In the beginning

In 1763, after Britain’s defeat of the French during the Seven Years’ War, France ceded its possession of the territories it held in the area of Canada today. This territory extended from Newfoundland in the north to as far east as Thunder bay in the south. The British at the time possessed all water ways that flowed from Hudson’s Bay (hence the name of the famous retailer). This area obtained from the French was known as the Province of Quebec.

In 1791, the British Parliament passed the Constitutional Act dividing the Province of Quebec into two separate colonies, that of Upper Canada and Lower Canada. The “upper” and “Lower” names referred to that particular area’s position relative to the head of the St. Lawrence River. This decision to divide the colony was a result of English loyalist soldiers from the American War of Independence coming to Upper Canada to settle. The British government wanted to ensure that these loyalists were able to enjoy the British customs and rules they fought for down south, and yet allow the French colonists the ability to follow their own customs.

During this time there were several rebellions by colonists, which were ultimately put down by British soldiers. There was no government rule at the time and some colonists wanted to be able to form their own government.

The Official Canada

As a result of these rebellions, it was determined that combining the two colonies of Upper and Lower into the Province of Canada, with the Act of Union 1840 would end the issues behind the conflicts. There was no government formed with this act.

Other reasons for the merger was the idea that French colonists would be anglicized. The colony of Upper Canada was growing more rapidly than Lower Canada and its expenses were becoming a problem. Lower Canada was more solvent so they thought merging would help English settlers with Lower Canada’s funds.

During subsequent revisions to the act around 1848, a centralized government was created. This form of government constituted an equal number of seats from East and West, despite the fact of unequal numbers of inhabitants. Members were elected by the inhabitants of each area.

Each area (East and West) maintained their areas of distinct legal systems, being the Civil Law (Link to page) in the area known as Canada East and the Common-Law (link to page) in Canada West.

It was very difficult to get anything done. With an equal amount of seats from two different cultures, what is called a “double majority” was required. That did not happen often. Eventually, both areas would essentially self govern with the unofficial division of Upper and Lower Canadas again (rather than East and West) .