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

PROVINCIAL COURT OF APPEALS

The Provincial Court of Appeals was the direct descendant of the Court of Appeals, in effect representing merely a change in name and slight modification in jurisdiction of the latter.

Establishment and Jurisdiction

A Provincial Court of Appeals was established for the province in the judicial reorganization of 1794. The Court had appellate jurisdiction over the Courts of King's Bench in civil cases involving sums over £St20, or affecting future rights. As such, it assumed the jurisdiction of the Court of Appeals.

The Court was abolished in the judicial reorganization of 1844. Its jurisdiction was assumed by the Court of Appeals for Lower Canada.

Composition and Sessions

The Court was initially composed of the Governor, Executive Council, Chief Justice of the Province, and Chief Justice of the Court of King's Bench of the District of Montreal, and held by any five of them. From the coming into force of the Union of Lower and Upper Canada in 1841, the Court was composed of and held by the Governor and Executive Council of Canada. As originally constituted, the Court had four terms annually at Quebec City.

Revision

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

Legislation

34 George III c.6 (1794) (in force with amendments 1794-)
Establishing a Provincial Court of Appeals for the province.

Imperial Statute 3&4 Victoria c.35 (1840)
Allowing the Court to be composed of and held by the Governor and Executive Council of Canada (as of 1841).

7 Victoria c.18 (1843)
Abolishing the Court as of 1844.


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