Ontario. Crown Office

• Crown Office

The Crown Office has its origins in the position of Clerk of King's Bench. This position was essentially established in 1794 with the passing of legislation creating the Court of King's Bench (alternately referred to as the Court of Queen's Bench during the reign of a Queen). Although no section exists within the Act which specifically states there should be such a Clerk, a table does exist which outlines the fees to be collected by this official. Later legislation dealing with the Court of Queen's Bench refers to this official as the Clerk of the Crown and Pleas.

As the court system in the Province expanded and changed to meet the needs of a growing population and an increasing caseload, so too did the Crown Office. In 1849, legislation was passed establishing the Court of Common Pleas. With this Act, provision was given for establishing a separate Clerk of the Crown and Pleas for this court, in addition to the Clerk of the Crown and Pleas for the Court of Queen's Bench.

Also forming part of the Crown Office was the Clerk of the Process, the Criminal Assize Clerk (beginning by 1851), along with various other junior clerks.

The Crown Office continued to exist until 1881 when the Ontario Judicature Act was passed. This Act created the Supreme Court, with its two branches - the High Court of Justice and the Court of Appeal. The former Courts of Chancery, Queen's Bench, and Common Pleas, each became a division of the new High Court of Justice at this time. With these changes, the Clerk of the Crown and Pleas for the Court of Queen's Bench and the Clerk of the Crown and Pleas for the Court of Common Pleas appear to have been replaced by a Registrar for the Queen's Bench Division and a Registrar for the Common Pleas Division. The other officials of the Crown Office continued to exist as officials of the High Court of Justice, eventually forming part the Central Office of the High Court by 1896.

The officials of the Crown Office were responsible for the administration of the superior courts of the Province of Ontario - the Court of Queen's Bench, the Court of Common Pleas, the Court of Chancery, and the Court of Appeal. As such, the clerks of the Crown Office were responsible for receiving the various fees and sums payable to the superior courts; for sealing, entering, filing and maintaining custody of writs; entering appearances; and for the filing of a variety of records and reports of the superior courts, including all declarations, pleas, demurers, recognizances, and writs of execution.

An Act to establish a Superior Court of Civil and Criminal Jurisdiction, and to regulate the Court of Appeal, Statutes of Upper Canada 1794, Chap. 2

An Act to repeal part of and amend the Laws now in force respecting the practice of His Majesty's Court of King's Bench in this Province, Statutes of Upper Canada 1822, Chap. 1

An Act to make further provision for the Administration of Justice, by the establishment of an additional Superior Court of Common Law and also a Court of Appeal, in Upper Canada, and for other purposes, Statutes of the Province of Canada 1849, Chap. 63

RAD: Rules for Archival Description, 2nd edn (2008)

2026-11-16: migrated to AtoM

Public Accounts of the Government of Ontario, 1845-1882

Canadian Almanac, 1848-1882

Agency not found in Canadiana Name Authorities, 1996-12-24

Archivist(s):
R. Anger