1923The Canadian Bar ReviewOpen access

SOME DIFFERENCES BETWEEN THE LAW OF QUEBEC AND THE LAW AS ADMINISTERED IN THE OTHER PROVINCES OF CANADA

Hon Mrjustice Anglin

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Abstract

There are many striking differences between the law of English-speaking provinces of Canada and the law of the Province of Quebec. Roman law seems to have influenced both areas of common and civil law. The most noteworthy divergence is the view as to the weight that should be given to judicial decisions as authority in subsequent cases. This view is arguably responsible for most of the minor and some of the major dissimilarities we now encounter in these systems. However, despite the differences in these systems of law, there is still a common purpose between civil and common law. This common purpose is what holds the system of law together; it is to protect to the utmost every right of person and property recognized by our civilization.

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What this paper is about

There are many striking differences between the law of English-speaking provinces of Canada and the law of the Province of Quebec. Roman law seems to have influenced both areas of common and civil law. The most noteworthy divergence is the view as to the weight that should be given to judicial decisions as authority in subsequent cases. This view is arguably responsible for most of the minor and some of the major dissimilarities we now encounter in these systems. However, despite the differences in these systems of law, there is still a common purpose between civil and common law. This common purpose is what holds the system of law together; it is to protect to the utmost every right of person and property recognized by our civilization.

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Available abstract

There are many striking differences between the law of English-speaking provinces of Canada and the law of the Province of Quebec. Roman law seems to have influenced both areas of common and civil law. The most noteworthy divergence is the view as to the weight that should be given to judicial decisions as authority in subsequent cases. This view is arguably responsible for most of the minor and some of the major dissimilarities we now encounter in these systems. However, despite the differences in these systems of law, there is still a common purpose between civil and common law. This common purpose is what holds the system of law together; it is to protect to the utmost every right of person and property recognized by our civilization.

Key concepts: Law, Civil law (Civil law), Common law, Comparative law, Public law, Minor (academic), Political science, Private law

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