to keep their husbands at home,  9 perhaps you would not be bothered so much”.’  18  Indiana Matters, “Sinner or Sinned Against? Historical Aspects of Female Juvenile Delinquency in B.C.” in Not Just Pin Money: Selected Essays on the History of Women’s work in British Latham and Roberta J. Pazdro, Columbia ed. Barbara K. 267. B.C., 1984) (Victoria, p. BCARS, GR 1323 B2284 D-97.  110 In order for a given home to qualify for this state beneficence that home had to conform to the appropriate bureaucrat’s conception of what a good home should be.  This  point can be underscored with a brief example drawn from the interactions between Natives and state-commissioned Indian Agents of the Kwawkewlth Indian Agency, Vancouver Island.  at Alert Bay on  In the Spring of 1913 a flurry of  correspondence between the Alert Bay Indian Agent and the Attorney General considered the issue of whether the students at the Alert Bay Girl’s Home would be allowed to go home for a one month summer holiday, A.W.  as suggested by the Home Principal  Corker.  In his first correspondence on the matter,  the Indian  Agent at Alert Bay on Vancouver Island expressed his concern to the Attorney General over the possible setbacks such a break might produce,  and indicated that the matter had been  discussed at some length between his office  and the local  bishop and missionaries. As he explained to the Attorney General:  “The girls certainly would be better looked after  morally and physically by keeping them in the school all year ‘round,  but this would have the tendency to make them look  20 upon the school as a sort of prison.”  So despite his  reservations,’ the Indian Agent recommended the holiday.  20  Vol,  BCARS, Government 1654 p.75.  Records  10,  Indian  Affairs,  Bl917,  111 Three weeks later, directly to Corker,  the Attorney General responded  the Principal of the girl’s home,  indicating his approval of the summer holiday. hands of the incident,  however,  He washed his  and stressed to Corker that in  the end the choice was his as to whether to allow a given student to go home. He concluded his letter to Corker thus: It must be understood. that the responsibility for the return of these pupils will rest with the school authorities and not with the Department. The character of the homes of the girls should also be taken into consideration and in cases in which the surroundings are not morally healthy they should be kept in school. You will kindly govern yourself accordingly •21 .  *  .  *  *  The mythologization of home extended well beyond legal discourses in early twentieth British Columbia. Department of Agriculture’s “Women’s Institute”, a organization initiated for the edification of rural women in the Province, 21  In texts from for example, (primarily)  newsletters, magazines and talks  BCARS, Ibid, p.103. The need to impress Natives with White understandings of domesticity had been expressed much earlier. See for example the following explanation of the 1881 American Indian policy by Carl Shurtz, former secretary of the interior: “Nothing will be more apt to raise the Indians in the scale of civilization than to stimulate their attachment to and it is the woman that must make the permanent homes, atmosphere and form respect, as the center of domestic life”. William Strong. “Proceedings of the Third Annual Meeting of the Lake 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. Dorothy 0. Helly & Susan M. Reverby, (Ithaca, 1992.) pp. 167-180. quote . 7 p.16  112 centered on the activities of running a home; while publications on such topics as “The Art of Right Living in BC”,  and “Influences That Make for Culture in Home-Life” were  offered to its members. 22  Further,  home economics courses  began to be taught in schools at this time. 23 Idealized notions of home also infiltrated through materials from early twentieth century social welfare organizations of all stripe.  Organizations such as the  Women’s Christian Temperance Union,  the Salvation Army and the  Young Men’s and Women’s Christian Associations,  though each  had its particular vision of social reform, were at the same time based in part on a strong belief in the centrality of “the home” in the kind of society they envisioned. particular,  In  the Vancouver Young Men’s and Women’s Christian  Association provides a fascinating insight into broad-based reform organizations throughout the early twentieth century in North America. resources, Peter,  Jointly funded through state and private  the Vancouver YWCA,  headed by Mrs. Eleanor D.  constituted an important resource for friendless,  jobless women emigrating to British Columbia throughout the 22  Marjoris C. Holmes, Publications of the Government of BC 1871-1947 (Victoria, BC, 1950): Florence Poole, “Influences That Make for Culture in Home-Life,” The Women’s Institute Quarterly, The topic of Vol. 1, Number 2 (January, 1916): pp. 34-35. greater length in chapter Women’s Institutes will be pursued at five. 23  Barbara Riley, “Six Saucepans to One: Domestic Science the Home in British Columbia in the 1980’s” British Columbia vs. Reconsidered: Essays on Women: Ed. Gillian Creese and Veronica Strong-Boag, (Vancouver, BC, 1992) pp. 119-143.  113 early twentieth century. 24 By 1914 the Vancouver YWCA at 997 Dunsmur Street counted among its facilities a 150 room boarding home, aid program,  a travellers’  and an immigration & employment bureau; and was  touted as “one of the most perfectly organized social welfare societies in the city and one which commands absolute 25 confidence”.  In 1913 Travellers’ Aid secretaries met 1795  trains and 659 steamers, travellers.  in total giving assistance to 1588  Between their Dunsmuir building and annexes,  the  Vancouver YWCA provided accommodation for 2223 persons that and directed many others to “suitable” accommodation.  year,  Meanwhile,  their employment bureau found 1160 people jobs. 26  In its presentation to the public,  the Vancouver YWCA  stressed the domesticity of its services as a key factor in the organization’s ability to adequately guide their young charges.  24  for other references to the importance of the Vancouver YWCA for single young immigrant women, see Marilyn Barber. “The Gentlewomen of Queen Mary’s Coronation Hostel” pp. 141-158 in Not Just Pin Money: Selected Essays On The History Of Women’s Work In British Columbia, Barbara K. Latham & Roberta J.Pazdro Camosun College, Victoria, B.C., 1984; And Jackie Lay. “To eds. Columbia on the Tynemouth: The Emigration of Single Women and Girls in 1862” pp.l91 in In Her Own Right: Selected Essays on 4 Barbara Latham & Cathy Kess, Ed. Women’s History in B.C. Camosun College, Victoria, B.C., 1980. 25  BCARS GR 157, Provincial secretary’s notes. box 2, # 13 on YWCA. from 1914 Province article “The YWCA”. 26  Ibid.  file  114 “The Y.W.” is, indeed, a foster-mother worthy of the name. For a small return the association finds shelter, warmth and good cheer to the young woman far from her own home, bent upon wresting a living as best she may from a world often none too kindly. The association’s officers meet the newcomer at the train or steamer.., they give her a friendly hand, take her home and help her to find work. .everything that it is possible to do is done to vanquish the homeless wage earner’s arch-enemies--loneliness and monotony. Best of all, she comes under the influence of women of character whose ideals and high example are worth even more to her than the material comforts about her. 27 This article stressed the disorientation felt by ‘the traveller’ who was far from her home and family,  and  underscored the organization’s role in providing a home-like atmosphere in which she could find peace. 28 worker, youth,  The immigrant  (coded as traveller), was characterized both by her (assumed) virtue,  and vunerability.  In turn,  evocations of youthful femininity were played off against the cold,  hard city in which she had to work.  Thus the female  immigrants aided by this organization were portrayed as innocents, while the organization itself filled the role of maternalistic protector against the potential dangers of the big city. 29  27  “Travellers’ Aid Excellent Work” Province, Feb. 19, 1909  p.8. 28  “the assured protection and assistance of the ‘The Y.W.’ and its diverse departments gives many a timid and inexperienced young woman the amount of courage she requires to give up a known land for an unknown.” Ibid. 29  ‘moral decline’ prostitution.  in this case working as a code word for  115 The YWCA’s efforts to re-create a home atmosphere have been echoed in other studies of gender and Canadian history. Joy Parr,  for example, highlighted the importance of the YWCA  in her study of gender relations in Paris, to Parr,  Ontario.  According  “Staff fostered a family atmosphere within the  residence,  attending carefully to interior decoration and to  homely celebrations of birthdays and engagements”, while they reportedly operated under the general directive that their work was “for the social, physical and mental development of girls so that they may become the heads of splendid homes”. ° 3  One of the objectives of the YWCA, ‘rationalize’  Parr argues,  was to  recreation by creating an environment in which  ‘ordered sociability’  could flourish. 31  This order,  as the  Paris YWCA report claimed, would rest on the guidance, improvement,  self-  fellowship and religiosity made possible within a  home-like atmosphere.  The rationalization and ordering of the  social lives of young,  single women could only be achieved,  however,  through balancing the organizations’  tenets with  working women’s desire for entertainment and amusement. While trying to compete with the burgeoning early twentieth century entertainment industry for  (particularly) working  °  “Paris (Ontario) Star”, 12 May 1920; 26 March 1924; 6 May 1925, in Joy Parr, The Gender of Breadwinners: Women, Men and Change in Two Industrial Towns, 1880-1950, (Toronto, 1990) pp. 36-50. Quote p.45. 31  Cathy Peiss,  Cheap Amusements,  p.165.  116 women’s attentions, halfway,  foundations like these endeavoured to meet  playing off fears of non-sanctioned activities and  spaces by emphasizing that theirs was an amusement-oriented organization, yet one that offered all the respectability associated with the home and family. 32  The YWCA was not the only organization in Vancouver in which  the promotion of a home-like atmosphere played a  central role. 33  Overlooking downtown at 2412 Alder,  the  Queen Mary Hostel housed and found posts for British women of privilege as home-helps in upper-class British Columbia 34 homes.  In operation from 1912 to 1930,  the Queen Mary  Hostel sought to achieve a home atmosphere to attract young British women to Canada. Lord Strathcona,  however,  Thanks to a $1,000 bequest from they were able to do it in rather  more style than was manageable at the YWCA: the Hostel sported Royal Doulton china,  linen,  furniture,  and Saint James Rugs,  all of which had been imported from England.  32  Ibid & Joy Parr,  As one former  The Gender of Breadwinners.  “The Gentlewomen of Queen Marilyn Barber, Coronation Hostel”, Not Just Pin Money, pp. 141-158.  Mary’s  Despite the apparent disjuncture of importing middle and upper class women to work as domestic helpers, this is what the Towards explaining this strange occurrence, Barber QMCH did. suggests that the particular women emigrating to Canada hailed from families with social standing who, for whatever reason, had Going to Canada to work in a upper little financial resources. class home was considered, according to Barber, a preferable alternative than other kinds of work (such as factory work) for young women of such families who did not, or could not, marry.  117 resident explained:  “It wasn’t a hostelly sort of place”. 35  I have thus far suggested that legal discourse, with the rhetoric of popular reform movements, particular conception of what was,  together  galvanized a  and was not ‘women’s’  in early twentieth century British Columbia.  space  The kinds of  texts which have been enlisted to make such an argument have been,  in the main,  story’: Acts, reports.  the kind which best tell the ‘official  Sessional papers, Government Correspondences &  It is important to keep in mind that these  documents are etched with the voices of arguably some of British Columbia’s most powerful citizens: and that the stories they tell are bound up with what these individuals saw,  or would like to have seen, when they looked out at their  province.  That these conceptions of how space was to be gendered were borne out of white, middle-class experiences and expectations leaves unanswered questions of how such notions were worked out in the undocumented everyday lives of unremarked upon people; particularly the unremarkable ones who were not middle-class.  One of the few ways of retrieving such  experiences is by examining court records, particularly those  Barber, “The Gentlewomen of Queen Mary’s Coronation Hostel”, Not Just Pin Money, pp. 141-158. Quote excerpt from interview with a 1931 immigrant conducted by the author October 30th, 1979, p.143.  118 which document areas of life usually kept well hidden from the public gaze.  The Acts,  reports,  and stories in parts I and II,  then,  serve to enframe part III, which focuses on how both jurists and female witnesses drew on place-based notions of female respectability in court.  While the aforementioned  prescriptions about how women were to use  (or avoid)  space were certainly oppressive at times,  as in the Women and  Girls Protection Act,  urban  the following cases suggest that these  same notions could also be utilized to gain legal advantage.  III.  CONSTRUCTIONS OF HOME IN CASE LAW Early twentieth century case law in Vancouver suggests  that within the space of the courtroom,  references to ‘the  home’ were used as shorthand to signify  (in women)  respectability and credibility.  virtue,  Though at this time women did  not have legal rights over the home itself  (nor even legal  protection from physical or sexual abuse within it), was nevertheless  coded as ‘feminine’  contradictoriness of such thinking,  space.  ‘home’  Despite the  legal texts from this era  are infused with notions of a feminized domestic sphere.  In the remainder of this chapter,  I will draw on two  cases which reflect something of how witnesses,  attorneys and  judges in early twentieth century BC used references to home  119 within the courtroom.  Just as situating a female witness in  certain public spaces could damage the reputation of that individual,  as demonstrated in the previous chapter,  each of  the following cases suggest that at times both jurists and survivors in cases of violence against women drew on women’s ‘right’  to the space of the home to bolster the position of  the female witness/ survivor of the attack.  The first example  is drawn from an exceedingly rare trial of domestic violence, while the second concerns the plight of a young working woman attacked by her husband’s brother in their apartment. 36 Finally,  I briefly discuss some of the issued faced by the  young women who came to Vancouver in the early twentieth century to find employment.  After tracing some of the  contours of women’s involvement in Vancouver’s labour force in a general way,  I discuss some of difficulties such individuals  encountered in negotiating their living arrangements in the urban landscape.  As demonstrated in the case of attempted carnal knowledge brought against Ram Singh for the attack of Yai Okumura, signalling the domesticity of a female witness/survivor could be a useful tactic towards portraying that individual as trustworthy and respectable.  The following case of domestic  violence illustrates the role notions of an ‘idealized home’  36  Of the 63 cases I examined between 1915 and 1925, was the only one involving a charge of domestic violence.  this  120 could play in such a process.  As previously discussed,  the  trial of a case of domestic violence at the Supreme Court level in British Columbia at this time was extremely rare. Between 1915 and 1925,  for example,  only one case of domestic  violence was heard at the Supreme Court level in Vancouver. The following case of Crown V. Reynolds, the BC Supreme Court in 1922, opportunity;  then,  heard before  constitutes an exception and an  though without any other similar cases from this  time period with which to compare it is hard to know what made this case distinctive enough to warrant a hearing at this 37 Taken as an anomaly, court. illuminating view  however,  (however partial)  this case offers a  into the lives of two  married people living in the lower mainland in the first quarter of the twentieth century.  Ann and Joseph Reynolds lived at 4625 Boundary Road, the boundary between Burnaby and Vancouver. been married 19 years, France during the War. Kathleen.  on  The couple had  though Joseph had been four years in The couple had two children,  Though their ages are not specified,  John and  each held  jobs: John working in a lumber yard and Kathleen as a stenographer with the liquor control board. had lost his job at the liquor control board,  Their father, who reportedly spent  his days at the Grand Army of United Vets in Vancouver.  The  family operated a small farm which, by both Ann and Joseph’s BCARS,  GR 419, V.256 #87.  121  account, Ann was responsible for holding together.  The transcript from the October 15th,  1922 police court  hearing began with an examination of the incident that provided the immediate charge, but the floor was soon opened up as a forum for the various grievances and injustices which had transpired over the course of their life together.  What  followed was a tangle of incidents of physical abuse sparked by Joseph’s alcohol-induced rages,  and accusations concerning  the couple’s finances and Joseph’s squandering ways.  The  incident that caused the trial in question occurred on June 6th 1922, when Joseph returned home drunk and began accusing his wife and children of “throwing him looks of scorn”. According to Ann, Joseph got his son by the throat,  and after  she and her daughter got him off, Ann reported that: he hit me an awful blow on the top of the head, then he hit my girl across the stove with a big fire and boiling kettles on the fire. I was scared about the lamps because the first thing he does when he is 38 drunk always is to throw a lighted lamp.  Ann then reflected back on her various attempts to re acclimate her husband to civilian live after the war.  She  described how she secured the money to purchase the patch of land outside the city, where she hoped Joseph would not be tempted by Vancouver’s vices.  38  Ibid, p. 6 & 22.  “I did everything I could to  122 make him a better man,  I failed”. 39  In turn, both children  appeared as witnesses to substantiate Ann’s interpretation of their life together.  Kathleen testified that “my father has  done very very little to keep us and mother has worked very hard to keep us and has always kept us in a very good and respectable manner. 40 lived”.  Finally,  It  is the best mother that ever  [sic]  after nearly 40 pages of accusations and  rebuttals as the couple sparred before the court,  the judge  declared that: In this matter I have no doubt of the truth of this little woman’s statement. I think it is a statement that is not exaggerated. .This is a little home of which any man might very justly be proud. The accused apparently is so full of old sophistries. .and platitudes that are. .full of booze, that he is just about the most contemptible creature that could ever shove his nose inside a home 41 .  .  .  This trial was peppered from start to finish with references to how hard Ann had worked to create and sustain a viable home atmosphere in which to raise her family. evidenced by her attempts to reform her husband,  As  together with  her efforts to keep the family solvent financially,  in  addition to the ability to produce respectable, wage-earning children,  she successfully demonstrated how she has upheld  ‘her end of the bargain’  Ibid, p.7-B. 40  Ibid, p.23.  41  Ibid, p.31  in the would-be system of marital  123  reciprocity.  Leaving no ‘reason’  to beat her, Ann was  accepted by judge and jurists as a good wife and homemaker with the respect due her, while her drunkard husband is left 42 as the villain.  a) Domestic Space and Social Surveillance  The second and final case I wish to consider turned on a set of events occurring in a furnished rooming house on West Hastings on February 9th,  1924. As well as detailing some of  the darker domestic realities faced by young working women struggling to survive in early twentieth century Vancouver, this case also outlined the existence of a web of neighbourly surveillance intended to curtail that danger. the twentieth century,  At the dawn of  it is not unreasonable to suggest that  social surveillance of the kind detailed here was an important mechanism for arbitrating discord between neighbours, parents and children and husbands and wives.  Christine Stansell has  described the sort of “Moral Economies” found in late nineteenth century working class tenement neighbourhoods as: “not  [a]  skirmish in an eternal battle of the sexes, but  rather a great renegotiation of what, owed each other”,  42  exactly, men and women  suggesting further that “mutual aid of the  As discussed earlier, Crown Briefs often end with many A glimpse such as this crown brief questions left unanswered. afforded leaves uneasy questions, to me, about “what happened Unfortunately, the answers lie next?” in this couple’s lives. beyond the sliver of these lives that the law was concerned with, and will therefore most likely remain unanswerable.  124 neighbourhoods provided women sources of strength on which to draw for their part in this struggle”. 43  As young women began to leave their often rural homes to find work  (and perhaps adventure)  in cities like Vancouver,  the furnished room took on a new meaning.  The proliferation  of rooming houses both presented possibilities for their young residents,  and prompted the renegotiation of social norms  surrounding the moral economies of “public” housing.  For the  young women attracted to these living spaces, may of whom hailed from nuclear families with strict parental control, independent wage  (however small)  an  and the autonomy of a  furnished room in Vancouver offered a newfound social and sexual autonomy, revolution’  epitomized by the language of the ‘sexual  in which this era has been described. 44  This phenomenon posed a question reformers of the day, to be regulated. social terrain,  1860,  Stansell, p.55 & 81.  a crisis)  (or,  to the middle-class  of how these new spaces were  The following case suggests that in this new landlords and -ladies played an important role City of Women: Sex and Class in New York 1789-  Though new scholarship has called for a more balanced view of this ‘revolution’ as it was experienced by working-class of its characteristics, ambivalence women, stressing the including financial restraints and the potential for sexual exploitation, as well as increased economic and sexual autonomy. See for example Joanne Meyerowitz, “Sexual Geography and Gender (London, Economy, Gender and American History Since 1890. 43-71. 1993), pp.  125 in that project.  The following case illustrates how a  landlady could keep half an ear to the events passing in the room above,  prepared to assert her rights to intervene if and  when she felt necessary.  Such acts of ‘policing’  can be  thought of as a potential feature in the regulation of furnished rooming houses, the  and more specifically protection for  (predominantly) working-class women living in them.  Crown V. Sails outlines the prosecution of Pat Sails with the charge of attempted carnal knowledge with a woman who was not his wife.  The key witness  was Rosemary Sails,  (the woman who was assaulted),  Pat’s sister in law.  Sails, married on January 31st 1924,  Rosemary and Robert  lived together in the  Grand Union rooming house on 74 Hastings Street West in the city of Vancouver.  On February 9th,  marriage, Rosemary,  Robert,  nine days after their  and Robert’s brother Pat were  returning from lunch at the Homer Cafe on Powell street. 45  According to Rosemary Sails in her examination by prosecuting attorney W.M. McKay,  the group returned to Robert  and Rosemary’s room around four o’clock in the afternoon,  at  which point they played the gramophone and talked for a while, 46 Pat discussing ways in which he could “better his affairs”. The conversation then shifted away from Pat, BCARS, 46  Ibid,  GR 419, p.7.  v.273,  #16.  to Robert and  126 Rosemary’s financial arrangement, important role in it. reminded)  and more specifically,  At this point Robert informed  Pat’s  (or  his wife Rosemary that “It is like this, my Brother  is lending me all the money to keep  (you)  up... (so)  I want you  to treat my brother nice”.  In response to this request, responded:  Rosemary reported that she  “I am treating him as nice as I can,  I cannot do.”  anything else  At this point Rosemary’s husband went on to  explain that it didn’t make any difference to him how many people she brought to the room, objected:  to which Rosemary firmly  “I won’t treat them that way...  didn’t marry your Brother”. 47  I married you,  I  Pat then pushed Rosemary onto  the bed and pinned her down, while Robert said only “go ahead and let Pat do what he likes”.  The ensuing commotion of  Rosemary screaming and shouting,  while her husband tried to  move the gramophone so as to block the door, brought the landlady,  Mrs. Margaret Campbell,  to see what was the matter.  Campbell reported that she had heard what sounded like a struggle,  and had gone up to investigate.  Through the open  transom on the door Campbell heard noises from the room, “heard her repeat ‘no’  two or three times,  have no business here and I won’t’”.  and  and ‘I won’t’, you  As Campbell  Judging from Rosemary’s response, it seems possible, if not likely, that her husband was suggesting Rosemary prostitute -3. 2 herself, but we cannot know for sure. Both ibid, p.  127 explained:  “I didn’t like butting in,  in to a married couple.  You usually knock until you are told to come in. When I didn’t get any answer I turned the handle” arms around Rosemary,  .  .  to find Pat with his  who had gripped the footboard of the bed  with one hand and a hairbrush with which she was threatening Pat in the other. 48  Campbell then asked:  ‘What are you doing? What is the matter here? He said ‘it is alright’ and she said ‘it is not alright, he has no business here’ .1 said ‘what are you messing around with your Brother’s wife for? Get out of here’. He stood at the foot of the bed. I insisted on him going out. He seemed to think he 49 had a right there. .  .  Campbell then asked Rosemary why she did not tell her husband that this man was annoying her,  to which Rosemary  responded “my husband says he has the money and him do what he wants”.  (I) must let  The landlady then called for a police  officer and informed Robert Sails that he would have to behave differently in her house,  and that she did not approve of his  brother’s actions. Robert and Pat Sails were then removed to ° 5 the police station.  As a result of this trial,  was found guilty of common assault, original  (and more severe)  knowledge.  Pat Sails  but innocent of the  charge of attempted carnal  In the end no charges were brought against Robert  Sails. Ibid,  p.13.  Ibid,  p.12.  Ibid,  pp.14-16.  128  IV.  SHIFTING BOUNDARIES,  CHANGING MEANINGS  Throughout this chapter and the previous one,  I have  highlighted some of the ways female respectability was linked to spatial practice in early twentieth century Vancouver, both through the naming of the home as a site of idealized female and through the association of certain public spaces  virtue,  with fallen womanhood.  Before concluding,  I would like to  reiterate that my treatment of these phenomena are not intended to serve as a guide to “male” and “female” space, but rather they are meant to suggest some of the social biases and pressures women faced in negotiating their place in the newly forming urban landscape.  As various scholars of British Columbia’s past have noted,  the years between the turn of the century and the close  of World War I were a time of tremendous social change both 51 for Vancouver and for the province more generally.  This is  perhaps most clearly evidenced by the rise in population, which by the early twenties was already well underway, together with industrial employment. changes,  ‘  These structural  however, were bound up with more nuanced, but no less  Indiana Matters, “Sinners or Sinned Against? Historical Aspects of Female Juvenile Delinquency in British Columbia”; Graeme Wynn, “The Rise of Vancouver”.  129 drastic,  social changes.  As relations between government and  the individual were articulated through social legislation and the strengthening of the Canadian welfare state,  ideas about  citizenship itself and rights to paid labour were changing These years proved to be a time when the meanings  apace.  tied to womanhood,  femininity,  loosened and shifted.  and female respectability  The restriction or legitimation of  access to urban space was an important front on which these meanings were re-negeotiated.  As I have argued, home,  the location of female virtue in the  and consequent circumscription of spaces to which women  had legitimate access, were reinforced by legal discourse and had very real effects in structuring the patterns of women’s lives in early urban Vancouver.  I would also stress the  highly-class specific origin of these notions of “public and private” as gendered,  dichotomised spheres of activity.  for women who had the option of relying on a man husband)  Only  (a father or  for their survival was even an approximation of this  ideal possible.  To the extent,  then,  that this ideal either  shaped or was borne out of lived experience, was middle- or -upper class.  that experience  Having said this,  however,  I  would not want to extend my comments to give the impression that such linkages between space and female respectability were restricted to the bourgeoise.  To a large extent,  notions  about the spatiality of womanly virtue outlined here were held  130 up as the norm for all women in the space of the court.  While such ideals held wide currency within the rhetoric of the nineteenth and early twentieth century as a social ideal, however,  these ‘groundrules’,  as Shirley Ardener puts  it, were not accepted unquestioningly by everyone. did resist being judged,  Many women  and restricted, by ideals which had  little to do with their lived experience.  For a great many  women in early twentieth century Vancouver,  the need to  support one’s self and one’s family eclipsed more gentile concerns over one’s public appearances.  As Stansell has noted  of working class life in the late nineteenth century,  for  “the boundaries between private and public life were  example:  fluid and permeable.  Labouring women made their lives as  wives and mothers on the streets as much as by their hearthsides.”  52  Working class women were an integral force in the development of Vancouver into a metropolis. Columbia,  the total number of women in the recognized paid  labour force 1920’s,  52  In British  (prostitution excluded)  increased by 36 in the  from just under 9 of the total recognized paid labour  Christine Stansell, City of Women: Sex and Class in New York 1789-1860 p.52.  131 force in the province in 1911 to nearly 14 by 1931. Meanwhile, women constituted 13.4 of the labour force over the age of ten nationwide in 1911, by 1921.  this figure rising to 15.5  In line with the all-too-familiar pattern of  women’s involvement in labour forces everywhere,  though,  it  was the lowest paying jobs in early Vancouver that were constructed as “womens’ work”.  In 1911,  for example,  the  largest percentages of women in the paid labour force worked as domestic servants, teachers,  followed closely by stenographers,  nurses and sales clerks. 55  By all reports domestic work at this time was monotonous, low-paying and low-status, all possible.  work which most women avoided if at  Sentiments concerning the status of domestic  workers in Canada found expression in the following:  “Around  the Fireside” section of a 1910 Grain Growers Guide article, in which the author,  “Isobel”,  explains that “There is.. .a  Census of Canada 1911, Vol.VI Table 13, p.XXI. from Organized Women Workers in Star Rosenthal, “Union Maids: Vancouver 1900-1915” BC Studies, no. 41, Spring 1979, p.40, and Historical Statistics of Canada Second Edition. F.H. Leacy ed., Statistics Canada, 1883, series D512-521. Josie Bannerman, Kathy Chopic & Ann Zurbrigg, “Cheap at Half the Price: The History of the Fight for Equal Pay in British Columbia” Not Just Pin Money pp. 297-314, citation p.303.  Domestic service accounted for 42 of the women in followed by all gainful employment in Vancouver in 1911, professions accounting for 23 and trade and merchandising 17%. 99. 2 Bannerman, “Cheap at Half the Price”, p.  132 good cause why girls seek every other avenue of labour rather than domestic labour”. 56  She goes on to explain that “It is  the confining and endless supervised long,  drawn out working  day that makes the lot of the average domestic intolerable”. 57  Though I hesitate to classify working for one’s survival as resistance, women in the paid labour force at this time nevertheless played an important role in reworking the meaning of female respectability.  The increased number of women  working outside the home posed a challenge to bourgeois conceptions of where women could go without jeopardizing their reputation.  Further, various groups and individuals organized  to raise the level of working conditions for labouring women. Campaigns such as the fight for a female minimum wage, work of labour organizer Helena Gutteridge, publication of The Champion, Political Equality League”  the  and the  the newsletter for the “Women’s all bespeak the desire to raise  the level of respect accorded British Columbia’s working women.  56  6th,  “Good Cooking”, The Grain Grower’s Guide, 1910, No.36, p.28.  Vol.2,  April  Note that Canada-wide that year fully 55.2 of all immigrant women worked in domestic service. Rosenthal emphasizes the link between domestic labour and immigrant women noting that the Salvation Army imported women specifically to be domestic servants. Rosenthal, “Union Maids”, p.40.  133  More women in the paid labour force meant not only more women using and claiming public space both at and on their way to work,  but also the creation of new spaces in which young  working people of both sexes could enjoy their pay packets.  In Vancouver, Dance halls,  cabarets, movie houses and nickelodeons, landscape of ‘cheap amusements’ reworked.  (at least part)  of  together with  created a whole new  in which gender roles were  As early as 1907 Vancouverites could choose between  the pleasures on offer at the Recreation Park Amusement Co. at Homer and Smithe and the English Bay Amusement Company and Imperial Roller Skating Rink, others.  at Denmen and Beach,  among  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 Hastings Street,  a sprinkling of bowling,  billiard and pool parlours,  as well as a “Palace of Varieties” located at Fraser Street and 45th Avenue. 58  The associations I have traced between the home and female respectability,  as well as between certain urban public  space and “fallen”/marked womanhood,  were imbricated not only  in the formation of a gendered/raced/classed social landscape in Vancouver, but also in ideas of Canadian Nationalism as  58  Greater Henderson’s (Vancouver, 1907-1921)  Vancouver  Directory  1907-1921  134 they were expressed by some British Columbians in the first quarter of this century. The next and final chapter will address this processes.  135 CHAPTER 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 our homes to the highest possible level” ‘  Woven through statements from various branches of government,  levels of the judiciary,  and private women’s  organizations in the early years of the twentieth century, one finds references to “Home”.  With all its associated  understandings of family and security,  this term was used  iconographically in these texts to invoke a social ideal for which to strive.  This chapter explores how gendered notions  of “home” and domesticity were worked into notions of patriotism and Canadian nationalism in l9lOs and ‘20s British Columbia,  and further,  how the experience of World War I  brought questions of gender roles and patriotism to the fore. I do this by examining texts from a selection of organizations and institutions, both within and related to legal discourse, which held as their goal the shaping °of patriotic Canadian citizens.  Section one addresses how notions of gender,  space and  patriotism colluded within the branch of legal discourse 1  “Women’s Responsibilities to the Empire” Institute Quarterly pp. 104-107, citation, p.106.  Women’s  136 designed to discipline youth offenders, Provincial Reform (or industrial)  the Boys’  schools.  and Girls’  Section two looks  at some of the ways gender ideologies filtered into the rhetoric of Canadian Patriotism and Imperialism as expressed within government-run or -funded institutions.  Chapter four  considered how the home was feminized within texts of organizations such as BC women’s institutes & the Vancouver YWCA.  As in the case of state-run reform schools,  organizations such as these likewise defined loyalty to Canada and Empire, sphere.  in part,  through appeals to a feminized domestic  Rather than an exhaustive account of this process,  which would require investigations into a wider array of social organizations than is realistic for a study of this size,  I have chosen to focus on these examples,  that they reflect,  in particular ways,  suggesting  a much wider phenomenon  occurring in British Columbia at this time.  I. ROUSING THEIR BETTER SELVES: REFORM SCHOOL AND CANADIAN NATIONALISM “We are all proud of their record.. for one thing we try to do in the institution is to turn out good Canadian citizens and 2 loyal subjects of the Empire” .  In 1908 the “Juvenile Delinquents Act” British Columbia,  was passed in  thus adding to the already existing realm of  legal institutions a whole network of people, places and 2  Sessional Papers of British Columbia, Vol.11, 1917, p.T7.  137 programs designed to deal with “misguided” youth: courts, probation officers, (or reform)  schools.  yet powerful,  detention centres,  juvenile  and industrial  This web of programs acted as a flexible,  catch-all for youths who came in contact with  the legal system at this time,  largely because of the  elasticity with which “misguided” was defined. Matters explains, Protection Act”,  As Indiana  following the logic of the 1901  “Children’s  the new wave of services and institutions in  1907 did not differentiate between neglected children and delinquents  .  Crimes that provided the immediate reason for committal to an industrial school reflected a range of infractions, differed in important ways for girls and boys.  and  While for male  inmates 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”.  In  themselves these charges do not offer a clear reason for committal,  other than simply being “beyond the control” of  one’s parents,  although as Matters points out,  having been  sexually active before arrival was a commonality of the female  Indiana Matters, “Sinners or Sinned Against?: Historical Aspects of Female Juvenile Delinquency in British Columbia” p.266.  138 inmates  .‘  While these charges were sufficient for a child to be committed to an Industrial School an equally compelling factor in such a judgement was often the juvenile court system’s perception of a youth’s home environment.  In keeping with the  efforts to render the Vancouver industrial schools ‘home-like’ as detailed in chapter four,  Superintendant D. Donaldson  explained in the 1917 annual report of the Vancouver Industrial School for Boys that “The aim of the institution is to do for the boys what their former environment has failed to 5 accomplish”.  Likewise, Annie Westman,  supervisor of the  Girl’s Industrial School said of the inmates:  “the majority  are from unattractive homes and undesirable neighbourhoods. They are the victims of neglect, environment”  faulty supervision and bad  6  In West Point Grey and on Cassair Street at two edges of the city,  Vancouver reformers set up the two industrial  In regards to charges for girls in industrial schools, Matters notes that between 1914 and 1937 fully 85 of all girls were admitted simply for “incorribigility”. She substantiates her claim of sexual activity by noting that in these same years between one third and one half of all inmates tested positively for some form of venereal disease upon entrance. Ibid, pp.269271. Sessional Papers for British Columbia Vol. 11, 1917 T.1219. 6  Sessional Papers Annual Reports, “Sinner or Sinned Against?” p. 271.  1930-31,  3 2 p.  from  139 schools as a social laboratory in which to “check inmates’)  [the  evil tendencies and to strengthen their better  7 instincts”.  While any youth falling under the provisions of  the “Juvenile Delinquent Act” became a ward of the state until their twenty-first birthday “incarceration”,  (in most cases),  for want of a better term,  length of at each industrial  school was usually between two and five years.  Reform was to be achieved through strict, yet compassionate regimens which were organized, demonstrated,  as will be  along very sharply drawn gender lines.  Drawing  out the daily routine for each school offers some clues about the relations between gender roles and responsible citizenship,  as these notions were constructed and represented  by those overseeing the realm of legal discourse designed to redress youth offenders.  a) Daily Routine Within Boys and Girls Industrial Schools  Discipline was seen as an important precondition for reform in British Columbia’s industrial schools in the 1910s and ‘20s. This discipline was exacted upon the inmates through tight scheduling of daily patterns, inmates’ bodies.  and close control over the  From 6:30 a.m. when “all hands get up” to  The boy’s school in West Point Grey opened in 1905 while the girls school opened in 1914. Preamble, Canada. Senate. Debates, May 21, 1908: 975. In ibid p.267.  140 lights out after having been “allowed to have the electric light until nine o’clock for reading”,  superintendents of both  industrial schools saw to it that there were no idle hands for which the devil could find work. 8  Boys For male delinquents,  reform was to be achieved through a  daily dose of different kinds of work and physical recreation. According to the 1910 yearly reports,  life in the industrial  school consisted of “lots of fresh air, good wholesome food, well-ventilated sleeping rooms, games & sports,  and  military drill”. 9  [training]  health,  exercise at work,  in physical exercise and  By 1915 religious training and proper  schooling had been added to this list,  and the activities  themselves had been broken down into precise temporo-spatial units throughout the day.  From the schedule offered in yearly  reports thereafter it is evident that the boys were entirely responsible for the  maintenance and operations of the school,  and as such garnered industrial training in areas such as: tailoring, baking,  shoemaking,  carpentry,  cooking and gardening.’°  and farming, as well as In their reports  superintendents of the industrial schools refer to the  8  Vol II,  Sessional Papers Annual Reports, 1915, p.S15.  Vol.  Sessional Papers Annual Reports, Vol. 10  II, I,  Sessional Papers Annual Reports, Vol.11,  1916,  p.Tl8 &  1910, p. H27. 1915 p.S14.  141  institutions alternately as “schools” and “homes” and though it is mentioned that boys are “compelled” to attend school for an unspecified length of time five times a week,  little else  is mentioned by way of academic instruction or curriculum.” More prominently placed in the yearly reports are the non-academic courses in skills development, According to the 1917 report:  such as carpentry.  “Almost every boy who comes to  the school is a born carpenter: that class of work has a fascination for them,  and it develops and brightens their  mental powers and trains their hands to do work that in this young and growing Province will be of untold advantage”.  In  addition to school studies and industrial training, “considerable” time each day was allotted to football, baseball,  & 2 cricket.’  Girls  Though similar in its basic philosophy, in the girls’ the boys’.  the daily routine  industrial school differed markedly from that of  While girls,  cooking and breadmaking,  like boys,  received instruction on  they were also trained in skills  which would “prove useful in after-life sewing, mending,  and laundry work.’ 3  (sic)”,  such as  Further, knitting and  h1  Sessional Paper Annual Reports, Vol.11,  12  Ibid.  13  Sessional Paper Annual Reports,  1917, p. T 12.  1916, p.T24.  142  fancy stitch-work received special attention both in the school and the annual reports.  In 1916 the head matron  remarked that the work produced by the girls had garnered attention and praise at the school’s exhibit at “the Vancouver Exhibition”, while knitting,  and especially the knitting of  socks and mittens for “our boys at the front” during WWI,  was  noted with pride.’ 4  As daily routines within the industrial schools were shaped to “rouse their dormant better selves”, efforts were likewise made to encourage inmates to reflect this better self in one’s personal presen 5 tation.’ geared at teaching boys,  and,  what “decent” citizens did,  While activities were  nine years later, girls,  to do  so too were they encouraged to  reflect images of respectable femininity and manliness.  While  each Saturday in the Boy’s Industrial School there  a  general shoe-shine,  [was]  shaving and trimming of hair in order to  be ready for the Sunday Morning parade to church, when Margaret Bayne was appointed as the new superintendant for the Girl’s Industrial School in 1918,  she saw to it that female  inmates there reflected a feminine image. 16 Matters,  According to  Bayne declared in her first annual report  that: ‘  Ibid, pp. T24-25.  ‘  Ibid, p.T9.  16  Sessional Paper Annual Reports,  1915 p.S15.  143 The prison style of wearing the hair was abolished the very first day. Bright ribbons and pretty modes of hairdressing are encouraged. The unbecoming uniform has been replaced by one more girlish and pleasing... Instead of meals being eaten in silence under rigid surveillance, conversation in moderate tones is permitted. a staff has been engaged who are not only efficient, but whose manners, temperament, and high ideals make them examples worthy of emulation. A harmonious home atmosphere has been 17 effected. .  .  Each institution believed discipline an important means by which to shape delinquent youths into respectable citizens, which was in turn implicated in a larger project of nation and empire building.  This was expressed,  in part,  through the  compartmentalization of time and activities during day,  and  through 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 adverse criticisms of institutional life there is no doubt that training as outlined here is of greater value, child, but to the nation”  .  not only to the  Although the supervisors of each  industrial school saw their job as taking on delinquents and turning 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 Sinned Against?” p.268. 18  Reports,  1918,  in  “Sinners  or  Sessional Paper Annual Reports 1926-27: 5-6, “Sinners or Sinned Against?” p.269. Here it is interesting to note that the role of the industrial school was cast in terms of cultivating good citizens despite the fact that at times not all inmates  144 Daily activities within the girls’ characterized as restive,  school can be  and designed to promote a certain  vision of womanhood associated to middle-class femininity. Inmates were given “girlish” uniforms and were rewarded for making themselves look pretty and for speaking in moderate tones  (assumedly saying pleasant, reasonable things)  Inmates  .  were taught domestic skills, with the expectation that they would go on to gain their livelihood as domestic servants. this way,  traditional  (low-paying)  In  women’s work was  reinforced.  The daily program found in the Boys Industrial School, on the other hand, was both more active and more diversified, featuring not only a variety of sports, and training in cooking and baking, but also training in carpentry, shoe making,  and tailoring,  thus offering male inmates skills which  could later be applied to a variety of unionized trade jobs. Given that both industrial schools sought to be as selfsufficient as possible, one can only speculate why boys were taught feminized skills such as cooking and baking,  while  girls were not taught about carpentry and shoe-making. Perhaps “womanly” work such as this was simply presumed easy to learn.  Alternatively, perhaps it was felt that male  would become citizens, in the sense that a small number of both Native and South Asian boys served time at the Provincial industrial school at a time when neither South Asians nor Natives had voting rights.  145 inmates stood little chance of marriage and therefore needed to learn to take care of their own basic needs.  Or,  this  inequity could simply have developed because it never occurr ed to the Superintendents of the Girl’s school to teach the inmates how to build shelves; we cannot retrieve exact reasons.  That respectable citizenship,  and in turn patriotism, was  defined differently for men and women was perhaps most explicit in the references to war throughout industrial school annual reports. During the First World War,  the boys’  industrial school superintendant D. Donaldson made the role of the War very clear in determining both the daily routine within the school and the future paths of many of the boys in it.  As conveyed in the 1917 yearly report,  for example,  besides aiming to help the boys morally, mentally, and physically, we encourage them as young Canadians to be loyal to the old Union Jack and British institutions, and the number of boys who have passed through our hands and are now at the front doing their bit speaks louder than words of the kind of material they are made of.’ 9  Meanwhile, explained that,  the superintendant at the girls’ though not slated for glory,  school  female inmates  were 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.  146 do if they could--- they are doing their part to help make the “brave boys” comfortable” explained the house matron in 1916.20  So although girls could not fight and die for empire ,  at least they could do their duty by furiously knitt ing mittens and socks.  War in Europe brought many changes in British Colum bia-from men leaving their homes to serve in the military,  to the  reorganization of the labour force and rationing food.  The  next and final section will explore further the relatio nship between responses to World War I and gender constructs in British Columbia,  focusing on how these ideas were expressed  in texts from women’s institutes.  II. THE CALLING: HOME, WAR & EMPIRE  While enlisting was a clear way of fulfilling ones’ national duty for men,  the expression of patriotism was far  less clear for women in British Columbia during the first World War.  This can be explained in part through a tension  between a traditional rendering of womens’  proper place as  being defined by the home as a mother/caregiver, the need,  in wartime,  as well as  for women to fill certain jobs which had  previously been closed to them.  As I see it,  this translated  into two messages concerning how women could best answer ‘the 20  Sessional Papers Annual Reports 1916 p.T18.  147 calling’  of War.  While many acknowledged the necessity for a  certain number of women to fill wartime jobs left by men,  this  was portrayed strictly as a temporary response to a crisis situation,  with the assumption that after the war such women  would forfeit those jobs. ’ 2  21  At a 1916 conference of Kootenay and Boundary Womens’ Institutes, when the question of “Preparedness of Women for the Professional Life” came up, it was noted that “with the call for war-workers and the removal of feeling against women going into any new thing the horizon is broadening” and: “as the men are making the sacrifice, the women must do their share in taking their places to keep the wheels of progress revolving” “Conference of the Kootenay and Boundary Institutes”, Womens’ Institutes Quarterly Vol.2, 4*1 p. . 32  148  Women working in Vancouver munitions factory, 1917. Vancouver’s First Century: A City Album 1860-1960 1777), p.80.  (Vancouver,  149 The second, and I would argue more pervasive message during these years concerning how women in British Columbia could best assist the war effort was expressed in the need for women to bear and raise  (particularly male)  children, which  was in turn tied to the rationalization of housework and domestic science.  By drawing on materials from women  institutes and materials from the Vancouver YWCA’s immigration programmes,  I argue that through appeals to National and  Imperial Allegiances, women’s proper way of aiding the war effort was defined in motherhood and maintenance of the home.  a)  Women’s Institutes: A Million Jars of Jam  A rich source for pronouncements, discussions and directives by and for women in BC at this time are the records of the British Columbia “Women’s Institutes”, an organization established primarily for rural women, under the jurisdiction of the department of agriculture.  In this section I will  outline what Women’s Institutes in British Columbia did, unpack some of the ideologies which preceded them, and argue that these organizations supported a conception of patriotism among their members which was founded on a feminized notion of home and domestic life.  Women’s Institutes began in Ontario in 1897 with the goal of providing a forum for women to discuss and learn about “the  150 sphere of life for which they are destined,  that of  homemaking”. By 1916 there were 900 womens’  institutes across  Canada,  60 of which were in British Columbia. 22  Spokespeople  for Women’s Institutes saw themselves as an important mechanism in the project of nation-building in Canada.  To  quote from M. MacMurchy in her 1916 publication The WomanBless Her:  “Is any one unwise enough to think that the  management of women’s organizations is unimportant?  These  are to some extent  women, whether they are aware of it or not,  23 responsible for strengthening or weakening Canadian unity.”  While literature from Women’s Institutes certainly reflects a concern for what Canada was to be, associates these goals to those of Empire,  it also  an allegiance that  became ever clearer in response to World War  1.24  Consider  the following passage from an the article published in Women’s 22  from 1897 speech given by Mrs. Adelaide Hoodless, founder of the Women’s Institute. Modern Pioneers Evergreen Press, p.58. 23  Further, Women’s Institutes were by no means the only women’s organization in Canada self-consciously partaking in the Other such organizations would be the work of nation-building. National Council of Women, the Women’s Canadian Club, and the Girl Guide Program: “Guiding was designed to train girls as good housekeepers and good citizens so that they might develop into healthy, happy women, able and willing to serve their fellows Note from text: M. MacMurchy, and their country at all times.” The Woman-Bless Her (Toronto, 1916), pp.9-33. Quoted in Their MacQueen, also Bonnie See 216-223. Proper Sphere pp. “Domesticity and Discipline: The Girl Guides in British Columbia 1910-1943” in Not Just Pin Money pp.221-235. 24  ibid.  151 Institute Quarterly during the War: Every women of the Empire must not think personal thoughts only, but learn to think in terms of empire. .Recall the old glory of our Empire as we learn it from history--- the name of the British Empire that has become synomyous for the highest civilization, for world-wide power, for liberty and justice. Recall our traditions--- the sanctity of home-life, the instinct of the Britisher to help the weak, to defend his honour to the death. 25 .  Likewise,  spokespeople for the institutes overseas presented  themselves as ambassadors of rationalized domesticity, honoured to be “Canada’s gift to the motherland” upon introducing their ideas to women back in England. 26  These appeals to Empire were based,  as are most forms of  nationalism, on a series of assumptions and exclusions.  The  attempt to situate the interests and concerns of some British Columbians as not only within, but synonymous with,  those of  the British Empire were problematic in three senses.  This  arrangement not only assumed a unity of interests and concerns  within that Empire,  it also ignored the multiplicity of people  living in BC at this time who necessarily could not occupy the position of an ambassador of Empire.  Finally,  it pre-empted  the possibility that though sharing a common heritage,  even  anglo- Canadian residents in rural British Columbia might yet have had needs and concerns which differed from the mythically 25  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.7  152 singular ones held in Britain.  Despite these disjuctures,  appeals to Empire were  nevertheless enlisted to reinforce notions of women’s proper role in the war effort. two aspects:  This role can be characterized into  the importance of bearing children,  and the  importance of creating and managing an ‘efficient’  home.  The  first drew both on the lived experience of men dying in great numbers as a result of the war,  and on a more generalized  focus on children’s welfare in the first quarter of the century in North America.  The following excerpt from Women’s  Institute Quarterly reflects some of these concerns: A woman can do a work of priceless value for the Empire in the home by bringing human lives into the world.. .War kills off the best of the nation’s manhood; therefore extra care must be exercised to save every child—- not for its own sake, but for the sake of the nation.” 27  At the same time,  carrying the motto “for home and  country”, Women’s Institutes likewise emphasized the importance of the maintenance of a certain kind of home to the war effort.  Assertions that women could best aid the war by  ‘practising economy’,  for example, were ubiquitous in material  from BC Women’s Institutes,  and produced staggering quantities  of materials for “their boys” overseas.  Through what could  have been drives to out-produce Institutes in other Provinces,  27  Women’s Institute Quarterly p.105.  153 women in BC Institutes prepared three and a half tons of fruit and vegetables, produced 2,135 pounds of jam,  and sewed no  less than 47,299 articles of clothing for soldiers during World War  1.28  In this same vein,  revisiting the essay “Women’s  responsibilities to the Empire”,  readers were informed that:  “It is the woman who economizes in her household, and her amusements,  in her dress  and puts her savings in the bank, who  supplies the “silver bullets”, which will finally beat the Germans”, while BC historian Barbara Riley has noted the early twentieth century belief that:  “domestic science would not  only make family life happier,  but would also produce greater  29 cohesion and harmony in the Empire”.  28  “They Also Served: The British Carol J. Dennison, Columbia Women’s Institutes in Two World Wars” Not Just Pin Money, pp.211-219, citation p.213. 29  Barbara Riley, “Six saucepans to one: Domestic Science vs. the Home in British Columbia 1900-1930” Not Just Pin Money, pp.159-181, citation p. 162.  --  -  - ;-  :“  :I  ci)  Z  H>  ac  I -I-i  cii  uj cii -H  0  -H  N  N N H  155 As I hope to have shown with examples from the juvenile justice system, and the BC Women’s Institute, notions of the home as feminized space and gendered notions of citizenship were folded into the themes of Patriotism and Imperialism advanced by these organizations and institutions.  Before  concluding I will relate how such themes traced through practices which were a little less implicated in state control in the strict sense, by briefly considering texts from a selection of immigration-aid organizations operating in Vancouver at this time.  b)  Immigration Practices and Gender Ideologies  As was illustrated in chapter four, the Vancouver YWCA drew on home-imagery in presenting thier services to young female immigrants.  Building on this,  the next section further  explores how organizations such as the YWCA were particularly interested in importing women to work as domestic servants, thereby reinforcing traditional low-paying jobs for women.  I  argue that immigration practices such as these supported traditional conceptions of the home as feminized space in two ways: both in so far as the YWCAs made conscious efforts to create a “homey” feel, while the individuals arriving at them were in turned farmed out to work as domestic servants in other peoples’  homes.  I further suggest that this was  inserted in a wider project of “patriotic” work towards  156 statemaking in British Columbia.  Through its “Travellers Aid” program described in the previous chapter,  the Vancouver YWCA received,  housed and  found jobs for hundreds of young women coming to Vancouver to find work.  Though some of the young women who arrived to the  province certainly would have found factory jobs, most women coming to BC with limited financial resources or connections would have found jobs in domestic service.  Domestic service  was the overwhelmingly largest sector of work in the province ° 3 for women at this time.  As one writer for the 1909 edition  of Women’s Life and Work in British Columbia explained, finding qualified young women to work as domestic helpers was a primary concern to bourgeois women of the day:  “May I say a  few words on the crying need of the day in British Columbia: More than anything else we want strong,  capable women and  ’ 3 girls who are willing to work in our homes”. Rosenthal and Bannerman have noted,  Further,  as  organizations such as the  °  As was mentioned in the previous chapter, for example, 42% of all working women in British Columbia at this time were As well, Canada-wide that engaged in Domestic Service in 1911. year 55.2% of all immigrant women worked in domestic service. Bannerman, “Cheap at Half the Price”, p.299. For a more general account of female immigration to Western Canada in the late 19th Hammerton, James Emigrant see early 20th centuries, and Gentlewomen: Genteel Poverty and Female Emigration, 1830-1914, A Flannel Shirt and Liberty: (London, 1979): and Susan Jackel, 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. Anne Kloppenborg, (Vancouver, 1977), p. . 67  157  YWCA and Salvation Army played an important role in the provision of young immigrant women to fill that sector of the labour market. 32  Unlike the women in whose houses they worked, had not come as either pioneers or homesteaders. with limited resources,  these women Arriving  these women were imported to fill a  particular labour market in BC for domestics workers.  Appeals  to the security and comfort of “home” on the part organizations such as the YWCA and other service organizations were made,  then,  to attract female immigrants who would likely  not one day own their own homes,  but rather work long,  hard  hours in someone else’s.  Finally, paying,  the importation of young women to fill low-  low-status jobs was constructed as important work  toward the project of statemaking in Western Canada. commentator,  for example,  said of the Vancouver “Travellers’  “this work is more than philanthropic.  Aid”:  33 patriotic.  One 1909  It is  Other boosters hailed this particular service  as a vital component of metropolitan development early in the twentieth century.  As  one 1914 writer reported:  The Y.W.’ has done its share in building up Vancouver, and with adequate support will keep pace 32  Star Rosenthal,  “Union Maids” p.40.  “Traveller’s Aid Excellent Work” Province, Feb. 19, 1909 p.8.  158 with the city’s growth. Dominion and provincial immigration departments have reason to recognize the part it plays in caring for newcomers and fitting them for their new surroundings. 34  Immigration programmes offered by similar organizations were touted as not only patriotic, but doing the important work of Empire.  The Queen Mary Coronation Hostel, which  offered accommodation to English immigrant women hailing from bourgeois families in financial distress, was one such example.  Organizations such as the QMCH,  working in  conjunction with British-based organizations like the British Women’s Emigration Association and the more prestigious Colonial Intelligence League for Educated Women,  sought to  disperse middle- and upper-class British women throughout the 35 empire.  As one representative from the Colonial  Intelligence League described this work: It is an Imperial work to help girls of a high stamp to seek their fortunes beyond the seas -women who will care for our glorious Flag and what it signifies... who will do their part in the land that . 36 their brothers are developing so splendidly”  To conclude,  in these three selective examples of reform  BCARS, GR #157, Provincial secretary’s notes. box 2, file 13. Such organizations spoke of the refined women they sent away to places like British Columbia as “missionaries of Empire” Marilyn Barber,”The Gentlewomen of Queen Mary’s Coronation Hostel” Not Just Pin Money, pp.141-158. 36  Ibid, p.145.  159 schools, women’s institutes and immigration practices in the YWCA,  I hope to have shown how traditional gender ideologies  were expressed,  and reinforced, under the auspices of nation  and empire in early twentieth century British Columbia.  At  provincial industrial schools entrusted with the task of shaping “good citizens”, male inmates learned skills that could be translated into trade jobs, while during wartime they further learned their responsibilities as defenders of Nation and Empire.  Meanwhile, at the girls industrial school,  inmates were taught how to be domestic servants,  learning that  they could best support the war effort by honing their proficiency the domestic arts.  In texts from Provincial women’s institutes, we find constructions of the home as feminized space serving as a building block to wartime rhetoric concerning how women in British Columbia can best express their National, and Imperial,  allegiances. And finally, in what was called the  “patriotic” work of importing women from overseas to fill positions as domestic servants  (one of the very least  desirable sectors of the female workforce in BC)  “Home” was  used icographically by various women’s organizations to suggest a secure,  supportive atmosphere in which young  immigrant women could find their feet.  During World War I in  British Columbia we find the language of Nation and Empire enlisted as the themes around which women’s proper role in the  160 War effort were spun,  a process that served to re-inscribe  traditional notions of womanhood and femininity at a time of social crisis.  *  *  *  *  *  *  *  161 CONCLUSION  According to Foucault,  “A Whole history remains to be  written of spaces--- which would at the same time be the history of powers--- from the great strategies of geo-politics 37 to the little tactics of the habitat”. of sexuality,  The interrelations  space and the law explored here are part of this  Despite the difficulties in retrieving these stories  effort.  and voices from the past,  such a project allows us to think  about the relations between the regulation of sexuality and the gendering of space in a historico-spatially specific way. As such,  I hope this project adds to a growing area of concern  and scholarship on issues surrounding sexual violence in general,  and in particular violence against women.  In this work I have addressed the relations of gender, sexuality,  space and the law in early twentieth century  Vancouver from different angles and different scales nested one within the other.  I argued in chapter one that through  the mechanics of how truth claims were made and legitimated in early twentieth century courts,  the words of women witnesses  appearing in rape trials were subject to various kinds of qualifications.  In turn,  I argued that through rationalized  discourses of medicine and science women’s bodies were objectified and interpreted in such trials by an Michel Foucault,  Power/Knowledge  (New York,  1980)  162 appropriative, voyeuristic male legal gaze.  Chapter two focused on the politics and punishment of male homosexuality.  In it,  I argued that as homosexuality  was constructed in opposition to sexual normalcy in this province,  an association emerged suggesting a link between  sexual deviance and social deviance within early twentieth century legal discourse in British Columbia.  I suggested that  the high incidence of South Asians targeted for charges of homosexual activity can be understood,  at least in part,  in  terms of wider processes of colonialism and orientalism, enabled in British Columbia in large measure though the degree of state surveillance trained on this community.  Chapters three and four periscoped to the scale of the relations between bodies, and the spaces and experiences through which they come to have meaning.  These chapters  addressed how space in early urban Vancouver came to have gendered meanings,  and what some of those meanings were.  In  chapter three, using the narrative of “Jack the Ripper” as a starting point,  I suggested that notions of ‘respectability’  and female virtue were not fixed, predetermined concepts in Vancouver at this time.  Rather,  I argued that such concepts  were both socially constructed, and bound up with a women’s use  (or avoidance)  of certain urban space.  Alternatively,  chapter four focused on the processes by which ‘home’ was  163 constructed, both within and beyond legal discourse, women’s proper, moral space.  as  I then illustrated how these  associations between urban space and female respectability were drawn on in early twentieth century rape trials in efforts to either establish, or cast doubt upon, women witness’ s reputations.  Finally,  in chapter five I examined how these notions of  space and female respectability fitted into wider conceptions of place; particularly in discourses of Nation and Empire. Through readings of materials from institutions such as Provincial Industrial Schools, women’s institutes and the YWCA,  I argued that notions of an idealized,  feminized home,  and an idealized female who knows, and (presumably)  stays in  her place, were imbricated in larger projects of statemaking in British Columbia at this time.  Throughout this excursion,  I hope to have suggested that at this time of great change in Vancouver’s social fabric, meanings of, that they were)  and boundaries  (such  between public and private, were undergoing  constant renegotiation.  Throughout the course of this project I have been struck by the similarity between what I have read in the archives during the day, evening.  and what I have read in the newspapers in the  It is as if,  (in a more cynical moment)  such  ! headlines as “Hryciuk inquiry hears testimony on anatomy”, and  164 “Man can probe girl’s sexual past in new trial!!  38  were issued  solely as reminders of how little has changed in the nearly eighty years between these trials, focused on for this thesis.  and the trials I have  The 1992 report of the British  Columbia task force on violence against women documented the continuing pervasiveness of domestic violence in the province, while neither on campus at UBC, do I feel “safe”  nor in the city more generally  walking by myself at night.  Further,  as social space undergoes constant renegotiation, spaces of knowledge about the past. the Fall of 1993,  just  so do our  As I finish this story in  the recent passage of the “Freedom of  Information Act” in this province has mandated the closure of a wide variety of archival documents from public view; including all of Crown Briefs that formed the basis of this Only having been catalogued in the mid 1980’s,  work.  this  rich source offered a brief window that is now closed.  So,  as the boundaries between what can,  and cannot enter  the public domain are being redrawn so as to occlude stories and voices that have already been silenced for so long,  I  offer this work as a contribution to the continuing struggles to reclaim such histories and spaces.  I have sought to  unpack some of the ways social identities are constructed through space,  38  and look at some of the very real effects of  The Globe and Mail, Oct. 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Riley, Barbara. “Six Saucepans to One: Domestic Science vs. the Home in British Columbia in the 1980’s”, British Columbia Reconsidered: Essays on Women: Ed. Gillian Creese and Veronica Strong-Boag, Press Gang Publishers, Vancouver, BC, (1992), pp. 119-143.  CD  H-  p3  U)  LI H  -  U)Q  U)  ft  CD  OHi  Li  (5)  CC  LJ  CD  H  c-FH  OH(DPi H.. 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I  ciO  HCD ‘..O  i  fl  -  O•  H  Li3 QP3  0  -  U)U)  CD  I-O  -‘  IH10)  iH  fti Ic-F P3  lCD  IH-  0  P3 LI 1  Li  H  -  Cl) P3 H1  tJ  Z  -.  II  ft 0  HCl)  CD  U) ft II p3 ci  I—’ H  i-i  P3  ODII C..  CD  0 H<  -  CC)  ft  O• ‘I 0< P3  ,-‘J  H-Il HCDI) LIH-P3  I-ft  OP3  c-’’-  0  P3  0  CD U)  H-  H,  C  CD II U) H c-F  H  --  I P3  0  H ‘01 ‘-0 WQ CD  -  CI)  HHH-U)  0  P3  dH-  CDCD  i’-’J  3  CDHCflH (OH -HP3 i H-•  -  Q  ‘-  U) CD  0  Irt  P3  0 H’  II  0  U)CD  Hft  HP)  H-n  0 ft  U)  CDU)  LIH  H  ODP3CD  CD H H- -.J .0H  -O  CDP3P3  P3 ft  LIXZ  I-’-  ••  U)k  IodILI  3  1H IU)HI  CDl  CD -I  cii  (IH U)I-0)  3ICD  H-ICD  cnloô  P3I  H H CD ‘-<  M  H ci  173 Suleri, Sara. The Rhetoric of English India: The University of Chicago Press, Chicago, 1992. The Champion: Journal of the Women’s Political Equality League: Political Equality League, Victoria Branch. Vol.1, no.1 Aug. 1912, Vol.2 no.4 Apr. 1914. Thomas, Timothy N. Ed. Indians Overseas: A Guide to Source Materials in the Indian Office 1830-1950: The British Library, Reference Division Publications, London, 1985. “Traveller’s Aid Excellent Work” p.8.  Province,  Feb.  19,  (1909),  Valentine, Gill. “The Geography of Women’s Fear” Area, (1989) PP. 385-390. Vancouver City Archives, Board of Police Commissioners, Court Calendars, 39(D)l2. Vancouver City Archives, Night Circa 1935”.  Image files,  # 260-783:  Vancouver City Archives, Police Files 37 transcripts 1903-1923. Wynn,  (D)  21.4, Police  “Newsstand At  3- case  Graeme. “The Rise of Vancouver” in Vancouver and Its Region: Graeme Wynn and Tim Oake Ed. University of 5. 4 British Columbia Press, Vancouver, (1992), pp.69-1  Walkowitz, Judith R. City of Dreadful Delight: Narratives of Sexual Danger in Late Victorian London: The University of Chicago Press, Chicago, 1992. Warburton, Rennie. “Race and Class in British Columbia: A Comment”, B.C. Studies, No.49 (1981), 79-85. Ward,  Peter. W. White Canada Forever: Popular Attitudes and Public Policy toward Orientals in British Columbia: McGill Queen’s University Press, Montreal, 1978.  ---“Class and Race in the Social Structure of British Columbia, 1870-1939”, B.C. Studies, No. 45 (1980), ---““Class and Race in British Columbia: A Reply”, Studies, 50 (1981), 52.  17-35.  B.C.  Weeks, Jeffrey. Sex, Politics, and Society: The Requlation of Sexuality since 1800: Longman Press, London, 1981.  O—)  HHH HOF’.)  H  HPsi0 H  -  H H  *31: * CD  * *41:  R’R’H  tJJF’) WWW  0  L’J H  LJJM 1W  H  H  31:41:  W  P P  HMW 0 ‘-.0  Cl)  H  H  —  H  0,W H  co  —  Ui-..)  (flU)  HP  si)  H  H  0, O  ‘o  31: * U)O)  HO  -  H  H  *31: CD  -.) 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Box 2, file # 13 on YWCA. from 1914 Province article “The YWCA”. Government Records #157, Provincial secretary’s notes. file # 6 on Salvation Army. Government Records #1323,  microform file B 2284 D-97.  *  *  *  Box 2,  177  APPENDICES  Appendix I: Vancouver City Boundaries 1914 Appendix II: Vancouver Land Use c.  1919  Appendix III: Cases of Sexual Violence heard in Vancouver between 1915 and 1925 by charge Appendix IV: Sexual Violence in Vancouver 1915-1925 Cases with locational information heard in Vancouver Assize  I-i r1  a,  N  co  U) U) ri $4  0 >1  4) ri  C) $4  a) 0 C)  ‘p.—.  P!COUVER  ii*:  O G1Ji  OF ..,  £1  —---—i -i  ,  ‘.;‘j.  ;i  •  1  0 L—. ‘-I  x  r1  .  U G)  I  -1  I-’  cii  C.)  0  0  s-i tG  ct  H  rI  Cl)  (t s-I  ci)  C.)  0  ‘ti H 0 ‘ti I”  C.)  E  s-I  0 LI-i  I  5 r  I  VbcnuvER  -  .x  13-al -  t1llllll:ttiI.t  -W ry.s  EXHlalrloN  /  I  —  _— .- ,  —  —  railway streetcar line civic boundary creek animal sighted  A poster advertising the Vancouver Exhibition (todays PNE)  :pnd  Vancouver in the l 10s 9 Land use ct919 Commercial Apartment Housing Institutional Industrial Farm  :  I  I  L  Mexx  o  I  a  I  xxkool xl 4c xkxlxx  LLL  a  Ltfl  __L  1913  ,-  I  180 Appendix III CASES OF SEXUAL VIOLENCE HEARD IN VNCOtJVER 1915-1925 BY CHARGE:  RAPE/CARNAL KNOWLEDGE.  .  .25  ATTEMPTED RAPE  4  GROSS INDECENCY (between men) BUGGERY  5 4  ATTEMPTED BUGGERY or.... INDECENCY  3  ABORTION  7  SEDUCTION  6  INDECENT ASSAULT  5  INCEST  4  PERMITTING DEFILEMENT...  1  POSTING OBSCENE PUBLICATION  1  CORRUPTION  1  Ai xipueddy 181  182 KEY TO MAP “SEXUAL VIOLENCE IN VANCOUVER 1915-1925”  1)  Carnal Knowledge,  2)  Abortion,  3)  Indecent Assault,  2795 Wall St.  4)  Carnal Knowledge,  Hanbury’s Mill  5)  Attempted Rape,  6)  Rape,  7)  Carnal Knowledge,  8)  Permitting Defilement,  9)  Carnal Knowledge,  Semlin & Union St.  Dunsmuir Hotel,  74  502 Dunsmuir St.  West Hastings St.  1633 2nd Ave. 120 Cassiar St. Dunsmir Hotel,  Main St.  502 Dunsmuir St.  & Hastings St.  10)  Indecent Assault,  151 Seymour St.  11)  Carnal Knowledge,  827 Keefer St.  12)  Rape,  13)  Carnal Knowledge,  14th & Commercial,  14)  Carnal Knowledge,  Hudson Hotel,  15)  Seduction,  16)  Assault on Wife,  17)  Carnal Knowledge,  18)  Rape,  19)  Seduction,  20)  Carnal Knowledge,  21)  Abortion,  22)  Carnal Knowledge,  813 Hornby St.  23)  Carnal Knowledge,  3755 East 22nd Ave.  24)  Indecent Act,  447.5 Heatley St. Buffalo Park  773 Seymour  15 West 15th Ave. 4625 Boundary Road 330 Dunsmuir St.  967 Richards 2254 Cornwall 806 Hawkes Ave.  1424 Burrard St.  1100 West Hastings St.  (between men) 25)  Gross Indecency,  2595 Commercial Drive  (between men) 26)  Buggery,  1035 Pender  

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