COURTS OF SPECIAL SESSIONS OF THE PEACE

Courts of Special Sessions of the Peace were further courts held by the Justices of the Peace, based largely on English precedent. The term "Special Sessions of the Peace" had no fixed meaning, although in some English counties, the Justices held "special" sessions between the regularly scheduled Courts of Quarter or General Sessions of the Peace to prevent delays in the administration of justice.⁽⁵⁷⁾ In Quebec and Lower Canada, the term "Special Sessions of the Peace" was generally applied to gatherings of the Justices of the Peace outside of the regular Courts of Quarter or Weekly Sessions of the Peace, and of greater importance than the petty sessions held by one or more Justices. Confusingly, the term referred both to formally established courts for the trial of criminal matters, and to meetings of the Justices dealing with such non-judicial matters as the administration of the roads acts and municipal government.⁽⁵⁸⁾ As well, the clerks of the courts sometimes used the term to refer to petty sessions that, for whatever reason, they considered specially important. However, it is only as formally established courts that they are dealt with here.

Establishment, Jurisdiction, Composition, Sessions, and Revision

In 1766, Courts of Special Sessions of the Peace were given jurisdiction over criminal matters involving contraventions against road regulations; they were held by three Justices of the Peace, with sessions every 2 months or oftener. Judgements of the Courts could not be appealed. Presumably, these Courts disappeared with the rest of the existing court system in 1775.

Legislation

6 George III March 27, 1766 (in force 1766-1775)
Giving Courts of Special Sessions of the Peace jurisdiction over contraventions against road regulations.

Establishment and Jurisdiction

From 1802, the Courts of Weekly Sessions of the Peace of Quebec City, Montreal, and Trois-Rivières could hold "Special Sittings" outside of the regular days established for these courts; these sittings came to be known as Special Sessions of the Peace. Although the legislation that initially established the Courts expired in 1816, they were mentioned again in 1817, when their judgements regarding police regulations could be appealed to the Courts of Quarter Sessions of the Peace. In Montreal at least, they appear to have continued functioning through the 1820s, and by the 1830s had become increasingly frequent, as the Weekly Sessions of the Peace became insufficient to deal with the growing number of prosecutions for minor crimes.

Between 1842 and 1852, the Courts of Special Sessions of the Peace, held by two Justices of the Peace as extensions of the Courts of Weekly Sessions of the Peace, continued as before. But at the same time, the sessions held by the Inspectors and Superintendents of Police, known between 1838 and 1842 as the "Police Court", also became known in the records as "Special Sessions of the Peace", although the legislation continued to refer to them as "Police Court". As these latter were separate courts, with a different jurisdiction and separate records, they are dealt with in a separate section. In 1851, however, the practical distinctions between these two types of "Special Sessions" were removed when the Inspectors and Superintendents of Police were given the same powers as two Justices of the Peace; and after 1852, it appears that only the Inspectors and Superintendents of Police held "Special Sessions of the Peace". Thereafter, the term becomes analogous with "Police Court" and is dealt with in that section.⁽⁵⁹⁾

Initially, the Courts had jurisdiction only over criminal matters involving contraventions of the police regulations. However, by the 1830s they appear to have assumed a more general jurisdiction, trying cases under the jurisdiction of either the Courts of Weekly Sessions of the Peace or two Justices of the Peace in petty sessions. From time to time, legislation also extended the jurisdiction of the Courts to a number of specific areas. Thus, from 1830 to 1838, "Special Sessions convened, and publicly held for that purpose" by two Justices of the Peace had jurisdiction over criminal matters involving reserve militiamen disobeying militia regulations; from 1831 to 1834, Courts of Special Sessions of the Peace held by one Justice of the Peace had jurisdiction over criminal matters involving contraventions of the fire regulations for Montreal; and from 1836 to 1849, "Special Sittings" of two Justices of the Peace had jurisdiction over criminal matters involving contraventions of the regulations regarding masters and servants.

Composition and Sessions

Under the initial 1802 legislation, the Courts were held by two Justices of the Peace, with sessions "which may be called for the purpose, where the matter may require a more prompt decision."

Revision

As extensions of the Courts of Weekly Sessions of the Peace, the Courts of Special Sessions of the Peace were subject to the same appeal provisions; as such, their judgements in cases involving certain offences could be appealed to the Courts of Quarter Sessions of the Peace.⁽⁶⁰⁾

Legislation

42 George III c.8 (1802) (in force 1802-1816)
Giving "Special Sittings" of the Courts of Weekly Sessions of the Peace jurisdiction over contraventions of the police regulations.

57 George III c.16 (1817) (in force 1817-)
Allowing appeals from Courts of Special Sessions of the Peace to the Courts of Quarter Sessions of the Peace in cases involving police regulations.

10&11 George IV c.3 (1830) (in force 1830-1838)
Giving "Special Sessions" jurisdiction over contraventions of militia regulations.

1 William IV c.30 (1831) (in force 1831-1834)
Giving Courts of Special Sessions of the Peace jurisdiction over contraventions of the fire regulations for Montreal.

6 William IV c.27 (1836) (in force 1836-1849)
Giving "Special Sittings" jurisdiction over contraventions of the regulations regarding masters and servants.

Page content last updated 2004-02-18