blog




  • Essay / The history of the Quebec judicial system

    Quebec has one of the most unique cultures, both historically and politically, in all of Canada. Not only is it recognized for its language, but also for its distinctive legal system that dates back hundreds of years and is worth learning about. The roots of this same legal system are historically linked and based broadly on civil law and the Napoleonic Code of France, which differs completely from the rest of the Canadian provinces, as private law comes directly from the British common law tradition. Because of this unique aspect of our province, it is appropriate to summarize the history of the Quebec judicial system, which will be the main focus of this essay. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”? Get the original essay The roots of law in Quebec began with the exploration and colonization of New France (Quebec), which eventually derived its legal system from two main European countries. systems. This European influence was obviously evident, since most citizens of the "New World" were inhabitants (or at least former inhabitants) of France. By the end of the 16th century, France had adopted the "Coutume de Paris" for its regional civil law codes, after the Hundred Years' War had ravaged the country and its political structures. It is important to note that civil law is traditionally based on Roman law and always contains statements of rules called codes. These codes are primarily used by courts to find a solution and then refer to previous cases to provide some level of consistency. The underlying structure of Paris customs was influenced by Roman law and consisted primarily of written titles concerning family, inheritance, property and debt collection, which allowed state officials and parliaments to improve and monitor the justice system. In 1664, King Louis These sets of codified laws would last for another hundred years, until 1759. Here, the English had won victory over the French after the Seven Years' War had taken over all social and political life. The now famous battle between the two opposing army generals on the Plains of Abraham ensured English victory. The authorities then decided that British law would apply to both criminal and civil cases, during which the French population of New France boycotted the English courts. Uncertainty about the future of the French population was lifted in 1774 with the promulgation of the Quebec Act. Ironically, this law authorized French civil law and civil procedure in Quebec, but still included the English criminal law system. The foundations of a “bijural” legal system were laid and have continued to evolve since. Despite these changes, the French and English were still very much at odds with each other, and with the rampant increase in the population of Loyalists trying to escape the 13 colonies (United States), the conflict did not end. only gets worse. The only solution to this problem was established in 1791 with the Constitutional Act, which sought to divide the province of Quebec into two: Lower Canada (south of present-day Quebec) and Upper Canada (Ontario current). This linguistic division allowed the English to reestablish British common law in Upper Canada, while Lower Canada still operated under French civil law. Subsequent rebellions would soon break out in both..