THE CREATION AND THE EARLY YEARS OF THE QUEBEC COURT OF APPEAL

It was on May 30th, 1849 that the Act to establish a Court having jurisdiction in Appeal and Criminal Matters, for Lower Canada was adopted, creating a court of record, the Court of Queen's Bench. It was composed of four judges, including the Chief Justice.

A trial court of the same name existed at that time. It was the Court of King's Bench, which became, with the coronation of Queen Victoria in 1837, the Court of Queen's Bench.

Before 1840, the appeals from judgments of Court of Queen's Bench were heard by the Governor and his Council. In 1840, the jurisdiction in matters on appeal was handed to a bench of three judges, including the Chief Justice, of this same court.

In the course of this important reorganization of the courts, which was greatly influenced by Louis-Hippolyte Lafontaine, among others, the Court of Queen's Bench became a court of appeal but would retain its name for the next 125 years. It was only in 1974 that this court officially became the Quebec Court of Appeal.

From its beginnings, the Court of Appeal had jurisdiction to hear trials in criminal matters, which it retained until 1920, when this jurisdiction was handed over to the Superior Court.

The Constitutional Act, 1867 establishes provincial authority for "The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdictions, and including Procedure in Civil Matters in those Courts" (section 92(14)).

However, pursuant to section 96 of the Constitutional Act, the selection of the appeal court judges is under federal authority. In virtue of section 100, that same level of government is responsible for the salaries, allowances and pensions of these judges.