Simone Lawson
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 passed to accommodate the increased population in Canada after the American Revolution and to guarantee the same rights and privileges enjoyed by other subjects in British North America. It also aimed to justify the division of the Province of Quebec and strengthen the bonds of political dependency by addressing the weaknesses of previous colonial governments.
| Characteristics | Values |
|---|---|
| Purpose | To guarantee the same rights and privileges enjoyed by other subjects in British North America |
| To ease the burden on Britain's treasury by allowing colonial assemblies to levy taxes for local civil and legal administration | |
| To justify the division of the Province of Quebec into Upper Canada and Lower Canada, each with its own government and legislature | |
| To strengthen the bonds of political dependency by addressing the weaknesses of previous colonial governments | |
| To favour British settlement in Upper Canada | |
| To provide for the continuation of civil law in Lower Canada and guarantee the right of Canadians to use French in courts and to practise the Catholic faith | |
| To repeal certain portions of the Quebec Act of 1774 | |
| To establish a landed aristocracy with the hereditary right to be summoned to the legislative council of each province | |
| To favour the Church of England and the Church of Scotland | |
| Impact | Led to the creation of the Canadian Confederation |
| Contributed to the rebellions of 1837-38 due to the unequal distribution of financial powers | |
| Was a watershed in the development of French Canadian nationalism | |
| Remained in force until 1841, when it was largely repealed by the Union Act, 1840 |
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What You'll Learn
To divide the Province of Quebec into Upper and Lower Canada
The Constitutional Act of 1791 was passed by the British Parliament during the reign of George III. The Act divided the Province of Quebec into two separate colonies: Upper Canada and Lower Canada, each with its own parliament and government. The division was made along the Ottawa River, with the western half becoming Upper Canada (now southern Ontario) and the eastern half becoming Lower Canada (now southern Quebec). The names Upper and Lower Canada were given based on their relative elevation along the St. Lawrence River.
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. The Act also provided for the continuation of civil law in Lower Canada and implicitly guaranteed the right of Canadians to use French in the courts and to practise the Catholic faith. It is seen as a watershed moment in the development of French Canadian nationalism, as it provided for a province (Lower Canada) that the French considered their own, separate from English-speaking Upper Canada.
The Constitutional Act of 1791 had several objectives. Firstly, it aimed to guarantee the same rights and privileges enjoyed by other subjects in British North America. Secondly, it gave colonial assemblies the right to levy taxes for local civil and legal administration, easing the burden on Britain's treasury. Thirdly, it sought to strengthen the bonds of political dependency by addressing the constitutional weaknesses of previous colonial governments. This included boosting the authority of the governor and limiting the powers of elected assemblies by creating independent legislative councils. Finally, the Act aimed to justify the division of the Province of Quebec into separate colonies, each with its own colonial administration.
The Act had significant consequences, including the creation of political conflict due to the granting of more financial powers to appointed councils than to elected assemblies. This contributed to the rebellions of 1837-1838 in both Upper and Lower Canada. Additionally, the Act failed to establish responsible government and fuelled discontent among French and English Patriots in Lower Canada, leading to the Lower Canada Rebellion of 1837-1838. Most of the Act was repealed by the Union Act of 1840, which merged the two provinces into the new Province of Canada.
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To grant the same rights as other British North American subjects
The Constitutional Act of 1791 was passed by the British Parliament during the reign of George III. One of the four main objectives of the Act was to guarantee the same rights and privileges that were enjoyed by other subjects in British North America.
The term British North America was used to refer to the British Empire's colonial territories in North America. This included the provinces that would eventually form the Dominion of Canada. The Constitutional Act of 1791 was passed to accommodate the thousands of Loyalists seeking refuge in Canada after the American Revolution.
The Act divided the Province of Quebec into Upper Canada (now southern Ontario) and Lower Canada (now southern Quebec). Upper Canada was to be governed by English law and institutions, while Lower Canada retained French civil law and institutions, including seigneurial land tenure and the privileges accorded to the Roman Catholic Church.
The Act also established freeholder-elected legislative assemblies in both Upper and Lower Canada, leading to a form of representative government in both colonies. This was a significant change, as the Province of Quebec had not previously had a legislative assembly.
The Constitutional Act of 1791 guaranteed that women of property in Lower Canada could vote. This was a notable inclusion by the standards of the time, although it was not always applied in practice. Between 1791 and 1849, women voted in about 15 districts in Lower Canada, until the legislature passed a bill that removed women's right to vote in 1849.
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To ease the burden on Britain's treasury
The Constitutional Act of 1791 was passed by the British Parliament during the reign of George III. The Act divided the Province of Quebec into two separate colonies: Upper Canada and Lower Canada, each with its own colonial administration, parliament, and government.
One of the main objectives of the Act was to ease the burden on Britain's treasury. This was achieved by granting colonial assemblies the right to levy taxes to pay for local civil and legal administration. By doing so, the financial burden on the British Empire was reduced, as the colonies would now be responsible for generating their own revenue to cover these administrative costs.
The Act gave more financial powers to the appointed councils than to the elected assemblies, which created political conflict and contributed to the rebellions of 1837-1838. This distribution of financial powers has been cited by historians as a factor that led to intercultural conflict in the early 19th century.
The Constitutional Act of 1791 also had other significant implications. It guaranteed the same rights and privileges to the subjects in these colonies as were enjoyed by other British North American subjects. Additionally, it strengthened the authority of the governor, making him a true representative of the Crown, and limited the powers of the elected assemblies by creating independent legislative councils composed of appointed members.
The Act also had cultural and linguistic implications. Lower Canada retained French civil law and institutions, including seigneurial land tenure and the privileges of the Roman Catholic Church, while Upper Canada received English law and institutions. The Act implicitly guaranteed the right of Canadians to use French in courts and to practise the Catholic faith.
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To strengthen political bonds and fix constitutional weaknesses
The Constitutional Act of 1791 was passed by the British Parliament during the reign of George III. The act was passed to accommodate the thousands of Loyalists seeking refuge in British North America following the American Revolution.
One of the four main objectives of the bill was to strengthen the bonds of political dependency by fixing the 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. The governor was given more power than the elected assemblies, which created political conflict and contributed to the rebellions of 1837–38.
The Act also limited the powers of the elected assemblies by creating independent legislative councils made up of appointed members. These aristocratic bodies were modelled on the British House of Lords and were devoted to the interests of the Crown. This aspect of the Act was designed to maintain the bonds of political dependency between the colonies and Britain.
The Constitutional Act of 1791 also gave Upper Canada a separate constitution and administration, favouring British settlement there. This further strengthened the political bonds between Upper Canada and Britain, as the colony was now more closely tied to the British Parliament.
Overall, the Constitutional Act of 1791 was designed to fix constitutional weaknesses and strengthen political bonds between the colonies and Britain. While it did achieve this to some extent, it also created political conflict and contributed to rebellions in the colonies.
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To favour British settlement in Upper Canada
The Constitutional Act of 1791 was passed by the British Parliament to reorganize British North America, which was under pressure from thousands of Loyalists seeking refuge after the American Revolution. The Act divided the Province of Quebec into Upper Canada and Lower Canada, with each colony having its own administration, parliament, and government.
Upper Canada, now southern Ontario, was largely unpopulated and received English law and institutions. By giving Upper Canada a constitution and a separate administration, and by favouring British settlement there, Britain took the first steps towards Confederation. The Act also granted more financial powers to the appointed councils than to the elected assemblies, creating political conflict and contributing to the rebellions of 1837-38.
The Constitutional Act of 1791 favoured British settlement in Upper Canada by providing a separate administration and constitution, which set the region apart from Lower Canada. This division was designed to harmonize the conflicting interests of French and English speakers, giving each province greater control over its local affairs. Upper Canada was predominantly English-speaking, and the Act established English Common Law in the region, which excluded women from voting.
The Act also favoured British settlement by granting more financial powers to appointed councils than to elected assemblies. These councils were modelled on the British House of Lords and devoted to the interests of the Crown. This structure aimed to strengthen the bonds of political dependency and boost the authority of the governor as a representative of the Crown.
The Constitutional Act of 1791 was a significant step towards establishing British parliamentary institutions in Upper Canada and accommodating the influx of Loyalists after the American Revolution. However, the unequal distribution of financial powers and the resulting political conflicts contributed to the early 19th-century intercultural conflicts and the rebellions of 1837-38.
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