THE COURT STRUCTURE OF QUEBEC AND LOWER CANADA, 1764 TO 1860
Table of contents     Title page     E-mail author
COURT PROFILES

TRINITY HOUSES

The Trinity Houses of Quebec and Montreal were corporate institutions established to regulate inland shipping on the St. Lawrence River. While their functions were largely administrative, including such matters as the licensing of pilots, they also held some judicial functions.

Establishment and Jurisdiction

In 1805, wardens of the newly established Trinity House of Quebec assumed jurisdiction over criminal matters arising on the St. Lawrence River from Quebec City to Upper Canada involving navigation offences, and civil matters involving disputes between pilots, masters, and apprentices concerning wages and apprenticeship contracts. In 1832, the wardens of the newly established Trinity House of Montreal assumed jurisdiction over such matters arising on the St Lawrence River from Pointe-au-Lac to Upper Canada, and the jurisdiction of the wardens of the Trinity House of Quebec was restricted to matters arising between Quebec City and Pointe-au-Lac. The provisions regarding the jurisdiction of the wardens of the Trinity House of Montreal were re-enacted in 1839 and 1849, and those for the Trinity House of Quebec in 1849.

Composition and Sessions

The jurisdiction of the Trinity House of Quebec was exercised by any three wardens. The jurisdiction of the Trinity House of Montreal was initially exercised by any four wardens, but from 1839, its jurisdiction could be exercised by any three wardens. There were no fixed sessions.

Revision

Judgements of the wardens in civil cases involving sums over £20 could be appealed to the Court of King's Bench of the same district. From 1849, judgements of the wardens of the Trinity House of Quebec in criminal cases where a penalty of over £5 was imposed on a pilot, or over £10 on other persons, could be appealed to the Superior terms of the Court of Queen's Bench of the District of Quebec; this was presumably transferred to the Superior Court on the establishment of that court in 1849.

Legislation

45 George III c.12 (1805) (in force with amendments 1805-1849)
Giving the wardens of the Trinity House of Quebec jurisdiction over certain matters relating to navigation.

2 William IV c.24 (1832) (in force 1832-1837)
Giving the wardens of the Trinity House of Montreal jurisdiction over certain matters relating to navigation, and modifying the jurisdiction of the wardens of the Trinity House of Quebec.

2 Victoria (3) c.19 (1839) (in force 1839-1849)
Re-enacting the provisions regarding the jurisdiction of the Trinity House of Montreal, and allowing its jurisdiction to be exercised by three wardens.

12 Victoria c.114 (1849) (in force 1849-)
Re-enacting the provisions regarding the jurisdiction of the Trinity House of Quebec, and allowing for appeal to the Superior terms of the Court of Queen's Bench in certain cases.

12 Victoria c.117 (1849) (in force 1849-)
Re-enacting the provisions regarding the jurisdiction of the Trinity House of Montreal.


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