Justice

The justice system under the French Regime followed the same rules as in France. Criminal proceedings were governed by the "Ordonnance du roi" of 1670.

This ordinance regulated the conduct of officers of the court, the various stages of a trial, the recording of testimonies, the duties of the witnesses and the rights of the accused. This document also defined the procedures to be followed when pronouncing a verdict, handing down sentences, hearing appeals and carrying out torture sessions.

Trials took place behind closed doors, without a jury. Moreover, the accused did not have access to counsel by a lawyer, as lawyers were forbidden from practising in Nouvelle-France. As such, the accused stood alone before a judge and had to prove their innocence in the face of the proof brought against them.

During the 18^th century, philosophers, such as Diderot and Montesquieu, questioned the way in which a criminal trial was carried out and in particular the use of torture as a method for extracting the truth. Abolished in England, torture was still used in France when the accused refused to admit their guilt or reveal their accomplices.

In this section of the site, you will find documents regarding the administration of the colonial justice system, criminal trial proceedings, the role played by the various officers of the court and sentencing.