Рабство в Канаде: История и особенности

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Slavery in Canada includes historical practices of enslavement practised by both the First Nations until the 19th century, and by colonists during the period of European colonization. The practice of slavery in Canada effectively ended early in the 19th century, through local statutes and court decisions resulting from litigation on behalf of enslaved people seeking manumission. The courts, to varying degrees, rendered slavery unenforceable in both Lower Canada and Nova Scotia. In Lower Canada, for example, after court decisions in the late 1790s, the "slave could not be compelled to serve longer than he would, and might leave his master at will." Upper Canada passed the Act Against Slavery in 1793, one of the earliest anti slavery acts in the world. These developments in Canada preceded Britain's decision to ban slavery through most of the British Empire by passing the Slavery Abolition Act 1833. As slavery in the United States continued until the passage of the Thirteenth Amendment in 1865, black people (free and enslaved) began immigrating to Canada from the United States after the American Revolution and again after the War of 1812, and later many by way of the Underground Railroad. Because Canada's role in the Atlantic slave trade was comparatively limited, the history of Black slavery in Canada is often overshadowed by the more tumultuous slavery practised elsewhere in the Americas.

Slave owning people of what became Canada were, for example, the fishing societies such as the Yurok, that lived along the Pacific coast from Alaska to California, on what is sometimes described as the Pacific or Northern Northwest Coast. Some of the indigenous peoples of the Pacific Northwest Coast, such as the Haida and Tlingit, were traditionally known as fierce warriors and slave traders, raiding as far as California. Slavery was hereditary, the slaves being prisoners of war and their descendants were slaves. Some nations in British Columbia continued to segregate and ostracize the descendants of slaves as late as the 1970s. One slave narrative was composed by an Englishman, John R. Jewitt. He had been taken alive when his ship was captured in 1802 by the Nuu chah nulth people due to the ship's captain having insulted their chief, Maquinna, and other slights inflicted against their people by other American and European captains. Jewitt's memoir provides a detailed look at life as a slave.

The historian Marcel Trudel estimates that there were fewer than 4,200 slaves in the area of Canada (New France) and later the Canadas between 1671 and 1831. Around two thirds of these slaves were of Indigenous ancestry
(2,700 typically called panis, from the French term for Pawnee) and one third were of African descent (1,443). The number of Black slaves increased during British rule, especially with the arrival of United Empire Loyalists after 1783. The Maritimes saw 1,200 to 2,000 slaves arrive prior to abolition, with 300 accounted for in Lower Canada, and between 500 and 700 in Upper Canada. People of African descent were forcibly captured by local chiefs and kings as chattel slaves and sold to traders bound for southern areas of the Americas. Those in what is now called Canada typically came from the American colonies, as no shiploads of human chattel went to Canada directly from Africa. There were no large plantations in Canada, and therefore no demand for a large slave work force of the sort that existed in most European colonies in the Americas.

In Lower Canada, Sir James Monk, the Chief Justice, rendered a series of decisions in the late 1790s that undermined the ability to compel slaves to serve their masters; while "not technically abolishing slavery, [they] rendered it innocuous. The slave could not be
compelled to serve longer than he would, and might leave his master at will." After declaring from the bench that slavery had 'unsupported in law,' he thereafter 'systematically dismissed all suits by owners against runaway slaves.' Although the legislature was petitioned several times to enact legislation clarifying the property rights of slaveholders and their protection (i. e. imprisonment of slaves), there was insufficient appetite to either abolish slavery outright or enforce slavery. "As Lower Canada passed no legislation on the matter, the extradition of fugitives was made impossible and Canada became therefore an asylum for the oppressed." As a result, slaves began to flee their masters within the province, but also from other provinces and from the United States. This occurred several years before the legislature acted in Upper Canada to limit slavery. Some blacks arrived in Nova Scotia as the property of white American Loyalists. In 1772, prior to the American Revolution, Britain outlawed the slave trade in the British Isles followed by the Knight v. Wedderburn decision in Scotland in 1778. This decision, in turn, influenced the colony of Nova Scotia. In 1788, abolitionist James Drummond MacGregor from Pictou published the first anti slavery literature in Canada and began purchasing slaves' freedom and chastising his colleagues in the Presbyterian church who owned slaves. Historian Alan Wilson describes the document as "a landmark on the road to personal freedom in province and country". Historian Robin Winks writes it is "the sharpest attack to come from a Canadian pen even into the 1840s; he had also brought about a public debate which soon reached the courts". (Abolitionist lawyer Benjamin Kent was buried in Halifax in 1788.) In 1790 John Burbidge freed his slaves. Led by Richard John Uniacke, in 1787, 1789 and again on 11 January 1808 the Nova Scotian legislature refused to legalize slavery. Two chief justices, Thomas Andrew Lumisden Strange (1790–1796) and Sampson Salter Blowers (1797–1832), were instrumental in freeing slaves from their owners in Nova Scotia. They were held in high regard in the colony. Justice Alexander Croke (1801–1815) also impounded American slave ships during this time period (the most famous being the Liverpool Packet). During the war, Nova Scotian Sir William Winniett served as a crew on board HMS Tonnant in the effort to free slaves from America. (As the Governor of the Gold Coast, Winniett would later also work to end the slave trade in Western Africa.) By the end of the War of 1812 and the arrival of the Black Refugees, there were few slaves left in Nova Scotia. (The Slave Trade Act outlawed the slave trade in the British Empire in 1807 and the Slavery Abolition Act of 1833 outlawed slavery altogether.) The Sierra Leone Company was established to relocate groups of formerly enslaved Africans, nearly 1,200 black Nova Scotians, most of whom had escaped enslavement in the United States. Given the coastal environment of Nova Scotia, many had died from the harsh winters. They created a settlement in the existing colony in Sierra Leone (already established to make a home for the "poor blacks" of London) at Freetown in 1792. Many of the "black poor" included other African and Asian inhabitants of London. The Freetown settlement was joined, particularly after 1834, by other groups of freed Africans and became the first African American haven in Africa for formerly enslaved Africans.

By 1790, the abolition movement was gaining credence in Canada and the ill intent of slavery was evidenced by an incident involving a slave woman being violently abused by her slave owner on her way to being sold in the United States. In 1793, Chloe Cooley, in an act of defiance yelled out screams of resistance. The abuse committed by her slave owner and her violent resistance was witnessed by Peter Martin and William Grisely. Peter Martin, a former slave, brought the incident to the attention of Lieutenant Governor John Graves Simcoe. Under the auspices of Simcoe, the Act Against Slavery of 1793 was legislated. The elected members of the executive council, many of whom were merchants or farmers who depended on slave labour, saw no need for emancipation. Attorney General John White later wrote that there was "much opposition but little argument" to his measure. Finally the Assembly passed the Act Against Slavery that legislated the gradual abolition of slavery: no slaves could be imported; slaves already in the province would remain enslaved until death, no new slaves could be brought into Upper Canada, and children born to female slaves would be slaves but must be freed at age 25. To discourage manumission, the Act required the master to provide security that the former slave would not become a public charge. The compromise Act Against Slavery stands as the only attempt by any Ontario legislature to act against slavery. This legal rule ensured the eventual end of slavery in Upper Canada, although as it diminished the sale value of slaves within the province it also resulted in slaves being sold to the United States. In 1798 there was an attempt by lobby groups to rectify the legislation and import more slaves. Slaves discovered they could gain freedom by escaping to Ohio and Michigan in the United States. By 1800, the other provinces of British North America had effectively limited slavery through court decisions requiring the strictest proof of ownership, which was rarely available. In 1819, John Robinson, Attorney General of Upper Canada, declared that by residing in Canada, black residents were set free, and that Canadian courts would protect their freedom. Slavery remained legal, however, until the British Parliament's Slavery Abolition Act finally abolished slavery in most parts of the British Empire effective 1 August 1834.

The ratifying of the Slavery Convention by Canada in 1953 began the country's international commitments to address modern slavery. Human trafficking in Canada is a legal and political issue, and Canadian legislators have been criticized for having failed to deal with the problem in a more systematic way. British Columbia's Office to Combat Trafficking in Persons formed in 2007, making British Columbia the first province of Canada to address human trafficking in a formal manner. The biggest human trafficking case in Canadian history surrounded the dismantling of the Domotor Kolompar criminal organization. On June 6, 2012, the Government of Canada established the National Action Plan to Combat Human Trafficking in order to oppose human trafficking. The Human Trafficking Taskforce was established in June 2012 to replace the Interdepartmental Working Group on Trafficking in Persons as the body responsible for the development of public policy related to human trafficking in Canada. One current and highly publicized instance is the vast disappearances of Aboriginal women which has been linked to human trafficking by some sources. Former Prime Minister Stephen Harper had been reluctant to tackle the issue on the grounds that it is not a "sociological issue" and declined to create a national inquiry into the issue counter to United Nations and Inter American Commission on Human Rights' opinions that the issue is significant and in need of higher inquiry.