Constitutional Act

The constitutional Acte of 1791 is a law adopted by the British Parliament the June 10th 1791 which had as an main objective to satisfy the requests of the subjects Loyalistes having left the the United States following the Guerre of American independence of 1775 - 1783. The law, which contained 50 articles, brought the following changes to the institutional arrangement established in 1774 by the Acte of Quebec:

the Province of Quebec is divided into two distinct provinces: the Low-Canada and the High-Canada;

Each of the two provinces is seen allotting a legislative Assemblée elected as well as a council Législatif and a council Exécutif named by the General governor, representing British capacity in the colony;

High-Canada is under the administration of a Lieutenant governor named by the general governor whereas Low-Canada is under the direct administration of a representative of the general governor;

the legislative councils must be made up of at least seven members in High-Canada and of at least fifteen members in Low-Canada. The members are appointed for lives;

the legislative Parliament must be made up of at least sixteen members in High-Canada and of at least fifty members in Low-Canada;

the general governor is seen allotting the capacity to name the speaker of the legislative Parliament, to decide place and date of the elections and to approve or reject the adoption of the laws.

Some forecasts of the law allot grounds to the Protestant Churches , in the two provinces.

Fruit of a compromise aiming at maintaining the honesty of the French Canadians while adapting the immigrants loyal supporters, this law thus divided the territory of the Province of Quebec into two parts by using the Rivière of Outaouais like point of separation. The territory in the east of the river took the name of Low-Canada (southern of current Quebec) and the part western the name of High-Canada (southern of the current Ontario). High-Canada saw itself allotting entirely British colonial institutions, whereas the system making cohabit the English French civil law and criminal right in Low-Canada was maintained.

This law founded also parliamentarism of the British type, granting to certain landowners the privilege to take part in the election of the members of the legislative Parliament.

This law created, moreover, the system of the counties.

No matter what she answered part of the immediate requests of the subjects loyal supporters, the new constitutional law brought its batch of new political problems. Indeed, part of the people was now able to elect representatives being able, in their turn, to vote laws; but these laws were initially to be ratified by a legislative council (named by the Gouverneur). The governor of the province was to thereafter support it in his turn and had a right to veto on any bill submitted to the legislative Parliament.

External bond

Text of the constitutional Act creating Low-Canada

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