MP-0000.1815.2 | Commission to codify the laws of Lower Canada in civil matters, Quebec City, QC, about 1865
Commission to codify the laws of Lower Canada in civil matters, Quebec City, QC, about 1865
Livernois
about 1865, 19th century
Silver salts, paint (retouching) on paper mounted on card - Albumen process
22 x 33 cm
Gift of Mr. David Ross McCord
MP-0000.1815.2
© McCord Museum
Description
Keywords: male (26812) , Photograph (77678) , portrait (53878)
Keys to History
Along with seigneurialism, Lower Canada's unreformed civil law was seen as an impediment to progress, particularly since North America had overwhelmingly adopted English common law. In 1857, with George-Étienne Cartier as Attorney General, a Codification Commission was established to modernize Lower Canadian civil law. Three judges sat as codifiers: Charles Dewey Day (second from left), Augustin-Norbert Morin (second from right), and René-Édouard Caron (centre of photo). In 1866, just a year before Confederation, the new Civil Code came into effect, giving Quebec a distinct legal system.
Source : Confederation: The Creation of Canada [Web tour], by Brian J. Young, McGill University (see Links)
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What
Civil law determines relations that include family, religion and business. Lower Canada's civil law system came from France's Custom of Paris, and its maintenance was of great cultural importance.
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Where
Although this picture was taken by Quebec photographer Jules-Ernest Livernois in Quebec City, where the Commission had its offices, the codifiers had roots in the legal traditions of both that city and Montreal.
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When
Codification occurred in the late 1850s and early 1860s, as politicians moved to find a federalist solution to Canada's political crisis. The new code came into effect in 1866.
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Who
With Gothic pillars behind them, the three codifiers sit surrounded by their two legal secretaries. Codification was a critical prelude to Confederation, allowing Quebec to modernize its civil law system.
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