The Trial

Viola was charged of violation the provincial Theaters, Cinematographs and Amusements Act. The Act meant, "the statue contained no explicit provisions relation to racial segregation. A licencing statue to regulate the operations of the theaters and movie houses, the act encompassed such matters as safety inspections and the censorship of public performances. It also stipulated that patrons were to pay an amusement tax on any tickets purchased in provincial theaters. Pearson who entered a theater without paying such tax were in subject to summary conviction and a fine of 'not less than twenty nor more than two hundred dollars.' The statue authorized police officers to arrest violators without warrant, and to use 'reasonable diligence' in taking them before a stipendiary magistrate or just of the peace 'to be dealt with according to law' (230).

The ticket Viola purchased was for upstairs seats, 30 cents, 2 of those cents would go to taxes, since she refused to sit upstairs and did not purchase a main-floor seating ticket, she was 1 cent short for taxes. To total amount Viola than was charged was $26 and was ordered to spend one month in jail.

Viola was not aloud to speak during her trial, if she tried to speak she was not listened to and ignored. She was charged for taxation.

"No one admitted that the theater patrons were assigned seats on the basis of race. In an interview with the Toronto Daily Star several weeks alter, Harry MacNeil would insist that neither he nor the Odeon Theaters management had ever issued instructions that main-floor tickets were not to be sold to Blacks. It was simply a matter of seating preferences: 'it is customary for [colored persons] to sit together in the balcony,' MacNeil would assert. At the trial, no one even hinted that Viola Desmond was Black, that her accusers and her judge were white. On its face, the proceeding appears to be simply a prosecution for failure to pay provincial tax. In fact, if Viola Desmond had not taken any further action in this matter, the surviving trial records would have left no clue to the real significance of this case" (232).

Viola's prosecutor and judges refused to recollect that she was a black woman but abused her on the way to jail and was thrown into a jail cell with other prisoners who were male. Viola was dehumanized by the theater and the police officers. The neglect of her race is substantial, they charged Viola for not pay 1 cent of taxes. This could have evenly and quietly be resolved between the theater and Viola personally, but based on the racial knowledge that existed and still exists today, because she was a black woman there was a need to arrest and charge the innocent woman, who was simply unaware of the rules of the theater, and for the ignorance and racism of the theater's workers.

Backhouse, Constance. 1999. Colour-Coded, A Legal History of Racism in Canada, 1900-1950. Toronto: University of Toronto Press. 

Racial Knowledge

Racial knowledge is the, "Production of social knowledge about the radicalized Other, than, establishes a library or archive of information, a set of guiding ideas and principles about Otherness" (150).

With this production of social knowledge brings about discourse, discourse meaning producing something else, creating knowledge about something, for example, a group of people, or a topic. Discourse produces these new ways of social knowledge, leading to racial knowledge.

The way Viola was treated was based on this Racial Knowledge of black individuals. They at this period of History were not seen as equal nor have the same privileges of whites, and they had certain rules to follow, for example, unable to sit on the main floor seating at a movie theater.

Goldberg, David Theo. 1993. Racist Culture: Philosophy and the politics of meaning, 148-175. New York: Blackwell.

The Arrest

Harry MacNeil returned with the police officer shortly after, "who advised Viola Desmond that he 'had orders' to throw her out of the theater. 'I told him that i was not doing anything and that i did not think he would do that', advised Viola Desmond. 'He then took my by the shoulders and dragged as far as the lobby. I had lost my purse and my shoe became disarranged in the scuffle.' The police officer paused momentarily to allow Viola Desmond to adjust her shoe, while a bystander retrieved her purse. Then the forcible ejection resumed. As Viola Desmond recounted: The policeman grasped my shoulders and the manager grabbed my legs, injuring my knee and hip. they carried me bodily from the theater out into the street. the policeman put me into a waiting taxi and i was driven to the police station. within a few minutes the manager appeared and the Chief of Police [Elmo C. Langille]. They left together and returned in an hour with a warrant for my arrest" (229).

"She was taken to the town lock-up, where she was held overnight. adding further insult, she was jailed in a cell alongside male prisoners. Mustering every ounce of dignity, Viola Desmond deliberately put on her white gloves, and steeled herself to sit bolt upright all night long"(229). Viola was imprisoned for 12 hours. 

Backhouse, Constance. 1999. Colour-Coded, A Legal History of Racism in Canada, 1900-1950. Toronto: University of Toronto Press. 

The Reaction in the Theater

While Viola proceeded to the main floor seating where black individuals were prohibited, the ticket-taker, named Prima Davis called out after Viola, and said "This is an upstairs ticket, you will have to go upstairs" (226). Viola was very confused and distraught considering she asked for a main-floor seating ticket when being purchased.

She returned to the ticket seller and asked to exchange her ticket. The ticket-seller proceeded to refuse Viola by stating, "I'm sorry but I'm not permitted to sell downstairs tickets to you people" (226). Viola then realized that she was not allowed to proceed to the main-floor seating solely based on her race. She then turned around, continued to walk into the theater and sat down and continued to watch the film. She was approached by the ticket-taker Prima Davis once again, along with him, a man named Harry MacNeil, who was known as "New Glasgow's most prominent 'show man'" (228). They then warned Viola and continued to tell her that she was not welcome or allowed to be sitting on the main floor seating. MacNeil than took her ticket, turned it over and read the conditions to Viola, "the right to refuse admission to any objectionable person"(228). Viola refused to budge. MacNeil than stormed out of the theater to retrieve a police officer...

Backhouse, Constance. 1999. Colour-Coded, A Legal History of Racism in Canada, 1900-1950. Toronto: University of Toronto Press.

Viola...

Viola Desmond is an inspiration black woman who fought for the black rights and privileges. Her goal was to overcome segregation. Viola Desmond is seen as the Rosa Parks of Canada. Viola is an inspirational woman who made huge efforts to succeed in her career and in life.

Viola Desmond, was driving through New Glasgow, Nova Scotia on November 8th, 1946 when her car broke down. She decided to spend the night in New Glasgow, and decided to catch the 7:00 movie at the Roseland Theater. She purchased a ticket and proceeded to the main-floor seating area. Viola was unaware that The New Glasgow Theater prohibited black individuals from main floor seating. They had to sit up on the balcony seats. What happened next was incredible...

Viola Irene Desmond, was a black woman of Nova Scotia Canada.

Born: July 6th 1914 in Halifax
Died: February 7th 1965 (Age 51)