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Aboriginals: Treaties & Relations
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Pionniers et Immigrants
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Drawing: Lord Durham - NAC/ANC C-121846
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1839 - 1849: Union and Responsible Government

This section deals with the period after the rebellions in 1837 and 1838. In the decade that followed, responsible government gradually came closer into being, until, at last, it became a reality in 1848.

Topics in this section:

The Durham Report
The Reaction: Britain
The Reaction: Lower Canada
The Reaction: Upper Canada
The Path Forward: Sydenham's Instructions
The Act of Union, 1840
Slipping Backward
Lord Elgin Brings New Hope
The Emergence of Cabinet Government
Responsible Cabinet Government Tested: Lord Elgin Passes the Rebellion Losses Bill
The Evolution of Cabinet Government
Other Interesting or Important Documents

The Durham Report
The Durham Report was controversial in all quarters, and reinforced Durham's reputation as a radical. It was strongly biased towards the English population of the Canadas, and made a number of recommendations. Essentially, these involved:

  • A union of Upper and Lower Canada.

  • Responsible government, dominated by the English inhabitants of the Canadas.

  • Colonial control of internal affairs (but in a very limited sense).

  • Assimilation of the French-speaking population.

The report also made recommendations on a range of issues such as settlement and land grants.

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Report on the affairs of British North America

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The Reaction: Britain
The secretary for war and the colonies, Lord John Russell, was not ready to accept the proposal for responsible government. He felt that it surrendered to the interests of violent rebels and that a colonial council should not be in a position of advising the Crown.

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Lord John Russell to Right Hon. C. Poullet Thomson, 14th Oct., 1839
(Russell resists granting responsible government.)

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Watercolour: House of Assembly, North Front, Québec, 1842- NAC/ANC C-000823
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The Reaction: Lower Canada
Many French-speaking Canadians were outraged at the recommendations that they be assimilated and the suggestion that they had no culture or history. Others objected to Russell's reluctance to grant them responsible government.

In general, however, the population of Lower Canada had become apathetic after the failure of the rebellions. The support of the clergy for the status quo also had an effect.

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Right Hon. John C. Poulett Thompson to Lord John Russell, 31st October., 1839
(Describes the mood of people in Lower Canada after the rebellion.)

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Painting: The Arrival of Lord Sydenham Governor General. Opening of the Union Parliament, Kingston, 1841 - NAC/ANC C-013945
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The Reaction: Upper Canada
In Upper Canada, reformers were enthusiastic about the report's call for responsible government. The conservative ruling class was less impressed, although they supported union.


The Path Forward: Sydenham's Instructions

In anticipation of the Act of Union, the British government sought to ensure that the new governor general, Baron Sydenham, would be acting along the principles recommended by Durham. Russell instructed Sydenham to try to gain the acceptance of the two provinces for the union.

His powers as Governor remained much as they were before the rebellions, but he was cautioned to act against the Legislative Assembly only with "the gravest deliberation."

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Instructions to Sydenham, 7th September, 1839

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Letters Patent Granting Royal Assent to the Union Act, 1840- NAC/ANC C-021799
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The Act of Union, 1840
The two Canadas were joined in 1840. The terms were decidedly unfair to Lower Canada: it was expected to help pay Upper Canada's £1.2 million debt (it had very little), and held it to fifty percent of the seats in the new Assembly despite having a much larger population.

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Act of Union, 1840

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British North America, 1840
British North America, 1840

Slipping Backward
Sydenham did his best to act according to the spirit of his instructions. He effectively made himself his own first minister and formed a cabinet from able men. This worked well in the shaky years after the rebellions.

After Sydenham, Sir Charles Bagot tried to go further. The next governor, Sir Charles Metcalfe, negated his efforts, however. Metcalfe did not accept that responsible government was possible in Canada, and disputes again arose.

Added to this was resistance by Russell in Britain, who believed that it was impossible for a governor to be responsible to the sovereign and a local legislature at the same time.

Daguerreotype: The Earl and Countess of Elgin, Lady Alice Lambton (left) and Lord Mark Kerr (standing) - NAC/ANC C-088507
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Lord Elgin Brings New Hope
Lord Elgin replaced Metcalfe after a change in British government brought a more reform-minded government to power. Earl Grey, the new secretary of state for war and the colonies, made it clear that Britain had no interest in exercising any more influence in the colonies than was necessary to prevent one colony from injuring another or the empire as a whole.

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Earl Grey to Lieut.-Governor Sir John Harvey, November 3, 1846
(Makes it clear that Earl Grey supports responsible government.)

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The Emergence of Cabinet Government
Nova Scotia was the first to take advantage of this new policy. In 1847, the government was defeated and a new one, led by Joseph Howe, formed in February 1848. In Canada, reformers Robert Baldwin and Louis LaFontaine formed a new council in March, 1848.

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Elgin to Earl Grey, July 13, 1847
(Elgin gives his vision of the powers of the governor in responsible cabinet government.)

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Act repealing the requirement that government documentation be in English, 1848

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Watercolour: Burning of the Parliament buildings, Montreal in 1849 - NAC/ANC C- 073717
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Responsible Cabinet Government Tested:
Lord Elgin Passes the Rebellion Losses Bill

The first serious test of the new system came in 1849. The Rebellion Losses Bill sought to compensate those in what had been Lower Canada for damages that resulted from the rebellions. It was controversial because the Tories objected that many of the claimants were former rebels. It was well received by French Canadians, but British elements opposed it so strongly that they attacked Elgin and burned the parliament building down in Montreal.

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Rebellion Losses Bill, 1849

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Elgin to Earl Grey, April 30, 1849
(Elgin describes differences in opinion on Rebellion Losses Bill, and the violence following its passage.)

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Responsible government was again tested, and proven, in 1859, when a proposed protectionist duty proposed by Canada's legislature threatened British commercial interests. The duty eventually came into being.

The Evolution of Cabinet Government
Durham had intended the Act of Union, 1840 to weaken the power of French Canadian parties. Its effect was the opposite: no government could be formed without the support of one of the French Canadian parties.

As a result, it was not long before the English-only requirement for the Assembly was revoked, and a system of dual-premiership evolved. As the alliances were sometimes unlikely, and issues often rose to break them, governments did not last long. Ultimately, this began to shake the confidence of people in the union of the provinces.

Lithograph: Entrance to Toronto, 1840 - NAC/ANC C-001023
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Did you know?

Louis LaFontaine insisted on speaking in French in the Assembly of the Province of Canada, despite the fact that the official language was English alone. Eventually, the government gave in and changed the Act of Union to allow French in the Assembly.

Other Important or Interesting Documents

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