A Cautious Beginning:
The Court of Civil Jurisdiction 1791
by Christopher English and Christopher Curran
Foreword
by The Honourable Noel Goodridge
Chief Justice of Newfoundland
The early development of the court structure of Newfoundland was intertwined
with the fisheries. The merchant fishermen exercised strong influence in
Imperial policy with regard to the island. As a consequence, settlement was
discouraged by law and the establishment of a court system was considered
undesirable.
Notwithstanding that policy, settlement did take place and a court system was
introduced by degrees. Highlighting the reluctant introduction were King
William's Act (1699), the establishment of Sessions Courts by Captain Henry
Osborne (1729), the Court of Vice-Admiralty (1744) and the Courts of Oyer and
Terminer (1750), and Palliser's Act (1775) enlarging the jurisdiction of the
Sessions Courts.
The Act of 1791 was the culmination of the efforts of many people over a 100
year period to have a structured court system introduced. This essay, aptly
entitled A Cautious Beginning, depicts the struggle to gain this end. The
authors, Christopher Curran and Professor Christopher English, have
painstakingly extracted from Newfoundland history those events pertaining to
the development of the courts during that period.
The first Supreme Court of Newfoundland was indeed a cautious beginning. It
had limited civil jurisdiction and no criminal jurisdiction. It was nevertheless the
foundation upon which the present court structure was built. While we mark the
200th anniversary of this significant event in the development of judicature in
Newfoundland, we nevertheless recognize, as portrayed by the authors in this
graphic work, that the establishment of the Supreme Court at that time was, in
a way, the end of a beginning (to borrow from one of Churchill's many quotable
comments). It is important for us all to remember that justice was not always an
available commodity. Of the three cornerstones of democracy--a legislature, an
administration and an independent judiciary--only the administration was
present in that early period. The judiciary came in bits and pieces and that in
turn played a role in the establishment of representative government.
St. John's, Newfoundland
July 1991
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