JUSTICES OF THE PEACE
(also known as Commissioners of the Peace)

The Justices of the Peace were one of the oldest and most fundamental elements of the English criminal justice system, dating from the late middle ages. The duties of the Justices were extensive and diverse: by the late nineteenth century, one historian could write that "long ago, lawyers abandoned all hope of describing the duties of a justice in any methodic fashion, and the alphabet had become the one possible connecting thread."⁽⁶⁹⁾ In general, their responsibilities fell into four broad categories: performing preliminary judicial functions, such as the issuing of warrants and the interrogation of witnesses; assembling to hold the Courts of Quarter Sessions of the Peace, as required in their commissions, and other formal courts, such as Courts of Special Sessions of the Peace, as dictated by statute; summarily punishing minor offences, in hearings outside of the formal courts that came to be known as "petty sessions";⁽⁷⁰⁾ and performing a wide range of low-level legislative and administrative functions, ranging from the regulation of markets to the supervision of the poor.⁽⁷¹⁾ The formal courts held by the Justices are covered in the sections on the Courts of Quarter, Weekly, and Special Sessions of the Peace, and the Justices' administrative and preliminary judicial functions are beyond the scope of this guide; only their summary jurisdiction in petty sessions is dealt with here.

In contrast to the general common-law jurisdiction of the Justices in Quarter Sessions, their judicial power in petty sessions had no customary basis, and did not extend to common-law offences. Instead, it rested entirely on the numerous statutes passed that created new offences or redefined old ones, a practice that began in the late middle ages and reached a crescendo in the eighteenth and early nineteenth centuries. These new "statutory" offences, as they were called, were often placed specifically under the jurisdiction of the Justices, sometimes in Quarter Sessions, but more frequently in petty sessions. The accretion of such statutes across the centuries led to a vast patchwork of summary jurisdiction for the Justices, ranging from infractions of the game laws to breach of conditions of service. This meant that by the mid-eighteenth century, the Justices in petty sessions were the prime venue for the trial of most lesser criminal offences in England.⁽⁷²⁾

The system of Justices of the Peace was transplanted wholesale into most of Great Britain's colonies, as part of the constitutional law of England that was automatically received into all such colonies.⁽⁷³⁾ The appointment of Justices of the Peace was considered a royal prerogative, exercised by the King's representative (usually the Governor); as such, in many American colonies, it was never made explicit in colonial legislation.⁽⁷⁴⁾ The same held true for Quebec and Lower Canada.

Establishment and Jurisdiction

Both the proclamation and ordinance of 1764 dealing with the courts mentioned the appointment of Justices of the Peace; however, for the reasons discussed above, neither specifically appointed Justices. This was done instead by commissions of the Governor, the first of which were issued by Governor Murray for the Districts of Quebec and Montreal in August 1764.⁽⁷⁵⁾ The system of Justices of the Peace was suspended in 1775 during the administrative chaos surrounding the American invasion, but was restored in 1776 and remained in place through to the end of the period covered by this guide.⁽⁷⁶⁾ Justices appointed for a particular district could exercise their powers anywhere in that district, although in practice most rural justices exercised almost exclusively in the immediate neighbourhood of their place of residence.

The criminal jurisdiction of the Justices in petty sessions was based in large part on English precedent, since all English statutes that defined this jurisdiction and were passed before the reception of English law were automatically in force in the province.⁽⁷⁷⁾ While a precise analysis would thus require reference to the entire body of English statute law dating back to the late middle ages, a more general picture can be gleaned from the numerous guides published for the use of the Justices themselves.⁽⁷⁸⁾ In general, their jurisdiction extended to most minor misdemeanours punishable by fine or imprisonment, but usually not to those involving corporal punishment, which were left for the Courts of Quarter Sessions of the Peace.

The criminal jurisdiction of the Justices in petty sessions was also modified by a large number of colonial ordinances and acts that defined specific new statutory misdemeanours, and then placed them under the jurisdiction of one, two, or three Justices in petty sessions.⁽⁷⁹⁾ An example of this was the ordinance of 1838 which gave single Justices summary jurisdiction over disorderly persons, including punishments up to two months at hard labour, and defined disorderly persons very broadly, to include, among others, people loitering, drunk or causing disturbances in the streets, damaging property, prostitutes in the streets or in houses of ill-fame, people drinking after hours and those gaming for money. Many of these behaviours had previously been under the general jurisdiction of the Justices under English and colonial statutory law, but the 1838 ordinance consolidated and extended these prior provisions. In another important change, an 1841 law extended the justices' summary jurisdiction to common assault and battery, thereby giving them jurisdiction over a significant part of the business of the Quarter Sessions. From 1789 to 1817, any three Justices in petty sessions also had summary jurisdiction over criminal matters involving larceny where the value of goods in question was over St20sh; and from 1858, any two Justices in petty sessions, sitting in the chef-lieu of any district (the colony having just been subdivided into nineteen judicial districts), had jurisdiction over criminal matters involving simple larceny, keeping or frequenting bawdy houses (the latter being already under the jurisdiction of single Justices under the ordinance of 1838), aggravated assault, and assault on officers of justice, minors, and women.

In a departure from English precedent, colonial legislation from time to time also gave the Justices of the Peace in petty sessions jurisdiction over civil matters. Their civil jurisdiction was initially quite broad: in 1764, Justices had summary jurisdiction over most minor civil matters, with matters involving sums not over £5 determined by one Justice, and not over £10 by two Justices. However, the general civil jurisdiction of the Justices in petty sessions was revoked in 1770.⁽⁸⁰⁾ Thereafter, civil jurisdiction was given to the Justices piecemeal, covering limited types of cases, in limited areas, and for limited periods.

By the same 1770 ordinance that revoked the Justices' general civil jurisdiction, Justices with special commissions for that purpose were given jurisdiction over civil matters involving sums not over £3 that did not involve title to property. However, this jurisdiction was abolished with the rest of the existing court system as of May 1, 1775 by the Quebec Act, and when civil government was reinstituted in 1777, it was assumed by the Court of Common Pleas.

From 1785, any Justice in the remote areas of the province (essentially those that would become Upper Canada and the Gaspé) had summary and final jurisdiction over minor civil matters not involving real property, with matters involving sums between 2sh-6d and 40sh heard by one Justice, and between 40sh and £5 heard by two Justices. However, this jurisdiction was limited in 1787 to areas where Courts of Requests had not yet been established, and abolished in the judicial reorganization of 1794. It was assumed by the Circuit Courts, 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).

From 1817 to 1827, any Justice in the country parishes had jurisdiction over civil cases involving sums not over £3 concerning fences or ditches between neighbours, or damage caused by trespassing animals. This jurisdiction was revived in 1830, although limited to civil matters involving sums not over £4-3sh-4d concerning damages caused by trespassing animals, and reiterated in 1833 and 1836. In 1850, this jurisdiction was expanded to civil matters involving sums not over £6-5sh concerning damages caused by trespass, and all civil matters involving damages caused by trespassing animals. Finally, in 1857, this jurisdiction was limited again to all civil matters involving damages caused by trespassing animals.

From 1819, any Justice outside of the counties of Quebec, Montreal, and St. Maurice had summary jurisdiction over civil matters involving sums not over £4-3sh-4d, concerning goods, wages, loans, house-rent, and un-endorsed notes of hand, and arising in their county of residence. However, this jurisdiction was transferred to the Commissioners' Courts on their establishment in 1821.

From 1829 to 1835, two Justices had jurisdiction over civil matters involving sums not over £5 claimed by the commissioners of the Lachine Canal concerning damage to the canal; this jurisdiction was revived between 1836 and 1846, although now vested in one Justice acting alone. From 1831 to 1845, two Justices had jurisdiction over civil matters involving sums under £5 claimed by the commissioners of the Harbour of Montreal concerning damage to the harbour. From 1836, two Justices, residing near the ship's port of call or the master's residence, had jurisdiction over civil matters involving sums not over £St20 concerning disputes between masters and seamen over wages. From 1847 to 1855, one Justice, in areas where a Commissioner's Court was not established, had jurisdiction over all sums claimed by rural municipal councils. From 1855 to 1860, this power was extended to all rural municipal councils.

Composition and Sessions

Following English precedent, the petty sessions were held by the number of Justices specified by the legislation, with sessions as necessary. This was made explicit in 1851, when Justices were allowed to hear cases involving summary convictions at such time and place as they determined, which place became a public court.

Revision

In civil matters, judgements of the Justices in petty sessions could not in general be appealed. However, between 1847 and 1855, judgements of the Justices in cases involving the claims of rural municipal councils could be appealed to the nearest Circuit Court or to the next Inferior term of the Court of Queen's Bench. And from 1857, judgements of the Justices in cases involving damages caused by trespassing animals could be appealed to the Circuit Court.

In criminal matters, the legislation giving the Justices in petty sessions jurisdiction over specific offences sometimes permitted an appeal from their judgements, usually to the Court of Quarter Sessions of the Peace of the same district, but occasionally to the Court(s) of King's/Queen's Bench. More generally, from 1841, judgements of the Justices in petty sessions in all criminal cases involving larceny and other connected offences, malicious injury to property, and offences against the person could be appealed to the Court of Quarter Sessions of the Peace of the same district. However, there was no appeal when two or more Justices had imposed fines of not more than £5 or imprisonment of not more than one month for larceny or malicious injury to property.

Legislation

Proclamation August 28, 1764
Allowing for the appointment of Justices of the Peace, and giving the Justices in petty sessions jurisdiction over civil matters involving sums not over £10.

4 George III September 17, 1764 (in force 1764-1770)
Giving the Justices in petty sessions jurisdiction over civil matters involving sums not over £10.

10 George III February 1, 1770 (in force 1770-1775)
Revoking the general jurisdiction of the Justices over civil matters, and giving Justices appointed by special commission jurisdiction over certain civil matters involving sums not over £3.

Imperial Statute 14 George III c.83 (1774) (Quebec Act)
Abolishing all Justices as of May 1, 1775.

25 George III c.5 (1785) (in force with amendments 1785-1794)
Giving Justices in remote areas of the province jurisdiction over certain civil matters.

27 George III c.4 (1787) (in force 1787-1794)
Limiting the civil jurisdiction granted to Justices in remote areas.

29 George III c.3 (1789) (in force 1789-1817)
Giving three Justices in petty sessions jurisdiction over larceny over St20sh.

57 George III c.14 (1817) (in force 1817 to 1827)
Giving any Justice in country parishes jurisdiction over certain civil matters.

57 George III c.30 (1817)
Revoking the jurisdiction of three Justices out of sessions over larceny over 20sh.

59 George III c.10 (1819) (in force 1819-1821)
Giving any Justice in country parishes jurisdiction over certain civil matters.

9 George IV c.12 (1829) (in force 1829-1835)
Giving two Justices jurisdiction over certain civil matters involving the Lachine Canal.

10&11 George IV c.1 (1830) (in force 1830-1833)
Redefining the jurisdiction of any Justice in country parishes over certain civil matters.

1 William IV c.11 (1831) (in force 1831-1845)
Giving two Justices jurisdiction over certain civil matters involving the harbour of Montreal.

3 William IV c.31 (1833) (in force 1833-1836)
Re-enacting the jurisdiction of any Justice in country parishes over certain civil matters.

6 William IV c.22 (1836) (in force 1836-1846)
Giving one Justice jurisdiction over certain civil matters involving the Lachine Canal.

6 William IV c.28 (1836) (in force 1836-)
Giving two Justices jurisdiction over certain civil matters involving masters and seamen.

6 William IV c.56 (1836) (in force with amendments 1836-1850)
Re-enacting the jurisdiction of any Justice in country parishes over certain civil matters.

2 Victoria (2) c.2 (1838) (in force 1838-)
Extending the jurisdiction of Justices to disorderly persons, broadly defined..

4&5 Victoria c.25 (1841) (in force 1841-)
Allowing appeal from the Justices in petty sessions to the Courts of Quarter Sessions of the Peace in criminal cases involving larceny and other connected offences.

4&5 Victoria c.26 (1841) (in force 1841-)
Allowing appeal from the Justices in petty sessions to the Courts of Quarter Sessions of the Peace in criminal cases involving malicious injury to property.

4&5 Victoria c.27 (1841) (in force 1841-)
Allowing appeal from the Justices in petty sessions to the Courts of Quarter Sessions of the Peace in criminal cases involving offences against the person. Giving one Justice summary jurisdiction over cases of common assault and battery.

10&11 Victoria c.7 (1847) (in force 1847-1855)
Giving one Justice, in certain areas, jurisdiction over sums claimed by rural municipal councils.

13&14 Victoria c.40 (1850) (in force 1850-1857)
Giving one Justice in country parishes jurisdiction over certain civil matters.

14&15 Victoria c.95 (1851) (in force 1851-)
Affirming the right of Justices to hold petty sessions as they see fit.

18 Victoria c.100 (1855) (in force 1855-1860)
Giving one Justice jurisdiction over sums claimed by rural municipal councils.

20 Victoria c.40 (1857) (in force 1857-)
Giving one Justice in country parishes jurisdiction over certain civil matters.

22 Victoria c.27 (1858) (in force 1858-)
Giving two Justices in certain petty sessions jurisdiction over certain criminal matters.

Other Sources

The Criminal Statutes of Canada ... (Kingston, 1843)

A Collection of Some of the Most Useful Acts and Ordinances in Force in Lower Canada Relating to Criminal Law and to the Duties of Magistrates (Quebec, 1854, 1858)

Acts Relating to the Powers, Duties, and Protection of Justices of the Peace in Lower Canada (Quebec, 1853, 1858)

Statutes Relating to the Duties of Justices of the Peace in Lower Canada (Quebec, 1863)

Page content last updated 2017-11-18