History on Appeal: Originalism and Evidence in the Comeau Case

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This essay is being jointly posted today with Acadiensis and Borealia.

By Bradley Miller

The Supreme Court declined this month to radically change the way that Canada works. In R v Comeau, lawyers for a New Brunswick man ticketed for bringing too many bottles of beer into the province from Quebec urged the justices to use the history of the Canadian federation to improve its future, at least as they saw it. They asked the court to find in section 121 of the Constitution Act 1867– a long-ignored little provision that says that the products of each province shall be “admitted free” into each of the others – a right to largely-unfettered free trade between provinces, a move that would put at risk a vast array of regulatory schemes that in one way or another end up limiting or burdening the flow of goods across Canada, such as the beer that the RCMP hauled out of Gerald Comeau’s car after he was pulled over in October 2012.

Many people loathe the kinds of restrictions and regulations that might have been killed by Comeau, and there’s lots of evidence that they massively hike costs on consumers and badly damage Canadian productivity. So the notion that the constitution could bridge the boundaries that are too often created by provincial laws and that the justices could find a right to economic liberty in the way that they’ve laudably found rights to so many other pieces of modern Canada was dazzlingly tempting to many of our brightest commentators and public policy thinkers.

The case drew even more attention because of the role of history and historians in the litigation: elements of the pro-free trade argument entailed an originalist analysis, a technique which is often a tool of social conservatives seeking to squash rights for women, LGBT people, and others, and very uncommon in Canadian constitutional cases. In the telling of Comeau’s lawyers, free trade wasn’t a new right at all, but rather the recognition of one that had been there since the Fathers of Confederation and Britain’s legislative draftsman finalized the British North America Actin 1867. They backed this point up in the New Brunswick trial and the Supreme Court appeal using the Confederation debates of the 1860’s, the expert testimony of a Canadian historian on nineteenth-century trade and the intentions of the BNA Act’s framers, as well a secret 1924 letter describing a clandestine meeting between judges and politicians that purportedly delegitimized a foundational precedent on section 121. Their case, in other words, was that the court should restore a key plank of the original Confederation deal. Continue reading →

Love and Sadness for the Post-Secondary Educational System

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Mary-Ann Shantz

A recent episode of CBC radio’s Sunday Edition highlighted the exodus of PhD graduates from academia and enumerated some of the many reasons for this phenomenon. The story prompted a flood of responses from other former graduate students and junior academics (“Life After Academia: Your Stories”). Recent blogposts such as, “Why So Many Academics Quit and Tell,” are increasingly common and widely circulated among my peers on social media. On many levels I relate to the sentiments shared in these posts. I particularly related to PhD graduate Elise Thorburn’s response to the Sunday Edition documentary: “As an academic, a lot of your identity is wrapped up in your work and the successes you obtain. Realizing that despite a lengthy CV of academic success there just might not be a place for you, can really shatter your whole sense of who you are and your self-worth.”

The academic life is psychologically demanding. I think this is why I feel a strong affinity to both writers and Olympic athletes, who spend so much of their time toiling day in and day out with little recognition or tangible reward. Life as a precarious academic takes this to another level (“The Neurotic Academic: How Anxiety Fuels Casualized Academic Work”). I understand and respect scholars who decide that this life is not for them.

And yet, I do not want to give up on academia. Continue reading →

History Slam Episode 115: The Oslo Diaries

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By Sean Graham

The Oslo Diaries has is Canadian Premiere during Hot Docs in Toronto. The first screening will be Tuesday May 1 at 9pm at TIFF Bell Lightbox 1, with a second on Wednesday May 2 at 12:30pm at the Isabel Bader Theatre.

In the early 1990s, increasing violence and bloodshed continued to deteriorate the already tense relations between the Israelis and Palestinians. Officially, neither side recognized the other’s leadership as legitimate – the Israeli government classified the Palestine Liberation Organization (PLO) as a terrorist organization while the PLO did not recognize the State of Israel. In that environment, each side demonized the other, creating an atmosphere where distrust and suspicion compromised any efforts towards peace.

In 1992, however, negotiators from each side secretly met in Oslo, Norway. These meetings, which had to be secret as it was illegal to be speaking to each other, changed the Middle East. Chronicled only by the negotiators’ diaries, they opened the process that ultimately led to Oslo Accords, a series of agreements between the two sides.

These meetings and the efforts to implement the Oslo Accords are the subject of the new documentary The Oslo Diaries. The film combines the written record from negotiators on both side with re-creations of the meetings to take the viewer behind-the-scenes of an incredibly  contentious, yet hopeful, moment in Israeli-Palestinian relations.

The film also uses interviews with key players in the story, including the last on camera conversation with former Israel president Shimon Peres. Moving seamlessly between archival footage, re-creations, and contemporary interviews, the film immerses the viewer in a story that is simultaneously about the past and the future.

With the relationship between the two sides continuing to deteriorate, the film speaks to modern concerns just as much as it does about the 1990s. In documenting the highs and lows of the negotiations, The Oslo Diaries poignantly demonstrates the fragility of peace and the high cost of failing to preserve that peace.

In this episode of the History Slam, I talk with Daniel Sivan, one of the film’s directors. We talk about the history of Israeli-Palestinian relations, the motivation to make the film, and the use of re-creations. We also talk about the Oslo accords, de-humanization in conflict, and the region’s future prospects for peace.

Continue reading →

Podcast: Irish Nationalisms and Canadian Confederation

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On April 22, 2017, David Wilson delivered his talk “Irish Nationalisms and Canadian Confederation.” The talk was part of “The Other 60s: A Decade that Shaped Canada and the World,” a symposium hosted by the Department of History at the University of Toronto as part of its Canada 150 events.

This talk is part of our History Chats podcast series. You can subscribe to the History Chats feed wherever you get your podcasts.

A Triptych of Thoughts on the Knowledge of Land/T’sing ninaagaadek ezhi naanaagdoowendming wih kendmauzihwin zhi weh ‘kiing

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Nunda ezhibiigaadegin d’goh biigaadehknown ezhi debaahdedek nungwa manda neebing Mnidoo Mnising Neebing gah Bizh’ezhiwaybuck zhaazhi  gonda behbaandih kenjih’gehjik.

This essay is part of an ongoing series reflecting on this summer’s Manitoulin Island Summer Historical Institute (MISHI).

By Benjamin J. Kapron

In her book, Pathways for Remembering and Recognizing Indigenous Thought in Education, Sandra Styres writes about how conceptualizations of ‘space’ differ from conceptualizations of ‘place.’

[S]pace is a continuous area or expanse which is free, available, or unoccupied… [whereas place is] a particular position, point, or area in space?a linear and general perspective, particularly as it relates to time… Space, then, is an empty generality; however, place is particular, it is storied, it is experienced (Styres 45-47).

Such a distinction draws attention to the significance of particularity in the 2017 Manitoulin Island Summer Historical Institute’s (MISHI) guiding question: “does wisdom sit in places?” Instead of an abstract inquiry into relations between location and knowledge, this question called me, and all of MISHI’s participants, to engage with the wisdom that sits in Manitoulin in particular.

Moreover, according to Styres, Indigenous understandings of Land, or Iethi’nihsténha Ohwentsia’kékha[1] in Kanien’kehá:ka (Mohawk), go even deeper than understandings of place:

Iethi’nihsténha Ohwentsia’kékha embodies principles, philosophies, and ontologies that transcend the material construct of place. With this understanding in mind, Land is spiritual, emotional, and relational; Land is experiential; Land is conscious?Land is a fundamental living being (47; Styres’ italics).

Such understandings of Land call for more deeply developed relations with Manitoulin, likely deeper than would be possible over the one week of MISHI, though perhaps MISHI might serve as a starting place for prefiguring processes for engaging with Land, building relations with Land, and learning with Land. Continue reading →

History Slam Episode 114: The Silence of Others

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By Sean Graham

The Silence of Others tells the story of the struggle for justice in Spain following the dictatorship of Francisco Franco.

The Silence of Others has its North American premiere on Friday April 27 at 6:30pm at TIFF Bell Lightbox 2 in Toronto. It is also being shown on Saturday April 28 at 12:30pm at TIFF Bell LIghtbox 3. The directors and individuals featured in the film will be at both these showings and available for discussion and questions. There is a third showing on Saturday May 5 at 11:45am at Scotiabank Theatre, Cinema 3. A wide Canadian release is also planned.

On November 20, 1975, Francisco Franco died, ending his nearly 40 year rule of Spain. While his death marked the end of his dictatorship, it also started the long process of coming to terms with the violence and suppression that marked those years. To address this, the Spanish government passed an amnesty law in 1977. The law not only provided amnesty to those who had been imprisoned for political reasons, but also those who had been part of the ruling party.

As a result, those who had perpetrated violence, including murder, throughout the Franco years would never be brought to justice. The overarching motivation for the amnesty law was that the country needed to forget what happened in order to overcome the political and social divides forged over the previous 40 years. ‘Why rehash the past?’ people would ask. ‘Just forget about it and move on.’

For the victims and their families, however, simply forgetting and moving on was not an option. Those who had been tortured for their political views or had loved ones murdered by a repressive regime were subjected a new form of suppression. Not willing to accept this, however, a dedicated group started to challenge the law and in using universal justice, a court in Argentina decided to hear their stories.

The movement and the subsequent lawsuit is the subject of the new documentary The Silence of Others. Following survivors and family members of those murdered by the regime, it tells a powerful story. It follows the highs and lows of fighting a battle through the courts in a country where a sizable percentage of the population has no desire to litigate the past. The raw emotion of those profiled, however, highlights the need to understand and remember what happened.

While the film is about Spain, it contains many universal truths. Similar stories where marginalized individuals struggle for recognition and justice could be told in pretty much every country around the world. The Silence of Others, therefore, has a message that will resonate with audiences far beyond Spanish borders.

Continue reading →

Reflecting on Critical Making in Digital History: The #hist3812 Experience, Part Two

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Editors Note: This is the second post in a two-part post exploring a digital history course taught at Carleton University in Winter 2018. Part one explains the premise behind #hist3812.

Anderson, E., Bitar, M., Burgstaller, M., Ellerington, S., Grunksy, K., Lee, J., Mawko, A., Petrie, E., Rashid, A., Saravia, K. A., Weymann, R., and Graham, S.

In part one, Graham explained the rationale and unfurling of HIST3812, Critical Making in Digital History. At the end of the course, he invited the students to craft a collaboratively written ‘exit ticket’ that explored their understanding of what the course accomplished. This exit ticket was not graded, although the students could incorporate it into their end-of-term portfolio of work.

The exit ticket was written on the final day of class (a 1.5 hr block of time) through a student-directed discussion and division of labour on an open Google document. Graham prepared the shell of the document before hand with suggested headers (which the students left largely intact). Graham observed the discussion, but periodically left the classroom, so that the students could discuss issues openly without him. 

The Exit Ticket

What We Were Supposed to Learn

The first thing that we were supposed to learn in the course was how the medium being changed can alter someone’s perception of history and alter how artefacts are thought about. 

The second facet of the course was on the contextualization of history. This means that understanding how historical narratives can present different meanings, and the need to question the impact of changing things from physical to digital.

The third thing we were supposed to learn was how to recognize when an artefact is changed or remixed, either intentionally or accidentally, to fit narratives.  Lastly, we were also supposed to learn how authority of original objects can change, as they change from physical to digital and vice versa.  

What we Actually Learned

We learned about the concept of “productive failure”, the way in which we could draw lessons for future projects out of the failures of the present one. We used new technologies to construct different historical perspectives and engage the historical perspectives of others. In this, we gained a better understanding of working in groups towards specific goals, sharing knowledge and specific technical information.

We learned to critically interrogate our own historical perspectives – to ask ourselves what is and what isn’t being said in our projects. We had the opportunity to closely inspect our work methods and outcomes. Not only did we learn to make use of new digital technologies to explore history, we also learned about methods of investigating the digital as historical – such as examining digital preservation from a historical perspective, noting when things break or become “obsolete” and why. Continue reading →

Reflecting on Critical Making in Digital History: The #hist3812 Experience, Part One

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Editors Note: This is the first post in a two-part post exploring a digital history course taught at Carleton University in Winter 2018.  

Anderson, E., Bitar, M., Burgstaller, M., Ellerington, S., Grunksy, K., Lee, J., Mawko, A., Petrie, E., Rashid, A., Saravia, K. A., Weymann, R., and Graham, S.

What happens to history as it gets digitized? That is, what does history look like, what happens to our materials, and the stories we tell or the questions we ask, as we abstract further and further away from ‘In Real Life’? What does ‘digital history’ really mean?

These were the questions with which HIST3812/DIGH3812 began. This class was a cross-listed History and Digital Humanities course at Carleton University in the Winter 2018 term. The course website may be found at https://shawngraham.github.io/hist3812w18/ and the course FAQ at https://github.com/shawngraham/hist3812w18/wiki/FAQ .

The question is: was it successful? What were its productive failures, its glorious accidents? Did we actually learn anything, and if so, what? Finally, are there lessons for other instructors in our experience?

The connective tissue in the course was a series of modules that built on the previous module; each module was built around a further abstraction of digitized data from the real world.

  • Module 1 was built around ‘scanning’ a physical object and constructing a 3d model from it.
  • Module 2 involved remixing that digital data with other kinds of digital data.
  • Module 3 translated the digital artefact into an immersive environment.
  • Module 4 returned the digital artefact to the real world via 3d printing or augmented reality.

Often in digital history classes we deal with self-evidently digitized historical materials: OCR’d newspapers and old photographs for instance. Graham sought to make the digital unfamiliar so that when the process or software or digital artefact broke, the breakages would reveal assumptions about working with digitized materials (see Croxall and Warnick in ‘Digital Pedagogy in the Humanities’ on a ‘failure as epistemology‘) Continue reading →

In Pursuit of Excellence: The Importance of Mentorship in Academia

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Fence with a sign saying 'This Way' with an arrow

Photo by Jamie Templeton on Unsplash

Katrina Ackerman

As the winter semester comes to an end and students prepare to enter graduate programs in September, I have thought a lot about the students who turned to me as a mentor and the ways in which professors helped students from lower socioeconomic groups, like me, navigate academia. In the current academic market, mentors should prepare their students for a non-academic career, and this is increasingly important for lower class students who rely on loans to fund their education.

As my SSHRC postdoctoral fellowship came to an end in November 2017, I reflected on the professors who shaped me as a scholar. I remember the day my professor, Deanne Schultz from Vancouver Island University, planted the kernel that I could strive for a graduate level education. Coming from a working class background, obtaining an undergraduate education was my goal and I had not considered teaching beyond secondary schools. Although I always wanted to be a modern-day Anne Shirley, I never considered a career in university teaching.

Fortunately, my history professors at Vancouver Island University informed me of the SSHRC Joseph-Armand Bombardier Canada Graduate Scholarships Program Master’s Scholarships, which paved the way for my graduate education. Unlike many graduate students from working class backgrounds, I received sufficient financial support throughout my graduate education to conduct my research and complete my theses.[1] However, where I attended school was always determined by financial support. Rather than attending universities in major cities where the cost of living was higher, I always looked to smaller universities that had lower rent and tuition. Because of significant advice from mentors and my good fortune of receiving SSHRC funding, I avoided having to take out loans to complete my graduate education, unlike many graduate students from working and lower class backgrounds.[2]

In addition to financial considerations, where I attended school was also largely influenced by the reputation of the supervisor. Continue reading →

Open Pedagogy: The Time is Now

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By Thomas Peace

I’ve been a rather slow convert to the open-access movement. Though ActiveHistory.ca operates under a Creative Commons Attribution, non-commercial ShareALike copyright license whereby you’re free to repost this (or any other essay you find here) so long as you provide us with attribution and do not profit, this was my sole venture into the world of open access.

OER Global Logo by Jonathas Mello is licensed under a Creative Commons Attribution Unported 3.0 License

Then in 2015, Thompson Rivers University historian John Belshaw approached us about promoting his new two-volume open Canadian history textbook (click here for pre-Confederation and here for post-Confederation) published as part of the BC Open Textbook Project (we ran two posts about it here and here). Belshaw’s books were the first open access textbooks I encountered. I was excited and – having gradually moved away from textbooks in my teaching – integrated them as support material for my Canadian history courses.

Until recently, these were the only open projects with which I have been involved. Though I was never fully resistant to the idea, I also never pursued it with much interest. I have been fortunate enough to move from academic contract to academic contract in such a way that only for a few months have I ever been without full access to a university’s library subscription services. From my vantage point, as a student then professor, all of the on-campus resources I used were free.

This, of course, is not true. Continue reading →