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

COURT OF APPEALS FOR LOWER CANADA

The Court of Appeals for Lower Canada was the first appellate court in the colony to be composed of professional jurists, rather than the Governor and his advisors.

Establishment and Jurisdiction

A Court of Appeals for Lower Canada was established in the judicial reorganization of 1844. The Court had appellate jurisdiction over all appeals and removals from the lower courts, unless these were specifically directed to another court. As such, it assumed the jurisdiction of the Provincial Court of Appeals.

The Court was abolished in the judicial reorganization of 1849. Its jurisdiction was assumed by the Court of Queen's Bench, Appeal Side.

Composition and Sessions

The Court was composed of the Justices of the Courts of Queen's Bench, and held by any four of the Justices of the Court. The Court had three terms annually, held alternately at Quebec City and at Montreal.

Revision

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

Legislation

7 Victoria c.18 (1843) (in force 1844-1849)
Establishing a Court of Appeals for Lower Canada as of 1844.

12 Victoria c.37 (1849)
Abolishing the Court.



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 2008-05-30