COURT OF APPEALS

Although first established as a temporary measure, with limited jurisdiction, the Court of Appeals quickly became a regularized version of the sessions held by the Governor and Council to hear cases in appeal.

Establishment and Jurisdiction

A Court of Appeals was established for the province in 1773, to accommodate appeals from the Court of Common Pleas that would otherwise have been heard by the Chief Justice in the Court of King's Bench, since the Chief Justice (William Hey) was about to return to England on leave. The Court thus had appellate jurisdiction over the Courts of Common Pleas in civil cases involving sums over £St10. The Court was originally intended as a very temporary measure, to be in existence only during the absence of Hey, but since the latter resigned his post while in England, and did not return to Quebec until June 1775,⁽¹⁰³⁾ the Court thus assumed a somewhat more permanent existence than its creators probably intended.

The Court was abolished with the rest of the existing court system as of May 1, 1775 by the Quebec Act. Its jurisdiction was assumed by the interim Court of Appeals established in 1776.

Composition and Sessions

The Court was composed of the Governor and Council, and held by the Governor and five council-members. The Court had seven terms annually at Quebec City.

Revision

Judgements of the Court in cases involving sums over £St500 could be appealed to the King and Council.

Legislation

13 George III September 1, 1773 (in force 1773-1775)
Establishing a Court of Appeals for the province.

Imperial Statute 14 George III c.83 (1774) (Quebec Act)
Abolishing the Court.

Establishment and Jurisdiction

A Court of Appeals was established by a commission of Governor Carleton in August 1776,⁽¹⁰⁴⁾ as part of the interim court system put in place following the administrative chaos caused by the American invasion. The Court had appellate jurisdiction over "any Court of Civil Jurisdiction" in the province, which in practice meant the interim Court of Civil Jurisdiction (Court of Common Pleas), in civil cases involving sums over £St10.

When the regular court system was restored in 1777, judgements of the Court were confirmed, and its jurisdiction assumed by the new Court of Appeals.

Composition and Sessions

The Court was held by the Governor, Lieutenant-Governor, or Chief Justice, and five council-members.

Revision

Judgements of the Court in cases over £St500, or involving duties due to the Crown, or affecting future rights, could be appealed to the King and Council.

Legislation

17 George III c.1 (1777)
Confirming judgements of the Court.

Establishment and Jurisdiction

When the regular court system was restored in 1777, a Court of Appeals was formally re-established for the province. The Court had appellate jurisdiction over the lower courts in cases over £St10, or affecting future rights. As such, it assumed the jurisdiction previously held by the interim Court of Appeals. The jurisdiction of the Court was reaffirmed in 1787. In 1792, questions having arisen as to the effects of the Constitutional Act on the constitution of the Court, an ordinance was passed to clarify its composition and juriisdiction, essentially reestablishing it following the model established in 1777.

The Court was abolished in the judicial reorganization of 1794. Its jurisdiction was assumed by the Provincial Court of Appeals.

Composition and Sessions

The Court was initially composed of the Governor and Council of Quebec, and held by the Governor or Chief Justice and five council-members. From 1792, the Court was composed of and held by the Governor and Executive Council of Lower Canada. The Court had twelve terms annually at Quebec City.

Revision

Judgements of the Court in cases over £St500, or affecting future rights, could be appealed to the King and Council.

Legislation

17 George III c.1 (1777) (in force with amendments 1777-1794)
Establishing a Court of Appeals for the province.

27 George III c.4 (1787) (in force with amendments 1787-1794)
Reaffirming the jurisdiction of the Court.

Imperial Statute 31 George III c.31 (1791) (Constitutional Act)
Allowing the Court to be composed of and held by the Governor and Executive Council of Lower Canada rather than the Governor and Council of Quebec, and reaffirming its jurisdiction.

32 George III c.1 (1792) (in force 1792-1794)
Reaffirming the composition and jurisdiction of the Court.

34 George III c.6 (1794)
Abolishing the Court.

Page content last updated 2009-07-21