King’s and Queen’s Counsel appointments in Canada

By Rebecca Murray

“A [Queen’s Counsel] appointment is a mark of recognition to honour lawyers who demonstrate exemplary service to Canadian society through their dedication to the law and to Canada’s justice system.” (Minister’s Transition Book, Department of Justice) Among members of the Bar itself, getting the designation is sometimes referred to in English as “taking silk.” This is because when you get the designation you become entitled to wear silk robes that are also cut differently from the plain black cotton robes. Appointments at the federal level are now restricted to federal public servants, but in the pre-Confederation era, appointments were granted through letters patent, now found in the sous-fonds of the Registrar General (RG68) held at Library and Archives Canada.

To identify these appointments via letters patent, follow these steps:

Step 1

Find the General Index for the period. For the pre-Confederation era, look at one of the following two indices:

Step 2

Next, find the entry in the alphabetical table of contents:

Step 3

Go to the corresponding page in the General Index. For example, you will find the index to appointments for pre-1841 records for both Upper and Lower Canada on pages 539 and 540. The post-1841 indices are on pages 316–318 for Lower Canada, and pages 318–320 for Upper Canada.

Step 4

Looking at page 540 of RG68 volumes 894 and 895, “General Index,” C-2883, as an example, we can read the list of names and select those of interest. Let’s take Alexander Buchanan as our example. The letters patent granting his King’s Counsel (KC) designation were issued on June 19, 1835, and can be found in liber 14 on page (folio) 279.

A black-and-white page of handwritten text in a ruled notebook.

Excerpt from page 540 of the General Index for pre-1841 records, specifically for King’s and Queen’s Counsel appointments.

Step 5

To find the specific liber within the record group (RG68), use Collection Search and follow the model below. The first and second screenshots below show the search screen and terms used while the third shows the item level result.

A colour screenshot of search results with the page title “Collection Search (Beta)”.

A screenshot showing the search terms and first results page in the Collection Search (Beta) function.

A colour screenshot of search results with the page title “Collection Search (Beta)”.

A screenshot showing filtered results by date.

A colour screenshot of data with the page title “Collections and Fonds – 1336219”.

A screenshot showing the item level result.

Step 6

From the results page, we see that the document is available on microfilm, and in this specific case, it is available on digitized microfilm.

We can then navigate through the reel until we find the relevant document and page.

A black-and-white page of handwritten text in a ruled notebook.

An excerpt of the text of the commission appointing Alexander Buchanan Esquire, King’s Counsel, in RG68 volume 110, file 14, page 279, found at image 514 of digitized microfilm reel C-3926.

When Alexander Buchanan received the designation “KC” in 1835, Canada was just years away from the arrival of Queen Victoria to the British throne. This means that if he had still been practicing law in good standing at the time of her coronation, Buchanan would have changed the “KC” designation to “QC”, to reflect the female monarch. Similarly, current QCs in Canada will change their designation to “KC” upon the coronation of a king.

Library and Archives Canada also holds the private fonds of numerous King’s and Queen’s Counsel appointees, such as the Ramon J. Hnatyshyn fonds (R10945) and the John Duggan fonds (MG29-E88). Here is a challenge for readers:

If you are interested in the history of King’s and Queen’s Counsel appointments in Canada, pre- and post-Confederation, I encourage you to review our holdings for related records and to do research to find out more about how the appointment is awarded in your home province or territory today.


Rebecca Murray is an archivist in the Reference Services Division at Library and Archives Canada.

How archives can protect human rights

By R.L. Gabrielle Nishiguchi

When asked to name one of Canada’s fundamental democratic institutions, how many people would immediately say “Library and Archives Canada”? Yet, a nation’s archives preserves in perpetuity the evidence of how we are governed.

From the story of Japanese Canadian Redress, we can  learn how records held by Library and Archives Canada (LAC)—combined with crucial citizen activism making use of these records—have contributed to holding the federal government accountable for now universally condemned actions.

From silence to a movement

When the Second World War ended, devastated survivors buried their trauma out of necessity in order to focus on rebuilding their lives. Silence enveloped the Japanese Canadian community.

However, in the late 1970s and early 80s, at small, private, social gatherings where survivors felt safe to share their wartime experiences, a grassroots redress movement was born.

The Redress Agreement states that between 1941 and 1949, “Canadians of Japanese ancestry, the majority of whom were citizens, suffered unprecedented actions taken by the Government of Canada against their community.” These actions were disenfranchisement, detention in internment camps, confiscation and sale of private and community property, deportation, and restriction of movement, which continued until 1949. These actions were taken by the Government of Canada, influenced by discriminatory attitudes against an entire community based solely on the racial origin of its members.

A black-and-white photograph showing a Japanese-Canadian man, who is crouching, and four children in front of a store.

Sutekichi Miyagawa and his four children, Kazuko, Mitsuko, Michio and Yoshiko, in front of his grocery store, the Davie Confectionary, Vancouver, BC, March 1933 (a103544)

A black-and-white photograph showing twelve Japanese Canadians unloading a truck.

Arrival of Japanese Canadian internees at Slocan City, BC, 1942. Credit: Tak Toyata (c047396)

Citizen activism and declassified government documents

In 1981, Ann Gomer Sunahara researched newly declassified Government of Canada records made accessible by the then Public Archives of Canada. Sunahara’s book The Politics of Racism documented the virtually unquestioned, destructive decision-making with respect to the Japanese Canadian community of Prime Minister Mackenzie King, his Cabinet, and certain influential civil servants.

A black-and-white photograph of two men standing near a tall, iron gate. A London bobby (police officer) is visible behind them.

Rt. Hon. W.L. Mackenzie King (right) and Mr. Norman Robertson (left) attending the Commonwealth Prime Ministers’ Conference, London, England, May 1, 1944. It was during this time period that Norman Robertson, Under Secretary of State for External Affairs, and his special assistant Gordon Robertson (no relation) developed the plan which resulted in the deportation of 3,964 Japanese Canadians to Japan in 1946. (c015134)

The National Association of Japanese Canadians (NAJC), which came to represent the views of the community concerning redress, astutely recognized the critical importance of having access to government documents of the 1940s, which could serve as primary evidence of government wrongdoing.

On December 4, 1984, The New Canadian, a Japanese Canadian newspaper, reported that the NAJC had “spent months digging through government archives” to produce a report entitled Democracy Betrayed. The report’s executive summary stated: “The government claimed that the denial of the civil and human rights [of Japanese Canadians] was necessary because of security. [G]overnment documents show this claim to be completely false.”

Citizen activism and the records of the Office of the Custodian of Enemy Property

In 1942, all Japanese Canadians over the age of 15 were forced by the government to declare their financial assets to a representative from the federal Office of the Custodian of Enemy Property. Custodian “JP” forms containing a detailed listing of internee property formed the nucleus of 17,135 Japanese Canadian case files.

To further negotiations with the Canadian government to obtain an agreement, the NAJC needed a credible, verifiable estimate of the economic losses suffered by the Japanese Canadians. On May 16, 1985, the NAJC announced that the accounting firm Price Waterhouse had agreed to undertake such a study, which would culminate in the publication of Economic Losses of Japanese Canadians after 1941: a study.

Sampling Custodian records in 1985

A team of Ottawa researchers, primarily from the Japanese Canadian community, was engaged by Bob Elton of Price Waterhouse to statistically sample 15,630 surviving Custodian case files, held by the then Public Archives of Canada. These government case files contained personal information that was protected under the Privacy Act (RSC, 1985, cP-21). However, under 8(2)j of the Act, the files were made accessible to the team for what the Act deems “research and statistical purposes.”

On September 20, 1985, the Ottawa Citizen newspaper reported Art Miki, then president of the NAJC, saying that the “Custodian (case) files are the most valuable raw material for the economic loss study because they meticulously document each transaction whether it was the sale of a farm, or a fish[ing] boat, a house or a car.”

A black-and-white, head-and-shoulder photograph of Art Miki.

Art Miki, educator, human rights activist, and president of the National Association of Japanese Canadians (NAJC) from 1984 to 1992. Miki was chief strategist and negotiator during the Redress Campaign, which culminated on September 22, 1988, with the signing of the Japanese Canadian Redress Agreement between the NAJC and the Government of Canada. In 1991 he received the Order of Canada. Photographer Andrew Danson (e010944697)

Citizen activism: Molly and Akira Watanabe

In the final sampling, 1,482 case files were reviewed. It was grueling, painstaking work. Some researchers were unable to continue because of nausea and eyestrain induced by hours spent pouring over microform  images, some of very poor quality.

A superlative example of citizen activism is the dedication of Ottawa researchers Akira Watanabe, Chairman of the Ottawa Redress Committee, and his wife Molly. With several hundred files still unsampled, dwindling numbers of researchers and only four weeks remaining to do the work, the Watanabes went to Public Archives Canada after work for twenty evenings. Molly Watanabe died in 2007.

On May 8, 1986, the study was released to the public. Price Waterhouse estimated economic losses for the Japanese Canadian community at $443 million (in 1986 dollars).

Archival records alone do not protect human rights

Documents sitting in a cardboard box on a shelf, or microfilm sitting in cannister drawers, cannot protect human rights—people do. Japanese Canadian Redress showed Canadians that it takes dedicated activism to locate and use archival records.

Archival government and private records from the 1940s preserved by LAC and used by citizen activists were critical in building the Japanese Canadian case for Redress. By preserving the records that hold our government accountable in the face of injustice, LAC continues to be one of our country’s key fundamental democratic institutions.


R.L. Gabrielle Nishiguchi is an archivist in the Society, Employment, Indigenous and Governmental Affairs Section, Government Archives Division, at Library and Archives Canada.

A deportation ledger and the story of a Japanese Canadian deportee

By R.L. Gabrielle Nishiguchi

A black-and-white photograph of a group of women with a child standing in front of luggage and crates.

A group of Japanese Canadian deportees, who had been interned during the Second World War, waiting for a train to take them to a ship bound for Japan. Slocan City, British Columbia, 1946. Credit: Tak Toyota (c047398)

For just one evening, on September 20, 2018, Library and Archives Canada (LAC) will exhibit a bound, time-worn 1946 ledger with a blue cover. This small exhibit is part of “Revisiting Japanese Canadian Redress: Conference on the 30th Anniversary of the Agreement,” an event co-hosted by LAC and the Ottawa Japanese Community Association.

Why is this ledger so important? The pink pages, imprinted with fading purple Gestetner ink, show the names of 3,964 Japanese Canadians—among them almost 2,000 Canadian-born children—who were deported to war-ravaged Japan in 1946. The deportees represented about one fifth of some 20,000 Japanese Canadians who were forcibly removed from the West Coast in 1942. Each person’s entry includes the following information: registration number, date of birth, sex, marital status, national status, the place of departure, whether the person had signed the survey form (more about this below), and remarks such as “mental hospital,” “mentally unbalanced [and] unable to sign,” “New Denver Sanitorium,” “illeg[itimate],” “adopted,” “common law” and “Canadian Army.”

The word “Repatriates” is handwritten on the cover in fountain-pen ink. “Repatriation” is the expression used by the Canadian government to describe what scholarship and research have shown amounted to deportation. This term is often paired with the word “voluntary” (as we shall see, it was not). By definition, Canadian-born children whose only connection to Japan was their racial origin could not be “repatriated” to Japan.

Beside certain names are handwritten ballpoint and fountain-ink annotations. LAC has other copies of bound ledgers similar to the one on display, but what makes this particular copy so valuable are the handwritten annotations it contains. These annotations appear to be citations from statutes or Orders in Council (e.g., Privy Council Order 7356, December 15, 1945) that indicate how Canadian immigration officials would be able to prevent certain deportees from returning to Canada.

Recognizing the value and the historical significance of the ledger, LAC immediately scanned the pages to preserve the information they contained.

By doing so, LAC took steps to preserve the power of a name in our country’s memory. The names and information about the deportees bear silent but powerful witness to the suffering of those 3,964 men, women and children who ended up in a defeated and starving Japan and who were effectively barred from returning to Canada solely on the basis of their racial origin.

A black-and-white photograph of three men lifting a crate.

Three Japanese Canadian men, one of whom could be 42-year-old Ryuichi Hirahara (Registration Number 02553), loading a crate. Mr. Hirahara and his 40-year-old wife Kazu Hirahara (Registration Number 02554) were both Japanese nationals and interned in Slocan City, British Columbia. The shipping label is addressed to “Ryuichi Hirahara” at an address in Wakayama City, Japan. Mr. Hirahara requested that his belongings be held for him at the Wakayama Train Station, since he could not be sure that his ancestral home had survived the war. He did know that train stations would be among the first buildings to be rebuilt, since trains were critical to rebuilding Japan’s infrastructure. The Hiraharas were deported to Japan in 1946. Credit: Tak Toyota [Translation: Dr. Henry Shibata] (c047391)

The deportee: Henry Shibata

At the “Revisiting Japanese Canadian Redress” event on September 20, participants not only will be able to view the ledger, but also can meet 88-year-old Canadian-born Henry Shibata, who was deported to Japan in 1946 and whose name is inscribed in the ledger on display.

In the ledger, beside his name and the names of all six of his Canadian-born siblings, we find handwritten annotations (which appear to be statute citations). If these citations are indeed equivalent to the annotations referring to Privy Council Order 7356—the order that barred the return of any deported naturalized Japanese Canadians—then the Canadian government’s intention was to bar Henry and his siblings from returning to Canada.

A black-and-white photograph of two men standing in front of an iron gate, with a London police officer behind them to the left.

The Rt. Hon. W.L. Mackenzie King and Mr. Norman Robertson attending the Commonwealth Prime Ministers’ Conference, London, England, May 1, 1944. Around this time, Norman Robertson, Under Secretary of State for External Affairs, and his special assistant Gordon Robertson (no relation) developed the deportation plan approved by Prime Minister Mackenzie King. (c015134)

The survey that would change everything

In the spring of 1945, the government of Canada surveyed every Japanese Canadian 16 years or older, including those in internment camps and even patients being treated in a psychiatric hospital, and compelled each person to choose whether he or she would go to Japan or east of the Rockies. Signing a form—which was part of this massive survey—and choosing to go to Japan was treated as prima facie evidence of disloyalty to Canada by the federal government, and an automatic cause for segregation and deportation. This information was expressly not provided to the Japanese Canadians forced to make this life-altering choice.

They did not understand what they were signing: in effect, their application for deportation. In fact, several of the annotations in the ledger, written by a bureaucrat, even include the phrase “app[lication] for deportation.” The survey was conducted by the Royal Canadian Mounted Police. Japanese Canadians who had been interned in detention camps in the interior of British Columbia, who found themselves forced to work on Prairie sugar beet farms to keep their families together, who were forced to work in isolated road camps, or who had been interned in prisoner-of-war internment camps for protesting their separation from their wives and children, were discouraged and afraid for their futures. Many had survived three long years in internment camps, where they could not move beyond camp boundaries without a pass.

A black-and-white photograph of a Royal Canadian Mounted Police officer seated at a table examining papers with many men around him

Royal Canadian Mounted Police constable checking documents of Japanese Canadians being forced to abandon their homes and go to internment camps, 1942. Credit: Tak Toyota (c047387)

A black-and-white photograph of rows of internment camp dwellings.

Internment camp for Japanese Canadians, Lemon Creek, British Columbia, June 1945. Credit: Jack Long (a142853)

Why did the deportees sign to go to Japan?

Pressure began with the community’s forced relocation from the West Coast in 1942. Then, starting in 1943, their property—held in trust by the federal Office of the Custodian of Enemy Property—had been auctioned off without their consent. Internees had been forced to live off the monies realized from these sales, essentially paying for their own internment. Moreover, internment camp supervisors were graded on how many signed forms they could obtain.

Those Japanese Canadians who ended up signing were the most vulnerable internees: persons with family trapped ‎in Japan, single-parent families and psychiatric patients (some of whom were too sick to sign). Some with limited English-language skills felt that they were too old or too destitute to start their lives over in typically hostile communities to the east. There were also some older Canadian-born children who felt compelled to accompany their aging or sick parents to Japan.

In the case of young Henry Shibata’s family, interned in Lemon Creek, British Columbia, parents Hatsuzo and Tomiko had family in Hiroshima and had not heard whether anyone had survived the atomic bomb. Henry’s father, Hatsuzo, also felt that his own lack of written English would make it next to impossible to start over at the age of 52 in Eastern Canada. With the birth of his child Hisashi in the Lemon Creek internment camp, Hatsuzo Shibata now had a wife and seven children to support.

During the “Revisiting Japanese Canadian Redress” event on September 20, the deportation ledger will be opened to page 394, the page with the Shibata family entry. At this event, Dr. Henry Shibata will see his name in this ledger for the very first time, 72 years after he sailed to Japan on the SS General Meigs. Now 88 years old and a renowned Canadian surgical oncologist, he will see the original ledger page recording his family’s deportation.

A black-and-white photograph of three men standing in front of a ship.

Japanese Canadians being deported to Japan after the Second World War on the United States Army Transport SS General Meigs at Canadian Pacific Railway Pier A in Vancouver, British Columbia. Left to right: Corporal R.A. Davidson, Royal Canadian Mounted Police; C.W. Fisher; T.B. Pickersgill, Commissioner of Japanese Placement, Department of Labour, June 16, 1946. (a119024)

Despite the brutal and unspeakable hardships endured by Henry and his family in Hiroshima—a city turned to cinders by the first atomic bomb—Henry managed to graduate from Hiroshima Medical School. Dr. Shibata returned to Canada in 1961, after spending four years in the United States studying to become a surgeon. Through his expertise, Dr. Shibata has helped save many Canadian lives. He retired as a Professor Emeritus of McGill University in 2015.

The above-mentioned ledger, with its annotations, was the practical means of barring the return of the deportees. A senior civil servant succinctly expressed the intention of the annotations. On May 4, 1950, Arthur MacNamara, the Deputy Minister of Labour, wrote to Humphrey Mitchell, the Minister of Labour: “The External Affairs Department seem inclined to agree that men who were born in Canada and who … were sent to Japan might now be allowed to come back. This seems to me a matter on which there should be masterly inactivity. Even in the case of men or women born in Canada it does seem to me that they should be ‘allowed to suffer for their sins.’ After all they chose to go to Japan; they were not compelled.” (RG27, Volume 661, File 23-2-18, Deputy Minister of Labour Arthur MacNamara to Minister of Labour Humphrey Mitchell)

Co-Lab challenge

LAC’s new crowdsourcing tool, Co-Lab, gives Canadians the chance to collaborate with LAC by using their personal computers. LAC plans to host the ledger images in a Co-Lab challenge in the coming months, but you can see these images right now using Collection SearchBeta.

Canadians who have been moved by the story of the deportations and who wish to help keep the names of the deportees alive will have the opportunity to collaborate with LAC and transcribe the 3,964 names and the associated information. LAC hopes that a searchable transcription of the ledger will enable reseachers to decipher the critical handwritten annotations and compile more statistical information on the deportees.

We cannot change history and prevent those deportations, but we can solve the mystery of the annotations. We can also make sure that each entry remains accessible to the deportees, their families and researchers around the world, so that all of us can experience the power of these names; so that we shall never forget the human suffering embodied in them or the talent and promise we prevented from enriching Canada.

In the meantime, LAC has compiled photographs of Japanese Canadian internment in a Co-Lab challenge and is seeking your help to write descriptions and add keywords that further contextualize these historic photographs and increase the “discoverability” of these records. Try the challenge now!

Know more about the Co-Lab tool and the Collection SearchBeta by reading this previous blog post: Introducing Co-Lab: your tool to collaborate on historical records

More on LAC’s website

Learn about the deportations, the internment camps in Canada and the Redress campaign, or consult our major collections, by visiting the Japanese Canadians web page.


R.L. Gabrielle Nishiguchi is an archivist in the Society, Employment, Indigenous and Governmental Affairs Section of the Government Archives Division at Library and Archives Canada.

Louis St-Laurent, Canada’s foreign policy pioneer

By Bruno Sauvagnat

July 25, 2018, marked 45 years since the death of Louis St-Laurent, the 12th prime minister of Canada (1948–1957) and a very active participant on the international scene.

Louis St-Laurent was born on February 1, 1882, in the small village of Compton, Quebec, where he was raised by parents Jean-Baptiste Moïse St-Laurent and Mary Ann Broderick. During his youth, he was introduced to politics by his father, who ran unsuccessfully as a provincial Liberal candidate. However, Louis St-Laurent had little interest in politics and instead concentrated on law. In 1905, he completed his studies at Université Laval and began a prestigious law career, which he pursued until 1941.

That year, at the request of Canadian Prime Minister Mackenzie King, Louis St-Laurent agreed to leave his lucrative career to become the Minister of Justice in the Liberal federal government. He helped develop several policies to support the war effort during the Second World War. St-Laurent played a crucial role in implementing the National Resources Mobilization Act, which brought about conscription to address the Canadian Army’s need for personnel.

In 1946, St-Laurent became the Minister of External Affairs. One of his highlights in this capacity was a speech to students and professors at the University of Toronto entitled “The Foundations of Canadian Policy in World Affairs.” The speech was not revolutionary, but it was the first to clearly articulate Canada’s international policies.

Black-and-white photograph showing Louis St-Laurent seated on a couch, reading a newspaper to two young girls sitting on either side of him.

Louis St-Laurent reading to children, 1947. Photos like this one served to reinforce his image as a kind, accessible person. Source: a125907

Two years later, St-Laurent succeeded Prime Minister Mackenzie King as the country’s leader. He owed his success in part to a change in his image: from a discreet lawyer to an approachable man who was close to the Canadian people. During this time, he acquired the nickname of “Uncle Louis” in the English-language media.

Black-and-white photograph of Louis St-Laurent flanked by soldiers. Two South Korean soldiers are on his left and two others on his right. Two Canadian soldiers can be seen in the background. In the foreground, on the left, is the partial profile of a Canadian soldier wearing glasses and a cap.

Prime Minister Louis St-Laurent visiting Canadian troops in the 3rd Battalion of the Royal Regiment of Canada on the battlefield in Korea, March 1954. Source: e011185001

While in power, St-Laurent worked to make Canada a key player in the international arena. In particular, he supported the United Nations in sending forces to intervene in Korea. It was also during his administration that the Blue Berets were created as peacekeepers to resolve the political crisis over the Suez Canal.

St-Laurent called on international institutions when they could support his initiatives. Although his decisions on foreign policy sometimes appeared to be based on a humanitarian vision, they actually stemmed from a pragmatic approach. Canada benefited both economically and politically from a more stable world, one that was able to purchase surpluses produced by Canada.

St-Laurent was also passionate about Canadian unity. It was during his time in office that Newfoundland (now Newfoundland and Labrador) joined Confederation. He also sought to reduce the tensions between English‑speaking and French‑speaking communities that had followed conscription.

When he was 75 and exhausted, St-Laurent lost the 1957 election to the Progressive Conservative John Diefenbaker. St-Laurent’s legacy to Canadians was a nation able to meet the challenges of the Cold War. He retired from politics but resumed his law career and died in 1973.

You can learn more about Louis St-Laurent by consulting the fonds with his name at Library and Archives Canada.

Sources:


Bruno Sauvagnat is a student archivist in the Science and Governance Private Archives Division at Library and Archives Canada.

A day in the life of a Reference Archivist

By Alix McEwen

I’ve always thought that, to be a good reference archivist at Library and Archives Canada (LAC), you need certain qualities. You need to have a solid knowledge of Canadian history and culture. You need to have an understanding of what is in LAC’s holdings, and how the records are collected organized. You must also enjoy working with people. However, it really helps if you are a lover of puzzles and are prepared to do some digging to help solve them.

A recent puzzle that came my way originated with a question from a former colleague about a copy of a particular document presumed to be a pre-Confederation Order-in-Council (OIC). He wanted to know if the federal Cabinet of the time had actually approved the OIC. The date scribbled in the margin of the document is “12 July 1856 OIC pp. 220-221 Vol. 10019.” Almost exactly the same reference information appears at the bottom of the document: LAC RG 10 vol. 10019 pp. 220-221. The subject of the text is the formation of the Indian Land Fund.

The copy of the record of pre-Confederation OICs is found in RG 1 E-8 (RG 1 = Records of the Executive Council of the Province of Canada). However, the LAC reference given is to a Department of Indian Affairs document (RG 10). A brief moment spent in our Archives Search database showed that the RG 10

volume 10019 corresponds to Matheson’s Blue Books, which did not provide evidence that this was an exact copy of an OIC.

Back to the first steps: I searched the indexes and registers of RG 1 E-7 volumes 72-93. These sources are available to help a researcher locate pre-Confederation OICs. The problem is they are handwritten and the writing is not easy to decipher. I looked for the following entries: Indian Land Fund, then Fund on its own, then Land on its own—but no luck.

On to the next steps: Google Books (yes, we do use Google!). A search there provided some confirmation that there was an OIC relating to Indian Affairs signed on the date in question. More importantly, it led me to an unpublished Indian Affairs research paper “The Indian Land Management Fund,” by David Shanahan. My colleagues in the LAC Aboriginal Archives section were able to provide me with a copy of this paper.

This was a turning point. In the introduction to this paper, Mr. Shanahan notes, “There is no satisfactory evidence that the fund was established by Order-in-Council as has been previously believed.” He then devotes a whole chapter to the origins of the Management Fund. Most important to me was the fact that there was indeed an OIC dated July 12, 1856; however, what it did was to set up the Pennefather Commission, tasked with discovering the “best mode of managing the Indian property.”

So, why could I not locate this OIC? This time I returned to the microfilm of the OICs themselves, not to the indexes and registers. As is the case with many of our unrestricted microfilm reels, access is much easier, now that they are digitized and available via Heritage. I found the section that covered the date in question, and was then able to turn from page to page before finally finding what I wanted. RG1 E 8 vol. 60 p. 443 12th July 1856 (reel H-1795)—that was my final reference. The OIC, indeed, did not set up the Indian Land Management Fund.

A microfilmed page with handwritten text from RG1 E 8 volume 60, page 443.

Order-in-Council dated 12th July 1856, RG1 E 8 volume 60 page 443 (microfilm reel H-1795)

I was still puzzled as to why I could not locate a reference to this OIC in the indexes and registers. Back I went, this time resolved to go slowly and start under the letter “I” for anything related to Indian. Before too long, I found my reward. The OIC was referenced in the index under “Indians, Civilization of”—an uncomfortable reminder that to search historical records you need to be aware of the terminology and attitudes of the time.

Do you have a puzzle that could use the attention of a problem-solving archivist or librarian? Submit your question in writing to us today.


Alix McEwen is a Reference Archivist in the Reference Services Division.

Pre-Confederation Official Publications: Journals of the Province of Canada (1841–1866)

By Sandra Bell

The year 2017 marked the sesquicentennial, the 150th anniversary of Canadian Confederation. As the nation celebrated this event, images of the Founding Fathers, the Constitution and Sir John A. Macdonald, Canada’s First Prime Minister, dominated the collective consciousness. Further away in memory was the path leading up to July 1, 1867: the Rebellion of 1837–1838, and the report of John George Lambton, Earl of Durham (Durham Report, Report on the Affairs of British North America), which recommended the union of the two Canadas.

To explore the period before Confederation often requires a retrospective examination of the forms of government that existed before that date. The Act of Union of 1840 created a single province by merging Upper and Lower Canada into the United Province of Canada, which lasted from 1841–1867, ending (?) with the British North America Act, which created Confederation. The pre-1841 political entities of Upper and Lower Canada then became the provinces of Ontario and Quebec, respectively.

The Province of Canada – 1841

The new Province of Canada brought some changes. The Legislative Assembly of the Province of Canada replaced the Upper and Lower Canada Houses of Assembly and the Legislative Council of the Province of Canada, 1841–1866, replaced the Legislative Councils of both Upper and Lower Canada. This brought about two new houses: the Legislative Assembly and the Legislative Council of the Province of Canada.

Both the elected Assembly and appointed Council of the new Province of Canada produced documents: debates, sessional papers, journals, votes and proceedings. These are all important research tools; however, this blog reviews only the journals of these houses.

What are House Journals?

  • They are the official records of the decisions and transactions of the legislature
  • They provide a record of the daily events of the legislature (minutes of a meeting) While the debates are verbatim, journals are a chronological summary; and, the journals include:
    • Addresses
    • Titles of and record of assent to bills
    • Proclamations which include the summoning and dissolution of parliament
    • Messages from the governor
    • Petitions to the assembly
    • Speech to the throne
    • Addresses in reply to the speech to the throne
    • Names of members
    • Information on committees

Journals are issued at the end of each session, with an index and appendices. Page numbering is continuous within each session.

Reports that are tabled or filed in the Legislature are titled Appendices, and later Sessional Papers. They are assigned letters of the alphabet and cover a diverse range of subjects, from Transportation, Immigration and Indigenous Peoples. Appendices were published separately up to the year 1859, after which date they were included with the Sessional Papers.

A typed page with the following title: Appendix to the Second Volume, Session 1842. After is a list of headings in the Appendix, alphabetically arranged.

Appendix to the Journals of the Legislative Assembly, 1842. Source: Héritage.

A printed page showing a list of all the appendices for 1842, for example, Welland Canal, Annual report of the Directors for 1841.

List of Appendices (List of Appendix), 1842. Source: Héritage.

If the date of an event is known, it can be located by accessing the journals for the corresponding session of the Legislative Assembly. If the date is not known, access to journal content is via the two-volume General Index to the Journals of the Legislative Assembly of Canada. This index provides subject access with the year of the session and page numbers of the topic in the body of the journal.

A typed cover page reading: General index to the Journals of the Legislative Assembly of Canada: in the 4th, 5th, 6th, 7th and 8th Parliaments, 1852–1866.

General Index to the Journals of the Legislative Assembly of Canada: in the 4th, 5th, 6th, 7th and 8th Parliaments, 1852–1866 by Alfred Todd, cover page. Source: Héritage.

A typed page of an alphabetically arranged index.

General index to the Journals of the Legislative Assembly of Canada: in the 4th, 5th, 6th, 7th and 8th Parliaments, 1852–1866 by Alfred Todd, page 209. Source: Héritage.

You can access the Appendices and Sessional Papers of the Legislative Assembly via Damphouse’s The Legislative Assembly of the Province of Canada: An Index (…)

Legislative Council (Upper Chamber)

The Journals of the Legislative Council follow the same format as those of the Legislative Assembly. The sessional journals have indexes and appendices. A cumulative index includes the indexes from the individual sessions.

The Council’s reports and appendices were published separately as Sessional Papers until 1866 when they were replaced by the Sessional Papers of the Dominion of Canada.

The cover page of the Journals of the Legislative Council of the Province of Canada.

Journals of the Legislative Council of the Province of Canada. First session of the first provincial Parliament, 1841, cover page. Source: Héritage.

The journals and appendices of the Legislative Assembly and the Legislative Council are available in English and French.

Many of the publications of the Province of Canada are available online in sources such as Early Canadiana Online. These documents also exist in alternative formats such as microfilm and microfiche, which are findable in the AMICUS online catalogue.

Additional Sources

The following publications provide additional information on the Province of Canada, its journals, appendices, sessional papers, and organization.

     Bishop, Olga B., 1911-. Publications of the government of the Province of Canada, 1841–1867. Ottawa: National Library of Canada = Bibliothèque nationale du Canada, 1963. AMICUS 1738026

This bibliography includes a list of departments with their publications. It complements the Appendices and Sessional Papers.

     Hardisty, Pamela. Publications of the Canadian Parliament: A Detailed Guide to the Dual-Media Edition of Canadian Parliamentary Proceedings and Sessional Papers, 1841–1970. Washington, D.C.: United States Historical Documents Institute, 1974. AMICUS 67351

Includes an analysis of parliamentary publishing and useful lists of legislatures and sessions, journals and appendices by session dates for both the Legislative Assembly and the Legislative Council, 1841–1866.

Should you need assistance in locating, retrieving or using the documents listed in this blog, please contact the LAC Reference Services.


Sandra Bell is a Reference Librarian in the Reference Services Division of Library and Archives Canada.

Library and Archives Canada releases its latest podcast episode, “Mackenzie King: Against his Will”

Library and Archives Canada is releasing its latest podcast episode, Mackenzie King: Against his Will.

Black-and-white image of William Lyon Mackenzie King sitting on his front porch.William Lyon Mackenzie King was Canada’s longest serving prime minister. He is also increasingly viewed as one of the greatest. However, King’s accomplishments are not restricted to the realm of politics. He was also a prolific correspondent and kept an ongoing, almost daily diary from 1893, until a few days before his death in 1950. In it, King not only wrote down meticulous accounts of his life in politics, but also included fascinating details from his private life.

On today’s episode, we talk with professor and author Christopher Dummitt, whose latest book details the history behind the diaries and how they became available for the world to read.

Subscribe to our podcast episodes using RSS, iTunes or Google Play, or just tune in at Podcast–Discover Library and Archives Canada: Your History, Your Documentary Heritage.

For more information, please contact us at bac.balados-podcasts.lac@canada.ca.

The beginning of the Conclusions: documenting the exercise of power

By Michael Dufresne

The recent addition of records to the Cabinet Conclusions database offers access to the attendance records, agenda and the minutes of Cabinet from 1977 to 1979. The minutes are not verbatim accounts of Cabinet meetings but provide excellent summaries of the discussions and various positions taken by Cabinet members. These newest records straddle both governments of Pierre Elliott Trudeau and the short-lived government of Joe Clark. They cap off the long preamble to the repatriation of the constitution and the advent of the Charter of Rights and Freedoms. They are an important part of the corporate memory of the federal government and reveal a range of subjects, preoccupations, concerns and opportunities confronting the most powerful institutions in our parliamentary system.

A pen-and-brush drawing depicting a man standing in a circus ring holding a whip and reading a book while a lion sitting on a raised platform looks over his shoulder.

Editorial cartoon by John Collins depicts Joe Clark as a lion tamer reading the book “How to Control Gov’t Spending,” published in The Gazette, Montreal, 1979. Copyright held by Library and Archives Canada (MIKAN 2863264)

We might take it for granted that a democratic state provides some measure of transparency for those wishing to know why and how a decision is made. Our democratic sensibilities might be offended to know that, while we could probably trace our democratic heritage to well before the 1940s, it was not until then that Cabinet kept an agenda and minutes of its deliberations. The lack of records documenting Cabinet deliberations can encourage an exaggerated sense of the power of the Prime Minister. “The story went around,” writes historian Michael Bliss in his book, Right Honourable Men: The Descent of Canadian Politics from Macdonald to Mulroney, “that when Bennett was seen mumbling to himself, he was holding a Cabinet meeting.” When there are no official records to document Cabinet’s discussions, who is going to contradict the memory of the Prime Minister?

From 1867 to 1940, a succession of six men served as Clerk of the Privy Council; their duties reflected the comparatively modest role of the state in Canadian society before the Second World War. But with the appointment in 1940 of Arnold Danforth Patrick Heeney, things were clearly changing. Heeney became the seventh Clerk of the Privy Council since Confederation and the country’s first Secretary to the Cabinet.

Upon his arrival in Ottawa, he was surprised by the informal ways in which important business was conducted. “I found it shattering to discover,” Heeney writes in his autobiography, The Things that are Caesar’s, “that the highest committee in the land conducted its business in such a disorderly fashion that it employed no agenda and no minutes were taken. The more I learned about Cabinet practices, the more difficult it was for me to understand how such a regime could function at all.”

Changes to the Privy Council Office (PCO) were inspired by reforms to the United Kingdom’s Privy Council in 1916 by Sir Maurice Hankey. The changes were, in part, an acknowledgment of the growing demands on modern government. Possible changes had been discussed for several years, but nothing had been done. Why then did they occur in 1940? The challenges of governing while prosecuting the Second World War demanded changes to how government organized and documented its deliberations and actions. Order-in-Council PC 1121 of March 25, 1940 heralded the beginning of the modern PCO. It read, in part:

“The great increase in the work of the Cabinet … has rendered it necessary to make provision for the performance of additional duties of a secretarial nature relating principally to the collecting and putting into shape of agenda of Cabinet meetings, providing of information and material necessary for the deliberations of the Cabinet and the drawing up of records of the results, for communication to the departments concerned … ”

Order-in-Council PC 1940-1121 ushered in a significant change in the universe of government information, but it was not until 1944 that the formal Cabinet Conclusions were created and preserved. In the absence of these official records, researchers have to look to Prime Ministers’ personal papers to perhaps discover some form of documentation of Cabinet meetings.

The Cabinet Conclusions have practical value for the administration of the state and democratic significance for the insight and transparency they make possible. More than mere instruments of modern bureaucracy, they offer an inside look at the deliberations, discussions, debates and decision making of the federal government’s most powerful politicians and, to a degree, the high-ranking bureaucrats who serve them. Library and Archives Canada’s acquisition and preservation of these records along with the access it helps facilitate, provide a revealing window into the workings of our democratic state.

The latest additions to the database close out the 1970s, and will inspire new insights into the history of Canada, and about the federal government, particularly those entrusted with its leadership. Researchers can search the Cabinet Conclusions by keyword (one of their own choosing or one from a list of keywords capturing a handful of major issues confronting the government in each year), dates, agenda and records of attendance. The Conclusions offer more than documentary evidence of government deliberations and decision making; they are a means of discovering other Cabinet documents. In other words, the Conclusions can offer you the answers to complete your search, but they can also act as the beginning of your search for more and better answers. In addition, the Conclusions are a means of discovering related Cabinet documents, which may include backgrounders and Cabinet memoranda that informed discussions around the Cabinet table. Those records are not digitized and are not available in the database. However, researchers will find references to those Cabinet documents in the Conclusions—and once the number of a document is known, it can be searched using the year it was created and the finding aid 2-15 to locate it.

See the Cabinet Conclusions database for more detailed instructions on search options.

Related resources


Michael Dufresne is an archivist in the Government Archives Division of the Archives Branch at Library and Archives Canada.

A diplomat, a Prime Minister, and a scholar: remembering Lester B. Pearson

By Mariam Lafrenie

It goes without saying that the Right Honourable Lester B. Pearson achieved much in his life. Whether you look at his success politically, academically or even athletically—Pearson always excelled. Although Pearson served as Canada’s 19th prime minister, his legacy and indeed his influence began long before his prime ministership: as chairman of the NATO council (1951), as President of the United Nations General Assembly (1952), and as a Nobel Peace prizewinner (1957).

“Nevertheless, [Pearson’s] five-year legacy is very impressive: a new flag, the Canada Pension Plan, universal medicare, a new immigration act, a fund for rural economic development, and the Royal Commission on Bilingualism and Biculturalism which led to the foundation of a bilingual civil service.”

Excerpt from First Among Equals

A black-and-white photograph of a formally dressed couple. The man is holding a box with a medallion.

Lester B. Pearson and his wife, Maryon at the Nobel Peace Prize Award Ceremony, Oslo, Norway, December 1957. Photograph by Duncan Cameron (MIKAN 3209893)

A black-and-white photograph of a man standing up and addressing a room of people.

Lester B. Pearson, at the United Nations Conference on International Organization, San Francisco, Calif., USA, 1945 (MIKAN 3193176)

Rising quickly through the ranks and moving from one portfolio to another, Pearson proved himself a worthy and talented diplomat. After a 20-year career in External Affairs, his success did not end there, but followed him throughout the next decade as leader of the Liberal Party (1958-1968). Without a doubt, some of his most exciting—if not his most significant achievements—came during his time as Prime Minister.

A flag for Canada

The quest for a Canadian flag—one that represented everything that Canada had become in the last century and all that Pearson hoped it could become—was fraught with bitter debate and controversy. Indeed, as many may recall, “The Great Flag Debate” raged for the better part of 1964 and saw the submission of approximately 3,000 designs by Canadians young and old.

“Under this flag may our youth find new inspiration for loyalty to Canada; for a patriotism based not on any mean or narrow nationalism, but on the deep and equal pride that all Canadians will feel for every part of this good land.”

Address on the inauguration of the National Flag of Canada, February 15, 1965

These words, spoken by Lester B. Pearson during the inaugural ceremony of the Red Maple Leaf flag on February 15, 1965 at Parliament Hill, highlight precisely what he aspired to achieve—a uniquely Canadian identity. Few prime ministers can attest to leaving a legacy so great as to have forged an entirely new cultural symbol for their country.

A black-and-white photograph of a man holding an illustration of the Canadian flag.

Lester B. Pearson’s press conference regarding the new flag, December 1964. Photograph by Duncan Cameron (MIKAN 3199509)

A year of celebration

Not only was Pearson responsible for championing a new Canadian flag, but he was also lucky enough to remain in office during Canada’s centennial year. In his Dominion Day speech on July 1, 1967, Pearson called on Canadians to celebrate their past and their achievements, but also encouraged them to think of the future and of the legacy that they could leave for the next generation of Canadians. Much like this year, when we celebrated Canada’s 150th anniversary of Confederation and were encouraged to think of our future as a nation, 1967 was also a year filled with celebrations.

The aim of the centennial celebrations were twofold: to create memorable events and activities for all Canadians and to create a tangible legacy that current and future generations could enjoy. In fact, both the provincial and federal governments encouraged Canadians to celebrate by creating their own centennial projects—films, parades and festivals, tattoos, recreation centres, stadiums, etc.—and agreed to match their spending. One of the most memorable celebrations was that of the 1967 International and Universal Exposition or Expo 67, as it was nicknamed. Open from April 27 to October 29, Expo 67 is considered one of the most successful World’s Fairs and one of Canada’s landmark moments.

A colour photograph of a group of men standing in front of an enlarged map of New France.

Expo 67’s opening day with its General Commissioner Pierre Dupuy, Governor General of Canada Roland Michener, Prime Minister of Canada Lester Bowles Pearson, Premier of Québec Daniel Johnson and Mayor of Montréal Jean Drapeau (MIKAN 3198338)

For many Canadians, 1967 characterized the peak of nostalgia and indeed a year filled with optimism. With this optimism and increased governmental spending, Pearson’s popularity boomed and further solidified his accomplishments as prime minister and widespread support for the Liberal Party amongst Canadians.

Conclusion

Forty-five years ago, on December 27, 1972, after a long and successful political career, Lester B. Pearson passed away. His passing struck a chord with many Canadians as more than 1,200 people attended his funeral service to pay their last respects. Pearson’s legacy and indeed his name are still present today in the numerous awards and buildings named in his honour. Paving the way for what many Canadians and the international community alike have come to love about Canada, Pearson can be said to have shaped and indeed laid the foundation for the Canada we know today.

A black-and-white photo of man standing under an interesting architectural building.

Prime Minister of Canada Lester Bowles Pearson in front of the Katimavik at Expo 67 (MIKAN 3198467)

The Lester B. Pearson fonds preserved by Library and Archives Canada consists of 435.71 meters of textual records, over 3,500 photographs, 315 audio recordings on various formats, 3 films totalling 47 minutes, 54 items of documentary art, and 98 medals.

Related links


Mariam Lafrenie is an undergraduate student research fellow from Queen’s University who worked in the Private Archives Branch at Library and Archives Canada during the summer of 2017.

The beginning of Canada: Through the eyes of Lady Susan Macdonald

By Ayla Maud

“Behind every great man, is a great woman.” Or at least that is how the old saying goes. But how often do we get the opportunity to really know these great women? We see them standing next to their successful partners, but do we ever know what they contribute behind the scenes? This summer Library and Archives Canada created an opportunity to get into the mind of one great woman in particular—Lady Susan Agnes Macdonald (née Susan Agnes Bernard).

Susan Bernard married Sir John Alexander Macdonald, first Prime Minister of Canada (or the Dominion of Canada, as it was known at the time), in 1867. Five days after Sir Macdonald’s inauguration, his wife began documenting their new life. The very diary Susan Macdonald used was digitized this summer, in commemoration of Canada’s 150th anniversary, and made available online for the public to transcribe. In addition to providing a behind-the-scenes look at what it was like to take on an elite title, Lady Macdonald shares some of her insights into how the Dominion of Canada was formed. She gives a first-hand account of key historical moments that many of us have since learned about in school.

A journal entry written in cursive with ink.

A hand-written page showing the first entry in Lady Susan Macdonald’s diary, dated Friday, July 5, 1867 (MIKAN 122166)

One of the first things we notice as Lady Macdonald begins to share her thoughts and experiences is the love she had for her husband. Multiple entries gush about Sir John’s patience, love and ability to always put his best foot forward. Susan Macdonald was a strong supporter of her husband, in terms of both his career and character. Her love led her to join him on many confederate-related work missions, socials, voyages and more.

A black-and-white photograph of a woman who is looking slightly off to the left. Her hair is parted down the center, tied back away from her face, and she is wearing an off-the-shoulder evening dress.

Macdonald of Earnscliffe, Agnes Macdonald, Baroness. Photographed by William Topley, September 1873 (MIKAN 3194713)

Due to her strong interest in her husband’s political life, Susan Macdonald was able to witness multiple events that are taught as pivotal points in many history classes today. One example is a series of entries that follows the assassination of Thomas D’Arcy McGee, Father of Confederation, and the subsequent trial. Lady Susan’s writing gives insight into the details of McGee’s death (for instance, that he was killed while unlocking his front door after coming home one night), the thinking among the populace at the time, and the process of collecting evidence against suspected killer Patrick Whelan.

Susan Agnes Macdonald’s diary gives readers the opportunity to time-travel back to the late 1860s and bear witness (although from one person’s perspective) to a segment of early Canadian society. It was not just by sharing public opinion regarding specific events that Lady Macdonald painted an image of her life for future generations to discover; it was also in the way she described Ottawa at each time of the year, enabling us to compare it to the city we know today. She shares details of meals eaten and customs followed, some of which may be very different from current practices. The theme of religious faith recurs often throughout Susan Macdonald’s pages. Whether she was writing about going to a church service or documenting prayers she hoped would be answered, every few entries highlight moments in her and her husband’s spiritual lives.

A watercolour painting depicts an orange sailboat in the water near a beach. There are slight waves along the shore. Behind the sailboat is a cliff that descends into a valley. The painting uses a palette of orange, brown, green and blue.

A watercolour painted by Lady Susan Macdonald, undated (MIKAN 161120)

It is possible to relate to some of Lady Macdonald’s diary entries describing the stresses of her new responsibilities as the Prime Minister’s wife. Just as you or I might experience the pressures of a new chapter in our lives, she describes being nervous or fearful that she does not know what she is doing. At one point, she describes herself as “a novice” in her new life.

A black-and-white photograph of a woman wearing a long, dark-coloured dress. Her hair is white and is pulled back into a bun.

Macdonald of Earnscliffe, Agnes Macdonald, Baroness, photograph taken by William Topley, undated (MIKAN 3192012)

The transcription of Lady Susan Agnes Macdonald’s diaries is now complete, but the digitized diary is still available online. It gives insight into not only the type of woman Mrs. Macdonald was, but also the type of world Canada was as it first began.


Ayla Maud is a student archival assistant with Regional Services and the ATIP Division of the Public Services Branch at Library and Archives Canada.