Upper Canada


The Province of Upper Canada was a part of British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North America, formerly part of the Province of Quebec since 1763. Upper Canada included all of modern-day Southern Ontario and all those areas of Northern Ontario in the Pays d'en Haut which had formed part of New France, essentially the watersheds of the Ottawa River or Lakes Huron and Superior, excluding any lands within the watershed of Hudson Bay. The "upper" prefix in the name reflects its geographic position along the Great Lakes, mostly above the headwaters of the Saint Lawrence River, contrasted with Lower Canada to the northeast.
Upper Canada was the primary destination of Loyalist refugees and settlers from the United States after the American Revolution, who often were granted land to settle in Upper Canada. Already populated by Indigenous peoples, land for settlement in Upper Canada was made by treaties between the new British government and the Indigenous peoples, exchanging land for one-time payments or annuities. The new province was characterized by its British way of life, including bicameral parliament and separate civil and criminal law, rather than mixed as in Lower Canada or elsewhere in the British Empire. The division was created to ensure the exercise of the same rights and privileges enjoyed by loyal subjects elsewhere in the North American colonies. In 1812, war broke out between Great Britain and the United States, leading to several battles in Upper Canada. The United States attempted to capture Upper Canada, but the war ended with the situation unchanged.
The government of the colony came to be dominated by a small group of persons, known as the "Family Compact", who held most of the top positions in the Legislative Council and appointed officials. In 1837, an unsuccessful rebellion attempted to overthrow the undemocratic system. Representative government would be established in the 1840s. Upper Canada existed from its establishment on 26 December 1791 to 10 February 1841, when it was united with adjacent Lower Canada to form the Province of Canada.

Establishment

As part of the 1763 Treaty of Paris which ended the Seven Years' War global conflict and the French and Indian War in North America, Great Britain retained control over the former New France, which had been defeated in the French and Indian War. The British had won control after Fort Niagara had surrendered in 1759 and Montreal capitulated in 1760, and the British under Robert Rogers took formal control of the Great Lakes region in 1760. Fort Michilimackinac was occupied by Roger's forces in 1761.
The territories of contemporary southern Ontario and southern Quebec were initially maintained as the single province of Quebec, as it had been under the French. From 1763 to 1791, the Province of Quebec maintained its French language, cultural behavioural expectations, practices and laws. The British passed the Quebec Act in 1774, which expanded the Quebec colony's authority to include part of the Indian Reserve to the west, and other western territories south of the Great Lakes including much of what would become the United States' Northwest Territory, including the modern states of Illinois, Indiana, Michigan, Ohio, Wisconsin and parts of Minnesota.
After the American War of Independence ended in 1783, Britain retained control of the area north of the Ohio River. The official boundaries remained undefined until 1795 and the Jay Treaty. The British authorities encouraged the movement of people to this area from the United States, offering free land to encourage population growth. For settlers, the head of the family received and per family member, and soldiers received larger grants. These settlers are known as United Empire Loyalists and were primarily English-speaking Protestants. The first townships along the St. Lawrence and eastern Lake Ontario were laid out in 1784, populated mainly with decommissioned soldiers and their families.
"Upper Canada" became a political entity on 26 December 1791 with the Parliament of Great Britain's passage of the Constitutional Act 1791. The act divided the province of Quebec into Upper and Lower Canada, but did not yet specify official borders for Upper Canada. The division was effected so that Loyalist American settlers and British immigrants in Upper Canada could have English laws and institutions, and the French-speaking population of Lower Canada could maintain French civil law and the Catholic religion. The first lieutenant-governor was John Graves Simcoe.
The 1795 Jay Treaty officially set the borders between British North America and the United States north to the Great Lakes and St. Lawrence River. On 1 February 1796, the capital of Upper Canada was moved from Newark to York, which was judged to be less vulnerable to attack by the US.
The Act of Union 1840, passed 23 July 1840 by the British Parliament and proclaimed by the Crown on 10 February 1841, merged Upper Canada with Lower Canada to form the short-lived United Province of Canada.

Government

Provincial administration

Upper Canada's constitution was said to be "the very image and transcript" of the British constitution, and based on the principle of "mixed monarchy" – a balance of monarchy, aristocracy and democracy.
The Executive arm of government in the colony consisted of a lieutenant-governor, his executive council, and the Officers of the Crown : the Adjutant General of the Militia, the Attorney General, the Auditor General of Land Patents for Upper Canada, the Auditor General, Crown Lands Office, Indian Office, Inspector General, Kings' Printer, Provincial Secretary and Registrar's Office, Receiver General of Upper Canada, Solicitor General, and Surveyor General.
The Executive Council of Upper Canada had a similar function to the Cabinet in England but was not responsible to the Legislative Assembly. They held a consultative position, however, and did not serve in administrative offices as cabinet ministers do. Members of the Executive Council were not necessarily members of the Legislative Assembly but were usually members of the Legislative Council.

Parliament

The Legislative branch of the government consisted of the parliament comprising legislative council and legislative assembly. When the capital was first moved to Toronto from Newark in 1796, the Parliament Buildings of Upper Canada were at the corner of Parliament and Front Streets, in buildings that were burned by US forces in the War of 1812, rebuilt, then burned again by accident in 1824. The site was eventually abandoned for another, to the west.
The Legislative Council of Upper Canada was the upper house governing the province of Upper Canada. Although modelled after the British House of Lords, Upper Canada had no aristocracy. Members of the Legislative council, appointed for life, formed the core of the oligarchic group, the Family Compact, that came to dominate government and economy in the province.
The Legislative Assembly of Upper Canada functioned as the lower house in the Parliament of Upper Canada. Its legislative power was subject to veto by the appointed Lieutenant Governor, Executive Council, and Legislative Council.

Districts and local government

Local government in the province of Upper Canada was based on districts. Guy Carleton, 1st Baron Dorchester created four districts 24 July 1788.
  • Lunenburg District, later "Eastern"
  • Mecklenburg District, later "Midland"
  • Nassau District, later "Home"
  • Hesse District, later "Western"
For militia and parliamentary purposes, Lieutenant-Governor John Graves Simcoe in a proclamation 16 July 1792 divided these districts into the nineteen original counties of Ontario: Glengarry, Stormont, Dundas, Grenville, Leeds, Frontenac, Ontario, Addington, Lennox, Prince Edward, Hastings, Northumberland, Durham, York, Lincoln, Norfolk, Suffolk, Essex and Kent.
By 1800, the four districts of Eastern, Midland, Home and Western had been increased to eight, the new ones being Johnston, Niagara, London and Newcastle. Additional districts were created from the existing districts as the population grew until 1849, when local government mainly based on counties came into effect. At that time, there were 20 districts; legislation to create a new Kent District was never completed. Up until 1841, the district officials were appointed by the lieutenant-governor, although usually with local input.
Justices of the peace were appointed by the Lt. Governor. Any two justices meeting together could form the lowest level of the justice system, the Courts of Request. A Court of Quarter Sessions was held four times a year in each district composed of all the resident justices. The Quarter Sessions met to oversee the administration of the district and deal with legal cases. They formed, in effect, the municipal government until an area was incorporated as either a police board or a city after 1834.

List of cities and towns of Upper Canada

Incorporated in Upper Canada era
Incorporated in Province of Canada

Family Compact

The Family Compact is the epithet applied to an oligarchic group of men who exercised most of the political and judicial power in Upper Canada from the 1810s to the 1840s. It was noted for its conservatism and opposition to democracy. The uniting factors amongst the Compact were its loyalist tradition, hierarchical class structure and adherence to the established Anglican Church. Leaders such as John Beverley Robinson and John Strachan proclaimed it an ideal government, especially as contrasted with the rowdy democracy in the nearby United States. The Family Compact emerged from the War of 1812 and collapsed in the aftermath of the Rebellions of 1837.