Omar Bennett
The Constitution Act of 1791, also known as the Canada Act, was an act of the British Parliament that divided the Province of Quebec into Upper Canada (present-day Ontario) and Lower Canada (present-day Quebec), with each colony having its own administration. The Act also granted voting rights to women who owned property in Lower Canada, although this was not always applied in practice. Additionally, the Act attempted to establish an official church by setting aside clergy reserves, which were lands allocated to support the Protestant Church of England.
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What You'll Learn
Division of the Province of Quebec
The Constitutional Act of 1791 was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada, each with its own parliament and government. The Act came into effect on December 26, 1791, and was a significant development in the reorganization of British North America. This division was justified by the need to accommodate the influx of Loyalist settlers, around 10,000 United Empire Loyalists, who had arrived following the American Revolution. The Loyalist settlers sought representative institutions and English common law, which contrasted with the French-speaking population in Quebec.
The division of the Province of Quebec was one of the four main objectives of the Constitutional Act. The Act aimed to guarantee the same rights and privileges enjoyed by other subjects in British North America, ease the financial burden on Britain's treasury by granting colonial assemblies tax-levying powers, and strengthen political dependency by addressing the weaknesses of previous colonial governments. This included enhancing the authority of the governor as a representative of the Crown and limiting the powers of elected assemblies through the creation of independent legislative councils.
The western half of the Province of Quebec, a largely unpopulated area, became Upper Canada (present-day southern Ontario). Upper Canada received English law and institutions and favoured British settlement. On the other hand, the eastern half became Lower Canada (present-day southern Quebec) and retained French civil law, including seigneurial land tenure and privileges for the Roman Catholic Church. Lower Canada was considered by the French-speaking population as their own province, separate from English-speaking Upper Canada.
The Constitutional Act had significant consequences for the political and legal landscape of the region. It established separate legislatures and governments for Upper and Lower Canada, marking the first step towards Confederation. However, the Act failed to establish responsible government and contributed to political conflict due to the unequal distribution of financial powers between appointed councils and elected assemblies. This power imbalance led to the rebellions of 1837-1838 in both Upper and Lower Canada.
The Constitutional Act also had notable impacts on suffrage and religious matters. Women of property in Lower Canada gained the right to vote, a progressive measure for that era. However, this right was not always practised, and it was eventually revoked in 1849. Additionally, the Act attempted to establish an Anglican clergy reserve system, granting one-seventh of the territory's land for the support of the Protestant Church of England, which created difficulties in later years and contributed to resentment among French Canadians and the Roman Catholic Church.
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Formation of Upper and Lower Canada
The Constitutional Act of 1791 was an act of the British Parliament that divided the old Province of Quebec into Upper Canada and Lower Canada, each with its own parliament, government, and constitution. The Act came into effect on December 26, 1791, and was an attempt to accommodate the increased population in Canada after the American Revolution, including the 10,000 United Empire Loyalists who had arrived from the United States.
The creation of Upper and Lower Canada was justified by the need to strengthen the bonds of political dependency and to remedy the acknowledged constitutional weaknesses of previous colonial governments. This involved boosting the authority and prestige of the governor by making him a true representative of the Crown, as well as limiting the powers of the elected assemblies by creating independent legislative councils made up of appointed members modelled on the British House of Lords.
The Constitutional Act of 1791 also attempted to establish an official religion by forming the clergy reserves, which were grants of land reserved for the support of the Protestant Church of England. Income from the lease or sale of these reserves, which constituted one-seventh of the territory of Upper and Lower Canada, went exclusively to the Church of England and, later, in a complex ratio, to the Presbyterian Church of Scotland.
The Act had four main objectives:
- To guarantee the same rights and privileges that were enjoyed by other subjects in British North America;
- To give colonial assemblies the right to levy taxes to pay for local civil and legal administration, thus easing the burden on Britain's treasury;
- To justify the division of the Province of Quebec into separate colonies (Upper and Lower Canada) and
- To strengthen the bonds of political dependency by fixing the constitutional weaknesses of previous colonial governments.
The Constitutional Act of 1791 was repealed by the Union Act of 1840, which merged Lower Canada and Upper Canada into the new Province of Canada. However, some provisions relating to the clergy reserves remained in force until they were finally repealed in 1966.
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Rights and privileges for British North Americans
The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that divided the Province of Quebec into Upper Canada (now Ontario) and Lower Canada (now Quebec). Each colony was given its own constitution and administration.
The Act had four main objectives, one of which was to guarantee British North Americans the same rights and privileges enjoyed by other subjects in British North America. This included the right to levy taxes to pay for local civil and legal administration, thus easing the burden on Britain's treasury.
The Act also attempted to create an established church by forming the clergy reserves, that is, grants of land reserved for the support of the Protestant Church of England. Income from the lease or sale of these reserves, which constituted one-seventh of the territory of Upper and Lower Canada, went exclusively to the Church of England and, later, in a complex ratio, to the Presbyterian Church of Scotland.
The Act also granted women who owned property in Lower Canada the right to vote, although this was not always applied in practice. Between 1791 and 1849, women voted in about 15 districts in Lower Canada. In 1849, a bill was passed that removed women's right to vote.
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Taxation rights for colonial assemblies
The Constitution Act of 1791 was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada, each with its own colonial administration and parliament. The Act was passed during the reign of George III and received royal assent in June 1791, coming into effect on December 26 of the same year.
One of the main objectives of the Act was to give colonial assemblies the right to levy taxes for local civil and legal administration, thereby easing the financial burden on Britain's treasury. This marked a shift in taxation rights, as colonial assemblies could now impose taxes to fund their local governments. Prior to the Act, taxation powers were likely held by the British government, which imposed taxes on the colonies to fund imperial endeavours and administration.
The taxation rights granted to colonial assemblies under the Constitution Act of 1791 were intended to provide colonial governments with greater financial autonomy and the ability to self-govern. By empowering colonial assemblies to levy taxes, the Act aimed to address the financial burden on Britain's treasury, which had been supporting colonial administration. This transfer of taxation powers represented a recognition of the growing economic capabilities and responsibilities of colonial assemblies in managing their local affairs.
However, it is important to note that the Act's distribution of financial powers, including taxation rights, contributed to political conflict. The Act granted more financial authority to appointed councils than to the elected assemblies, creating tensions that led to the rebellions of 1837-1838 in Upper and Lower Canada. The taxation rights granted to colonial assemblies under the Constitution Act of 1791 thus had both intended and unintended consequences, shaping the economic and political landscape of colonial Canada.
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Strengthened political bonds with Britain
The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada, each with its own parliament and government. This act was a significant step towards strengthening the political bonds between Britain and its colonies in North America.
Firstly, the Act aimed to assimilate the constitutions of the colonies with that of Britain. By creating separate administrations for Upper and Lower Canada, the Act enabled the establishment of colonial governments that mirrored the British system. This included boosting the authority of the governor as a representative of the Crown, similar to the British monarch's role.
Secondly, the Act addressed the issue of financial burden on Britain's treasury by granting colonial assemblies the right to levy taxes for local civil and legal administration. This not only eased the financial strain on Britain but also provided the colonies with a degree of fiscal autonomy, allowing them to manage their local affairs more effectively.
Thirdly, the Act attempted to strengthen the bonds of political dependency by addressing the weaknesses of previous colonial governments. This was achieved by limiting the powers of the elected assemblies and creating independent legislative councils composed of appointed members. These councils, modelled on the British House of Lords, were devoted to the interests of the Crown, ensuring that colonial governance remained closely aligned with British rule.
Additionally, the Act attempted to establish an official church by forming the clergy reserves. One-seventh of the territory of Upper and Lower Canada was set aside for the support of the Protestant Church of England, with income from these lands going exclusively to the church. This provision further linked the colonies to Britain by promoting the establishment of the Church of England in North America.
The Constitutional Act of 1791 played a pivotal role in reshaping the political landscape of British North America, solidifying the connection between the colonies and the British Crown. While the Act had its flaws and contributed to future conflicts, it marked a significant step towards strengthening the political bonds between Britain and its colonies in the region.
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