COURTS OF QUARTER SESSIONS OF THE PEACE
(also known as Courts of General Sessions of the Peace or Courts of General Quarter Sessions of the Peace)

Like the Courts of Oyer and Terminer and General Gaol Delivery, the Courts of Quarter or General Sessions of the Peace in Quebec and Lower Canada were based in large part on English precedent. In England, Courts of Quarter Sessions of the Peace had been held since the late medieval period by Justices of the Peace, whose commissions gave any two of them, assembled for the purpose, the power to hold a court with jurisdiction over a wide range of offences committed within their counties. The Courts were generally held every three months, hence the name "Quarter Sessions"; if they were held at different intervals, they were properly known as Courts of General Sessions of the Peace, although in practice the two names were interchangeable.

The general jurisdiction of the English Courts in judicial matters, as defined in the Justices' commissions, extended to all felonies, and a range of other lesser offences. In theory, it thus overlapped that of the Courts of Assize. However, in practice capital offences were reserved for the Assizes, and the Courts of Quarter Sessions of the Peace tried crimes whose punishments did not extend to the loss of life and limb: non-capital felonies, such as simple larceny, and misdemeanours, such as assault and battery.

From time to time, the jurisdiction of the Courts was also extended by statutes to specific offences, often newly defined in the same statute. If a new offence was a felony, it automatically came under the jurisdiction of the Courts of Quarter Sessions of the Peace and the higher criminal courts. However, jurisdiction over newly defined misdemeanours was generally given to a specific court, usually the Justices of the Peace in petty sessions, but also sometimes the Courts of Quarter Sessions of the Peace. The accretion of such statutes across the centuries led to a considerable additional jurisdiction for these Courts.⁽⁴¹⁾

The Courts had a number of administrative and legislative functions as well, ranging from licensing to the formulation of fire and market regulations. While these functions were carried over to the Courts in Quebec and Lower Canada, only their judicial function is dealt with here.

Establishment and Jurisdiction

Courts of Quarter Sessions of the Peace were the first civilian courts established in Quebec. In August 1764, Governor Murray issued a Commission of the Peace appointing Justices of the Peace in each district (Quebec and Montreal) and empowering them to hold Courts of Quarter Sessions of the Peace for the trial of criminal matters; and establishment of the courts was confirmed by a proclamation a few days later, establishing a Court for each district (Quebec and Montreal), and giving it a civil jurisdiction. These provisions were reiterated by an ordinance a few weeks later.

The Courts were abolished with the rest of the existing court system as of May 1, 1775 by the Quebec Act. Like the rest of the regular court system, they remained in abeyance during the American invasion and the imposition of martial law.⁽⁴²⁾ However, in August 1776, Governor Carleton issued a new Commission appointing Justices of the Peace, thus implicitly re-establishing the Courts, which were in operation soon afterwards.⁽⁴³⁾

When the regular court system was restored in 1777, the Courts were explicitly re-established for both districts, under the name of Courts of General Quarter Sessions of the Peace. Thereafter, each time the province was divided into new districts, Courts of General or Quarter Sessions of the Peace were established for each new district. Thus, the erection of the District of Trois-Rivières in 1790, and the appointment of Justices of the Peace for the new district, implicitly established a Court of Quarter Sessions of the Peace for that district as well. In the judicial reorganization of 1794, a Court of General Sessions of the Peace was established for each new district (Quebec, Montreal, Trois-Rivières, and Gaspé). And in 1823, a Court of General Sessions of the Peace was established for the new District of St. Francis. Anomalously, between 1832 and 1845, the Justices of the Peace of each county were permitted to hold a Court of Quarter Sessions of the Peace for that county; however, it seems that this was carried into effect in only one county.⁽⁴⁴⁾ In the judicial reorganization of 1849, provisions were made for Courts of General Sessions of the Peace to be established for the new Districts of Ottawa and Kamouraska, when these districts were formally established by proclamation, and for the Circuit of Chicoutimi. With the division of the province into 19 new judicial districts in 1857, a Court of Quarter or General Sessions of the Peace was theoretically established for each; and in 1858, the erection of the new District of Chicoutimi implicitly established a Court of General Sessions of the Peace for that district as well. However, the courts never actually began sitting in the new districts, and two years later, were effectively abolished in all districts save those of Quebec and Montreal.

At various times throughout their existence, the Courts had civil, criminal, and appellate jurisdictions. In a departure from English precedent, and apparently drawing inspiration from the American model of county courts,⁽⁴⁵⁾ the Courts as established in the August 1764 proclamation had summary jurisdiction over civil matters involving sums between £10 and £30. However, the entire civil jurisdiction of the Justices of the Peace was revoked in 1770, with the official reason being that it had "become an intolerable burthen to the subject, and proved the means of great disquiet, vexation, and oppression."⁽⁴⁶⁾ The 1832 act allowing for the establishment of Courts in each county also gave them summary jurisdiction over civil matters involving sums not over £St10 arising in the county and concerning the recovery of debts; however, as noted above, only one of these Courts was ever in operation.

The legislation establishing the Courts in 1764 made no mention of their criminal jurisdiction. As in England, this was defined instead in the commissions of the Justices of the Peace. These commissions were almost identical to those used in England, substituting districts for counties, and with the proviso that the Justices were to follow the laws in force in the province.⁽⁴⁷⁾ In practice, this meant that the jurisdiction of the Courts in Quebec and Lower Canada was equivalent to that of their English predecessors as of the date of reception of English law into the province, and as modified by later colonial legislation.⁽⁴⁸⁾ This was explicitly confirmed in 1777, when the Courts were given jurisdiction over "all matters, relative to the conservation of the peace, and whatsoever is by them cognizable, according to the laws of England, and the ordinances ... of the province", and repeated with minor variations whenever the Courts were re-established thereafter.

As in England, colonial legislation also extended the criminal jurisdiction of the Courts to a number of specific offences, ranging from contraventions of road regulations to selling with false weights and measures. As well, similar legislation modifying the jurisdiction of the Justices of the Peace in petty sessions often permitted an appeal to the Courts of Quarter Sessions of the Peace, thus in effect giving the Courts an extensive appellate jurisdiction.⁽⁴⁹⁾

Apart from the appellate jurisdiction over specific offences as outlined above, the Courts initially had no general appellate jurisdiction. However, from 1841, the Courts were given general appellate jurisdiction over the Justices of the Peace in petty sessions in cases involving offences against the person, and cases involving larceny and malicious injury to property apart from those where two or more Justices had imposed a fine not over £5 or imprisonment not over 1 month.

Composition and Sessions

The composition of the Courts varied between 1764 and 1860. From 1764 to 1794, following English precedent, the Courts were held by any two or more Justices of the Peace of their respective districts, of whom one was required to be "of the Quorum", in other words specially identified as such in his commission. In 1794, the number of Justices of the Peace required to hold the Courts was increased to three, including one of the Quorum. This was extended to the Court of the District of St. Francis on its establishment in 1823. The requirements were loosened again in 1850, when the Courts of any district could be held by any Circuit Judge or by the Chairman of the General or Quarter Sessions of the district, alone or along with another Justice of the Peace of the district, or by two Justices of the Peace of the district acting alone. The role of Chairman of the Quarter Sessions in the Districts of Quebec and Montreal had already been devolved upon the Circuit Judges since 1844, and this was extended to all districts in 1849; in 1850, provision was also made for the appointment of salaried Presidents of the Quarter Sessions in the Districts of St. Francis and Trois-Rivières. Finally, from 1857, the Courts could also be held by any Superior Court Judge, apart from those of the Districts of Quebec and Montreal; in those districts, they could also be held by the Recorders (apart from cases involving an appeal from the Recorders' Courts) or by the Inspectors and Superintendents of Police.

The number of sessions of each Court also varied, both in time and by district. The Courts of the Districts of Quebec, Montreal, and Trois-Rivières had four sessions annually throughout the period covered by this guide. The Court of the Districts of Quebec sat for the first time in October 1764; that of the District of Montreal, in December 1764. The Court of the District of Gaspé initially had four sessions annually; however, in 1844, this was increased to four sessions annually in each of the district's two counties. The Court of the District of St. Francis initially had two sessions annually; however, in 1853, this was increased to four sessions annually. The Courts of the Districts of Kamouraska and Ottawa had two sessions annually. And finally, from 1857, the sessions of the Courts of the new districts were to be fixed by proclamation. However, as noted above, they seem never to have been established in the new districts, and in 1859, by proclamation, the sittings of the existing Courts were discontinued in all but the districts of Quebec and Montreal.

Removal and Revision

In civil matters, between 1764 and 1770 judgements of the Courts in all cases could be appealed to the Court of King's Bench.

In criminal matters, the situation was more complicated. On the one hand, under the common law, if a superior criminal court decided, for whatever reason, that a case was too important to be decided by a lower court, it could order the case removed to itself from the lower court before the latter had passed judgement; in Quebec and Lower Canada, this power was regularly exercised by the Court(s) of King's/Queen's Bench with regards to the Courts of Quarter Sessions of the Peace.⁽⁵⁰⁾ On the other hand, the situation was quite different once judgement had been pronounced, for throughout the period covered by this guide, judgements of the Courts could not in general be appealed. As with the Court(s) of King's/Queen's Bench and the Courts of Oyer and Terminer and General Gaol Delivery, appeals in most cases were governed by common law provisions that permitted them only in certain specific circumstances.⁽⁵¹⁾ Further, unlike these latter courts, the 1787 provision allowing for appeals to the King and Council in the case of fines over £St100 imposed for misdemeanours did not in practice apply to the Courts of Quarter Sessions of the Peace, as they almost never imposed fines of such magnitude.⁽⁵²⁾ However, in 1857, the Court of Queen's Bench, Appeal Side, was explicitly given appellate jurisdiction over the Courts of Quarter Sessions of the Peace in criminal cases.

Legislation

Proclamation August 28, 1764
Establishing a Court of Quarter Sessions of the Peace in each district.

4 George III September 17, 1764 (in force 1764-1775)
Establishing a Court of Quarter Sessions of the Peace for each district.

10 George III February 1, 1770 (in force 1770-1775)
Revoking the jurisdiction of the Courts over civil matters.

Imperial Statute 14 George III c.83 (1774) (Quebec Act)
Abolishing the Courts as of May 1, 1775.

17 George III c.5 (1777) (in force with amendments 1777-1794)
Establishing a Court of General Quarter Sessions of the Peace for each district.

30 George III c.5 (1790) (in force 1790-1794)
Establishing (implicitly) a Court of General Quarter Sessions of the Peace for the District of Trois-Rivières.

34 George III c.6 (1794) (in force with amendments 1794-)
Abolishing the existing Courts, and establishing a Court of General Sessions of the Peace for each district.

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

2 William IV c.66 (1832) (in force 1833-1845)
Allowing for the Justices of the Peace of each county to hold a Court of Quarter Sessions of the Peace for that county.

4&5 Victoria c.25 (1841) (in force 1841-)
Giving the Courts appellate jurisdiction over the Justices of the Peace in petty sessions in criminal cases involving larceny and other connected offences.

4&5 Victoria c.26 (1841) (in force 1841-)
Giving the Courts appellate jurisdiction over the Justices of the Peace in petty sessions in criminal cases involving malicious injury to property.

4&5 Victoria c.27 (1841) (in force 1841-)
Giving the Courts appellate jurisdiction over the Justices of the Peace in petty sessions in criminal cases involving offences against the person.

7 Victoria c.16 (1843) (in force with amendments 1844-)
Making Circuit Judges Chairmen of the Quarter Sessions in the districts of Quebec and Montreal.

7 Victoria c.17 (1843) (in force with amendments 1844-)
Giving the Court of the District of Gaspé four terms annually in each county.

8 Victoria c.18 (1845) (in force 1845-)
Reaffirming that the Court of the District of St. Francis had the same jurisdiction as the Courts of the other districts.

12 Victoria c.38 (1849) (in force with amendments 1849-)
Providing for the establishment of Courts of General Sessions of the Peace for the Districts of Kamouraska and Ottawa and for the Chicoutimi Circuit and making Circuit Judges Chairmen of the Quarter or General Sessions in all districts.

13&14 Victoria c.35 (1850) (in force 1850-)
Modifying the composition and terms of the Courts and allowing for the appointment of salaried Presidents of the Quarter Sessions in the districts of St. Francis and Trois-Rivières.

16 Victoria c.201 (1853) (in force 1853-)
Clarifying the composition of the Courts of the Districts of Kamouraska and Ottawa, and setting the terms of the Courts of the Districts of Kamouraska, Ottawa, and St. Francis.

20 Victoria c.44 (1857) (in force 1857-)
Providing for the establishment of Courts for each of the new districts, and allowing appeal from the Courts to the Court of Queen's Bench, Appeal Side.

Proclamation 1859-08-27 (in force 1859-)
Discontinuing the holding of the Courts in the district of Gaspé.

Proclamation 1859-11-08 (in force 1859-)
Discontinuing the holding of the Courts in the districts of Trois-Rivières, Kamouraska, Ottawa, and St. Francis.

Page content last updated 2012-09-20