Before there was Rosa Parks in the US, there was Viola Desmond in Nova Scotia
Viola Davis Desmond (July 6, 1914 in
Halifax,
Nova Scotia,
Canada�1965 in New York) was an
African-Nova Scotian who ran 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
[1]) 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 moved to
Montreal where she enrolled in a
business college. She eventually settled in
New York where she died at the age of 51.
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.
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,
[2] the first such to be granted in Canada.
[3] The government of Nova Scotia also apologised.
[4]