Viola Desmond
Encyclopedia
Viola Davis Desmond was an African-Nova Scotian who bought her own beauty parlour and beauty college in Halifax. Desmond's story was one of the most publicized incidents of racial discrimination in Nova Scotian and Canadian history.
On November 8, 1946, Viola Desmond refused to sit in the balcony
designated exclusively for blacks in the Roseland Theatre in New Glasgow
but, instead, she took her seat on the ground floor where only white people were allowed to sit. After being forcibly removed from the theatre and arrested, Desmond was eventually found guilty of not paying the one-cent difference in tax on the balcony ticket from the main floor theatre ticket. She was fined $20 ($251.30 in 2010) and court costs ($6). She paid the fine but decided to fight the charge
in court.
During subsequent trials the government insisted on arguing that this was a case of tax evasion
. Retail sales tax
was calculated based on the price of the theatre ticket. Since the theatre would only agree to sell the Black woman a cheaper balcony ticket, but she had insisted upon sitting in the more expensive main floor seat, she was one cent short on tax. For her crime of so-called tax evasion, she was removed from the theatre, thrown in jail overnight, tried without counsel
, convicted and fined. During the trial, no one admitted that Viola Desmond was Black, and that the theatre maintained a racist seating policy. The trial proceeded as if it related to race-neutral tax evasion. All efforts to have the conviction overturned at higher levels of court failed. Her lawyer returned her fee which she used to set up a fund that was eventually used to support activities of the Nova Scotia Association for the Advancement of Coloured People (NSAACP).
After the trial, Desmond closed her business and then moved to Montreal
where she could enroll in a business college
. She eventually settled in New York
where died on February 7, 1965 at the age of 50.
While the case received little attention outside of Nova Scotia, it has since gained notoriety as one of many cases fought for civil rights
in the mid-20th century. Many of those familiar with Viola Desmond's courageous stand compare her to famed civil-rights activist, Rosa Parks
and her 1955 refusal to vacate a bus seat so that a white passenger could sit down. An April 2010 article (entitled "Viola Desmond is not Canada's Rosa Parks") by Canadian blogger Renee Martin disputes that likening and provides sound evidence provided by Viola Desmond's family, as well as historical background to contextualize Viola Desmond's significance to the Canadian civil rights movement.
On 14 April 2010, the Lieutenant Governor of Nova Scotia
, Mayann Francis, on the advice of her premier
, invoked the Royal Prerogative
and granted Desmond a posthumous pardon
, the first such to be granted in Canada. The government of Nova Scotia also apologised.
On November 8, 1946, Viola Desmond refused to sit in the balcony
Balcony
Balcony , a platform projecting from the wall of a building, supported by columns or console brackets, and enclosed with a balustrade.-Types:The traditional Maltese balcony is a wooden closed balcony projecting from a...
designated exclusively for blacks in the Roseland Theatre in New Glasgow
New Glasgow, Nova Scotia
New Glasgow is a town in Pictou County, in the province of Nova Scotia, Canada. It is situated on the banks of the East River of Pictou, which flows into Pictou Harbour, a sub-basin of the Northumberland Strait....
but, instead, she took her seat on the ground floor where only white people were allowed to sit. After being forcibly removed from the theatre and arrested, Desmond was eventually found guilty of not paying the one-cent difference in tax on the balcony ticket from the main floor theatre ticket. She was fined $20 ($251.30 in 2010) and court costs ($6). She paid the fine but decided to fight the charge
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
in court.
During subsequent trials the government insisted on arguing that this was a case of tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
. Retail sales tax
Sales tax
A sales tax is a tax, usually paid by the consumer at the point of purchase, itemized separately from the base price, for certain goods and services. The tax amount is usually calculated by applying a percentage rate to the taxable price of a sale....
was calculated based on the price of the theatre ticket. Since the theatre would only agree to sell the Black woman a cheaper balcony ticket, but she had insisted upon sitting in the more expensive main floor seat, she was one cent short on tax. For her crime of so-called tax evasion, she was removed from the theatre, thrown in jail overnight, tried without counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
, convicted and fined. During the trial, no one admitted that Viola Desmond was Black, and that the theatre maintained a racist seating policy. The trial proceeded as if it related to race-neutral tax evasion. All efforts to have the conviction overturned at higher levels of court failed. Her lawyer returned her fee which she used to set up a fund that was eventually used to support activities of the Nova Scotia Association for the Advancement of Coloured People (NSAACP).
After the trial, Desmond closed her business and then moved to Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
where she could enroll in a business college
Business college
A business college is a school that provides education above the high school level but could not be compared to that of a regular University or College...
. She eventually settled in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
where died on February 7, 1965 at the age of 50.
While the case received little attention outside of Nova Scotia, it has since gained notoriety as one of many cases fought for civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
in the mid-20th century. Many of those familiar with Viola Desmond's courageous stand compare her to famed civil-rights activist, Rosa Parks
Rosa Parks
Rosa Louise McCauley Parks was an African-American civil rights activist, whom the U.S. Congress called "the first lady of civil rights", and "the mother of the freedom movement"....
and her 1955 refusal to vacate a bus seat so that a white passenger could sit down. An April 2010 article (entitled "Viola Desmond is not Canada's Rosa Parks") by Canadian blogger Renee Martin disputes that likening and provides sound evidence provided by Viola Desmond's family, as well as historical background to contextualize Viola Desmond's significance to the Canadian civil rights movement.
On 14 April 2010, the Lieutenant Governor of Nova Scotia
Lieutenant Governor of Nova Scotia
The Lieutenant Governor of Nova Scotia is the viceregal representative in Nova Scotia of the Canadian monarch, Queen Elizabeth II, who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada and resides predominantly in her oldest realm, the...
, Mayann Francis, on the advice of her premier
Premier of Nova Scotia
The Premier of Nova Scotia is the first minister for the Canadian province of Nova Scotia who presides over the Executive Council of Nova Scotia. Following the Westminster system, the premier is normally the leader of the political party which has the most seats in the Nova Scotia House of Assembly...
, invoked the Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
and granted Desmond a posthumous pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
, the first such to be granted in Canada. The government of Nova Scotia also apologised.