Barreau du Quebec
   HOME

TheInfoList



OR:

The Bar of Quebec (french: Barreau du Québec) is the regulatory body for the practice of
advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However ...
s in the Canadian province of
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
and one of two legal regulatory bodies in the province. It was founded on May 30, 1849, as the Bar of Lower Canada (french: Barreau du Bas-Canada, links=no).


History

The beginnings of the Quebec Bar go back to 1693 when, as a Royal Province of the
French colonial empire The French colonial empire () comprised the overseas colonies, protectorates and mandate territories that came under French rule from the 16th century onward. A distinction is generally made between the "First French Colonial Empire", that exist ...
, ''
Canadien French Canadians (referred to as Canadiens mainly before the twentieth century; french: Canadiens français, ; feminine form: , ), or Franco-Canadians (french: Franco-Canadiens), refers to either an ethnic group who trace their ancestry to Fren ...
'' advocates first tried to obtain official recognition and were refused by
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Louis de Buade de Frontenac Louis de Buade, Comte de Frontenac et de Palluau (; 22 May 162228 November 1698) was a French soldier, courtier, and Governor General of New France in North America from 1672 to 1682, and again from 1689 to his death in 1698. He established a nu ...
, who upheld the 1678 edict by the Sovereign Council denying recognition of the legal profession in
New France New France (french: Nouvelle-France) was the area colonized by France in North America, beginning with the exploration of the Gulf of Saint Lawrence by Jacques Cartier in 1534 and ending with the cession of New France to Great Britain and Spa ...
. At that time, legal advocacy was carried out largely at the local level by an elected ''
syndic Syndic (Late Latin: '; Greek: ' – one who helps in a court of justice, an advocate, representative) is a term applied in certain countries to an officer of government with varying powers, and secondly to a representative or delegate of a univers ...
'', who would normally have had some education if not in the legal profession specifically, the Provost of Quebec (equivalent to an
attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
) being the only person required to have obtained formal legal education and training during that period in
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
. French Canadian advocates would not be recognized for nearly a century, by which time (after the
Battle of the Plains of Abraham The Battle of the Plains of Abraham, also known as the Battle of Quebec (french: Bataille des Plaines d'Abraham, Première bataille de Québec), was a pivotal battle in the Seven Years' War (referred to as the French and Indian War to describe ...
) they had become
British colonial The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
subjects. In 1765,
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
James Murray of the new British
Province of Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen ...
authorized the creation of the "Community of Lawyers" (''Communauté des avocats''), which granted commissions to its members allowing them to practise law as advocates,
notaries A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is disti ...
and
land surveyor Surveying or land surveying is the technique, profession, art, and science of determining the terrestrial two-dimensional or three-dimensional positions of points and the distances and angles between them. A land surveying professional is ...
s. The precursor to the present-day Bar of Quebec, the Community of Lawyers, adopted the first-ever code of ethics and conduct. The Bar of Quebec became an independent corporation in 1849 through the ''Act to incorporate the Bar of
Lower Canada The Province of Lower Canada (french: province du Bas-Canada) was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence (1791–1841). It covered the southern portion of the current Province of Quebec ...
'' (11-12 Vict.
849 __NOTOC__ Year 849 ( DCCCXLIX) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Battle of Ostia: A Saracen Arab fleet from Sardinia sets sail t ...
c.46.) and was granted sole responsibility for admission to the study and practice of law. The Act authorizing the incorporation of the Bar of Quebec was influential elsewhere and inspired the formation of similar corporations, such as the
State Bar of California The State Bar of California is California's official attorney licensing agency. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate disciplin ...
.


Admission

Admission to the Bar of Quebec is a prerequisite for practising law in Quebec. Quebec applicants must be graduates of the law faculty of one of six universities: the
Université de Montréal The Université de Montréal (UdeM; ; translates to University of Montreal) is a French-language public research university in Montreal, Quebec, Canada. The university's main campus is located in the Côte-des-Neiges neighborhood of Côte- ...
, the
Université du Québec à Montréal The Université du Québec à Montréal (English: University of Quebec in Montreal), also known as UQAM, is a French-language public university based in Montreal, Quebec, Canada. It is the largest constituent element of the Université du Qué ...
,
McGill University McGill University (french: link=no, Université McGill) is an English-language public research university located in Montreal, Quebec, Canada. Founded in 1821 by royal charter granted by King George IV,Frost, Stanley Brice. ''McGill Univer ...
,
Laval University Laval means ''The Valley'' in old French and is the name of: People * House of Laval, a French noble family originating from the town of Laval, Mayenne * Laval (surname) Places Belgium * Laval, a village in the municipality of Sainte-Ode, Lux ...
, the
University of Ottawa The University of Ottawa (french: Université d'Ottawa), often referred to as uOttawa or U of O, is a bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ottaw ...
, or the
Université de Sherbrooke The University of Sherbrooke (French: Université de Sherbrooke) (UdS) is a large public French-language university in Quebec, Canada with campuses located in Sherbrooke and Longueuil, a suburb of Montreal approximately west of Sherbrooke. It i ...
. In addition, applicants must attend a four- or eight-month course at the École du Barreau (Bar School), and complete a six-month apprenticeship. Finally, applicants must pass a character and fitness examination before the Comité de vérification du Barreau du Québec (Verification Committee of the Bar of Quebec). Practising attorneys must complete 30 hours of continuing legal education every two years. Lawyers from other Canadian provinces and foreign lawyers can be temporarily admitted (for not more than twelve months) by submitting an "Application for a Special Authorization for a Person Practising Outside Québec." They can also obtain semi-permanent or permanent full admission on application. Full admission for lawyers from elsewhere in Canada requires, among other things, that the applicant demonstrate adequate proficiency in French and successfully complete examinations on civil law and legislation. Foreign applicants may be admitted only by obtaining an undergraduate degree from a Quebec law school or by approval of the Bar of Quebec's Equivalences Committee, which may impose applicant-specific conditions for admission.


See also

*
Bar of Montreal The Bar of Montreal (french: Barreau de Montréal) is the section of the Bar of Quebec for lawyers in the city of Montreal, Quebec, Canada. It has it beginnings in 1693 when, as a Royal Province of the French colonial empire, ''Canadien'' lawyers ...
* Chamber of Notaries of Quebec *
Quebec law Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which civil matters are regulated by French-heritage civil law. Public law, criminal law and federal law operate according to ...


References


External links


Official website
{{Authority control
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
Legal organizations based in Quebec * 1849 establishments in Canada Organizations established in 1849