The History of The Quebec Justice System

Quebec bears one of the most unique cultures, both historically and politically, in all of Canada. Not only is it recognized for its language, but for its distinctive legal system that goes back hundreds of years and is worth informing oneself about. The roots of this very legal system is historically bound and is overall based on civil law and Napoleonic Code from France, which completely differs from the rest of Canadian provinces, as private law is directly taken from the British common law tradition. Due to this unique aspect of our province, it is worth summarizing the history of the Quebec justice system, which will be the main purpose of this essay.

The roots of law in Quebec first began through the exploration and colonization of New France (Quebec) who eventually derived their legal system from two main European systems. This European influence was evidently obvious, as most of the “New World” citizens were inhabitants (or at least former inhabitants) of France. By the end of the sixteenth century, France had adopted the “Coutume de Paris” (Customs of Paris) for their regional codes of civil law, 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 the courts to find a solution and then refer to previous cases to assure a certain level of consistency. The underlying structure of the Customs of Paris was influenced by Roman law, and mainly consisted of written titles concerning family, inheritance, property and debt recovery, which provided state officials and parliaments to improve and monitor the justice system.

By 1664, King Louis XIV had decreed that the colony of New France would be bound by the Customs of Paris, as a way to expand their French kingdom, and it therefore became the source of civil law. These sets of codified laws would eventually go on for another one-hundred or so years until 1759. Here, the English had been victorious over the French after the rampant Seven Years’ War had taken over all social and political life. The now famous battle between both opposing army generals at the Plains of Abraham assured English victory. The authorities then rule that the British law will apply to both criminal and civil law matters, during which the French population of New France boycotted the English courts. The uncertainty of the future of the French population would be lifted in 1774 with the enactment of the Quebec Act. This very act ironically allowed French civil law and civil procedure in Quebec, but still included the English criminal law system. The foundation for a “bijuralist” legal system was laid and continued to evolve since then.

Regardless of these changes, the French and the English were still very much opposed to each, and with the rampant increase in population by loyalists attempting to escape the 13 colonies (United States), the conflict only became worse. The only solution to this problem was established in 1791 with the Constitutional Act, which sought to divide the province of Quebec in two: Lower Canada (south of present day Quebec) and Upper Canada (present day Ontario). This language bound division allowed the English to reinstate British common law in Upper Canada, whereas Lower Canada still operated under the French civil law. Subsequent rebellions would soon arise from both colonies in 1837 in an attempt to reform the government and make it responsible. These pleas were rejected by the British Crown and so both populations revolted. The conflict ended with a proclamation by Lord Durham, Governor General of British North America, who believed that uniting both colonies, as well as establishing a responsible government would eventually resolve all political and social distress.

This Act of Union was reinstated in 1840, which united both colonies to form the Province of Canada and was granted an official unified civil code of law. A commission was created in order to codify the laws that were already being applied at the time in civil and commercial matters. It took seven years to complete the code of laws and, in 1866, the Civil Code of Lower Canada was put into practice. One year later, The Code of Civil Procedure was introduced to help simplify private law within the province, and assured Quebec to enter the Canadian Confederation with a written private law, as well as a legal system bound by the civil law tradition. The new federation of Canada would soon create a necessary department of Justice with the adoption of the Department of Justice Act of 1868 which formally recognized the informal structure that was already in place. The rest is history.

Today, Quebec is the only Canadian province to have its own civil code which was established in 1994 as a way to codify the principles and decisions of case law. This code is the foundation of all other laws within the province, and is the primary tool used in courts to enforce laws. The unique legal system of Quebec, as opposed to the rest of the Canadian provinces, not only justifies our unique culture, but it accentuates our success at preserving such a system.