English is not an official language in Quebec law. [4] However, the Constitution Act, 1867 requires the enactment of laws and regulations in both English and French, and any person may use English or French in the National Assembly and in the courts. The books and registers of the National Assembly must also be kept in both languages. [5] [6] I have seen that Quebec`s laws differ from Canadian laws in some respects, such as immigration and taxes. All I could see was that there was a referendum in 1995 to try to completely separate Quebec from Canada, but is that really the main reason or is there something else I skipped? Thank you for your time and have a good day! In Quebec, there are a large number of administrative tribunals that have jurisdiction to apply one or more laws. In total, the Quebec judicial system has more than 500 judges. Nearly 300 of them work in provincial courts, 25 in the Court of Appeal and nearly 200 in the Supreme Court. [36] You may 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 a lot in common, there are key differences between the two: if you compare it to the United States, for example, you can see how different our countries` education was. The United States came from a federal impulse – it actively shaped the United States, with ideas and values in mind.
Canada was created to make the provinces work better. Because our society is so complex, more laws are being enacted today than ever before. If our legislators had to deal with all the details of all the laws, the task would be almost impossible. To address this problem, Parliament and provincial and territorial legislatures often pass laws to give ministries or other government agencies the power to pass certain laws called ordinances. Regulations fulfill or extend the objectives of general laws. They have the force of law. For example, there are regulations that ensure the safety of our food or describe the type of storage tank to be used for petroleum products. In addition, all laws of Quebec and Canada must respect the Canadian Charter of Rights and Freedoms.
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] Civil law and common law sometimes overlap or contradict each other. For example, under subsection 91(26) of the British North America Act, 1867, marriage and divorce fall under federal jurisdiction. However, marriages are solemnly solemnized under the Civil Code of Québec, while divorce proceedings may apply federal laws and regulations and common law concepts such as in loco parentis, which have no equivalent in civil law, according to which only the biological or legally adoptive relationship with descendants is recognized. However, the criminal law is based on the common law system and is applied at the federal level. Obviously, the law has evolved and incorporated parts of the English common law system, but it remains very different from what applies in the rest of Canada.
“The Civil Code contains a set of rules which, expressly or implicitly, establish the common juice in all matters which correspond to the letter, spirit or object of its provisions. In these areas, the Code forms the basis for all other laws, although other statutes may supplement or make exceptions to the Code. The laws cover many issues. There are two main types: civil law and criminal law. In 1760, the capitulation of Montreal marked the beginning of British rule. Three years later, the “Province of Quebec” was created under the Royal Proclamation of 1763, issued by King George III under his Royal Prerogative. The inhabitants of Quebec thus became subjects of the British Crown and English law was imposed on them to encourage the English colonists. Despite these constitutional changes, the population consisted mainly of French settlers who spoke neither English nor understood English law. The judicial system is very rarely used and the application of the law is not uniform. In fact, the period between 1763 and 1774 was a military regime. French settlers protested against the introduction of English law into private relations and asked the king to restore their laws. After all, Quebec`s legal framework stems from a completely different tradition than the OCR.
For many Quebecers, the rest of Canada is still a foreign country with a different language, culture, customs and attitudes. The RCMP has the authority to enforce certain federal laws in Quebec. However, because of the existence of the Sûreté du Québec, its role is more limited than in the other provinces. [41] Laws are rules that govern society. Everyone is expected to know and respect the rights and duties of the law. These laws are often different in different countries. In Canada, most crimes and their penalties are contained in a penal code called the Criminal Code. This law applies to anyone 12 years of age or older. Offences such as sexual assault and robbery are found in the Criminal Code. Other crimes, such as drug trafficking or possession, are found in other criminal laws. The laws of Quebec must also respect the Quebec Charter of Human Rights and Freedoms, which applies only to Quebec.
At the provincial level, jurors can be a factor in any trial in the common law system. In Quebec, however, juries are much rarer in civil law and generally do not involve themselves in private disputes. Criminal law is not affected by the separation between customary and civil law, since criminal law and criminal procedure are federal and public law – the right to a jury trial in criminal cases, especially serious cases, is governed by federal rather than state laws. For offences under the provincial or federal laws of Quebec (including the Criminal Code), the Director of Law and Enforcement is responsible for prosecuting offenders before the courts by Crown prosecutors.