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Running head: MERCER REFORMATORY UNDER FEMALE REFUGES ACT

Tanisha Tanisha 300291896 CRIM 1121-001 Mercer Reformatory Under the Female Refuges Act in the 19th century April 5, 2020 Aaren Ivers

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MERCER REFORMATORY Abstract The prisons in 19th century Toronto were overcrowded due to the accelerating rate of female delinquents and no independent institution for incarcerated women. The continuous efforts of Inspector J. W. Langmuir led to the establishment of the first independent female reformatory known as Andrew Mercer Reformatory located in Toronto. Based on the ideology of reforming women, Mercer Reformatory became an institution to regulate women's sexual behaviour. The Female Refuges Act further broadened the scope of authority over women and allowed judges to give sentences for an indefinite period, not exceeding two years. The act targeted women between the ages from 15 to 35 years to regulate their incorrigible or imaginable behaviour. Having more than one partner, being a habitual drunkard, promiscuity and pregnancy out of wedlock were all considered “incorrigible” behaviours at that time. Furthermore, women were also incarcerated for illegitimate pregnancies and treatment of venereal disease. Velma Demerson, a survivor of Mercer, wrote about the treatments and punishments inside the reformatory. Therefore, Mercer Reformatory under The Female Refuges Act eventually worsened the condition of women in the 19th century. Keywords: promiscuity, pregnancy out of wedlock, public drunkenness

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MERCER REFORMATORY Inspector J. W. Langmuir's report from 1869 mentioned that the number of female incarcerations was ascending. The alarming increase of 117 female prisoners in one year from 1967-68, led to the belief that an individual prison for females was necessary. Female inmates were incarcerated with their male counterparts since there were no individual female institutions in Canada. Consequently, prisons in smaller cities and towns ended up being over-crowded. The conditions of these penitentiaries as described by Langmuir were atrocious, women had to spend their jail time with drunkards and murderers. In these mixed prisons, the male staff and prisoners took advantage of women and were failing to implement the philosophy of reform. History Langmuir’s reports and efforts to establish an independent female reformatory influenced the building of Andrew Mercer Reformatory in Toronto, Ontario. Andrew Mercer Reformatory was the first women institution in Canada with women superintendents. The reformatory was located on King Street West in Toronto, Ontario. Opened in 1872, Mercer Reformatory guaranteed a rehabilitative environment for the inmates (Stephen, 1995). Mercer’s ideology demonstrated that the reformation was a better deterrent than punishment as women's distinct character required different treatment. The architecture and administration were built to be the opposite of the Toronto Central Prison at that specific time. Mercer was expected to convey flexibility from the building with minimum security and the possession of necessary solidarity. According to Langmuir, this female penitentiary would have a female superintendent who would “mother” her charges into female inmates (Borich, 2005). The reformatory was expected to be relatively inexpensive because females were not considered as dangerous as male inmates and did not require additional security measures. Women’s salaries were expected to be on a lower scale than men which would help reduce costs. However, the experiences of the first superintendent of Mercer from 1880 to

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MERCER REFORMATORY 1901 disclosed that the management of a female prison is not as effortless as it appears (Stephen, 1995). This paper explores the history, development, and expanding authority of superintendents inside the Mercer Reformatory in the 19th century. According to The Act respecting the Andrew Mercer Reformatory For Females, 1897, the magistrates had the authority to send women who were convicted of a provincial offence punishable with imprisonment in a jail or fine, directly to a reformatory (Knafla & Binnie, 1995). Mercer Reformatory for women was a provincial jail whereby females could be imprisoned for an extended period by magistrates under Criminal Code infractions. These violations included offending the “community standards”, public drunkenness, being a prostitute, and illegitimate pregnancies. The Prisons and Reformatories Act, 1906 broadened the scope for magistrates to send women to Mercer. Under this act, any female offender against the laws of Canada, punishable by two months of imprisonment, could also be sentenced to Mercer. The inmates confined in common jail could further be directly transferred to Mercer for the remainder of their jail sentence without an explanation. (Knafla & Binnie, 1995) The Female Refuges Act The Female Refuges Act replaced the previous act and allowed extensive new powers to the authorities over women. In the beginning, the term “Industrial Refuge” meant an institution for the supervision and protection of females and to provide complete attention to detail to understand the behaviour of inmates (Sangster, 1996). Under the Female Refuges Act, 1913, women between the ages of 15 to 35 could be incarcerated for an undetermined period, not exceeding five years. Schoolgirls who were sent to industrial schools could also be transferred to Mercer under the act. It further stated that if the women were “Unmanageable” or “Incorrigible”, they could be directed to a common jail or Mercer by an inspector. In addition, the magistrate could extend the woman’s detention by another year if

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MERCER REFORMATORY she appeared to be “uncontrollable” or “outrageous” (Knafla & Binnie, 1995). The act was further revised in April 1919. The term of committal was amended from an indefinite period of five years less a day, to an indefinite period of two years less a day (Sangster, 2001). Incorrigible behaviour included promiscuity, pregnancy out of wedlock, and public drunkenness allowing women to be directly committed by their parents or husbands requiring no legal authorization for their detention. Therefore, allowing them to leave the industrial refuge freely. However, this was further reformed with the compulsion that the woman had to be brought in front of the magistrate before being transferred to Mercer (Knafla & Binnie, 1995). Eventually, any person could report females under the age of 35 who were constant alcoholics or otherwise street indecent. This alteration in the act did not require any formal charges. The application merely required a sworn statement. The hearings were done in private, and allegedly written evidence was mandatory, but the magistrates were unconcerned (McCornick & Green, 2005). A further amendment to appeal the sentences before the court of appeal was involved within the statute in 1942. However, women could not take advantage of this modification, so it was eventually removed in 1958. (Sangster, 1996) Another rationale for the incarceration of women under The Female Refuges Act was illegitimate pregnancies. Some officials used Mercer as a home for unwed, poor mothers. A pregnant 20-year-old without parents and any other support was sent to Mercer by a Hamilton magistrate. She was considered ready to be confined because she ended up at the police station and was unable to look after herself. Any married woman who did not live with her husband was treated as a bigger problem because instead of living with her husband, she had an apartment used for sexual encounters. Extensively, she has encouraged promiscuous sexual activity according to the Female Refuges Act (Sangster, 1996). The most accusations of women with illegitimate children came from welfare authorities. Unlike the authorities’ declarations that they were saving women from moral decline with a reformatory term, the

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MERCER REFORMATORY sentencing reports of these women bluntly demanded punishment, isolation and even sterilization. In some cases, the sterilization might be urged after one child (Boritch, 2005). The teens were incarcerated for producing illegitimate children. If there was enough evidence to prove that no father or potential husband is in sight, the pregnancy was deemed as out of control sexual behaviour. The high number of women confinements also led to delivering babies while in prison. This experience of giving birth without a family must have been an alienating and frightening experience. This necessarily did not lead to reform and amelioration (Sangster, 1996). Further means to incarcerate women to Mercer under The Female Refuges Act was enforcing treatment for venereal disease. Venereal diseases are contracted and transmitted through sexual contact and the microorganisms can survive on skin. They are contracted due to semen, vaginal secretions or blood during sexual intercourse (Boritch, 2005). They were often linked to pregnancy out of wedlock and promiscuity. Many government officials were known to request magistrates to have women taken away because they had “apparently” refused to have sexual intercourse. Moreover, sometimes the magistrates ordered an assessment of venereal disease before imprisonment for sexual offences. In the cases of multiple partners, the presumption of venereal diseases was kept so strong that the women were treated even though they tested negative. The women, once assessed for the disease, were sent straight to Mercer to receive treatment. Occasionally, some of them were treated for both syphilis and gonorrhea even though the tests were negative (Knafla & Binnie, 1995). Moral regulations refer to the process of criticizing and marginalizing certain behaviours while authorizing others in society. Therefore, Mercer Reformatory became an institution to regulate women's sexual behaviour rather than dealing with the social problems existing in the society at that time. The act specifically targeted women under the age of 35 years because they were more likely to indulge in sexual activity and were in their prime

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MERCER REFORMATORY reproductive years (Myers & Sangster, 2001). Instead of transferring women to Toronto’s Belmont House with a dormitory set up and immense flexibility, they were fast-tracked to Mercer. This made women's conditions so appalling that when they turned fifteen, they were sent to prison for having a romantic companion. The magistrates' reason for this was to regulate their sexuality, since “sexual activity” of young women was becaming a huge concern for parents and authorities (Sangster, 1996). Inmates Velma Demerson constituted a large number of women who were incarcerated for being “incorrigible”. Women were considered incorrigible for a lot of reasons during that time such as having more than one partner, being a habitual drunkard, promiscuity and pregnancy out of wedlock were all considered “incorrigible” behaviours. However, males were deemed "incorrigible" only for theft (Sangster,1996). Demerson met Harry Yip when she was 18. After her father found out about his Canadian born daughter’s involvement with a Chinese man, he went to Toronto to seek further police intervention. She was reported as “incorrigible” because she wanted to marry a Chinese immigrant and was pregnant with his child out of wedlock. Nevertheless, she was brought before a judge and sentenced for 10 months in the Mercer in 1939. She gave birth to her son, Harry Jr. in Mercer who was taken away from her after three months until her release. After she was acquitted from the correction facility, she married Harry Yip, however, as a result, she lost her Canadian citizenship. (Demerson, 2017) Demerson wrote in her book “Incorrigible”, 2004, that she had to endure the widely condemned and outrageous punishments during her imprisonment. Her time in confinement worsened after days and weeks when she, accompanied by several other females, were sent to Mercer Reformatory. The inmates were locked in their cells throughout the day and were only allowed to eat their meals outside. They were only allowed half an hour of “free” time.

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MERCER REFORMATORY Demerson wrote that the worst punishment for her and her other female counterparts was the lack of information provided to them. She wrote about her experiences in Mercer when she had to suffer painful treatments in the name of eugenics. Moreover, she explained how they injected and swapped her genital area with burning liquids to find the cure for venereal diseases. After enduring the treatments and suffering the pain she, among many others, was forced to work in the industrial laundry. (Demerson, 2017) Demerson’s biography also provides an insight into the life of men and women who have been silenced by history. Upon admission to Mercer, women were relieved of their clothing and belongings and were supplied with a uniform, along with a book of rules to govern their behaviour. An exemplary day in the life of inmates included waking up at 6 am from their single cells. Inmates were not allowed to share cells as it was considered advantageous to further delinquency. Rules also included not sitting or lying on their beds unless they were undressing or retiring for the day. Their breakfast was followed by church attendance, and the remainder of their day passed by working on the assignments the Matrons gave them. This pattern continued until they served their sentence in Mercer (Knepper & Scicluna, 2010). For some women during the 19th century, when conditions deteriorated and medical experiments were utilized to help “cure” them from venereal diseases, their ability to leave was governed not by the court but by the superintendent and the Matrons (Borich,2005). We further learn about the unknown aspects of prison life such as abortion, mothering, sex, prostitution and the law in Incorrigible. Demerson concludes by saying she “feels fortunate for having been a survivor” (Demerson, pp-165, 2017) Sangster (1996) included the case study of a girl named Kathleen to represent the ignorance of the judges, which led to her incarceration for 18 months. Kathleen was separated from her mother at birth by the Children’s Aid Society. Being a neglected child, she was fostered out and had to work as a domestic help in many houses. Kathleen spent her life

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MERCER REFORMATORY chafed under curfews and discipline imposed on her. She repeatedly skipped work which made it difficult for her to keep one position for a long time. Eventually, her birth mother took her in front of a judge, claiming she was incorrigible or “unmanageable”. After two ignored warnings from the court, she admitted to having intercourse with multiple boys in the back of a car. The judge took this as an incident of “complete immorality” and prostitution. Sangster considers this a conventional case because the judge’s verdict was not exclusively based on the girl’s sexual promiscuity but her lack of guilt and her nonchalant view of sex. The judge showed explicit disgust to the tenacity and disobedience in terms of gender and class hierarchy. Kathleen’s judge also ignored substantive factors shaping her rebellion: her alienation as a fostered domestic worker, her lack of emotional ties, and her subjection to excessive rules and curfews (Sangster, 1996). The Secret Visit of 1964 The number of incarcerated women in the Mercer Reformatory kept increasing once Belmont House closed in 1939. Subsequently, a scandal occurred at Mercer in 1964. The Andrew Mercer Reformatory for Women became the centre of controversy with allegations of torture, beatings, experimental drugs, and medical procedures, all in the name of reform. The secret visit of 1964 by a Grand Jury inspected and reported gross mistreatment of the inmates. This was reported upon in newspaper articles in the Toronto Star. The report from Toronto Star explained that the superintendents were not qualified enough, and no qualified teachers were admitted after the last one employed was apprehended for shoplifting. The supervisor responsible for teaching the inmates how to type, could not type. Additionally, the medical care was barely available, the dental care was absent, and the cells used for solitary confinement were four by seven feet cubicles without light or windows. They were furnished with chamber pots and the sheet-metal-door. However, the grand jury concealed their location. Their conclusions included finding medical care so unacceptable that they could

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MERCER REFORMATORY find anything good to say about the reformatory and its treatment measures. The jury further found that the rehabilitation process was so non-existent that "the name of the institution should be changed to jail, since it is in no sense a reform institution.” (Sangster, 2001). As per the article “It's a heavy load': Former prison babies demand apology, recognition”, the former Andrew Mercer inmates, and their children born inside the reformatory have been fighting for recognition and acknowledgement of the harsh conditions they experienced at the prison. The illegality of their imprisonment, followed by the abuse, torture, trauma, and the punitive damages require an official apology. The children claimed in the interview with CBC News, that they had nightmares growing up because of the trauma and they want a better understanding of the conditions they were coming from. Velma Demerson is the only incarcerated woman in Canada to get a public apology and compensation from the federal and provincial governments for her time at the Mercer Reformatory. Many prison children who came forward and said that they have forgiven the authorities for imprisonment and the torture, however, an apology would help them alleviate the load that they have carried all these years (It’s a heavy load, 2019). Closure In 1969, the reformatory was closed, officially replaced by the Vanier Centre for Women in Brampton, and then demolished later that year. At the site where the reformatory existed is now the Alan Lamport Stadium. The only structure that remains from the original site is the superintendent's house at the corner of King Street and Fraser Avenue (Sangster, 2001). The site before the construction of the complex, carries a great significance to the city’s and women’s history. Although the interior was supposed to remind the inmates of home, the Gothic Revival must have given them the opposite impression. Female inmates had to perform household drudgery. The ideology behind which demonstrated that forced labour would allow the inmates to acquire skills that would help them with employment when their

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MERCER REFORMATORY sentences came to an end. During the late 19th century, Mercer inmates included brothel workers, prostitutes, working-class women, unwed mothers and women suffering from venereal diseases (Boritch, 2005). Amid much controversy about inadequate staff, medical care, incompetent training and solitary confinement of the inmates, Mercer was closed. As the Toronto Star reported, there was no support in the preservation of the building by the people at the time of wrecking (It’s a heavy load, 2019) “Despite its promising beginnings, the Andrew Mercer Reformatory for Women became the centre of controversy with allegations of torture, beatings, experimental drugs, and medical procedures, all in the name of “reform” (Stephen, pp- 423, 1995). Therefore, Mercer Reformatory under the Female Refuges Act eventually worsened the condition of women in the 19th century.

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MERCER REFORMATORY Boritch, H. (2005). The Criminal Class Revisited: Recidivism and Punishment in Ontario, 1871-1920. Social Science History, 29(1), 137-170. Retrieved March 11, 2020, from www.jstor.org/stable/40267869 Demerson, V. (2017). Incorrigible. Waterloo, Ontario: Wilfrid Laurier University Press. 'It's a heavy load': Former prison babies demand apology, recognition. (2019, May 26). CBC News. Retrieved from https://www.cbc.ca/news/canada/ottawa/former-prison-babyreflects-on-notorious-andrew-mercer-reformatory-1.5144705 Knafla, L. A., & Binnie, S. W. S. (1995). Law, society, and the state: essays in modern legal history...