SHERIFFS

The office of Sheriff in England was older even than that of the Justices of the Peace, dating back to pre-Norman times. While medieval Sheriffs had the power to hold a number of courts, such as the Sheriff's Leet, by the eighteenth century their functions in the judicial system were confined to administration and enforcement, such as the serving of warrants and the seizure and sale of property for unpaid debts.⁽⁸¹⁾ The criminal jurisdiction granted them in Lower Canada from the late 1850s onwards was thus either a relative innovation, or a considerable reversion.

Establishment, Jurisdiction, Composition, Sessions, and Revision

From 1857, the Sheriff of any district other than those of Quebec and Montreal, along with the Deputy Sheriffs in the District of Gaspé, had summary jurisdiction over simple larceny committed by juvenile offenders. Beyond the summary nature of these hearings, the legislation did not specify how or when they were to be held. No appeal was allowed from the judgements of the Sheriffs.

From 1858, the criminal jurisdiction of the same Sheriffs and Deputy Sheriffs was extended to cases (regardless of the age of the offender) involving simple larceny, aggravated assault, assault on officers of justice, minors, and women, and keeping or frequenting bawdy houses. It thus mirrored part of the summary criminal jurisdiction exercised by two or more JPs, and by the Police Magistrates and Recorders in Montreal and Quebec City. The Sheriffs sat in the chefs-lieux of their district. Sheriffs in the new districts created as part of the judicial decentralization of 1857-1858 could exercise their criminal jurisdiction only once their district had been established for criminal matters. When the Sheriffs acted in such cases, they were often referred to as sitting in Sheriff's Court.

Legislation

20 Victoria c.29 (1857) (in force 1878-)
Giving the Sheriffs jurisdiction over simple larceny committed by juvenile offenders.

22 Victoria c.27 (1858) (in force 1858-)
Giving the Sheriffs jurisdiction over certain criminal matters.

Page content last updated 2023-12-05