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The Constitution of Canada was shaped partly by the government
of New France. Elements such as civil
law continue to the present day. In addition, efforts of French
Canadians to preserve the distinctness of the province today have
their roots in the friction caused by the interaction of the British
and French Canadian cultures.
Topics in this section:
Early New France
Compagnie des Cent-Associés
A Royal Province is Created
Relationships of Authority in New France
Justice in New France
Other Interesting or Important Documents
Early New France
Government in New France began with private companies formed to
exploit the natural resources of the new colony. Samuel
de Champlain was the first real governor.
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Samuel de Champlain, the father
of New France, founded Québec in 1608.
In his efforts to support his local allies, the
Huron,
in their war with the Iroquois, Samuel de Champlain
made the
Iroquois the enemy of New France for 90 years.
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Compagnie des Cent-Associés
In 1627 the Compagnie
des Cent-Associés (Company of a Hundred Associates),
was founded by Cardinal
Richelieu to replace other companies and form a monopoly. It
was his hope that the stability created by the monopoly of this
chartered
company would lead to the settlement of New France.
The Cent-Associés held administrative, judicial and lawmaking
powers over New France, as well as broad trading privileges. This
charter was granted with the provision that the company would promote
settlement and create a colony. Conflicts with English freebooters
proved too costly for the company, however.
In 1645 the company sublet its charter to the Communauté
des habitants, another company concerned primarily with the
fur trade. This also failed - this time because of war with the
Mohawk -
and on September 24, 1663, the Louis
XIV intervened and the colony of New France became a royal province.
A Royal Province is Created
Louis XIV and his leading minister, Jean-Baptiste
Colbert, created the structure for the new province almost as
an experiment.
All authority stemmed from the king and went through an appointed
viceroy. The viceroys did not play an active role in government.
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After New France became a province, government
gradually evolved to one in which there were four main sources of
authority, each with distinct areas of responsibility:
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A gouverneur
(governor) controlled military and external affairs (including
relations with Aboriginal groups) and reported to the Ministère
de la Marine (Ministry of the Navy). The king appointed
the gouverneur.
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The Bishop of Québec was responsible for the missionary
efforts, as well as hospitals and schools in the colony. He
was chosen by the king and confirmed by the Pope.
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An intendant.
Although technically subordinate to the governor and bishop,
the intendant had much wider and more influential powers. The
product of the centralisation of power under the monarch, every
French province had an intendant to ensure that the king's decisions
were implemented. He controlled the three departments of the
interior: justice, civil administration, and finance. This included
areas such as fisheries, agriculture, settlement, public order,
economic development taxes, the building of public works, and
more. The king appointed this position.
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A Conseil
Souverain (Sovereign Council, renamed Superior Council in
1703), which acted as a court of appeal for civil and criminal
cases. The gouverneur and the bishop appointed council members
until 1675. The king later made these appointments.
New France also had local governments in Louisiana, Acadia, Québec,
Trois-Rivières and Montreal, each with a local governor and
intendant's sub-delegate.
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Relationships of Authority in New
France
New France was, like France,
absolutist in nature. In practice, however, neither the king
nor his appointed gouverneurs ruled arbitrarily or capriciously.
Authority was shared and distributed down the social ladder.
In practice, there was some competition between different officials,
which resulted in a less authoritarian form of government than the
hierarchy suggests.
Justice in New France
Law in New France was the same civil
law as used in France. The Coutume de Paris (customary law of
Paris or Custom of Paris) formed the basis of laws in the province,
as was decreed in section 3 of the act establishing the Compagnie
des Indes Occidentales. It underwent changes in 1667, 1678 and 1685.
Justice was administered using the traditional inquisitorial
method of France. This gave a great deal of power to the judge,
but was inexpensive and quick.
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To learn more about the history of New France:
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Other Interesting or Important
Documents
- Etablissement
de la Compagnie des Indes Occidentales, Mai, 1664
(Establishes the West Indies Company.)
Read
the summary
- Treaty
of Utrecht, 1713 (bilingual)
(France surrenders claims to Newfoundland and Acadia.)
Read
the sumamry
- An
Abstract of the several royal edicts and declarations, and provincial
regulations and ordinances, that were in force in the province
of Québec in the time of the French government: and of
the commissions of the several governours-general and intendants
of the said province, during the same period
- An
abstract of the Loix de police; or, Public regulations for the
establishment of peace and good order, that were of force in the
province of Québec, in the time of the French government
- An
abstract of those parts of the custom of the viscounty and provostship
of Paris, which were received and practised in the province of
Québec, in the time of the French government, 1772
- The
sequel of the abstract of those parts of the custom of the viscounty
and provostship of Paris, which were received and practised in
the province of Québec in the time of the French government:
containing the thirteen latter titles of the said abstract, drawn
up by a select committee of Canadian gentlemen well skilled in
the laws of France and of that province, by the desire of the
Honourable Guy Carleton, Esquire, Captain General and Governour
in Chief of the said province, 1772
- Notes
sur la coutume de Paris: indiquant les articles encore en force
avec tout le texte de la coutume à l'exception des articles
relatifs aux fiefs et censives, les titres du retraitlignagen
et de la garde noble et bourgeoise
- Le
droit civil canadien suivant l'ordre établi par les codes:
précédé d'une histoire générale
du droit canadien
- Fundamental
principles of the laws of Canada as they existed under the natives,
as they were changed under the French Kings, and as they were
modified and altered under the domination of England: together
with the general principles of the custom of Paris, as laid down
by the most eminent authors, with the text, and a literal translation
of the text : the Imperial, and other statutes, changing the jurisprudence
in either of the provinces of Canada at large : prefaced by an
historical sketch ... compiled with a view of assisting law students
in their studies
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