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Quebec law
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which private law (including civil) matters are operated by French-heritage civil law. Public law (including criminal law) operates according to Canadian common law.
Quebec law is under the shared responsibility of the federal government and the provincial government. According to the Constitution of Canada, these two governments are each responsible for enacting law when it falls under their sphere of competence. As such, the federal government is responsible for criminal law, foreign affairs, commerce, interprovincial transportation, and telecommunications. The provincial government is responsible for property, family law, contract law, natural resources, the administration of justice and several social domains, such as social assistance, healthcare, education. A few areas such as immigration and agriculture have shared jurisdiction.
The four classic sources of law – legislation, case law, doctrine and customary law – together make up Quebec law. Legislation is the primary source, but because private law is mostly exercised under a civil tradition, case law is also a strong source. The law is made up of the Constitution of Canada, the laws of the Quebec Legislature and the rules related to legislating.
English is not an official language in Quebec law. However, both English and French are required by the Constitution Act, 1867 for the enactment of laws and regulations, and any person may use English or French in the National Assembly and the courts. The books and records of the National Assembly must also be kept in both languages.
Quebec's legal system was established when New France was founded in 1663. In 1664, Louis XIV decreed in the charter creating the French East India Company that French colonial law would be primarily based on the Custom of Paris, the variant of civil law in force in the Paris region.[full citation needed] Justice was administered according to the “Code Louis”, consisting of the 1667 ordinance on civil procedure and 1670 ordinance on criminal procedure. Trials were conducted under an inquisitorial system. The French law merchant was in force as regulated by the 1673 “Code Savary” on trade.
In 1763, at the conclusion of the Seven Years' War, France ceded sovereignty over Quebec to Britain, in the Treaty of Paris. The British Government then enacted the Royal Proclamation of 1763 which set out the principles for the British government of the colony. In particular, the Royal Proclamation provided that all courts in Quebec were to decide "... all Causes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England." This provision displaced the Paris customary law for all things civil and criminal. However, in 1774, the British Parliament passed the Quebec Act, which re-instated the civil law legal system for private law in general and property law in particular.
The key provision of the Quebec Act was s. VIII, which provided that all disputes relating to "Property and Civil Rights" were to be decided by the former law of Quebec. This phrase was carried forward as s. 92(13) of the British North America Act, 1867. This section granted all the provinces, including Quebec, the exclusive power to legislate with respect to private law matters. While courts in the other provinces operate under common law traditions, Quebec courts operate under a civil law tradition. In areas of public law, however, Quebec courts operate, like its fellow Canadian provinces and territories, under common law traditions. Quebec has therefore a bijuridical legal system.
Civil law and common law occasionally overlap or contradict each other. For instance, under section 91(26) of the British North America Act, 1867, marriage and divorce fall under federal jurisdiction. However, marriage ceremonies are solemnized according to the Civil Code of Quebec, while divorce proceedings may apply federal laws and regulations and common law concepts such as in loco parentis, which has no equivalent at civil law according to which only the biological or legally adoptive relationship with offspring are recognized. Criminal law is, however, based on the common law system and applied at the federal level.
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Quebec law
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which private law (including civil) matters are operated by French-heritage civil law. Public law (including criminal law) operates according to Canadian common law.
Quebec law is under the shared responsibility of the federal government and the provincial government. According to the Constitution of Canada, these two governments are each responsible for enacting law when it falls under their sphere of competence. As such, the federal government is responsible for criminal law, foreign affairs, commerce, interprovincial transportation, and telecommunications. The provincial government is responsible for property, family law, contract law, natural resources, the administration of justice and several social domains, such as social assistance, healthcare, education. A few areas such as immigration and agriculture have shared jurisdiction.
The four classic sources of law – legislation, case law, doctrine and customary law – together make up Quebec law. Legislation is the primary source, but because private law is mostly exercised under a civil tradition, case law is also a strong source. The law is made up of the Constitution of Canada, the laws of the Quebec Legislature and the rules related to legislating.
English is not an official language in Quebec law. However, both English and French are required by the Constitution Act, 1867 for the enactment of laws and regulations, and any person may use English or French in the National Assembly and the courts. The books and records of the National Assembly must also be kept in both languages.
Quebec's legal system was established when New France was founded in 1663. In 1664, Louis XIV decreed in the charter creating the French East India Company that French colonial law would be primarily based on the Custom of Paris, the variant of civil law in force in the Paris region.[full citation needed] Justice was administered according to the “Code Louis”, consisting of the 1667 ordinance on civil procedure and 1670 ordinance on criminal procedure. Trials were conducted under an inquisitorial system. The French law merchant was in force as regulated by the 1673 “Code Savary” on trade.
In 1763, at the conclusion of the Seven Years' War, France ceded sovereignty over Quebec to Britain, in the Treaty of Paris. The British Government then enacted the Royal Proclamation of 1763 which set out the principles for the British government of the colony. In particular, the Royal Proclamation provided that all courts in Quebec were to decide "... all Causes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England." This provision displaced the Paris customary law for all things civil and criminal. However, in 1774, the British Parliament passed the Quebec Act, which re-instated the civil law legal system for private law in general and property law in particular.
The key provision of the Quebec Act was s. VIII, which provided that all disputes relating to "Property and Civil Rights" were to be decided by the former law of Quebec. This phrase was carried forward as s. 92(13) of the British North America Act, 1867. This section granted all the provinces, including Quebec, the exclusive power to legislate with respect to private law matters. While courts in the other provinces operate under common law traditions, Quebec courts operate under a civil law tradition. In areas of public law, however, Quebec courts operate, like its fellow Canadian provinces and territories, under common law traditions. Quebec has therefore a bijuridical legal system.
Civil law and common law occasionally overlap or contradict each other. For instance, under section 91(26) of the British North America Act, 1867, marriage and divorce fall under federal jurisdiction. However, marriage ceremonies are solemnized according to the Civil Code of Quebec, while divorce proceedings may apply federal laws and regulations and common law concepts such as in loco parentis, which has no equivalent at civil law according to which only the biological or legally adoptive relationship with offspring are recognized. Criminal law is, however, based on the common law system and applied at the federal level.