Introduction To Quebec Law

Beyond redrawing North American borders and establishing a permanent system of governance, the Quebec Act of 1774 fundamentally changed British notions of empire and authority. Although it is understood as a formative moment - indeed part of the "textbook narrative" - in several different national histories, the Quebec Act remains underexamined in all of them. The first sustained examination of the act in nearly thirty years, Entangling the Quebec Act brings together essays by historians from North America and Europe to explore this seminal event using a variety of historical approaches. Focusing on a singular occurrence that had major social, legal, revolutionary, and imperial repercussions, the book weaves together perspectives from spatially and conceptually distinct historical fields - legal and cultural, political and religious, and beyond. Collectively, the contributors resituate the Quebec Act in light of Atlantic, American, Canadian, Indigenous, and British Imperial historiographies. A transnational collaboration, Entangling the Quebec Act shows how the interconnectedness of national histories is visible at a single crossing point, illustrating the importance of intertwining methodologies to bring these connections into focus.

This introductory text is intended to demystify the law and to provide information on the key components of the Canadian legal system including chapters on: The nature of law and competing theories of law Legal pluralism - how the Canadian legal system interacts with various religious legal systems Sources of Canadian law including legislation and caselaw The legal history of Britain, the reception of English law in Canada, the history of Civil Law in Quebec, and the bijural system The Constitution and the Canadian Charter of Rights and Freedoms The structure of Canadian government Courts across Canada and the work of judges and lawyers Problems regarding access to justice Substantive law including Criminal Law, Property Law, Contract Law, and Tort Law Procedural laws governing civil disputes and criminal prosecutions.

The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?