https://secure.wikimedia.org/wikipedia/en/wiki/Law_of_Canada#Civil_Law"For historical reasons, Quebec has a hybrid legal system. Private law
follows the civil law tradition, originally expressed in the Coutume
de Paris as it applied in what was then New France. Today, the jus
commune of Quebec is codified in the Civil Code of Quebec. As for
public law, it was made that of the conquering British nation after
the fall of New France in 1760, that is the common law. It is
important to note that the distinction between civil law and common
law is not based on the division of powers set out in the Constitution
Act, 1867. Therefore, legislation enacted by the provincial
legislature in matters of public law, such as the Code of Penal
Procedure, should be interpreted following the common law tradition.
Likewise, legislation enacted by the federal Parliament in matters of
private law, such as the Divorce Act, is to be interpreted following
the civil law tradition and in harmony with the Civil Code of Quebec."
On 1/13/11, Karl Dubost <
[hidden email]> wrote:
> Hi,
>
> not being Canadian native, I still struggle with some facts. The Canadian
> provinces but Quebec seem to have adopted the british legal system and
> Quebec the Code Napoléon. I was wondering if this had any impact on the way
> we foresee open data and access to resources.
>
> IANAL.
>
> --
> Karl Dubost
> Montréal, QC, Canada
>
http://www.la-grange.net/karl/>
> _______________________________________________
> CivicAccess-discuss mailing list
>
[hidden email]
>
http://lists.pwd.ca/mailman/listinfo/civicaccess-discuss--
-
Locked
