Constitutional Act Of 1791: Shaping Canada's Future

The Constitutional Act of 1791 was an act of the British Parliament that significantly altered the political landscape of British North America, particularly the Province of Quebec. The Act divided Quebec into two distinct colonies: Upper Canada and Lower Canada, each with its own administration and legislative assembly. This division was intended to accommodate the influx of Loyalist refugees following the American Revolution and to 'assimilate' the colonies' constitutions to that of Britain. The Act also had implications for religious and linguistic rights, as it established separate legal and institutional frameworks for English-speaking Upper Canada and French-speaking Lower Canada, contributing to the development of French Canadian nationalism. Furthermore, it granted voting rights to women who owned property in Lower Canada, a progressive measure for the time. However, the Act's distribution of financial powers in favour of appointed councils contributed to political conflict and set the stage for the rebellions of 1837-1838.

Explore related products

The Constitutional Act Of 1791: A Study In British Colonial Policy From The Period From 1774 To 1791

$25.95

The Constitutional Act of the Province of Lower Canada [microform]: Anno Regni Georgii III, Regis Magnæ Britanniæ Et Hiberniæ Tricessimo Primo: at the ... Day of November, Anno Domini Reign Of...

$13.95

Constitutional Law: Cases, Comments, and Questions (American Casebook Series)

$300

Documentary History of Education in Upper Canada, from the Passing of the Constitutional Act of 1791 to the Close of the Reverend Doctor Administration (Classic Reprint)

$14.25

Documentary history of education in Upper Canada from the passing of the Constitutional Act of 1791

$30.99

Documentary History of Education in Upper Canada From the Passing of the Constitutional Act of 1791

$22.95

The division of the Province of Quebec into Upper and Lower Canada

The Constitutional Act of 1791 was an act of the British Parliament that divided the Province of Quebec into two distinct colonies: Upper Canada and Lower Canada. The Act came into effect on December 26, 1791, after receiving royal assent in June of the same year. The division of Quebec was one of the four main objectives of the Act, the others being:

• To guarantee the same rights and privileges to the subjects in British North America as those enjoyed by loyal subjects elsewhere in North America.
• To grant colonial assemblies the right to levy taxes for local civil and legal administration, thereby easing the financial burden on Britain's treasury.
• To strengthen the bonds of political dependency by addressing the constitutional weaknesses of previous colonial governments.

The division of the Province of Quebec was intended to better represent the increased population in Canada after the American Revolution, which saw thousands of Loyalist refugees settle in Quebec. The Ottawa River was designated as the boundary between the two new provinces, with the largely unpopulated western half becoming Upper Canada (present-day southern Ontario) and the eastern half becoming Lower Canada (present-day southern Quebec).

The Constitutional Act of 1791 provided for the continuation of civil law in Lower Canada, allowing French Canadians to continue their use of the French language in courts and to practice the Catholic faith. Lower Canada retained French civil law and institutions, including seigneurial land tenure and the privileges accorded to the Roman Catholic Church. On the other hand, Upper Canada received English law and institutions, with the Act favouring British settlement and colonisation in the region.

The Act also had significant implications for suffrage in Lower Canada, as it granted women who owned property in Lower Canada the right to vote, a relatively high level of inclusion for the time. Between 1791 and 1849, women voted in approximately 15 districts in Lower Canada, although this right was not always practised in reality. However, in 1849, a bill was passed that removed women's right to vote in Lower Canada.

The creation of separate colonial administrations

The Constitutional Act of 1791, an act of the British Parliament, was a significant moment in the history of Canada, as it led to the creation of separate colonial administrations. The Act divided the large Province of Quebec into two distinct colonies: Upper Canada and Lower Canada, each with its own provincial legislature and administration. This division was based on the earlier model of separation that had created the colonies of New Brunswick and Cape Breton in 1784. The Act was designed to "'assimilate' the constitutions of the colonies to that of Britain and to guarantee the same rights and privileges as enjoyed by British subjects in North America.

The creation of Upper and Lower Canada was a response to the increased population in Canada after the American Revolution, as thousands of Loyalist settlers, seeking refuge, entered Quebec. This influx brought with it a desire for representative institutions and English common law, which the Act aimed to address. The new legislatures, which first met in 1792, were the first in this part of what would become Canada.

Upper Canada, the western half, was largely unpopulated and received English law and institutions, while Lower Canada, the eastern half, retained French civil law and institutions, including seigneurial land tenure and the privileges of the Roman Catholic Church. The Act also guaranteed the right of Canadians to use French in courts and to practise the Catholic faith.

The separate administrations of Upper and Lower Canada were given the right to levy taxes to fund their local civil and legal administration, easing the financial burden on Britain's treasury. However, the Act's distribution of financial powers in favour of appointed councils contributed to political conflict and intercultural tensions in the early 19th century, leading to the rebellions of 1837-1838.

The continuation of civil law in Lower Canada

The Constitutional Act of 1791, passed by the British Parliament, divided the Province of Quebec into Upper Canada and Lower Canada. Lower Canada, now southern Quebec, retained French civil law and institutions, including the Custom of Paris, seigneurial land tenure, and the privileges accorded to the Roman Catholic Church. The act also implicitly guaranteed the right of Canadians to use French in the courts and to practise the Catholic faith.

The Constitutional Act of 1791 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, easing the burden on Britain's treasury; to justify the division of the Province of Quebec into separate colonies with their own provincial legislatures; and to strengthen the bonds of political dependency by fixing the constitutional weaknesses of previous colonial governments.

The act was problematic for both English and French speakers. French Canadians and the Roman Catholic Church felt they might be overshadowed by Loyalist settlements and increased rights for Protestants, while 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.

Explore related products

Documentary History of Education in Upper Canada, from the Passing of the Constitutional Act of 1791 to the Close of the REV Dr Ryerson's Administrati

$13.95

Documentary History of Education in Upper Canad, Constitutional Act of 1791, Vol. 14: To the Close of the Reverend Doctor Ryerson's Aemisitration of the Education Department in 1876 (Classic Reprint)

$34.72

Anno regni Georgii III, regis Magnæ Britanniæ, Franciæ, & Hiberniæ, tricesimo primo : at the Parliament begun and holden at Westminster, the twenty-fifth day of November anno domini 1790, in the thirt

$13.95

Documentary History of Education in Upper Canada, Vol. 10: From the Passing of the Constitutional Act of 1791, to the Close of the Reverend Doctor ... in 1876; 1851 1852 (Classic Reprint)

$34.57

Documentary History of Education in Upper Canada, from the Passing of the Constitutional Act of 1791 Close of the Rev. Dr. Ryerson's Administration of the Education in 1876. Vol. XXIL. 1869-1871

$21.95

Documentary History of Education in Upper Canada, 1790 1830 (Classic Reprint)

$34.97

The establishment of colonial governments

The Constitutional Act of 1791 was an act of the British Parliament that led to significant changes in the establishment of colonial governments in North America. The Act had four main objectives:

• Guaranteeing Rights and Privileges: The first objective was to ensure that the subjects in the colonies enjoyed the same rights and privileges as other loyal subjects in British North America. This included maintaining the use of the French language and the practice of the Catholic faith in the courts of Lower Canada.
• Granting Tax Powers: The second objective was to grant colonial assemblies the right to levy taxes for local civil and legal administration, reducing the financial burden on Britain's treasury.
• Dividing the Province of Quebec: The third objective was to divide the Province of Quebec into two separate colonies: Upper Canada and Lower Canada. Each colony would have its own provincial legislature and administration. Upper Canada received English law and institutions, while Lower Canada retained French civil law and institutions, including seigneurial land tenure and privileges for the Roman Catholic Church.
• Strengthening Political Dependency: The fourth objective was to strengthen the bonds of political dependency by addressing the weaknesses of previous colonial governments. This involved enhancing the authority of the governor and creating independent legislative councils with more power than the elected assemblies.

The Constitutional Act of 1791 had a significant impact on the establishment of colonial governments in what would become Canada. It provided for representative government in both Upper and Lower Canada, with elected legislative assemblies in each province. The Act also contributed to the development of French Canadian nationalism, as Lower Canada became a province that the French considered their own, separate from English-speaking Upper Canada. However, the Act's distribution of financial powers in favour of appointed councils contributed to political conflict and intercultural tensions in the early 19th century, leading to rebellions in both Upper and Lower Canada in 1837-1838.

The granting of voting rights to women in Lower Canada

The Constitutional Act of 1791 was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada. The Act was a significant step towards Canadian Confederation, but its rigid colonial structures also set the stage for rebellion in the new colonies.

Under the Act, voters were simply described as "persons" who were at least 21 years old, natural citizens or subjects of the monarch, and without a serious criminal record. Notably, this meant that women who owned property in Lower Canada were granted the right to vote, marking a high level of inclusion by the standards of the time. This right was not always applied in practice, but between 1791 and 1849, women voted in approximately 15 districts in Lower Canada. In 1849, a bill was passed that removed women's right to vote in Lower Canada.

The inclusion of women's suffrage in the Constitutional Act of 1791 was a significant step forward for women's rights in Canada. However, it is important to note that the Act primarily focused on the division of the Province of Quebec and the establishment of separate administrations for Upper and Lower Canada. The granting of voting rights to women in Lower Canada was a result of the Act's broader goal of guaranteeing the same rights and privileges to all subjects in British North America.

The Act also had significant implications for the development of French Canadian nationalism. Lower Canada, with its French civil law and institutions, was considered by the French to be their own province, separate from English-speaking Upper Canada. This sense of a distinct national homeland fueled the Lower Canada Rebellion of 1837-1838, as French and English Patriots in Lower Canada sought to reform the continued Anglo-Canadian political and economic dominance in the province.

While the Constitutional Act of 1791 granted voting rights to women in Lower Canada, it is important to note that the fight for women's suffrage in Canada was a long and ongoing process. The right to vote for women was gradually introduced in different provinces and for different demographic groups. It was not until 1940 that women in Quebec, who were not Asian or Indigenous, gained full suffrage.

Frequently asked questions