Introduction to the Justice System in Canada

Quebec/French Canada Quebec Civil Law The Quebec Act of 1774 allowed the province to continue using French civil law, rather than changing to common law, the system used in Britain (as well as the rest of Canada today). Quebec was, however, required to retain English criminal law. Later, in 1857, a Civil Code and a Code of Civil Procedure were drafted, as well as major sections of Quebec private law on property and civil rights and the form and style of proceedings in Quebec courts. These were enacted in 1866. Today, relationships between and dealings among persons subject to Quebec law are regulated by both the Civil Code and the Code of Civil Procedure. Over time, portions of English law have also found their way into Quebec private law. Bilingualism in Canada Linguistic plurality is a cornerstone of modern Canadian identity, and historically has been used by Indigenous peoples and French-Canadian communities (and other diverse language communities) to resist an English-speaking Canadian society determined to create a homogeneous British-Canadian national state. A linguistic balance was created when the Constitution Act, 1867 formed the Canada we know today, but it soon fell apart, leaving francophones living outside of Quebec (and other minority-language populations elsewhere in Canada) at risk. Nevertheless, francophone communities were determined not to give in. Finally, in 1963, Prime Minister Lester B. Pearson launched the Royal Commission on Bilingualism and Biculturalism to explore ways to put English and French on equal footing. The Commission’s findings eventually led to the Official Languages Act in 1969 which, in part, made French and English the official languages of Canada. For more information on the history behind the Official Languages Act, read our article on TCE, and check out our Official Languages Act Education Guide. Lord Guy Carleton, largely responsible for the Quebec Act (Library and Archives Canada/ Acc. no. 1997-8-1/e011165560) The Burning of the Parliament Building in Montreal, 1849 (McCord Museum/M11588) Margarine was illegal in Canada until 1948 in order to protect dairy farmers.

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