Quebec (Province, 1763-1791). Court of King's Bench

• Court of King's Bench

With the establishment of the Court of King's Bench in 1764, it was provided that the Court should hold two sessions, or Terms, each year in Quebec, and to be presided over by a Chief Justice. In addition, for the more convenient administration of justice in the province, the Chief Justice was to hold a Court of Assize and General Gaol Delivery, once a year, in both Montreal and Trois-Rivieres as well. Appeals from the Court of King's Bench and the Courts of Assize could be made to the Governor and Council if the matter in contest was greater than 300 pounds. A further appeal from the Governor to the King and Council could be made if the matter in question was greater than 500 pounds.

An Ordinance passed in 1777 changed the jurisdiction of the Court of King's Bench to strictly criminal matters, and established that in addition to the two sittings of the Court in Quebec, two sittings should also take place each year in Montreal. Commissions of Assize and General Gaol Delivery could still be issued as required.

In 1791, the Constitutional Act was passed, which divided the Province of Quebec into the Provinces of Upper and Lower Canada. In doing so, the Act provided that all the laws in force prior to the division should continue as though the "Province of Quebec had not been divided", unless otherwise amended or repealed. As such, the Court of King's Bench continued as it had, with the same jurisdiction, until the passing of the Judicature Act of Ontario of 1794.

The Court of King's Bench originally had both civil and criminal jurisdiction, with authority to try all cases "agreeable to the Laws of England and to the Ordinances of the Province". An Ordinance of 1777, however, reorganized the court system in the province, and the Court of King's Bench became a court solely of criminal jurisdiction.

Ordinance, September 17, 1764

Ordinance, 1777, Chap. 5

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

2026-11-16: migrated to AtoM

Banks, Margaret A. Evolution of the Ontario Courts 1788-1981 (1983)

Zuber, The Honourable T.G. Report of the Ontario Courts Inquiry (1987)

Riddell, William. The Bar and the Courts of Upper Canada or Ontario (1928)

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

Archivist(s):
R. Anger