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

GOVERNOR AND COUNCIL

In many British colonies, the ultimate local court of appeal in civil cases was the Governor and Council. This was the case in New England,(102) and the system was transplanted to Quebec after 1764.

Establishment and Jurisdiction

By the 1764 ordinance setting up the courts, the Governor and Council had appellate jurisdiction over the Court of King's Bench and the Court(s) of Common Pleas in civil cases involving sums over £St300; presumably, this also extended to the Courts of Assize. This jurisdiction was abolished with the rest of the existing court system as of May 1, 1775 by the Quebec Act.

Composition and Sessions

The legislation made no provision for the composition and sessions of the Governor and Council sitting to hear cases on appeal; presumably, such sessions were convened as necessary.

Revision

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

Legislation

4 George III September 17, 1764 (in force with amendments 1764-1775)
Giving the Governor and Council appellate jurisdiction over civil cases involving sums over £St300.

Imperial Statute 14 George III c.83 (1774) (Quebec Act)
Abolishing the jurisdiction of the Governor and Council.


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 2004-02-18