Chapter 1

Era of Colonial Rule (1849-1870)

Vancouver Island—The colony

From the first lockup to

In 1821, before

convict labour on the
chain gang, the criminal
justice system of British
Columbia emerged during
the colonial period of the
mid-1800s.

The first thing to settle
was disputes between

258 loaves of bread;

41 pounds of fine biscuits;
40 pounds of oatmeal;

1 pound of tea; and

4 pounds of sugar.

colonization, the Hudson’s
Bay Company was granted
a royal licence for exclusive
trade with the Indians. The
initial term of the licence
was 21 years, although an
extension for a longer term
was made in 1838. This

employees of the
Hudson’s Bay Company.
Then there were
skirmishes between
original inhabitants and
new arrivals. As more and more people arrived
in the area known as the province of British
Columbia, conflicts were inevitable. The first
calls for law and order had to be answered.

Administrators—such as the secretary of state,
governor, members of the House of Assembly
and chief justices—attempted to establish a
system of justice similar to that in Britain and
other Hudson’s Bay Company territories. In

B.C., however, this system was slow to develop.

One reason was a lack of funds. Another factor
was general political disorganization.

The first recorded list of provisions for the earliest
gaol in British Columbia—Hudson’s Bay
Company barracks, Port Victoria.

licence was based on the
Royal Charter granted to
the Hudson’s Bay
Company in 1670 by the
British Crown.

The charter gave the company exclusive trade
and commerce in the region it controlled
known as Rupert’s Land. Clauses within the
charter gave the governor and his council
power to enact laws and ordinances for the
government of the Canadian West. They also
imposed punishments, such as fines and
imprisonment, that were in keeping with the
laws of England. Lesser officials, such as chief
factors in charge of isolated posts, could try
criminal cases and award fines and
punishments.

Era of Colonial Rule (1849-1870)