1846: Canada’s FirstInquiries Act

Abstract

Historical accounts of commissions of inquiry in Canada make only passing reference to the seminal 1846 Inquires Act. None explore the provenance of this legislation beyond a few sentences of the most general conjecture. This paper contends that Canada’s first Inquiries Act was a by-product of a political crisis that grew out of the politics and institutional processes integral to the resolution of claims for rebellion losses in Canada during the 1840s. As the events associated with the passage of the 1849 Rebellion Losses Bill would disclose, this crisis posed an existential threat to the viability of the Union. The passage of the Inquiries Act, precipitated by the immediate contingencies of the rebellion losses crisis, marked for Canada a fundamental shift in constitutional authority dating back to 1688. The Act embraced methods of inquiry denied to the Crown since the late seventeenth century. Though created by a democratic legislature, the Inquiries Act revived a Crown-driven inquisitional approach to public inquires long since inoperative in Great Britain. The Act thus marked a shift in the relationship between state and citizen, and opened a new terrain for the long struggle to protect the individual against the all-powerful state.