The Legislative Council of Upper Canada was the upper house of the Parliament of Upper Canada, the legislature of the colonial government of Upper Canada in British North America. Modelled after the British House of Lords, it was created by the Constitutional Act 1791 and was in operation between 1792 and 1841.

The Legislative Council was noted for its routine disregard for the will of the elected lower house, the House of Assembly of Upper Canada. Due to the heavily overlapping membership between the Legislative Council and the Executive Council, and to the Family Compact's dominance in these two councils, the Legislative Council was, as observed by Earl of Durham in his consequential report, "practically hardly any thing but a veto in the hands of public functionaries on all the acts of that popular branch of the legislature in which they were always in a minority. This veto they used without much scruple."(Durham Report) Upon the union of Upper Canada and Lower Canada in 1841 as the Province of Canada, the functions of the Legislative Council was assumed by a similarly named successor body, the Legislative Council of the Province of Canada. Both bodies were predecessors of today's Senate of Canada.

Composition The Constitution Act 1791 specified that the Legislative Council shall consist of at least seven members, each of no less than twenty-one years of age. Members were appointed by the Lieutenant Governor for life but could be removed for limited grounds including swearing allegiance to a foreign power, non-attendance of four consecutive years, and treason. Since the council was modelled after the House of Lords, the enabling legislation provided for the ability to attach membership to hereditary titles grant through letters patent. While three residents of Upper Canada were created baronets, no legislative council membership were attached to their baronetcies.

The first nine members of the council were appointed on 12 July 1792. Upon parliament being summoned on 17 September 1792, William Osgoode, James Baby, Robert Hamilton, Richard Cartwright, John Munro, Alexander Grant and Peter Russell took their oaths and were seated, with Osgoode being Speaker. Richard Duncan did not take his seat until June 1793. William Robertson resigned without having taken his seat.

The extensive overlap of the council membership with the membership of the Executive Council started right from their inaugural appointments by Lieutenant Governor John Graves Simcoe. The five executive councillors he appointed in 1792 were all concurrently legislative councillors: William Osgoode, James Baby, Alexander Grant, William Robertson and Peter Russell. Of the thirty-eight executive councillors of Upper Canada, only twelve were not concurrently legislative councillors. Of the twelve, six were senior British Army officers, and two were sons of legislative councillors.

The Legislative Council was dissolved on 10 February 1841 when Upper and Lower Canada were united into the Province of Canada. Some members were reappointed to the Legislative Council of the united Province of Canada.

Speaker The Constitution Act 1791 authorized the provincial governor to appoint or remove the Legislative Council's speaker. By custom, the Chief Justice of the Court of King's Bench were appointed as the Speaker of the Legislative Council for much of Upper Canada's existence, with only two exceptions. 1792–1794 - William Osgoode 1795–1796 - Peter Russell (while the office of the Chief Justice was vacant) 1796–1802 - John Elmsley 1803–1806 - Henry Allcock 1806–1816 - Thomas Scott 1816–1825 - William Dummer Powell 1825–1829 - William Campbell 1829–1840 - John Beverley Robinson April 1839 – June 1840 - Jonas Jones (interim while Robinson on leave)

List of Members of the Legislative Council Re-appointed to Legislative Council of the Province of Canada Member of Executive Council of Upper Canada † Died in office

Member Town Appointed EndedNotes Sandwich † Kingston † Williamsburgh Removed for non-attendance; York † Niagara † Eastern District † York Departed to assumed chief justiceship of Lower Canada Sandwich Resigned, did not take seat; York † York † Quebec City † Excused from attendence Sr.York Appointed Chief Justice of Lower Canada York † York Appointed Legislative Councillor of Lower Canada York † Port Talbot Niagara † Chippawa † Niagara Ernestown Cornwall Not applicable Never attended York † York Sandwich † Excused form attendence; left Upper Canada 1831 York York † York Ceased attendence after 1838 due to sex scandal York York Appointed exexcutive councillor and was elected to the Legislative Assembly upon the union York † York Retired from politics upon the union York † York † Brockville † Amherstburg York Kingston York Cobourg York Eastern District Cobourg Queenston Esquesing Kingston W. Flamborough Kingston † Brockville Excused, ceased attendence after 1932 March Grimsby † Ceased attendence after 1932 Peterborough Perth Hamilton † Kingston Cornwall Cornwall Toronto Toronto Gore District Adelaide Toronto Prince Edward Gananoque Bathurst DistrictNot applicable Never attended Ernestown Woodstock Eastern District Williamstown Gore District

Meeting Locations The Legislative Council sat in the same building as the Legislative Assembly of Upper Canada. The journals of the Legislative Council noted that its meeting were held at "the chamber", without specifying the exact location.

See also Parliament of Canada Legislative Assembly of Upper Canada Legislative Council of Lower Canada Legislative Assembly of Lower Canada Legislative Assembly of the Province of Canada Legislative Council of the Province of Canada Legislative Assembly of Ontario

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External links Ontario's Historical Plaques