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The nineteenth century in Montreal was a formative era in the development of modern labour relations. In particular, from 1830 to 1845 the contractual nature of master-servant relations became increasingly apparent, and resort to the local courts as a mechanism for resolving master-servant disputes became commonplace. Master-servant law was comprised of sometimes-competing sources such as notarial contracts and oral agreements, provincial statutes, and municipal bylaws, as well as common law principles and judicial discretion. Other complexities resulted from the discord between the relevant laws governing such relations within the city of Montreal and beyond its limits. Through analysis of primary sources, the author examines the nature and extent of servants rights in the judicial district of Montreal during this period. He devotes particular attention to both the constituent elements of master-servant relations and the most common types of disputes. He begins with an overview of the various forms of nineteenth century labour relations in the Montreal area. Next, he undertakes to elucidate the legal nature of these relations, the roles performed by notaries, and the use of indentures to record the reciprocal contractual obligations of masters and servants. He also considers the differences in master-servant law in the two principal areas of the judicial district of Montreal. Specifically, he considers the types of suits brought within the city of Montreal and beyond its limits and the impact of the different governing laws on their chances of success. Ultimately, servants, through the courts were generally able to protect their rights by bringing suits against their masters for various forms of misconduct.
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Labour relations in Montreal during the years 1830 to 1845 were characterized by flux. The encroachment of expanding industrialization brought with it new social phenomena and pressures, new technology, and a fundamental restructuring of employment relationships. Master-servant relations still contained elements of the deeply stratified and paternalistic labour relationships ingrained in the cultural and social fabric of earlier eras, but increasingly began to exhibit the rudiments of purely contractual relationships which would come to define the modern industrial era. Courts came to play an increasingly important role in resolving labour disputes between parties. While historically the law favored the strict contractual and socio-economic interests of masters, courts began to enforce the reciprocal duties owed by masters to their servants. Servants were accorded greater access to the courts to protect their interests, with the knowledge that they had recourse to extra-judicial means of protest if the law was not sufficiently responsive.
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