44:
408:
Lord Durham had not recommended this approach, and had instead proposed that the representation should be based on the respective populations of the two regions. The
British government rejected that recommendation and instead implemented equal representation, apparently to give the English-speaking population of the new province a dominant voice in the provincial government, furthering the goal of assimilating the French-speaking population.
504:, with the members of the Executive Council responsible to the Parliament, the British government rejected this proposal. Control of the executive initially remained with the Governor General. There was an Executive Council, appointed by the Governor General, but the Governor General was not required to act on their advice. He retained the ability to exercise executive powers on his own initiative alone.
474:
central location in the electoral district. Voters would come to the polling location, and would publicly vote for the candidate of their choice, which would be recorded by the poll clerk in a poll book against the voters' names. The returning officer would declare the candidate with the most votes to be elected. The returning officer for each electoral district would send a return of the writ to the
534:
in Canada West favoured the power of the
Governor General, appointed by the British government and taking instructions from Britain. Their opponents, known by various names such as Reformers, Parti patriote, and Groupe canadien-français, argued for local control of the government, under the system of
525:
Candidates at this time would be loosely affiliated in early political parties, but party structure was not strong, and there were different party groups in Canada East and Canada West. In the early years of the new
Province, the major political debate was over local control of the government. Groups
512:
The
Governor General had the power to grant assent to bills passed by the Legislative Assembly and Legislative Council, to refuse assent, or to reserve a bill for consideration by the monarch. If a bill was reserved, it was forwarded to London, where the government would decide if the bill should be
445:
Only male
British subjects (by birth, naturalisation or by conquest and cession), aged 21 and older, were eligible for election to the Legislative Assembly. Members of the clergy, whether Protestant or Roman Catholic, were barred from election to the Legislative Assembly, as were individuals who had
407:
The
Legislative Assembly was required to have equal representation from Canada East and Canada West, even though the population of Canada East was considerably larger. In 1840, the population of Canada East was estimated at 670,000, while the population of Canada West was estimated to be 480,000.
473:
Elections for the
Legislative Assembly were initiated by issuance of writs for election, one to each electoral district. The elections were conducted in each electoral district by a local returning officer. If more than one candidate was nominated, the returning officer would conduct a poll at a
516:
Even if the
Governor General granted assent, the British government retained the power to disallow a law. All acts had to be sent to the Colonial Office after the Governor General granted assent. The British government could advise the monarch to disallow an Act, at any time up to two years after
449:
Members of the
Legislative Assembly had to meet a property qualification, which was considerably higher than the property qualification for voting. They were required to own real estate of a net value of five hundred pounds sterling, over and above all rents, charges, mortgages and encumbrances.
428:
The right to vote in elections to the
Legislative Assembly was restricted to male British subjects (by birth, naturalisation or by conquest and cession), aged 21 and older. They were also required to meet a property qualification. In rural areas, only the owners of land of a net yearly value of
461:
Members of the Legislative Council were required to be 21 years old or over, and a British subject, by birth or naturalisation. The Governor General appointed the members of the Legislative Council, who held office for life, unless a member resigned or the seat was declared vacant by reason of
491:
The Parliament was to be summoned by the Governor General at least once per year. Elections of the Legislative Assembly were to occur every four years, subject to earlier dissolution by the Governor General. The Governor General also retained the power to prorogue the Parliament.
664:
held that such bodies cannot have "provincial objects" and only the Parliament of Canada had power to deal with such acts. It has been held that this restriction exists for any Act applying equally to Upper and Lower Canada, which became problematic when the
437:, or to those who rented their dwelling house at an annual rate of ten pounds sterling and had lived in the town or township for at least one year before the election. Individuals who had been convicted of treason or a felony were excluded from voting.
958:
Return of the names of Gentlemen summoned to the Legislative Council of Canada, by writs issued by His Excellency the Governor-General of Canada, bearing date the ninth day of June, instant, pursuant to Mandamus, dated the eleventh day of May, last
600:
on 1 July 1867, the Parliament of the Province of Canada ceased to exist. Because the new country of Canada was a federation, the Parliament's powers were divided between levels of government. Its section 91 powers were assigned to the current
411:
The Act did not determine the size of the Legislative Council, simply providing that it had to consist of at least twenty members, who were appointed for life. In his initial appointments, Lord Sydenham appointed twenty-four members.
513:
allowed to come into force. The British Cabinet would advise the monarch whether to grant or withhold royal assent. If the monarch granted assent, the bill came into force. If royal assent was denied, the bill never became law.
404:. The new parliament had the general power to legislate for the "Peace, Welfare, and good Government of the Province of Canada", provided Canadian laws did not conflict with British statutes which applied to the Province.
793:, but it could pass a concurrent statute for regulating liquor traffic within the Province. However, it has also been held that the Parliament of Canada could not repeal that Act with respect only to Ontario.
1261:
699:
517:
receipt of the Act. If an Act was disallowed, it ceased to have effect from the date the Governor General advised the Legislative Assembly and the Legislative Council of the disallowance.
1298:
1204:
An Act to amend the laws in force respecting the Sale of Intoxicating Liquors and the issue of Licenses therefor, and otherwise for repression of abuses resulting from such sale
433:
or higher were entitled to vote. In towns and townships, the right to vote was restricted to those who owned a dwelling house and land of a yearly value of at least five
1235:
The Attorney General for Ontario v The Attorney General for the Dominion of Canada, and the Distillers and Brewers’ Association of Ontario (The "Local Prohibition Case")
1288:
397:
377:
219:
77:
685:
401:
215:
73:
353:
1203:
757:
752:
747:
742:
737:
732:
727:
722:
589:
583:
577:
571:
565:
559:
553:
547:
201:
1283:
1243:
1173:
661:
621:
The Parliament is noteworthy for its efforts in codifying the law, generally with respect to the statute law in 1859, with the enactment of the
1293:
364:
into a single province, with a single parliament. The parliaments of Lower Canada and Upper Canada were abolished. Lower Canada was renamed
692:
349:
372:, but the two regions were administrative divisions only. They did not have separate governments. The Union had been recommended by
878:, January 31, 1839; re-printed, with an introduction by Sir Charles Lucas (Oxford: Clarendon Press, 1912), Vol. 2, pp. 307-308.
135:
786:
475:
393:
175:
446:
been convicted of treason or a felony. Members of the Legislative Council could not be members of the Legislative Assembly.
453:
Before taking their seats, members of the Legislative Assembly had to swear an oath of allegiance to the British monarch.
465:
Before taking their seats, members of the Legislative Council had to swear an oath of allegiance to the British monarch.
381:
43:
420:
The first election was governed by the election laws in force in Upper Canada and in Lower Canada prior to the union.
1151:
1137:
1123:
1109:
990:
860:
814:
635:
267:
139:
90:
912:
1263:
The Harmonization of Federal Legislation with the Civil Law of the Province of Quebec and Canadian Bijuralism
642:
Several effects of actions taken by the Parliament can still be felt to the present day. Under s. 129 of the
430:
263:
1234:
1187:
644:
597:
501:
276:
610:
606:
157:
153:
1218:
671:
602:
149:
17:
927:
874:
339:
303:
271:
956:
839:
344:
289:
257:
244:
1256:
Leclair, Jean (1999). "Thoughts on the Constitutional Problems Raised by the Repeal of the
961:, Office of the Clerk of the Crown in Chancery, Kingston, 14th June, 1841. Printed in the
434:
1239:
1169:
677:
657:
531:
527:
656:
to amend or repeal Acts of the former Province of Canada. Where such an Act created a
1277:
361:
357:
323:
311:
1166:
Rev. Robert Dobie v The Board for Management of the Presbyterian Church of Canada
373:
369:
365:
319:
307:
61:
500:
Although Lord Durham had recommended that the British government institute
649:
315:
653:
396:, represented by the Governor General; the elected lower house, the
327:
356:, effective February 10, 1841. The Act united the two provinces of
845:
Journal of the Legislative Assembly of the Province of Canada, 1841
818:
3 & 4 Vict., c. 35 (UK); re-printed RSC 1985, App. II, No. 4.
648:, limits have been placed on the ability of the legislatures of
681:
963:
Journal of the Legislative Council of the Province of Canada
876:
Lord Durham's Report on the Affairs of British North America
605:, while its section 92 powers were assigned to the current
940:
938:
543:
The Parliament was convened eight times in its history:
342:
was created by an Act of the British Parliament, the
713:
282:
254:
241:
236:
226:
208:
194:
182:
168:
163:
145:
131:
116:
101:
96:
83:
69:
55:
50:
32:
1266:. Ottawa: Department of Justice. pp. 347–394.
1223:. Toronto: The Carswell Company. pp. 162–163.
27:Legislature for the Province of Canada (1841–1867)
1189:A short treatise on Canadian constitutional law
535:responsible government used in Britain itself.
596:Following the Province of Canada's entry into
378:Report on the Affairs of British North America
1192:. Toronto: The Carswell Company. p. 189.
693:
8:
1299:1867 disestablishments in the British Empire
1031:
1029:
1016:
1014:
986:
984:
785:, RJQ 24 SC 304, where it was held that the
189:Governor General of the Province of Canada
1058:
1056:
462:absence or adherence to any foreign power.
700:
686:
678:
441:Qualification for the Legislative Assembly
42:
29:
457:Qualification for the Legislative Council
633:; and especially for the passage of the
590:8th Parliament of the Province of Canada
584:7th Parliament of the Province of Canada
578:6th Parliament of the Province of Canada
572:5th Parliament of the Province of Canada
566:4th Parliament of the Province of Canada
560:3rd Parliament of the Province of Canada
554:2nd Parliament of the Province of Canada
548:1st Parliament of the Province of Canada
202:Joint Premiers of the Province of Canada
89:Four years from election, unless sooner
1172:, 7 App Cas 136 (21 January 1882),
806:
775:
662:Judicial Committee of the Privy Council
384:in both Lower Canada and Upper Canada.
348:, which was proclaimed in force by the
1217:Lefroy, Augustus Henry Frazer (1913).
1186:Lefroy, Augustus Henry Frazer (1918).
856:
854:
660:operating in the former Province, the
631:Consolidated Statutes for Upper Canada
627:Consolidated Statutes for Lower Canada
1289:Parliaments of the Province of Canada
708:Parliaments of the Province of Canada
508:Reservation and disallowance of bills
400:, and the appointed upper house, the
34:Parliament of the Province of Canada
18:Legislature of the Province of Canada
7:
392:The new Parliament consisted of the
300:Parliament of the Province of Canada
220:Speaker of the Legislative Assembly
216:Speaker of the Legislative Council
36:Parlement de la Province du Canada
25:
913:"Province of Canada (1841-67)",
306:, made up of the two regions of
623:Consolidated Statutes of Canada
368:, and Upper Canada was renamed
350:Governor General of the Canadas
136:Special Council of Lower Canada
1284:Defunct bicameral legislatures
787:Legislative Assembly of Quebec
476:Clerk of the Crown in Chancery
1:
1294:1841 establishments in Canada
1246: (on appeal from Canada)
1242:, AC 348 (9 May 1896),
1176: (on appeal from Quebec)
416:Elections and Qualifications
302:was the legislature for the
994:, 31 Geo. III, c. 31 (U.K.)
388:Structure of the Parliament
105:February 10, 1841
1315:
1258:Civil Code of Lower Canada
758:8th Parliament (1863–1867)
753:7th Parliament (1861–1863)
748:6th Parliament (1858–1861)
743:5th Parliament (1854–1857)
738:4th Parliament (1851–1854)
733:3rd Parliament (1848–1851)
728:2nd Parliament (1844–1847)
723:1st Parliament (1841–1844)
667:Civil Code of Lower Canada
636:Civil Code of Lower Canada
609:(for Canada West) and the
334:Creation of the Parliament
275:Adult male franchise with
268:First-past-the-post voting
140:Parliament of Upper Canada
789:was unable to repeal the
287:
41:
1207:, S.Prov.C. 1864, c. 18
1021:Constitutional Act, 1791
1006:Constitutional Act, 1791
992:Constitutional Act, 1791
482:Parliamentary government
232:Legislative Assembly: 84
230:Legislative Council: 24
184:Monarch's Representative
1220:Canada's Federal System
965:, June 14, 1841, p. 13.
530:in Canada East and the
382:Rebellions of 1837–1838
264:Single-member districts
1240:[1896] UKPC 20
1099:Union Act, 1840, s. 7.
645:Constitution Act, 1867
598:Canadian Confederation
502:responsible government
277:property qualification
120:July 1, 1867
1170:[1882] UKPC 4
915:Canadian Encyclopedia
611:Legislature of Quebec
607:Parliament of Ontario
487:Sittings and duration
380:, in response to the
256:Legislative Assembly
158:Legislature of Quebec
154:Parliament of Ontario
929:Lord Durham's Report
843:, February 5, 1841,
791:Temperance Act, 1864
672:Civil Code of Quebec
669:was replaced by the
603:Parliament of Canada
539:Legislative Sessions
496:Executive government
469:Conduct of elections
398:Legislative Assembly
243:Legislative Council
150:Parliament of Canada
78:Legislative Assembly
613:(for Canada East).
402:Legislative Council
210:Legislative leaders
196:Heads of government
74:Legislative Council
1036:Constitutional Act
340:Province of Canada
304:Province of Canada
272:Open ballot system
766:
765:
521:Political parties
345:Act of Union 1840
296:
295:
290:Act of Union 1840
250:Life appointments
146:Succeeded by
16:(Redirected from
1306:
1268:
1267:
1253:
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1231:
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1224:
1214:
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892:
886:
880:
872:
866:
858:
849:
837:
831:
825:
819:
811:
794:
783:Ex parte O'Neill
780:
702:
695:
688:
679:
132:Preceded by
127:
125:
112:
110:
46:
30:
21:
1314:
1313:
1309:
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1307:
1305:
1304:
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1228:
1216:
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1201:
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1185:
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1164:
1160:
1153:Union Act, 1840
1150:
1146:
1139:Union Act, 1840
1136:
1132:
1125:Union Act, 1840
1122:
1118:
1111:Union Act, 1840
1108:
1104:
1097:
1093:
1087:Union Act, 1840
1085:
1081:
1075:Union Act, 1840
1073:
1069:
1063:Union Act, 1840
1061:
1054:
1048:Union Act, 1840
1046:
1042:
1034:
1027:
1019:
1012:
1004:
1000:
989:
982:
976:Union Act, 1840
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945:Union Act, 1840
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926:
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911:
907:
901:Union Act, 1840
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889:Union Act, 1840
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883:
873:
869:
862:Union Act, 1840
859:
852:
838:
834:
828:Union Act, 1840
826:
822:
815:Union Act, 1840
812:
808:
803:
798:
797:
781:
777:
772:
767:
762:
709:
706:
619:
592:1863–1866
586:1861–1863
580:1858–1861
574:1854–1857
568:1852–1854
562:1848–1851
556:1844–1847
550:1841–1843
541:
523:
510:
498:
489:
484:
471:
459:
443:
435:pounds sterling
426:
418:
394:British monarch
390:
336:
274:
270:
266:
260:
247:
231:
222:
218:
211:
204:
197:
190:
185:
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176:British Monarch
171:
156:
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138:
123:
121:
108:
106:
86:
76:
65:
64:
37:
35:
28:
23:
22:
15:
12:
11:
5:
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1286:
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1269:
1248:
1226:
1209:
1195:
1178:
1158:
1144:
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1091:
1079:
1067:
1052:
1040:
1025:
1010:
998:
980:
968:
949:
934:
931:, pp. 323-324.
920:
905:
893:
881:
867:
850:
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796:
795:
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711:
710:
707:
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682:
658:body corporate
618:
615:
594:
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587:
581:
575:
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557:
551:
540:
537:
532:Family Compact
528:Chateau Clique
522:
519:
509:
506:
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488:
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483:
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14:
13:
10:
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2:
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1199:
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776:
769:
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749:
746:
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741:
739:
736:
734:
731:
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721:
720:
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703:
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424:Right to vote
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375:
371:
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354:Lord Sydenham
351:
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258:voting system
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245:voting system
240:
235:
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221:
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207:
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193:
187:
181:
177:
173:
170:Head of state
167:
162:
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144:
141:
137:
134:
130:
119:
115:
104:
100:
95:
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88:
82:
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68:
63:
58:
54:
49:
45:
40:
31:
19:
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1229:
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1035:
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991:
975:
971:
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952:
944:
928:
923:
914:
908:
900:
896:
888:
884:
875:
870:
861:
844:
841:Proclamation
840:
835:
827:
823:
813:
809:
790:
782:
778:
714:
670:
666:
643:
641:
634:
630:
626:
622:
620:
595:
542:
526:such as the
524:
515:
511:
499:
490:
472:
464:
460:
452:
448:
444:
427:
419:
410:
406:
391:
362:Upper Canada
358:Lower Canada
343:
337:
324:Lower Canada
312:Upper Canada
299:
297:
288:
283:Constitution
847:, pp. v-vi.
715:Parliaments
374:Lord Durham
370:Canada West
366:Canada East
320:Canada East
308:Canada West
85:Term limits
1278:Categories
801:References
629:, and the
322:(formerly
310:(formerly
164:Leadership
124:1867-07-01
109:1841-02-10
639:in 1866.
431:shillings
237:Elections
117:Disbanded
91:dissolved
62:Bicameral
1155:, s. 38.
1127:, s. 40.
1113:, s. 31.
1065:, s. 37.
1050:, s. 28.
1023:, s. 20.
1008:, s. 23.
996:, s. 22.
978:, s. 27.
903:, s. 12.
326:, later
314:, later
1141:, s. 37
1077:, s. 5.
1038:, s. 21
947:, s. 4.
891:, s. 3.
864:, s. 2.
830:, s. 1.
650:Ontario
376:in his
316:Ontario
122: (
107: (
102:Founded
97:History
1089:, s. 6
654:Quebec
625:, the
617:Legacy
429:forty
328:Quebec
318:) and
70:Houses
1238:
1168:
770:Notes
227:Seats
1244:P.C.
1174:P.C.
959:past
652:and
360:and
338:The
298:The
56:Type
51:Type
1260:".
330:).
1280::
1055:^
1028:^
1013:^
983:^
937:^
853:^
675:.
478:.
352:,
917:.
701:e
694:t
687:v
126:)
111:)
20:)
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