94 THE ROYAL SOCIETY OF CANADA 



justice and giving satisfaction to the Canadians, which is to continue 

 the laws of England with respect to criminal matters, but to revive 

 the whole body of the French laws which were in use there before the 

 Conquest with respect to civil matters."^ 



This suggestion was adopted by the Government of the day: 

 and the Bill contained provisions to that effect. In the House of 

 Commons, there was much opposition to the reintroduction of the 

 French civil law. Townshend said it deprived "many British-born 

 subjects ... of the dearest birth-rights of Britons." Dunning 

 asked "Where is the Englishman who would not fall into an agony 

 if he understood that he was to be deprived of" the English law? 

 Mr. Mackworth moved that a clause should be introduced "that in 

 all trials relating to property and civil rights where the value shall 

 exceed a certain sum either of the parties may demand a trial by jury 

 constituted according to the laws of England." 



In the result, however, the Government carried their Bill in 

 which as Lord North said "there were the fewest inconveniences, 

 the civil law of France being left to the Canadians", but the criminal 

 law remaining unchanged.^ 



The Act as passed provided "that in all matters of controversy 

 relative to Property and Civil Rights, resort shall be had to the Laws 

 of Canada as the Rule for the Decision of the same." But considering 

 "the certainty and lenity of the Criminal Law of England and the 

 benefits and advantages resulting from the use of it," it was con- 

 tinued in full force.^ 



The agitation against the Quebec Act continued as fierce for 

 long after as before its enactment; but the immigration of the 

 United Empire Loyalists induced the Mother Country to form 

 two Provinces instead of one, and this in turn abolished the 

 French Canadian law in a large part of Canada. These immigrants 

 had been accustomed to English law: and it was thought well to 

 divide the Colony and to give each section the right to determine for 

 itself the system of law under which it would live. The Constitutional 

 Act effected this: and by the first Act of its first Parliament, Upper 

 Canada enacted that "in all matters of controversy relative to property 

 and civil rights resort shall be had to the laws of England as the rule 

 for the decision of the same"; the second Act provided for trial by 

 jury." 



iShortt & Doughty, pp. 121, 128, 150, 252, 258. 



2 17 Hansard pp. 1358, 1359, 1360, 1361, 1394. 



3 Shortt & Doughty, p. 404. 



M1792)32,GeorgeIII,C. 1,S. 3(U.C.): (1792) 32 George III, C. 2, S. 1 (U.C.). 



