The 5th Parliament of Upper Canada was the composition of the Parliament of Upper Canada between February 1809 and May 1812, and consisted of
The Crown of the United Kingdom, as represented by Francis Gore, the Lieutenant Governor of Upper Canada during its first three years and by General Isaac Brock, the colony's administrator (the acting governor) during its final year, and advised by the Executive Council of Upper Canada the appointed members of the Legislative Council of Upper Canada that were in office during that time members elected to the House of Assembly of Upper Canada in elections held in May 1808.
While references to "parliament" in modern Canadian and British political discourse generally refer to the elected chamber of the legislature, the elected assembly of Upper Canada wielded relatively little power relative to the unelected legislative council and was afforded little deference by either the Lieutenant Governor or the Legislative Council. Accordingly, the Crown and the upper house were both significant elements of parliaments in its role as the legislature of the colony.
Sessions The 5th Parliament was convened over four sessions, held between February and March of each of the years 1809, 1810, 1811, and 1812.Archives of Ontario
SessionsStartEnd1st2 February 18099 March 18092nd1 February 181012 March 18103rd1 February 181113 March 18114th1 February 18126 March 1812 All sessions were held at the Palace of Parliament located at the located at the intersection of Front Street and Parliament Street in York, Upper Canada (now City of Toronto, Parliament Street was named due to the building, though Front Street was on the Bay at the time). It would be the last parliament to be in session at the site for its entirety. The Palace of Parliament was set ablaze and destroyed by American Troops in the plundering following the Battle of York on April 27, 1813.
No known copies of the journals for the first session held 1809 survived to this day. Accordingly, some aspect of the 5th Parliament cannot be definitely explained or determined.
The 5th Parliament was dissolved on May 1, 1812 by the Administrator of the Government Isaac Brock who had been frustrated in his efforts to pass legislation preparing the colony for war with the United States. Elections were held in June that year and the 6th Parliament was convened in the last week of July for a very short extraordinary session, the first time more than one session of parliament was convened within a calendar year in Upper Canada.
Composition The composition of the House of Assembly was prescribed by legislation passed in March 1808. The membership of the assembly was expanded from nineteen seats in the 3rd and 4th parliaments to twenty-five seats. The six addition electoral divisions came from the following changes. 1792 districtsElectoral divisionsin 3rd and 4th Electoral divisionsin 5th EasternGlengarry & Prescott (duo-member)Glengarry (duo-member)PrescottMidlandLennox & AddingtonLennox & Addington (duo member)HomeDurham, Simcoe & York 1stEast York & SimcoeNorthumberland & DurhamWest York, 1st Lincoln & Haldimand(duo-member)West YorkNiagara1st Lincoln & Haldimand (duo-member)2nd, 3rd & 4th Lincoln (duo-member)2nd Lincoln3rd Lincoln4th LincolnLondonNorfolk, Oxford & MiddlesexNorfolkOxford & Middlesex List of Members
Members of the House of Assembly RidingMemberFirst elected/ previously electedNo. of termsDundasHenry Merkley18081st termEssexMatthew Elliott18042nd termEssexJean Baptiste Baby18081st termFrontenacAllan McLean18042nd termGlengarryAlexander Macdonell18003rd termGlengarryThomas Fraser18081st termGrenvilleStephen Burritt18081st termHastings & Ameliasburgh TownshipJames McNabb18081st termKentJohn McGregor18042nd termLeedsPeter Howard18042nd termLennox & AddingtonJohn Roblindisqualified in March 1810 because he was a Methodist preacher; Willet Casey was elected in a by-election in February 1811.18081st termWillet Casey (Feb 1811)18111st termLennox & AddingtonThomas Dorland18042nd term1st Lincoln County & HaldimandJoseph Willcocks18082nd term1st Lincoln & HaldimandLevi Lewis18081st term2nd LincolnDavid Secord18081st term3rd LincolnSamuel Street – Speaker 1809–181217964th term4th LincolnCrowell Willson18081st termNorfolkPhilip Sovereign18081st termNorthumberland and DurhamDavid McGregor Rogers18003rd termOxford & MiddlesexBenajah Mallory18042nd termPrescottThomas Mears18081st termPrince Edward except Ameliasburgh TownshipJames Wilsonunseated in 181018081st termJohn Stinson (Feb 1811)18111st termStormont & RussellJohn Brownelldied in December 1809 and was replaced by Abraham Marsh in September 1810.18081st termAbraham Marsh (Sept 1810)18101st termEast York & SimcoeThomas B. Gough18081st termWest YorkRichard Beasleyunseated in 180918081st termJohn Willson (Feb 1810)18101st term
Member of the Legislative Council
The Legislative Council was the appointed upper house of the parliament. It held veto power over all legislations passed by the elected assembly and exercised it regularly with little deference to assembly democratic mandate. Members were appointed for life (but were subject to removal for non-attendance), therefore the date for the end of their term were usually the date of their death. MemberTownAppointedTerm endedNotesJames BabySandwichJuly 12, 1792February 19, 1833Richard CartwrightKingstonJuly 12, 1792July 27, 1815Alexander Grant, Sr.YorkJuly 12, 1792May 8, 1813Also a member of the Executive CouncilRobert HamiltonNiagaraJuly 12, 1792March 8, 1809Æneas ShawYorkJune 19, 1794February 6, 1814 Jacob MountainQuebec CityJuly 1, 1794June 25, 1825Member ex officio Anglican Bishop of Quebec, did not attend any sittingJohn McGillYorkJune 10, 1797December 31, 1834Also a member of the Executive Council; Inspector General (1801–13); Auditor General of Land Patents (1813–18)Thomas ScottYorkAugust 7, 1806July 29, 1824Speaker of council ex officio Chief Justice of the Court of King's Bench (1806–16)Thomas TalbotPort TalbotSeptember, 1809February 10, 1841William ClausNiagaraFebruary 1, 1812November 11, 1826
See also Legislative Council of Upper Canada Executive Council of Upper Canada Legislative Assembly of Upper Canada Lieutenant Governors of Upper Canada, 1791-1841 Historical federal electoral districts of Canada List of Ontario provincial electoral districts
Notes
References
Further reading Handbook of Upper Canadian Chronology, Frederick H. Armstrong, Toronto : Dundurn Press, 1985.