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This Chapter offers an analysis of two influential, intelligence reports – authored by military officers William Butler and Patrick Robertson-Ross. They were instructed in 1870 and 1872 respectively by the Dominion of Canada (North-West Territories Council) to reconnoitre the North-West Territories in preparation for colonial settlement. Both reporters identified Alberta’s supposed lawlessness as requiring colonial intervention. It describes the socio-politics implied by the reports, detailing their race-tinted assessments, and how they divided an assumed population into racially conceived forms of life. Replicating popular imperial supremacist opinions, the reports egregiously placed ‘white’ settlers at the pinnacle of evolutionarily imagined notions of social progress. Both relied on rumour to recommend that law be used to enforce relational orders conducive to colonial settlement. This was to be achieved without provoking wars against Indigenous peoples.
This critical socio-legal history probes pretrial accusations through which colonial criminal law forged social orders for settler-colonialism across western Canada, focusing on Alberta, 1874–1884. Following military intelligence, a Northwest Mounted Police force was established to compel Dominion law. That force began by deploying accusatory theatres to receive information about crimes, arrest suspects, and decide via preliminary examination who to send to trial. George Pavlich draws on exemplary performances of colonial accusation to show how police officers and justices of the peace translated local social lore into criminal law. These performances reflected intersecting powers of sovereignty, disciplinarily, and biopolitics; they held accused individuals legally culpable for crimes and obscured social upheavals that settlers brought. Reflecting on colonial legacies within today's vast and unequal criminalizing institutions, this book proposes that we seek new forms of accusation and legality, learning from Indigenous laws that tackle individual and collective responsibilities for societal disquiet.
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