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

PROVINCIAL COURTS

The Provincial Courts were originally established in order to provide the lesser districts (Trois-Rivières, Gaspé, and later St. Francis) with courts having a civil jurisdiction similar to that of the Courts of King's Bench, but at the same time clearly subordinate to it. Since the different Provincial Courts had different jurisdictions and provisions, they are treated here in separate sub-sections.

1. District of Trois-Rivières

Establishment and Jurisdiction

A Provincial Court was established for the District of Trois-Rivières in the judicial reorganization of 1794. The Court had summary jurisdiction over civil matters involving sums not over £St10.

The Court was abolished in 1830. Its jurisdiction was assumed by the Inferior terms of the Court of King's Bench of the District.

Composition and Sessions

The Court was held by the Provincial Judge of the District. The Court had six terms annually.

Removal and Revision

Cases affecting future rights could be removed before judgement from the Court to the Court of King's Bench of the district. Judgements of the Court could not be appealed.

Legislation

34 George III c.6 (1794) (in force 1794-1830)
Establishing a Provincial Court for the District of Trois-Rivières.

10&11 George IV c.22 (1830)
Abolishing the Court.

2. District of Gaspé

Establishment and Jurisdiction

A Provincial Court was established for the District of Gaspé in the judicial reorganization of 1794. The Court had summary and final jurisdiction over civil matters involving sums not over £St20. In 1822, the jurisdiction of the Court was extended to civil matters involving sums not over £100, not concerning real property, and not affecting future rights. In 1824, this jurisdiction was extended again, to all civil matters involving sums not over £100.

The Court was abolished in the judicial reorganization of 1844. Its jurisdiction was assumed by the Court of King's Bench and the Circuit Courts of the District.

Composition and Sessions

The Court was held by the Provincial Judge of the District. Originally, the Court had four terms annually. From 1822, the Court had seven terms annually, held in the various settlements of the District.

Revision

From 1822, judgements of the Court in cases over £St20 could be appealed to the Superior terms of the Court of King's Bench of the District of Quebec. In 1824, this was extended to all cases affecting future rights, whether or not they exceeded £20.

Legislation

34 George III c.6 (1794) (in force with amendments 1794-1844)
Establishing a Provincial Court for the District of Gaspé.

2 George IV c.5 (1822) (in force with amendments 1822-1844)
Reorganizing the Court.

4 George IV c.7 (1824) (in force with amendments 1824-1844)
Modifying the jurisdiction and appeal provisions of the Court.

7 Victoria c.17 (1843)
Abolishing the Court as of 1844.

3. District of St. Francis

Establishment and Jurisdiction

A Provincial Court was established for the District of St. Francis on the erection of that district in 1823. The Court had jurisdiction over civil matters involving sums not over £St20 and not concerning real property.

The Court was abolished in 1841 under the Special Council's aborted plan for judicial reorganization. Its jurisdiction was assumed first by the District Courts of the District, and then, from 1844, by the Court of King's Bench of the District.

Composition and Sessions

The Court was held by the Provincial Judge of the District. The Court had five terms annually at Sherbrooke.

Removal and Revision

Originally, cases affecting future rights could be removed before judgement from the Court to the Superior terms of the Court of King's Bench of the District of Montreal (if the case arose in that part of the District of St. Francis previously within the District of Montreal) or the District of Trois-Rivières (if the case arose in that part of the District of St. Francis previously within the District of Trois-Rivières). Judgements of the Court in cases over £St10 could be appealed to the same Courts of King's Bench under the same criteria. From 1832, removals and appeals were to be made in the same fashion to the Court of King's Bench of the District of St. Francis.

Legislation

3 George IV c.17 (1823) (in force with amendments 1823-1841)
Establishing a Provincial Court for the District of St. Francis.

2 William IV c.8 (1832) (in force 1832-1841)
Allowing appeal from the Court to the Court of King's Bench of the District.

4&5 Victoria c.20 (1841)
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