The Story of the Upper Canadian Rebellion, Volume 1Dent, John Charles
History
The Story of the Upper Canadian Rebellion, Volume 1
Dent, John Charles
Canada -- History -- Rebellion, 1837-1838; Ontario -- Politics and government
During the session of 1833-4, which witnessed the tumultuous scene just
described, the Provincial Parliament made one important concession to
public opinion by passing an Act to render the Judges of the Court of
King's Bench independent of the Crown. It is right to state, however,
that this was done in consequence of pressure from the Imperial
Government,[180] and not from any wish to remove an abuse of long
standing. The Act provided that "the Judges of His Majesty's Court of
King's Bench for this Province shall hold their offices during their
good behaviour, notwithstanding the commissions which have been
heretofore granted to them, or either of them, may specify that the
office is to be held during the pleasure of His Majesty; and that from
and after the passing of this Act the commissions to the Judges of the
said Court shall be made to them respectively to hold during their good
behaviour, and that the commissions of Judges of the said Court for the
time being shall be, continue, and remain in full force during their
good behaviour, notwithstanding the demise of His Majesty, or of any of
his heirs and successors." Thus were the Judiciary rendered independent
of the humours of the Executive, whereby a long step was taken towards
securing a pure administration of justice in the Superior Court of the
Province. Had a similar policy been pursued with respect to other gross
abuses, the effect upon the public mind would have been most
pacificatory. Standing, as it did, alone, the Act exhibited a striking
contrast to every other feature of the Executive policy, and it may be
doubted whether a solitary inhabitant of the Province was conciliated
thereby.
FOOTNOTES:
Public-domain text, read in full here on John Shaqi.
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