Constitutional History of Canada - Royal Proclamation (1763)

Royal Proclamation (1763)

The policy of Great Britain regarding its newly acquired colonies of America was revealed in a Royal Proclamation, issued on October 7, 1763. The proclamation renamed Canada "The Province of Quebec", redefined its borders and established a British-appointed colonial government. Although not a constitutional text, the proclamation expressed the will of the British sovereign to make statutes for its new possessions. The proclamation was thus considered as the de facto constitution of Quebec until 1774. The new governor of the colony was given "the power and direction to summon and call a general assembly of the people's representatives" when the "state and circumstances of the said Colonies will admit thereof".

The governor was also given the mandate to "make, constitute, and ordain Laws, Statutes, and Ordinances for the Public Peace, Welfare, and good Government of our said Colonies, and of the People and Inhabitants thereof" with the consent of the British-appointed councils and representatives of the people. In the meantime, all British subjects in the colony were guaranteed of the protection of the law of England, and the governor was given the power to erect courts of judicature and public justice to hear all causes, civil or public.

The Royal Proclamation contained elements that conflicted with the Articles of Capitulation of Montreal, which granted Canadians the privilege to maintain their civil laws and practise their religion. The application of British laws such as the penal Laws caused numerous administrative problems and legal irregularities. The requirements of the Test Act also effectively excluded Catholics from administrative positions in the British Empire.

When James Murray was commissioned as captain general and governor in chief of the Province of Quebec, a four-year military rule ended, and the civil administration of the colony began. Judging the circumstances to be inappropriate to the establishment of British institutions in the colony, Murray was of the opinion that it would be more practical to keep the current civil institutions. He believed that, over time, the Canadians would recognize the superiority of British civilization and willingly adopt its language, its religion, and its customs. He officially recommended to retain French civil law and to dispense the Canadians from taking the Oath of Supremacy. Nevertheless, Murray followed his instructions and British institutions began to be established. On September 17, 1764, the Courts of the King's Bench and Common Pleas were constituted.

Tensions quickly developed between the British merchants or old subjects, newly established in the colony, and Governor Murray. They were very dissatisfied with the state of the country and demanded that British institutions be created immediately. They demanded that common law be enforced to protect their business interests and that a house of assembly be created for English-speaking Protestants alone. Murray did not think very highly of these tradesmen. In a letter to the British Lords of Trade, he referred to them as "licentious fanatics" who would not be satisfied but by "the expulsion of the Canadians".

The conciliatory approach of Murray in dealing with the demands of the Canadians was not well received by the merchants. In May 1764, they petitioned the king for Murray's removal, accusing him of betraying the interests of Great Britain by his defence of the Canadian people's interests. The merchants succeeded in having him recalled to London. He was vindicated, but did not return to the Province of Quebec. In 1768, he was replaced by Sir Guy Carleton, who would contribute to the drafting of the 1774 Quebec Act.

Murray called in the representatives of the people in 1765; however, his attempt to constitute a representative assembly failed, as, according to historian Francois-Xavier Garneau, the Canadians were unwilling to renounce their Catholic faith and take the test oath required to hold office.