THE COURT STRUCTURE OF QUEBEC AND LOWER CANADA, 1764 TO 1860
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COURT PROFILES

COMMISSIONERS' COURTS

The Commissioners' Courts were indirect descendants of the Courts of Request, with essentially the same jurisdiction. They were first established temporarily in 1807, and then more permanently in 1821.


1. 1807-1810

Establishment and Jurisdiction

Commissioners' Courts were effectively established by an 1807 act that allowed the governor to issue Commissions for the Trial of Small Causes to persons who were already commissioned as Justices of the Peace in townships and newly settled seigneuries. Their sessions were commonly referred to as Commissioners' Courts. The Courts had jurisdiction over civil matters involving sums not over £5 concerning goods, wages, loans, and un-endorsed notes of hand. Cases in the Courts were determined according to equity.(94) From 1808, Courts could be established in all seigneuries and parishes.

The Courts were effectively abolished in 1810, when the legislation setting them up was not renewed.

Composition and Sessions

The Courts were held by one Commissioner for the Trial of Small Causes. There were no fixed sessions of the Courts.

Revision

Judgements of the Courts could not be appealed.

Legislation

47 George III c.13 (1807) (in force with amendments 1807-1810)
Allowing for the establishment of Commissioners' Courts in certain townships and seigneuries.

48 George III c.15 (1808) (in force 1808-1810)
Allowing for the establishment of Commissioners' Courts in all townships and seigneuries.


2. 1821-1841

Establishment and Jurisdiction

Commissioners' Courts were revived by an 1821 act which allowed for their establishment in any parish or township apart from the counties of Quebec and Montreal and the town of Trois-Rivières. The Courts had summary jurisdiction over civil matters involving sums not over £4-3sh-4d concerning goods, wages, loans, rents, and un-endorsed notes of hand, arising in the locality where they were established, or surrounding localities without such a Court. As such, they assumed the civil jurisdiction that had been granted to the Justices of the Peace in petty sessions in 1819. From 1822, Commissioners' Courts could also be established in seigneuries not within any parish or township; from 1823, in places and settlements in the province not within any parish, seigneury, or township; and from 1824, in the newly established District of St. Francis. The provisions regarding the Courts were re-enacted in 1826.

In 1829, all existing Courts were abolished, and they could only be re-established on petition of 100 proprietors of the parish, seigneury, or township. In 1833, the provisions regarding the Courts were re-enacted, with their jurisdiction extended to civil matters involving sums not over £6-5sh and not concerning property of any sort; Courts could also be established in Quebec City and Montreal on petition of 200 proprietors. However, approval of the relevant act was delayed until 1834, and in the interim, the 1826 provisions regarding the Courts were temporarily re-enacted.

In 1836, the provisions regarding the Courts were re-enacted once again, with their jurisdiction extended to civil matters involving sums not over £6-5sh and not concerning real property, slander, assault, battery, paternity, estate matters in general, seduction, or lying-in expenses; a Court could also be established in Trois-Rivières, on petition of 200 proprietors.

Finally, in 1839, all Commissioners' Courts were abolished, apart from those in the Districts of St. Francis and Gaspé; their jurisdiction was assumed by the Circuit Courts of Request. The Commissioners' Courts in the Districts of St. Francis and Gaspé were in turn effectively abolished in the judicial reorganization of 1841, when the legislation establishing them was not renewed, and their jurisdiction was assumed by the short-lived Division Courts.

Composition and Sessions

The Courts were held by the Commissioners for the Trial of Small Causes appointed for their locality. The Courts had semi-monthly sessions in rural areas, and weekly sessions in Quebec City, Montreal, and Trois-Rivières. From 1822, only one Court was to be held in each locality, even if more than one Commissioner was appointed for that locality; however, this provision was repealed in 1823.

Removal and Revision

From 1834, cases affecting future rights could be removed before judgement from the Courts to the Inferior or Superior terms of the Court of King's Bench of the same district. Judgements of the Courts could not be appealed.

Legislation

1 George IV c.2 (1821) (in force with amendments 1821-1825)
Allowing for the establishment of Commissioners' Courts in any rural parish or township.

2 George IV c.3 (1822) (in force 1822-1823)
Allowing for the establishment of Courts in any seigneury, and requiring that only one Court be held in each locality.

3 George IV c.22 (1823) (in force 1823-1825)
Allowing for the establishment of Courts in any locality.

4 George IV c.24 (1824) (in force 1824-1825)
Allowing for the establishment of Courts in the District of St. Francis.

6 George IV c.2 (1826) (in force with amendments 1826-1833)
Re-enacting the provisions regarding the Courts.

9 George IV c.22 (1829) (in force 1829-1833)
Abolishing all existing Courts and requiring that they be re-established only on petition of 100 proprietors of a locality.

3 William IV c.34 (1833) (in force 1834-1835)
Re-enacting the provisions regarding the Courts, changing their jurisdiction, and allowing for the establishment of Courts in Quebec City and Montreal.

4 William IV c.2 (1834) (in force 1834)
Re-enacting the 1826 provisions regarding the Courts.

6 William IV c.17 (1836) (in force with amendments 1836-1841)
Re-enacting the provisions regarding the Courts, changing their jurisdiction, and allowing for the establishment of a Court in Trois-Rivières.

2 Victoria (3) c.58 (1839) (in force 1839-1842)
Abolishing all the Courts apart from those in the Districts of St. Francis and Gaspé.


3. Magdalen Islands, 1841-1843

While Commissioners' Courts were abolished throughout most of the colony between 1841 and 1843 under the Special Council's aborted plan for judicial reorganization, the same plan established a Commissioners' Court for the Magdalen Islands. The Court had summary jurisdiction over civil matters involving sums not over £25 concerning purely personal suits. The Court was effectively abolished in 1843 when the ordinance establishing it was not renewed.

Composition and Sessions

The Court was held by the Commissioner appointed for that purpose. The Court had one term annually.

Revision

Judgements of the Court in cases over £St10 could be appealed to the Court of King's Bench of the District of Quebec.

Legislation

4&5 Victoria c.22 (1841) (in force 1841-1843)
Establishing a Commissioners' Court for the Magdalen Islands.


4. 1844-1860

Establishment and Jurisdiction

Commissioners' Courts were revived in the judicial reorganization of 1844, which allowed for the establishment of Courts in any parish, township, or extra-parochial place, on petition of 100 proprietors.  Though the relevant act came into effect late in 1843, there were evidently no appointments before 1844, and thus no courts. The Courts had summary jurisdiction over civil matters involving sums not over £6-5sh that did not involve real property, slander, assault, battery, paternity, civil estate matters, seduction, lying-in expenses, or fines and penalties. Cases in the Courts were to be determined according to equity.(95) In 1846, these provisions were extended to the Magdalen Islands and other remote settlements. In the judicial reorganization of 1849, the Courts in Quebec City, Montreal, and Trois-Rivières were abolished, and their jurisdiction assumed by the Circuit Court. From 1852, any existing Court could be abolished on the petition of an absolute majority of voters of its locality, and new Courts could be established only on petition of an absolute majority of such voters. And from 1845 to 1855, the Courts had jurisdiction over all sums claimed by rural municipal councils, including penalties imposed under their bylaws.

Composition and Sessions

The Courts were held in Quebec City and Montreal by the Circuit Court Judges, and elsewhere by one or more residents of their locality appointed by commission. The Courts had one session weekly in Quebec City and Montreal, and one session monthly elsewhere.

Removal and Revision

Cases 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. Judgements of the Courts in cases affecting future rights could be appealed to the Superior terms of the Court of Queen's Bench of the same district. From 1849, appeals and removals were to be to the Superior Court.

Between 1845 and 1855, judgements of the Courts in cases involving the claims of rural county councils could be appealed to the nearest Circuit Court or to the Inferior terms of the Court(s) of Queen's Bench.

Legislation

7 Victoria c.19 (1843) (in force with amendments 1843-)
Allowing for the establishment of Commissioners' Courts in any locality.

8 Victoria c.40 (1845) (in force 1845-1847)
Giving the Courts jurisdiction over sums claimed by rural municipal councils and penalties imposed by their bylaws or by other provisions of the Act.

9 Victoria c.15 (1846) (in force 1846-)
Allowing for the establishment of Courts in the Magdalen Islands.

10&11 Victoria c.7 (1847) (in force 1847-1855)
Giving the Courts jurisdiction over sums claimed by rural municipal councils and penalties imposed by their bylaws or by other provisions of the Act.

12 Victoria c.38 (1849) (in force with amendments 1849-)
Substituting the Superior Court for the Superior Terms of the Court of Queen's Bench in cases appealed or removed from the Courts, and abolishing the Courts in Quebec City, Montreal, and Trois-Rivières.

16 Victoria c.14 (1852) (in force 1852-)
Changing the requirements for the establishment or abolition of the Courts.



Donald Fyson, with the assistance of Evelyn Kolish and Virginia Schweitzer, The Court Structure of Quebec and Lower Canada, 1764-1860 (Montreal: Montreal History Group, 1994/1997/2023). http://www.profs.hst.ulaval.ca/Dfyson/Courtstr/

Page content last updated 2016-07-22