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

MAYOR'S COURT

The Mayor's Court in Lower Canada was based on the courts held by municipal officials in England and in the American colonies by virtue of municipal charters.(65) Its appearance in Lower Canada, like that of the Recorder's Court that succeeded it, was part of the general assumption of power by municipal corporations from the 1840s on. At the same time, this assumption of judicial powers by a municipal institution that already had legislative and administrative functions marked a continuity with the municipal administration of the Justices of the Peace, who had also combined the three functions.

Establishment, Jurisdiction, Composition, Sessions, and Revision

A Mayor's Court was established for Montreal as part of the city charter revisions of 1845. The Court had summary jurisdiction over criminal matters involving infractions of city by-laws and laws relating to the city's markets, and over civil matters involving suits of the city for the recovery of money owed it for taxes, rents, and so on. As such, it assumed the civil jurisdiction previously held by the Montreal Court of Weekly Sessions of the Peace, while its criminal jurisdiction overlapped that of the latter Court, of the Courts of Special Sessions of the Peace, and of the Montreal Police Court. The Court was held by any three members of the City Council, with as many sessions as they saw fit to hold.

There was no explicit provision for appeals from judgements of the Court. However, as it had a jurisdiction similar to that of the Montreal Court of Weekly Sessions of the Peace, the Mayor's Court may have been subject to the same appeal provisions; if so, its judgements in certain cases could be appealed to the Montreal Court of Quarter Sessions of the Peace.(66)

The Mayor's Court was abolished in 1851. Its jurisdiction was assumed by the Montreal Recorder's Court.

Legislation

8 Victoria c.59 (1845) (in force 1845-1851)
Establishing a Mayor's Court for Montreal.

14&15 Victoria c.128 (1851)
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 2009-10-26