September 18, 2012
- The Supremacy of Parliament: England
o 1688 English Bill of Rights
The king of England, aided by his ministers, had to rule through annual
meetings of Parliament.
Parliament was to exercise control over his financial means, and hence
over the scope of royal policies.
o Royal Proclamation, 1763
Formation of first parliament in the Canadas.
English law would replace pre-existing French civil law.
o Royal Proclamation and Aboriginal Rightttsss
1768, a conference was held at Fort Stanwix, New York, to fix the
boundaries of the reserved hunting grounds provided for the in the
Royal Proclamation between all sides of the covenant chain.
The Iroquois thanked the British for “polishing the chain.”
o Royal Proclamation
Today, it is used to determine the legal character of aboriginal land
Sparrow (1990) and Delgamuukw (1997)
o The Quebec Act, 1774
Creation of limited civil government (appointed by the Crown) in the
province of Quebec.
Unelected governor and council.
Reinstatement of the civil law.
Includes rules of landholding, marriage, inheritance and trade and
Provides for continued use of the Seigneurial System.
Some religious rights for Catholic majorities in Quebec.
Outrage in the “thirteen colonies” – one factor in the American
o Constitution Act, 1791
Immigration of British Loyalists.
Pushed for more representative government by settlers: new system for
the tenure of the land (and end to the Seigneurial system).
Divides Quebec into two colonies:
Divides Quebec into two colonies
o Upper (Common Law) and Lower Canada (Civil)
Power was vested in the Lieutenant Governor.
To create a law, a bill requires the approv