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47-423: The Civil Code of Quebec governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the law of persons, the family, succession, property and civil liability. It also contains rules of evidence in civil matters and Quebec private international law. The Code's scope is summarized in its preliminary provision: The Civil Code of Québec , in harmony with

94-825: A Draft Civil Code with commentaries to the Quebec National Assembly on 15 August 1977. After further consultations during the 1980s, portions of the Book on the Law of the Family were adopted. The consultation process continued through to the early 1990s. The bill to enact the new Code was introduced into the National Assembly of Quebec on 18 December 1990 by Gil Rémillard , who was then Quebec's Minister of Justice . It received royal assent on 8 December 1991. It did not come into force until 1 January 1994, as

141-520: A bill has been approved by both the House of Commons and the Senate, royal assent is required to make the bill become law. The laws are then the responsibility of the government to oversee and enforce. Under Canada's Westminster-style parliamentary democracy , the terms government and Government of Canada refer specifically to the prime minister, Cabinet, and other members of the governing party inside

188-458: A limited number of members from the Senate ). During its term, the government must retain the confidence of the House of Commons and certain important motions , such as money bills and the speech from the throne , are considered as confidence motions . Laws are formed by the passage of bills through Parliament, which are either sponsored by the government or individual members of Parliament. Once

235-598: A majority of seats in Parliament, forming a governing party . Further elements of governance are outlined in the rest of the Canadian constitution , which includes written statutes in addition to court rulings and unwritten conventions developed over centuries. Constitutionally, the King's Privy Council for Canada is the body that advises the sovereign or their representative on the exercise of executive power. This task

282-655: A specific law. Many famous law professors at the time, such as Paul-André Crépeau , Jacques-Yvan Morin and Frank Scott , took part in drafting the Bill that would eventually become the Quebec Charter. On October 29, 1974, the minister of Justice, the liberal Jérôme Choquette , introduced the Bill before the National Assembly of Quebec . The Charter was adopted unanimously by the Assembly on June 27, 1975, and came into force on June 28, 1976. Since it came into force,

329-571: Is head of state and is personally represented by a governor general (currently Mary Simon ). A prime minister (currently Justin Trudeau ) is the head of government , who is invited by the Crown to form a government after securing the confidence of the House of Commons , which is typically determined through the election of enough members of a single political party in a federal election to provide

376-522: Is carried out nearly exclusively by the Cabinet, which functions as the executive committee of the Privy Council that sets the government's policies and priorities for the country and is chaired by the prime minister. The sovereign appoints the members of Cabinet on the advice of the prime minister who, by convention, are generally selected primarily from the House of Commons (although often include

423-459: Is supreme, binding the federal parliament and the legislative assemblies of Canada's provinces and territories. The Quebec Charter's supremacy under its section 52 applies to the following categories of rights: fundamental rights and freedoms (the right to life, free speech, freedom of religion, the right to privacy, etc.); the right to equality; political rights; and judicial rights. Economic and social rights do not enjoy supremacy but, according to

470-572: Is the body responsible for the federal administration of Canada . The term Government of Canada refers specifically to the executive, which includes ministers of the Crown (together in the Cabinet ) and the federal civil service (whom the Cabinet direct); it is alternatively known as His Majesty's Government (French: Gouvernement de Sa Majesté ) and is corporately branded as the Government of Canada . There are over 100 departments and agencies, as well as over 300,000 persons employed in

517-656: Is unique among Canadian (and North American) human rights documents in that it covers not only the fundamental (civil and political) human rights but also a number of important social and economic rights. The protections contained in the Charter are inspired by the Universal Declaration of Human Rights , the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights . Furthermore,

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564-536: The Charter of human rights and freedoms (chapter C-12) and the general principles of law, governs persons, relations between persons, and property. The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune , expressly or by implication. In these matters, the Code is the foundation of all other laws, although other laws may complement

611-558: The Canadian Charter of Rights and Freedoms and/or the Canadian Human Rights Act . The Charter of Human Rights and Freedoms is called quasi-constitutional because, according to section 52, no provision of any other Act passed by the Quebec National Assembly may derogate from sections 1 to 38, unless such Act expressly states that it applies despite the charter (roughly acting as an equivalent opt-out to

658-640: The Charter of Human Rights and Freedoms stands at the pinnacle of Quebec's legal system. Only the Constitution of Canada , including the Canadian Charter of Rights and Freedoms , enjoys priority over the Quebec charter. Other Canadian provinces and territories have adopted similar laws. The Charter of Human Rights and Freedoms consists of seven parts: The Charter of Human Rights and Freedoms

705-743: The Field Code movement in New York , and the Civil Code of the Canton of Vaud (1819). In 1955, the Government of Quebec embarked on a reform of the Civil Code. The Civil Code Revision Office was established, headed by Thibaudeau Rinfret , a former Chief Justice of Canada . In 1960, the role of the Office was expanded to include the appointment of four codifiers to work on a definitive draft for

752-539: The House of Commons , but typically includes the federal public service and federal departments and agencies when used elsewhere. This differs from the United States , where the executive branch is referred to as an administration and the federal government encompasses executive, legislative, and judicial powers, similar to the Canadian Crown . In press releases issued by federal departments,

799-529: The King-in-Council . On the advice of the Canadian prime minister, the sovereign appoints a federal viceregal representative —the governor general (currently Mary Simon )—who, since 1947, is permitted to exercise almost all of the monarch's royal prerogative ; though, there are some duties which must be specifically performed by the monarch themselves (such as assent of certain bills). In case of

846-539: The Public Service of Canada , and the Canadian Armed Forces . One of the main duties of the Crown is to ensure that a democratic government is always in place, which includes the appointment of a prime minister , who heads the Cabinet and directs the activities of the government. Not outlined in any constitutional document, the office exists in long-established convention , which stipulates

893-477: The Supreme Court of Canada in the 2002 case of Gosselin v. Quebec (Attorney General) , failure to respect such a right may give rise to a judicial declaration of violation. The Charter provides for specific machinery in cases of discrimination (or exploitation of an elderly person or person with a disability). Instead of introducing litigation in court, victims of such a violation may file a complaint with

940-542: The Union Nationale government of Daniel Johnson . Before the adoption of the Charter, Quebec did not have a Bill of Rights, unlike some of the other provinces. At that time, the Civil Code ( Code civil du Bas-Canada ) served to protect some Human Rights and Freedoms. The Ligue des droits de l'Homme (now the Ligue des droits et libertés ) convinced the government of the importance of protecting Human Rights through

987-467: The advice of the King's Privy Council for Canada , referred to as the King-in-Council . However, the Privy Council—consisting mostly of former ministers, chief justices , and other elder statesmen—rarely meets in full. In the construct of constitutional monarchy and responsible government , the advice tendered is typically binding, meaning the monarch reigns but does not rule , with

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1034-502: The notwithstanding clause of the Canadian Charter of Rights and Freedoms ). A total impossibility to adopt derogating laws could be considered incompatible with parliamentary sovereignty , a fundamental principle in political systems following the British tradition; however, Canada, of which Quebec is a province, has a tradition of constitutional supremacy. Its Constitution, which includes the Canadian Charter of Rights and Freedoms ,

1081-530: The "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe , coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa , the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson . The Charter recognizes that every person on

1128-419: The Cabinet ruling "in trust" for the monarch. However, the royal prerogative belongs to the Crown and not to any of the ministers, and there are rare exceptions where the monarch may be obliged to act unilaterally to prevent manifestly unconstitutional acts. The stipulations of responsible government require that those who directly advise the Crown on the exercise the royal prerogative be accountable to

1175-491: The Charter was modified many times in order to better guarantee Human Rights: Note that except when the legislator modifies the text of the Charter, the evolution of the Charter and the interpretation of its disposition are the result not only from the decisions of the courts, but also from the struggles carried out by civil society. Notable cases decided under the Charter include: Government of Canada The Government of Canada ( French : Gouvernement du Canada )

1222-647: The Charter, and the Human Rights Tribunal of Québec (French: Tribunal des droits de la personne ). The Charter ranks among other quasi-constitutional Quebec laws, such as the Charter of the French Language and the Act respecting Access to documents held by public bodies and the Protection of personal information . Having precedence over all provincial legislation (including the latter),

1269-488: The Charter, whether by a private party or by the provincial Crown , may give rise to a cease-and-desist order and to compensation for damages. Punitive damages may be awarded in case of an intentional and unlawful violation. The Quebec Charter does not apply to federally regulated activities in Quebec, such as the federal public services, banks, telecom companies (e.g.: CBC, Bell, Rogers), and air, rail, or sea transport services (e.g.: Air Canada, Via Rail). Those are subject to

1316-459: The Code or make exceptions to it. As the cornerstone of Quebec's legal system, the Civil Code is frequently amended in order to keep in step with the demands of modern society. The Civil Code of Quebec comprises over 3,000 articles and is structured into major divisions and subdivisions called books, titles, chapters and subsections. The Code is made up of ten books: The Code restatement of

1363-406: The Code or make exceptions to it. The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the jus commune , or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as the foundation of all other adjacent laws, although other laws may supplement

1410-472: The Crown must select as prime minister the person most likely to command the confidence of the elected House of Commons , who, in practice, is typically the leader of the political party that holds more seats than any other party in that chamber (currently the Liberal Party , led by Justin Trudeau ). Should no particular party hold a majority in the House of Commons, the leader of one party—either

1457-561: The Government of Canada. These institutions carry out the programs and enforce the laws established by the Parliament of Canada . The federal government's organization and structure was established at Confederation , through the Constitution Act, 1867 , wherein the Canadian Crown acts as the core, or "the most basic building block", of its Westminster-style parliamentary democracy . The monarch, King  Charles III

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1504-657: The Human Rights and Youth Rights Commission. The commission will investigate the matter and attempt to foster a settlement between the parties. It may recommend corrective measures. If those are not followed, the commission may introduce litigation before a court (usually, but not necessarily, the Human Rights Tribunal). Victims can be represented free of charge by the commission (subject to the commission's discretion). The Charter of Human Rights and Freedoms followed extensive preparatory work that began under

1551-521: The civil law in Quebec as of the date of its adoption, including judicial interpretation of codal provisions, that included several significant changes from the former Code: The substantive law of the 1866 Civil Code of Lower Canada was derived primarily from the judicial interpretations of the law that had been in force to that date in Lower Canada. The work of the Commission on codification

1598-415: The conventional stipulations of a constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited. The term Government of Canada , or more formally, His Majesty's Government refers to the activities of the King-in-Council . The day-to-day operation and activities of the Government of Canada are performed by the federal departments and agencies , staffed by

1645-471: The elected House of Commons and the day-to-day operation of government is guided only by a sub-group of the Privy Council made up of individuals who hold seats in Parliament, known as the Cabinet . The monarch and governor general typically follow the near-binding advice of their ministers. The royal prerogative, however, belongs to the Crown and not to any of the ministers, who only rule "in trust" for

1692-529: The first Harmonization Act, the Federal Law and Civil Law of the Province of Quebec Act was passed, which came into effect on 1 June 2001, which: It is estimated that, as of 2011, the federal harmonization project was 46% complete. Quebec Charter of Human Rights and Freedoms The Charter of Human Rights and Freedoms ( French : Charte des droits et libertés de la personne ), also known as

1739-417: The first jurisdiction larger than a city or county to prohibit anti-gay discrimination. In 2016, gender identity or expression was added to the Quebec Charter. Every person, group, institution, private persons, public and private services, as well as the government of Quebec (its institution and the municipal and school governmental administration) are bound by the Charter. Therefore, an illicit violation of

1786-681: The government has sometimes been referred to as the current prime minister's government (e.g. the Trudeau Government ). This terminology has been commonly employed in the media. In late 2010, an informal instruction from the Office of the Prime Minister urged government departments to consistently use, in all department communications, such phrasing (i.e., Harper Government , at the time), in place of Government of Canada . The same Cabinet earlier directed its press department to use

1833-448: The governor general's absence or incapacitation, the administrator of Canada performs the Crown's most basic functions. As part of the royal prerogative, the royal sign-manual gives authority to letters patent and orders-in-Council . Much of the royal prerogative is only exercised in-council, meaning on the advice of the King's Privy Council for Canada ( ministers of the Crown formed in Cabinet in conventional practice); within

1880-454: The list of prohibited grounds of discrimination included in the Quebec Charter is extensive; a total of fourteen prohibited grounds are enumerated, including race, colour, ethnic or national origin, sex, pregnancy, age, disability, and language. "Social condition" has been a prohibited ground of discrimination since the charter came into force. Discrimination based on sexual orientation has been prohibited since 1977; with that change, Quebec became

1927-400: The monarch and who must relinquish the Crown's power back to it upon losing the confidence of the commons, whereupon a new government, which can hold the lower chamber 's confidence, is installed by the governor general. The royal and vice-royal figures may unilaterally use these powers in exceptional constitutional crisis situations (an exercise of the reserve powers ), thereby allowing

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1974-420: The necessary legislation to provide transitional rules determining what matters would be subject to the new Code was not passed until 1992. The Government of Canada has been undertaking a review of all federal laws that deal with private law to ensure that they take into consideration the terminology, concepts and institutions of Quebec civil law. In that regard, the following Acts have been passed: As part of

2021-666: The new Code. In 1961, Rinfret stepped down from the Office, and was replaced by André Nadeau who served until his appointment to the Superior Court of Quebec in 1964. Paul-André Crépeau was subsequently appointed to head the Office, where he served until 1977. The reform process that led to the replacement of the Civil Code of Lower Canada by the Civil Code of Quebec was one of the largest legislative recodification undertakings in any civil law jurisdiction . The Office produced reports, held consultations, and presented

2068-468: The party with the most seats or one supported by other parties—will be called by the governor general to form a minority government . Once sworn in, the prime minister holds office until their resignation or removal by the governor general, after either a motion of no confidence or defeat in a general election . The executive is defined in the Constitution Act, 1867 as the Crown acting on

2115-430: The phrase Canada's New Government . Canada is a constitutional monarchy, wherein the role of the reigning sovereign is both legal and practical, but not political. The monarch is vested with all powers of state and sits at the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under the sovereign's authority. The executive is thus formally referred to as

2162-587: The territory of Quebec is equal in value and in dignity. Since the Charter aims to guarantee human rights and to harmonize the relations between citizens, and between citizens and institutions, the Charter binds the state (legislature, executive, administrative) and applies to private law relations (between persons). The Charter also establishes the Commission des droits de la personne et des droits de la jeunesse (Human Rights and Youth Rights Commission, also known by its acronym "CDPDJ"), charged to promote and apply

2209-580: Was also inspired by some of the modernizations found in the 1804 Napoleonic code . At the time of Canadian Confederation , the Civil Code of Lower Canada replaced most of the laws inherited from the Custom of Paris and incorporated some English law as it had been applied in Lower Canada such as the English law of trusts . The former Civil Code was also inspired by the Louisiana Civil Code ,

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