The Beginning of Democracy Under the Constitutional Act

Under the Constitutional Act of 1791, a Legislative Assembly was to be established in Upper Canada and Lower Canada. The people of each province (colony) voted for the members who would make up their Legislative Assembly.

Elected members debated and passed laws and budgets to govern the internal affairs of the colony, including:

• justice

• education

• culture

• agriculture

But the governor had a right of veto, allowing him to reject any bill passed by the Legislative Assembly. This meant that even if the members of the Legislative Assembly supported a bill, the governor could prevent it from being implemented.

To be eligible to vote for a member, a voter had to be at least 21 years old, a British subject and a landowner (in the countryside) or a property owner (in the city). Women had the right to vote as long as they met these requirements and they had this right until it was revoked in 1849.

In the early days of parliamentarianism in Lower Canada, the Legislative Assembly was divided into two groups with opposing interests and ideas. By coming together in parties, members could organize themselves to consolidate their positions in debates. Members would choose one group over the other based on each side’s language and values. There was the British Party, which mainly attracted British people, and the Parti canadien, which mainly consisted of French Canadians. These groups were the colony’s first political parties.

The Parti canadien opposed the British Party and mainly counted French Canadians from the professional middle class among its members. This party had the firm support of the French-speaking population of Lower Canada because it promoted values that were important to Francophones, including the French language and Catholicism. The members of this party soon realized that the parliamentary structure provided for in the Constitutional Act was not to their benefit. The right of veto of the governor, who supported the British Party, considerably limited the Parti canadien’s ability to pass legislation.

The Legislative Council, whose members were not elected by the people, also had the right to reject or amend bills passed by the Legislative Assembly. This reality compelled the Parti canadien to adopt a more reformist ideology and to call for political changes like responsible government.

Political newspapers such as Le Canadien and La Minerve promoted this party’s ideas.