1898: Laws

The Emerson Case
A Brief History of Laws

Society has always had laws
to follow, to maintain order and to ensure the well being of the community. Often different countries have the same laws, and sometimes they can be dramatically different. Have you ever wondered where the laws in Canada came from?

Since Canada originated as a British colony, and remained loyal and dependent upon Britain for things such as identification and protection, Britain played a large part in the establishment of laws, government, and the court system in Canada. If you look at the names of London buildings, such as Victoria Hospital, as well as park and street names, you notice that a lot of names were given in order to imitate or pay tribute to Britain.

The laws of Britain were for a very long time made up from customs, practices, and traditions that were passed down from generation to generation. These laws were mostly unwritten laws. During the medieval days in England, when Kings, nobles and knights were around, the law was often considered to be for the "common" people, and justice wasn’t always fair. When Henry I was King of England (1100-1135), he began what is now known as common law, a system of law which attempted to make the decisions and procedures of the law the same for everyone. Later, when King John reigned (1199–1216), he signed the Magna Carta, which meant that the King was also subject to the rules and penalties of the law. Later still, in 1265, King Henry III assembled the first parliament to represent the people. This parliament could now create new laws, by presenting them to the king in a petition. The King, of course, had to agree to it before it could become law.

In 1867, the British North America Act (also known as the BNA Act) was passed by English parliament. Today, it is referred to as the Constitution Act of 1867. The BNA Act established the Dominion of Canada. This meant that the parliament in Canada could pass laws, but only if they were first approved in Britain. Canada still had to follow British laws. It wasn’t until 1931 that Canada could pass laws without first getting approval from English Parliament.

When British colonies settled throughout Canada, they brought English common law with them, which still forms the basis of our laws (except for Quebec, since this province has its own set of laws, the Code Civil du Quebec). The BNA Act established two levels of government in Canada, federal and provincial. The provincial governments then create municipal governments.

The Federal government is responsible for things such as taxation, criminal law, and defense. Provincial governments are responsible for things such as the administration of justice, education, and marriage. Fire departments, streets, public transit, libraries, sewage, parks, and animal control are examples of issues which are looked after by municipal governments.

The Canada Act, in 1982, made Canada an independent country, so that British consent was no longer needed either to amend or change the laws of this country.

Criminal laws are made at the federal level of government, which means they are the same all across Canada. The penalty for committing a crime such as murder was, for a long time, to be hung on the scaffold. It is hard to imagine that the citizens of London used to gather to watch public executions. The last public hanging in the city of London was in December 1868. This does not mean, however, that people were not hung anymore. It only meant that except for a few people such as the doctor, priest, judge, sheriff, and hangman, the public was not allowed to watch the executions. The last execution in Canadian history was on December 11, 1962, but it wasn’t until July 26, 1976 that the death penalty was abolished in Canada. Today, people are sentenced to life imprisonment instead of being hung.

Would you want to live in
London-Middlesex in 1898?

Yes	No
Send me your reason!

Researched and written by Karen Allen
Summer 1999

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