The Constitutional History of Canada

Cover The Constitutional History of Canada
The Constitutional History of Canada
Samuel James Watson
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Pap. , pp. 447, 448.
CHAPTER XI.
REVIVAL OF THE FRENCH LAWS. NATURE OF THESE LAWS.
National prepossession should never be allowed to sup- press truth or to cloak fact. And it is both truth and fact to say that the administration of justice was the one bright and laudable characteristic of the French rule in Canada.
The Great Ordinance of the 17th of September, 1764, introduced at once into Canada all the civil and criminal laws of England. In the wording of the Ordinance it was assumed that, "
...in the Supreme Court sitting at Quebec, his Britannic Majesty was present in the person of his Chief Justice, having full power to determine all civil and criminal cases, agreeably to the laws of England and to the ordinances of this Province. " But there were British legists, even in those days, who contended, with the weapons of constitutional precedent, that this " sudden and violent act of legislation " was void and illegal, and that, of right, the French laws should have remained in force in Canada.

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