Topic > The History of Quebec's Justice System

Quebec carries 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 which dates back hundreds of years and is worth learning about. The roots of this legal system itself are historically linked and are mainly based on civil law and the French Napoleonic code, which differs completely from the rest of the Canadian provinces, since private law is directly drawn from the British common law tradition. Given this unique aspect of our province, it is worth summarizing the history of Quebec's justice system, which will be the main purpose of this essay. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay The roots of law in Quebec first began through the exploration and colonization of New France (Quebec) which eventually derived its legal system from two major European countries' systems. This European influence was evidently evident, as 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” (Customs of Paris) for its regional codes of civil law, after the Hundred Years' War had devastated 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 mainly used by courts to find a solution and then refer to previous cases to ensure a certain level of consistency. The underlying structure of the Paris customs was influenced by Roman law and consisted primarily of written titles regarding family, inheritance, property, and debt recovery, which provided state officials and parliaments with the task of improving and monitoring the judicial system. In 1664, King Louis These sets of codified laws would then continue for another hundred years or so until 1759. Here, the English had won over the French after the rampant 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 the English victory. The authorities then stipulate that British law will apply to both criminal and civil law matters, during which the French population of New France boycotted the English courts. Uncertainty about the future of the French population would be resolved in 1774 with the entry into force of the Quebec Act. This same act ironically allowed for French civil law and civil procedure in Quebec, but still included the English criminal law system. The foundations were laid for a “bijuralist” legal system that has continued to evolve ever since. Despite these changes, the French and English were still strongly opposed to each other, and with rampant population growth by Loyalists attempting to escape the 13 colonies (United States), the conflict only worsened . 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 (present-day Ontario). This language-related division allowed the English to restore British common law..