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Divorce in a Small Province: A History of Divorce on Prince Edward Island from 1833

T H E HISTORY OF DIVORCE IN CANADA is a veritable quagmire of inconsistencies and contradictions — constitutional, legal, and moral. Complicating matters even further are frequent misapprehensions and misunderstandings, particularly among the lay public, about the nature and extent of divorce law and practice in Canada's past. Contrary to popular mythology, the common law provinces of Canada did not slavishly follow British precedents and practice during the colonial period. Although the common law and Anglo-Canadian legislation did provide some common thread to the experience of divorce, at least outside Quebec, it is impossible to deal sensibly with much of its history except on a province-by-province basis. Before Confederation the provinces of British North America had widely varying procedures on divorce, which was plainly a provincial matter. And despite the granting of jurisdiction over divorce to the Dominion in section 91 of the British North America Act, as in other legal matters the provinces retained a substantial say on the subject. Sections 129 and 146 provided that all laws in force and all courts to enforce them — including divorce courts — in the provinces entering union would be allowed to continue.