The four traditional sources of law: legislation, jurisprudence, doctrine and common law together make up Quebec law. [1] Legislation is the primary source, but since private law is exercised primarily within a civil tradition, case law is also a solid source. [2] [3] The Act includes the Constitution of Canada, the Acts of the Legislature of Quebec and the rules governing legislation. After all, Quebec`s legal framework stems from a completely different tradition than the OCR. The term „civil law“ is used to refer to two very different things, which can be a bit confusing at first for people trying to understand the justice system. Sometimes, as opposed to „common law“, the term is used to refer to the legal system based on a civil code such as the Justinian Code or the Civil Code of Quebec. In its other sense, civil law refers to matters of private law as opposed to public law, particularly criminal law, which deals with harm to society as a whole. The context usually indicates what type of civil law it is. You will be surprised to learn that, unlike most countries in the world, Canada is not governed by a single set of laws. There are two (actually three) jurisdictions in Canada. In Quebec, civil law is the legal system because of the province`s history as a French colony. In the rest of Canada, the common law prevails.
While they have much in common, there are important differences between the two: immigration, which is simply an effect of an agreement between Ottawa and Quebec, which recognizes that Quebec`s need for immigration is different from the rest of Canada because the French language does not have the same assimilation capacity as the English language. Every immigrant who moves to Canada almost automatically integrates into the English-speaking community by learning English. But the same is not true for French, and if Canada wants the French language to survive, it must adapt immigration to Quebec according to a different model that actively encourages the use of French. Democratic countries have a legislature or parliament, with the power to enact new laws or amend old ones. Canada is a federation – a merger of several provinces and territories with a central government. Thus, it has both a federal legislature in Ottawa to enact laws for all of Canada, and a legislature in each of the ten provinces and three territories that deals with laws in their territories. Laws enacted at both levels are called statutes, laws or laws. When the legislature or a provincial or territorial legislature passes legislation, it replaces the common law or precedents dealing with the same matter. Lawyers must hold a bachelor`s degree in civil law, complete a legal articling period, successfully complete the professional law course and be admitted to the Barreau du Québec before they can practise. Currently, five universities in Quebec and one university in Ontario offer a Bachelor of Civil Law under different names: McGill University awards a Bachelor of Civil Law, the University of Ottawa awards a Bachelor of Laws (LL.L.), while other universities, such as Université Laval, award a Bachelor of Laws (LL.B.). The Civil Code contains a comprehensive workshop on regulation.
Many of them are formulated as general principles for the settlement of disputes that may arise. Unlike common law courts, courts in a civil justice system first look at a civil code and then refer to previous decisions to see if they are consistent. If a person feels that their rights have been violated, there are several possibilities. Private law in Quebec concerns all relations between natural or legal persons and is largely subject to the jurisdiction of the Parliament of Québec. The Canadian Parliament also influenced Quebec private law, notably through its power over banks, bankruptcy, marriage, divorce and the law of the sea. [15] Quebec Civil Law is the main component of Quebec private law and is codified in the Civil Code of Quebec. [16] The Civil Code of Québec is the main text defining the Common Jus in Québec and contains the principles and rules of law applicable to legal persons, property law, family law, obligations, civil liability, conflicts of laws, etc. For historical reasons, Quebec Civil Law has been strongly influenced by French Civil Law. [17] This blog is governed by the general rules of respectful civil discourse. You are fully responsible for everything you post. The content of all comments will be placed in the public domain, unless explicitly stated otherwise. The Library of Congress does not control published content.
Nevertheless, the Library of Congress may monitor user-generated content at its discretion and reserves the right to remove content for any reason without consent. Free links to websites are considered spam and may result in comments being deleted. We also reserve the right, in our sole discretion, to revoke a user`s right to post content on the Library website. Read our comment and posting guidelines. Municipal police services, such as the Service de police de la Ville de Montréal and the Service de police de la Ville de Québec, are responsible for law enforcement in their communities. The Sûreté du Québec plays the role of municipal police in the 1038 municipalities that do not have a municipal police. [39] Indigenous communities in Quebec have their own police forces. [40] Judges, lawyers and police invoke the criminal law when a person is charged with a crime.