Expanding the Exploration of Civil Law in New France, beyond Quebec to Acadie: 1608-1867

Abstract

This study was completed in partial fulfillment of coursework in Civil Law Reasoning within the University of Ottawa, Faculty of Civil Law, Licentiate in Law, National Program. Obligations are also due to the paper sponsorship by the Cape Breton Island Foundation (CBIF) Incorporated, which is an independent, non-partisan public policy think tank focused on governance impacts on Cape Breton Island. In exploring Civil Law’s origin and evolution within New France, leading up to the creation of Quebec and the preservation of French Civil Law, this paper seeks to explore the status and operation of civil law in the rest of Canada’s New France territory which we know as Atlantic Canada today, and was formerly known as Acadie. Focus will be paid to Cape Breton Island (Isle Cap Breton), also formerly known as Isle Royale and which twice was part of New France with French Colonial status, and twice was defeated by British (and US) forces and annexed to Nova Scotia (a predominantly British Colony). During its annexations to Nova Scotia, it was also twice split off as its own colony with a constitution, Lieutenant Governor, Attorney General and legislature (which was never allowed to form), granted to it. The final annexation by Nova Scotia was in 1820 and it was performed under great protest by the executive administration and people of Cape Breton Island. In 1867 Nova Scotia joined Confederation, and the Provinces of Nova Scotia and New Brunswick’s provincial constitutions were protected. Whereas Cape Breton Island seeks a return of its constitution and legal system, a question to frame future research that is beyond the scope of this preliminary paper, is what historical, cultural, and legal influences will prospectively influence a society ripe for a potential multi-jural legal system with French and Scottish civil law heritage and a strong traditional Aboriginal presence? The goal of an early review of French civil law in Cape Breton Island and Atlantic Canada, will be to establish a deeper understanding of the regions colonial civil law legacy and to deepen an understanding of the legal history of the region during the period 1608-1763 (intermittent French rule) and 1763-1867 (final British rule).