Happy Canadian Emancipation Day

 

Today is the first occurrence of a newly-minted Canadian holiday, “Emancipation Day,” meant to commemorate the emancipation of black slaves in Canada in 1834.

It is worth noting that probably no Canadian slaves were actually emancipated in 18334; for the inconvenient reason that there were no slaves in Canada at that time.

There has been slavery in Canada—as there has been slavery in every society known to man. But it played a much smaller role in Canadian history than that of most places. Canada is more prominent as a refuge for those escaping slavery elsewhere.

Upper Canada—Ontario—banned the importation of slaves in 1793. It has the distinction of being the first jurisdiction in the British Empire to do so. If you made it to Ontario, you were free.

In New France slavery was never recognized by legislation, but the intendant Raudot issued an ordinance in 1709 that legalized it: “All Panis and Negroes who have been purchased and who will be purchased, shall be the property of those who have purchased them and will be their slaves; it shall be forbidden to said Panis and Negroes to leave their masters, and whosoever shall incite them to leave their masters shall be subject to a fine of fifty pounds.” 

However, court decisions in the late 1790s determined that, at least from that date, a "slave could not be compelled to serve longer than he would, and ... might leave his master at will."

Slavery existed informally in Nova Scotia, but was never recognized in law. Accordingly, a slave was in practical terms probably free to go, so long as he could outrun his master. The state would not come after him.

The historian Marcel Trudel catalogued the existence of about 4,200 slaves in Canada between 1671 and 1834, the year slavery was abolished in the British Empire. That is not 4,200 slaves at any one time; that is a total over the full span, 1671 to 1834. Most of these slaves—two thirds—were not black. So we are talking of a total of 1,400 black slaves. About 500 of that number were brought in by Loyalists fleeing the American Revolution—and soon emancipated.

As a Canadian, I am proud of our ancestors’ record of refusing to recognize or practice slavery. I think it is worthy of commemoration, and I trust this is what is intended by the holiday.