The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter II. Constitutional history of the provinces

Collection:: Economics Books

16 CONSTITUTIONAL HISTORY OF THE PROVINCES. tests, and the assembly though formally summoned never met’. The government therefore remained in the hands of the Governor and the Council. The The Council consisted of the Lieutenant-Governors of Council. aro treal and Three Rivers, the Chief Justice, and eight sthers chosen from the residents in the Province’. It pos- sessed legislative as well as executive powers: the Crown retaining the right to disallow all laws. Uncer- Great uncertainty prevailed as to what laws were actually tainty of in force in the Province. Some thought that the effect of the conquest and of the proclamation of the 7th Oct. 1763 was to establish the law of England in all its branches, ‘he French settlers maintained that the old Canadian laws cemained unrepealed, whilst some of the leading lawyers held that the result of the proclamation was to introduce the Criminal Law of England and to confirm the Civil Law of Canada. The Government of Quebec retained the above form .ntil 1774 when the English Parliament gave a new Con- stitution to the Province by an Act known as the Quebec path of Act®. Previous to the passing of this Act the Crown by and Wed. Order in Council had directed Attorney-General Thurlow derburne. 4 Qolicitor-Gieneral Wedderburne “to take into considera- kon several reports and papers relative to the laws and courts of judicature of Quebec and to the present defective mode of government in that Province and to prepare a plan of Civil and Criminal Law for the said Province and to make their several reports thereon.” On the reports made in pur- suance of these orders the Quebec Act was based. The mew constitution recognised the religion of the French population by relieving Catholics from the necessity of taking the test oath, and enacts that the English Criminal L Christie, 1. p. 50. 2 (farneau, 11. Pp. 87. 14 Geo. III. (i) c. 83, 4 Christie, 1. p. 27.

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