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

COURT OF QUEEN'S BENCH, APPEAL SIDE

In the judicial reorganization of 1849, the Court of Queen's Bench was centralized into a single institution and divided into two parts, the Crown Side and the Appeal Side. Although technically a single institution, in practice the widely differing functions of the Crown and Appeal Sides of the Court meant that it was really composed of two separate institutions, and they are treated as such in this guide. Only the Appeal Side is discussed here; the Crown Side is dealt with in section I, under the Court(s) of King's/Queen's Bench.

Establishment and Jurisdiction

An Appeal Side of the Court of Queen's Bench was established in the judicial reorganization of 1849. The Appeal Side of the Court had appellate jurisdiction over all appeals and removals from the lower courts, unless these were specifically directed to another court. As such, it assumed the jurisdiction of the Court of Appeals for Lower Canada. In 1857, the appellate jurisdiction of the Appeal Side of the Court was extended to judgements of the Crown Side of the Court, the Courts of Oyer and Terminer, and the Courts of Quarter Sessions, in all criminal cases; and to judgements of the Circuit Court in any district and in the Magdalen Islands in civil cases involving sums over £25, or affecting future rights.

Composition and Sessions

The Appeal Side of the Court was initially held by any three Judges of the Court of Queen's Bench. From 1851, the Appeal Side of the Court could be held by Judges of the Superior Court if Judges of the Court of Queen's Bench were unavailable. And from 1857, the Appeal Side of the Court was held by four Judges of the Court of Queen's Bench.

The Appeal Side of the Court initially had four terms annually, held alternately at Quebec City and Montreal. However, from 1857, the Court had four terms annually at Quebec City and Montreal respectively.

Revision

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

Legislation

12 Victoria c.37 (1849) (in force with amendments 1849-)
Establishing an Appeal Side of the Court of Queen's Bench.

14&15 Victoria c.88 (1851) (in force 1851-)
Allowing the Court to be held by Judges of the Superior Court.

20 Victoria c.44 (1857) (in force 1857-)
Modifying the composition, sessions, and jurisdiction of 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 2004-02-18