Isabella Carter
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 and Lower Canada. The Act was a response to the influx of thousands of Loyalists seeking refuge in British North America following the American Revolution. The primary goal of the Act was to 'assimilate' the constitutions of the colonies to that of Britain, guaranteeing the same rights and privileges as other British subjects in North America. It established separate colonial governments for Upper and Lower Canada, each with its own parliament, administration, and legal system, giving them greater control over their local affairs. The Act also had significant implications for voting rights and religious institutions in the region.
| Characteristics | Values |
|---|---|
| Purpose | To "assimilate" each colony's constitution to that of Britain |
| Old Province of Quebec divided into | Upper Canada and Lower Canada |
| Each province had | Its own parliament and government |
| Objective 1 | Guarantee the same rights and privileges enjoyed by other subjects in British North America |
| Objective 2 | Give colonial assemblies the right to levy taxes to pay for local civil and legal administration |
| Objective 3 | Justify the division of the Province of Quebec into separate colonies with their own legislatures |
| Objective 4 | Strengthen the bonds of political dependency by fixing the constitutional weaknesses of previous colonial governments |
| Impact | Increased political control for each province over its local affairs |
| Impact | Gave women who owned property in Lower Canada the right to vote |
| Impact | Established colonial governments |
| Impact | Guaranteed continuity of ownership of land under the seigneurial system in Lower Canada |
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What You'll Learn
- The Act was designed to harmonise conflicting interests of French and English settlers
- It divided the Province of Quebec into Upper and Lower Canada
- It established colonial governments to guarantee the same rights as British North America
- It gave colonial assemblies the right to levy taxes for local administration
- It strengthened the bonds of political dependency by fixing constitutional weaknesses
The Act was designed to harmonise conflicting interests of French and English settlers
The Constitution Act of 1791 was an act of the British Parliament which divided the Province of Quebec into Upper Canada and Lower Canada, each with its own parliament and government. Upper Canada, the western half, received English law and institutions, while Lower Canada, the eastern half, retained French civil law and institutions, including seigneurial land tenure and the privileges accorded to the Roman Catholic Church.
The Act was designed to harmonise the conflicting interests of French and English settlers by dividing Quebec into two provinces, thereby giving each a larger control of its own local affairs. The French-speaking Canadiens in Lower Canada considered the province to be their own, separate from English-speaking Upper Canada. This division was also reflected in the legislative and executive bodies of the two colonies. The Act established in each province a Legislative Council, appointed by the crown for life, and a Legislative Assembly, elected by the people.
The Act guaranteed the same rights and privileges that were enjoyed by other subjects in British North America. It also gave colonial assemblies the right to levy taxes to pay for local civil and legal administration, thus easing the burden on Britain's treasury. The Act also maintained and strengthened the bonds of political dependency by remedying acknowledged constitutional weaknesses of previous colonial governments. This involved bolstering the authority and prestige of the governor by making him a true representative of imperial power, and limiting the powers of the elected colonial assemblies by creating independent legislative councils whose appointed members comprised an aristocratic body modelled on the House of Lords and devoted to the interests of the Crown.
The Act was problematic for both English and French speakers. The French Canadians and the Roman Catholic Church in Quebec felt they might be overshadowed by Loyalist settlements and increased rights for Protestants. On the other hand, the new English-speaking settlers felt the French still had too much power. However, both groups preferred the Act and the institutions it created to the Quebec Act, which it replaced.
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It divided the Province of Quebec into Upper and Lower Canada
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. The Act was a response to the increased population in Canada after the American Revolution, which saw thousands of Loyalists seeking refuge in British North America. The division of the Province of Quebec aimed to better represent the diverse interests of French and English speakers in the region.
The creation of Upper and Lower Canada gave each region a larger control of its own local affairs, with each colony having its own parliament, government, and colonial administration. Upper Canada, the western half of the former Province of Quebec, received English law and institutions, while Lower Canada, the eastern half, retained French civil law and institutions, including the Custom of Paris in civil matters, seigneurial land tenure, and the privileges accorded to the Roman Catholic Church.
The Constitutional Act had several objectives. Firstly, it sought to guarantee the same rights and privileges to the subjects in British North America as those enjoyed by other loyal subjects in North America. Secondly, it aimed to ease the financial burden on Britain's treasury by granting colonial assemblies the right to levy taxes for local civil and legal administration. Thirdly, the Act aimed to justify the division of the Province of Quebec into separate colonies, each with its own provincial legislature. Finally, it sought to strengthen the bonds of political dependency by addressing the constitutional weaknesses of previous colonial governments.
The Act had significant implications for the political and social landscape of the region. It established a Legislative Council and a Legislative Assembly in each province, with the Legislative Assembly being elected by the people. The Act also granted voting rights to women who owned property in Lower Canada, a notable level of inclusion for the time. However, the Act failed to establish responsible government, and the granting of more financial powers to appointed councils than to elected assemblies contributed to political conflict and rebellions in the 1830s.
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It established colonial governments to guarantee the same rights as British North America
The Constitutional Act of 1791 was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada, with each colony having its own parliament and government. The Act was designed to harmonize the conflicting interests of French and English settlers by giving each colony more control over its local affairs.
The Act established colonial governments that guaranteed the same rights and privileges as those enjoyed by loyal subjects in British North America. This included the right to levy taxes to pay for local civil and legal administration, thereby easing the financial burden on Britain's treasury. The Act also implicitly guaranteed the right of Canadians to use French in courts and to practise the Catholic faith.
The creation of Upper and Lower Canada was based on a model of separation that aimed to "'assimilate' each colony's constitution to that of Britain". This involved bolstering the authority of the governor, limiting the powers of elected colonial assemblies, and creating independent legislative councils appointed by the Crown. These measures were intended to strengthen the bonds of political dependency and address the weaknesses of previous colonial governments.
The Constitutional Act of 1791 was a significant step towards Confederation, but its rigid colonial structures also contributed to discontent and rebellion in the years leading up to 1837-1838. The Act's attempt to balance the interests of French and English settlers in Quebec ultimately fuelled a desire for further reform among both groups.
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It gave colonial assemblies the right to levy taxes for local administration
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 government. The Act was designed to harmonize the conflicting interests of French and English settlers by giving each province more control over its local affairs.
One of the main objectives of the Act was to grant colonial assemblies the right to levy taxes for local civil and legal administration. This was intended to ease the burden on Britain's treasury. By granting this power to the colonial assemblies, the Act aimed to provide the colonies with more financial autonomy and the ability to manage their own administrative costs.
The right to levy taxes was a significant development for the colonial assemblies, as it gave them greater control over their local finances and resources. This provision of the Act contributed to the overall goal of establishing more autonomous and self-governing colonies. The financial powers granted to the colonial assemblies were, however, limited by the Act, which granted more powers to the appointed councils. This imbalance in financial authority would later contribute to political conflict and rebellions in the 1830s.
The tax provisions of the Constitution Act of 1791 represented a shift towards greater financial independence for the colonies and away from total reliance on the British treasury. This shift was part of a broader set of constitutional changes that were aimed at reorganizing British North America and accommodating the influx of Loyalists seeking refuge after the American Revolution.
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It strengthened the bonds of political dependency by fixing constitutional weaknesses
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 was designed to harmonize the conflicting interests of French and English speakers by giving each province more control over its local affairs.
One of the main objectives of the Act was to strengthen the bonds of political dependency by fixing the constitutional weaknesses of previous colonial governments. This was achieved by bolstering the authority of the governor, who became a true representative of imperial power, and limiting the powers of the elected colonial assemblies. Independent legislative councils were created, with appointed members comprising an aristocratic body modelled on the House of Lords and devoted to the interests of the Crown.
The Act also guaranteed the same rights and privileges that were enjoyed by other subjects in British North America, including the right of Canadians to use French in courts and to practise the Catholic faith. It further eased the financial burden on Britain's treasury by granting colonial assemblies the right to levy taxes for local civil and legal administration.
The Constitutional Act of 1791 was a significant step towards Confederation, but its rigid colonial structures also set the stage for rebellion in Upper and Lower Canada. The Act failed to establish a responsible government, and the discontent over the nature of political and economic life in Lower Canada, in particular, fuelled the rebellions of 1837-1838.
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