Crime and Punishment in Upper Canada. Janice Nickerson

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СКАЧАТЬ the first day of the next term, being Hilary 48th Geo. 3rd (Hilary’s term is January to March, the 48th year of King George III’s reign, which was 1808), to the Court of King’s Bench at York and to attend every day until discharged by the court.

      However, despite the danger and low pay, it would appear that most constables carried out their orders very well, receiving praise from the magistrates. Frances Ann Thompson’s study of the Niagara District records revealed that there were very few complaints about the conduct of constables.¹⁶

      Most of the time, once a suspect was arrested he stayed in gaol until the next session of the court. Towards the end of the Upper Canada period it became more common for the accused to swear out a recognizance (along with two of his supporters), which would allow him to be released temporarily pending trial. If he didn’t appear, he and his sureties would owe the court the amount of the recognizance — usually a very large amount.

       Investigative Records

      Investigative records are generally filed under the name of the clerk who created and maintained the records (Clerk of the Peace, criminal Assize clerk, etc.) or the relevant level of court (Quarter Sessions, Assizes).

      Note: This inventory only contains records that begin before 1841. Many other records will be available for the post-1841 period. See Abbreviations Used for a list of repository abbreviations.

       Case Files or Filings

      Case files or filings contain a wide range of documents prepared in the course of the investigation and trial. They can include: recognizances, summonses, warrants, informations, examinations, indictments, police reports, exhibits such as maps or photographs, coroner’s records, and lists of evidence.

       Inventory

       Assize Records

      • AO RG 4-1, Boxes 6–7 Crown Prosecutions Case files, 1799–1843.

      • AO RG 22-138 Court of King’s Bench Criminal Assize Filings, 1792–1799, 1815–1819. These are all indexed in the ADD by defendant’s name, a total of twenty-seven cases, plus a file of recognizances for the Eastern District, 1798/1799.

      • TPL L16 William Dummer Powell papers, B85: bound book “Circuit Papers” 1788–1820. Includes miscella–neous papers relating to a wide range of cases, including affidavits, a coroner’s inquest and indictment, an infor–mation, a jury summons, and several petitions.

       Quarter Sessions Records

      • AO RG 22-14 Johnstown District (Brockville), Court of General Quarter Sessions of Peace case files, 1802–1846.

      • AO RG 22-32 Newcastle District (Cobourg) Court of General Quarter Sessions of the Peace filings, 1803–1848. There are no records for 1845 or 1847.

      • AO RG 22-96 York County (York/Toronto) Court of General Sessions of the Peace filings. There are only a smattering of documents for the years 1796–1799, 1828, 1832, and 1838.

      • AO RG 22-109 Western District (Windsor) Court of General Quarter Sessions of Peace case files, 1821–1859 in Hiram Walker Collection, MS 205.

      • AO RG 22-110 Western District (Windsor) Court of General Quarter Sessions of Peace filings, 1822–1859 in Hiram Walker Collection, MS 205.

      • AO RG 22-372 Lincoln County/Niagara District (St. Catharines) Court of General Quarter Sessions of Peace filings, 1828–1919.

      • TUA 90-005 Victoria County fonds, 1834–1969: General Quarter Sessions of the Peace records.

      • TUA United Counties of Northumberland and Durham. Court records fonds, 1803–1955: includes General Quarter Sessions of the Peace filings.

       Coroner’s Investigation or Inquest Records

      Coroner’s records usually contain only the final report written by the coroner’s jury. However, in some cases you will also find records of their investigation, such as summons and examinations. The final report will describe the findings of the jury (i.e., how the deceased met his death and whether it should be classed as a criminal offence, accident, or natural causes), and recommenda–tions for actions to be taken to avoid similar events in the future. The report is signed by all the jurors.

      Records of coroner’s inquests and investigations may be found in local county or district archives and also at the Archives of Ontario. They may be embedded in records of the quarter ses–sions, so check files and filings records, as well as those labelled “coroner’s” records.

       Inventory

      • AO RG 22-1826 Western District Court of General Quarter Sessions of Peace, coroner’s investigations and inquests, 1835–1836.

      • AO RG 22-3195 Lincoln County/Niagara District, Court of General Quarter Sessions of Peace, coroner’s investigations and inquests, 1834–1917.

      • AO RG 22-3395 Middlesex County/London District, Court of General Quarter Sessions of Peace, coroner’s investigations and inquests, 1831–1893.

      • AO RG 22-3788 Newcastle District, Court of General Quarter Sessions of Peace, coroner’s investigations and inquests, 1821–1848.

      • AO GS microfilm, Huron County, Court of General Quarter Sessions of Peace, coroner’s records, 1841–1904.

      • AO GS microfilm Middlesex County/London District, Court of General Quarter Sessions of Peace, coroner’s records, 1831–1835.

      • TUA 90-005 Victoria County fonds, 1834–1969: General Quarter Sessions of the Peace, includes Inquests.

      • TUA United Counties of Northumberland and Durham, Index to Coroner’s Inquests:

      • www.trentu.ca/admin/library/archives/84-020%20inques–tucnd. htm. HCM Coroner’s Inquest — December 8th, 1841.

       Police Records

      Police records can include a wide range of records including personnel records, day books, arrest warrants and registers, bail books, correspondence, and financial records. They can be found in municipal archives and in private police archives. Professional police forces did not develop until after the Upper Canada period, so there are no specific records for them prior to 1841.

      The earliest records for the Toronto City Police, the first pro–fessional police force in Ontario, begin in 1849. They are housed at the City of Toronto Archives.

       Private Papers

      Records pertaining to criminal investigations may sometimes be found in private papers, particularly of justice personnel. This inventory cannot hope to be complete, but provides a starting point for researchers.

       Inventory

       High Court Judges

      TPL L16 William Dummer Powell papers:

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