CIRCUIT COURT(S)

Circuit Courts were direct descendants of the circuits previously held by the Judges of the Courts of Common Pleas. They had no direct precedent in the English court system, but performed roughly the same functions as the Nisi Prius jurisdiction of the Courts of Assize.

Establishment and Jurisdiction

Circuit Courts were established for the Districts of Quebec, Montreal, and Trois-Rivières in the judicial reorganization of 1794. The Courts had jurisdiction over civil matters involving sums not over £St10. As such, they assumed the jurisdiction of the circuits of the Courts of Common Pleas, and held concurrent jurisdiction with the Inferior Terms of the Courts of King's Bench (in the Districts of Quebec and Montreal) and the Provincial Court (in the District of Trois-Rivières). Indeed, in the Districts of Quebec and Montreal, they were sometimes referred to as "King's Bench in Circuit". In 1832, a Court was established for the District of St. Francis, with the same jurisdiction as the Provincial Court of the district.

The Courts were abolished in the judicial reorganization of 1841. Their jurisdiction was assumed by the District Courts.

Composition and Sessions

The Courts in the Districts of Quebec and Montreal were held by any Justice of the Court of King's Bench for the district, and that of the District of Trois-Rivières by the Provincial Judge. From 1830, the Court of the District of Trois-Rivières could be held by the Resident Judge. And from its establishment in 1832, the Court of the District of St. Francis was held by the Provincial Judge.

The Courts in the Districts of Quebec and Montreal had one term annually in each of the counties of the district, apart from the counties of Montreal, Quebec, Orleans, and Gaspé; that in the District of Trois-Rivières had one term annually in each of four circuits; and that in the District of St. Francis had two terms annually in each of three circuits.

Removal and Revision

Cases affecting future rights could be removed before judgement from the Courts to the Superior terms of the Court of King's Bench of the same district. Judgements of the Courts could not be appealed.

Legislation

34 George III c.6 (1794) (in force with amendments 1794-1841)
Establishing Circuit Courts for the Districts of Quebec, Montreal, and Trois-Rivières.

10&11 George IV c.22 (1830) (in force 1830-1849)
Allowing the Court of the District of Trois-Rivières to be held by the Resident Judge.

2 William IV c.8 (1832) (in force with amendments 1832-1841)
Establishing a Court for the District of St. Francis.

4&5 Victoria c.20 (1841)
Abolishing the Courts.

Establishment and Jurisdiction

Circuit Courts were re-established for the Districts of Quebec, Montreal, Trois-Rivières, and St. Francis, and each county in the District of Gaspé, in the judicial reorganization of 1844. The Courts had summary jurisdiction over civil matters involving sums not over £20. As such, they assumed the jurisdiction of the District Courts, and held concurrent jurisdiction with the Inferior Terms of the Courts of King's Bench, and with the Commissioners' Courts. Cases not over £6-5sh were determined according to equity.⁽⁸⁹⁾ In 1846, the Circuit Courts were given exclusive jurisdiction over civil matters involving sums not over £20 within their circuits.

Composition and Sessions

The Courts were held in the District of Quebec and the District of Montreal by any Justice of the Court of Queen's Bench or Circuit Judge, in the District of Trois-Rivières by the Resident Judge, in the District of St. Francis by the Provincial Judge, and in the District of Gaspé by the District Judge of the county. The Courts had three terms annually in each of eight circuits in the District of Quebec, eleven circuits in the District of Montreal, and two circuits in the District of Trois-Rivières; two terms annually in each of three circuits in the District of St. Francis; and one or two terms annually in each of seven circuits in the District of Gaspé.

The Courts were abolished in the judicial reorganization of 1849. Their jurisdiction was assumed by the Circuit Court of the province.

Removal and Revision

Cases where trial by jury was permitted, or affecting future rights, could be removed before judgement from the Courts to the Superior terms of the Court of Queen's Bench of the same district. All cases could be removed before judgement from the Courts to the Inferior terms of the Court of Queen's Bench of the same district at the order of the judge or the request of both parties. Judgements of the Courts in cases over £10, or affecting future rights, could be appealed to the Superior terms of the Court of Queen's Bench of the same district.

Legislation

7 Victoria c.16 (1843) (in force with amendments 1844-1849)
Establishing Circuit Courts for the Districts of Quebec, Montreal, Trois-Rivières, and St. Francis.

7 Victoria c.17 (1843) (in force 1844-1849)
Establishing a Court for each county in the District of Gaspé.

9 Victoria c.29 (1846) (in force 1846-1849)
Giving the Courts exclusive jurisdiction over civil matters involving sums not over £20 within their circuits.

12 Victoria c.38 (1849)
Abolishing the Courts.

Establishment and Jurisdiction

A single Circuit Court was established for the province in the judicial reorganization of 1849. The Court had jurisdiction over civil matters involving sums not over £50. As such, it assumed the jurisdiction of the old Circuit Courts and of the Inferior terms of the Courts of King's Bench, and part of the jurisdiction of the Superior Terms of the Courts of King's Bench. Cases not over £6-5sh were decided according to equity.⁽⁹⁰⁾ In 1855, the jurisdiction of the Circuit Court in Quebec City and Montreal over civil matters involving sums over £15 was revoked, and assumed instead by the Superior Court; however, this jurisdiction was restored in 1857. From 1857, the Court also had jurisdiction over the entire district if held in the county where the Superior Court sat, or over the county alone if held in any other county; and the Circuit Court in the Magdalen Islands had summary jurisdiction over all civil matters.

From 1857, the Court also had appellate jurisdiction over the Justices of the Peace in petty sessions in civil cases involving damages caused by trespassing animals.

Composition and Sessions

The Court was initially composed of nine Circuit Judges, and held by one Superior Court Judge or Circuit Judge (usually but not necessarily resident in the district where the court was held). From 1856, the Court was composed of ten rather than nine Circuit Judges. In 1857, the Circuit Judges were abolished, and the Court held instead by one Superior Court Judge.

The Court had from two to eleven terms annually in each of ten circuits in the District of Quebec, twelve circuits in the District of Montreal, three circuits in the District of St. Francis, one circuit in the District of Trois-Rivières, and three circuits in the District of Gaspé; circuits for the Districts of Ottawa and Kamouraska were to be detached from the existing districts on the establishment of the former. From 1853, the Court had nine terms annually at Montreal and ten terms annually at Quebec City; as well, one new circuit was added in the District of Quebec, two in the District of Trois-Rivières, one in the District of Kamouraska, and one in the District of Gaspé. From 1855, the Court had three to six terms annually in each of five circuits in the District of St. Francis. From 1856, the Court had eight new circuits in the various districts of the colony. And from 1857, the existing circuits were to be abolished, and circuits to be established by proclamation in each county of each of the new districts, apart from the urban counties of Montreal, Quebec, and Trois-Rivières, with at least three terms annually (two in the District of Gaspé); the courts in the chefs-lieux of the new districts were established in by proclamation in 1858.

Removal and Revision

Cases where trial by jury was allowed, or affecting future rights, could be removed before judgement from the Court to the Superior Court. Until 1857, judgements of the Court in cases over £15, or affecting future rights, could be appealed to the Superior Court. From 1857, judgements of the Courts in cases over £25, or affecting future rights, could be appealed to the Court of Queen's Bench, Appeal Side.

Legislation

12 Victoria c.38 (1849) (in force with amendments 1849-)
Establishing a Circuit Court for the province.

16 Victoria c.194 (1853) (in force 1853-1857)
Changing the terms and circuits of the Court in various districts.

18 Victoria c.104 (1855) (in force 1855-1857)
Revoking the jurisdiction of the Court in Quebec City and Montreal over civil matters involving sums over £15.

18 Victoria c.166 (1855) (in force 1855-1857)
Changing the terms and circuits of the Court in the District of St. Francis.

19&20 Victoria c.55 (1856) (in force 1856-1857)
Adding circuits for the Court, and adding an extra Circuit Judge.

20 Victoria c.40 (1857) (in force 1857-)
Giving the Court appellate jurisdiction over the Justices of the Peace in petty sessions in certain civil cases.

20 Victoria c.44 (1857) (in force 1857-)
Reorganizing the Courts.

Proclamation 1858-02-10 (in force 1858-)
Establishing sittings of the Court in the new districts.

Page content last updated 2012-09-20