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

MILITIA OFFICERS

Like the Courts Martial, sessions held by militia officers for the punishment of offences by reserve militiamen were technically an administrative tribunal. However, since the reserve militia included most able-bodied males of the colony, the jurisdiction of such sessions was actually very broad, and verged on that of a regular court. The colonial authorities apparently realized this, for militia officers held such jurisdiction only briefly; at most other times, it was assumed by the Justices of the Peace in petty sessions.

Establishment and Jurisdiction

By the 1787 militia ordinance, one field officer of the militia had summary jurisdiction over breaches of the militia regulations involving fines not over 40sh. The same ordinance allowed for the establishment of Courts of Field Officers of the Militia, with summary jurisdiction over breaches of the militia regulations involving fines over 40sh, imprisonment, or the breaking of an officer. As such, the militia officers assumed the jurisdiction over such matters previously held by the Justices of the Peace in petty sessions. In 1789, the jurisdiction of single militia officers was extended to certain cases involving imprisonment.

The jurisdiction of the militia officers was effectively abolished in 1794, when a new militia ordinance gave it instead to the Justices of the Peace in petty sessions. In 1827, during the political struggle between Governor Dalhousie and the House of Assembly, the militia ordinances of 1787 and 1789 were revived, and presumably along with them, the jurisdiction of the militia officers. However, this jurisdiction was effectively repealed again by the militia act of 1830, which gave the jurisdiction to two Justices of the Peace in petty sessions.

Composition and Sessions

The Courts of Field Officers of the Militia were initially held by any three field officers of the militia. From 1789, the Courts were held by the Colonel, Lieutenant-Colonel, and Major, or next officers in rank, in cases involving fines over 10sh.

Revision

Judgements of the Courts in cases involving fines over £10, imprisonment over 1 month, or the breaking of an officer, could be appealed to the Captain-General of the militia.

Legislation

27 George III c.2 (1787) (in force with amendments 1787-1794, and 1827-1830)
Giving militia officers jurisdiction over breaches of the militia regulations.

29 George III c.4 (1789) (in force 1789-1794, and 1827-1830)
Extending the jurisdiction of single militia officers, and modifying the composition of the Courts of Field Officers of the Militia.


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/

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