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Law Of Quebec
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 Canadian common law. Quebec law is under the shared responsibility of the federal government and the provincial government. According to the Constitution of Canada, these two governments are each responsible for enacting law when it falls under their sphere of competence. As such, the federal government is responsible for criminal law, foreign affairs, commerce, interprovincial transportation, and telecommunications. The provincial government is responsible for private law, the administration of justice and several social domains, such as social assistance, healthcare, education, and natural resources. The four classic sources of law, legislation, case law, doctrine and customary law, together make up Quebec law. Legislation is the primary ...
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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 total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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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 Spain in 1763 under the Treaty of Paris. The vast territory of ''New France'' consisted of five colonies at its peak in 1712, each with its own administration: Canada, the most developed colony, was divided into the districts of Québec, Trois-Rivières, and Montréal; Hudson Bay; Acadie in the northeast; Plaisance on the island of Newfoundland; and Louisiane. It extended from Newfoundland to the Canadian Prairies and from Hudson Bay to the Gulf of Mexico, including all the Great Lakes of North America. In the 16th century, the lands were used primarily to draw from the wealth of natural resources such as furs through trade with the various indigenous peoples. In the seventeenth century, successful settlements began in Acadia and in ...
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Commission Code Civil Bas-Canada 1865
Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of another * A contract for performance or creation of a specific work * Commissioning, a process or service provided to validate the completeness and accuracy of a project or venture: ** Building commissioning, a quality assurance process during and following building construction ** Project commissioning, a process of assuring that all components of a facility are designed, installed, tested, operated, and maintained according to the requirements of the owner or client Government Civil * A government agency, regulatory agency or statutory authority which operates under the authority of a board of commissioners, including: ** Independent agencies of the United States government *An executive branch of government, often with characteristics of ...
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In Loco Parentis
The term ''in loco parentis'', Latin for "in the place of a parent" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, the doctrine is applied in two separate areas of the law. First, it grants educational institutions such as colleges and schools discretion to act in the best interests of their students, although not allowing what would be considered violations of the students' civil liberties. Second, this doctrine may allow a non-biological parent to exercise the legal rights and responsibilities of a biological parent if they have held themselves out as the parent. The ''in loco parentis'' doctrine is distinct from the doctrine of '' parens patriae'', the psychological parent doctrine, and adoption. Situation specific Boarding schools Caretakers and management of a boarding school have the duty of care in place of the parent. Education Primary a ...
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Civil Code Of Quebec
The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the '' Civil Code of Lower Canada'' (french: Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. Scope The Code's scope is summarized in its preliminary provision: 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 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 societ ...
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British North America Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources. History Preamble and Part I The act begins with a preamble declaring th ...
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Quebec Act
The Quebec Act 1774 (french: Acte de Québec), or British North America (Quebec) Act 1774, was an Act of the Parliament of Great Britain which set procedures of governance in the Province of Quebec. One of the principal components of the Act was the expansion of the province's territory to take over part of the Indian Reserve, including much of what is now southern Ontario, Illinois, Indiana, Michigan, Ohio, Wisconsin, and parts of Minnesota. The Act removed the reference to the Protestant faith from the oath of allegiance, and guaranteed free practice of Catholicism and restored the Church's power to impose tithes. Additionally, it restored the use of the French civil law for matters of private law, except for the granting of unlimited freedom of testation in accordance with English common law; which was maintained for matters of public law, including administrative appeals, court procedure, and criminal prosecution. In Quebec, English-speaking immigrants from the Thirteen ...
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Royal Proclamation Of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclamation forbade all settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution. The 1763 proclamation line is situated similar to the Eastern Continental Divide, extending from Georgia to the divide's northern terminus near the middle of the northern border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide, and extends further th ...
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Treaty Of Paris (1763)
The Treaty of Paris, also known as the Treaty of 1763, was signed on 10 February 1763 by the kingdoms of Great Britain, France and Spain, with Portugal in agreement, after Great Britain and Prussia's victory over France and Spain during the Seven Years' War. The signing of the treaty formally ended conflict between France and Great Britain over control of North America (the Seven Years' War, known as the French and Indian War in the United States), and marked the beginning of an era of British dominance outside Europe. Great Britain and France each returned much of the territory that they had captured during the war, but Great Britain gained much of France's possessions in North America. Additionally, Great Britain agreed to protect Roman Catholicism in the New World. The treaty did not involve Prussia and Austria as they signed a separate agreement, the Treaty of Hubertusburg, five days later. Exchange of territories During the war, Great Britain had conquered the French co ...
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Seven Years' War
The Seven Years' War (1756–1763) was a global conflict that involved most of the European Great Powers, and was fought primarily in Europe, the Americas, and Asia-Pacific. Other concurrent conflicts include the French and Indian War (1754–1763), the Carnatic Wars and the Anglo-Spanish War (1762–1763). The opposing alliances were led by Great Britain and France respectively, both seeking to establish global pre-eminence at the expense of the other. Along with Spain, France fought Britain both in Europe and overseas with land-based armies and naval forces, while Britain's ally Prussia sought territorial expansion in Europe and consolidation of its power. Long-standing colonial rivalries pitting Britain against France and Spain in North America and the West Indies were fought on a grand scale with consequential results. Prussia sought greater influence in the German states, while Austria wanted to regain Silesia, captured by Prussia in the previous war, and to conta ...
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Inquisitorial System
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, the Philippines, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic ...
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Criminal Ordinance Of 1670
The Criminal Ordinance of 1670 (french: Ordonnance criminelle de 1670, a.k.a. ''Ordonnance criminelle de Colbert'') was a Great Ordinance dealing with criminal procedure which was enacted in France under the reign of King Louis XIV. Made in Saint-Germain-en-Laye, the Ordinance was registered by the Parliament of Paris on 26 August 1670 and came into effect on 1 January 1671. It was one of the first legal texts attempting to codify criminal law in France. It remained in force until the French Revolution. It was abrogated through a decree adopted by the National Constituent Assembly on 9 October 1789. The act broadened the jurisdiction of the nationwide policing force Maréchaussée The () were corps of soldiers in the armies of France initially put in charge of military policing and justice in the Middle Ages, and later extended to civilian responsibilities. They gradually coalesced into a police force with jurisdicti ... to include burglary and popular disorder and co ...
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