The Early Courts of Upper Canada
The records of the early courts of Upper Canada provide fascinating details on early inhabitants that are not available in any other sources.
The chart below shows the three courts that had jurisdiction at the time and the types of crimes for which each was responsible.
Assize Courts
- Capital cases, serious crimes like treason, counterfeiting, etc.
- AKA Court of Oyer and Terminer and General Gaol Delivery, Court of King's/Queen's Bench.
- Presided over by a Judge of King's/Queen's Bench, appointed by the government, who travelled to each district.
- Provided a trial by jury
- Met once per year until 1837, except twice in the Town of York, thence twice per year in each district.
- Met at the courthouse in the town which was the administrative centre of the district.
- Met into the 1990s.
Quarter Sessions
- Less serious crimes, like petit larceny, assault, etc.
- Renamed Courts of General Sessions of the Peace in 1868.
- Presided over by a local judge, appointed by the government, often the Judge of the District (Civil) Court.
- Provided a trial by jury
- Met four times per year in each district until 1868. Also met at other times in "special" or "adjourned" sessions.
- Met at the courthouse in the town which was the administrative centre of the district, and, in early times, possibly a second location.
- Met into the 1900s.
Summary Courts
- Least serious crimes, like trespassing.
- AKA magistrate's court, police court, mayor's court.
- Presided over by one or two local magistrates, chosen by the government.
- No jury except for mayor's court.
- Met whenever necessary.
- Convened at magistrate's home, or in a local building.
- Still in effect.
Heir & Devisee Commissions
Heir and Devisee Commissions were set up to determine the ownership of lands in Upper Canada for the purpose of issuing the first (or patent) deeds. The papers of the Commissions contain tickets of location, transfers & any other evidence useful to prove ownership, judge’s minute books, etc. These constitute a record of the settlers before the first deed was issued and before the first entry in the abstract deed books. The first Commission operated from 1797 to 1804. The second Commission, set up in 1805, was in existence until close to the end of the 19th century.
These publications cover the entire Province of Upper Canada and the series for the First Commissions is now complete.