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CanLII offers free public access to over 2.4 million documents [2] across more than 300 case law and legislative databases. [3] The official websites of provincial governments, which provide access to primary legislative documents, are linked to CANLII online. [4]
Quebec is Canada's only civil law jurisdiction. [1] Therefore, its rules of civil procedure are distinct from the rest of the country. [1] In 2003, Quebec introduced a series of changes to its civil law, where it eliminated the statement of claim. [1] Instead, all actions are brought by way of motion. [1]
Civil procedure in Canada is jurisdictional with each province following its own rules of civil procedure. [2] However, each province must address the fact that due to the advancement of technology the discovery process enshrined in the rules of civil procedure can be potentially derailed due to the sheer volume of electronically stored information (ESI). [3]
The Grant test lists three factors the courts must consider: (1) the seriousness of the Charter-infringing conduct (focusing on a review of how society would view the actions of the state), (2) the impact of the breach on the Charter-protected interests of the accused (focusing on a review of how the state's actions affected the accused), and ...
An important aspect of civil liability law in Québec is the individual right to privacy and dignity. In title two of book one, the CCQ provides for a series of rights comparable to but broader than the privacy torts extant in both the common law provinces and in France and other jurisdictions with civil codes based on the Napoleonic Code.
St Catharines Milling and Lumber Co v R [3] was the leading case on Aboriginal title in Canada for more than 80 years. The Judicial Committee of the Privy Council, affirming a ruling by the Supreme Court of Canada, held that Aboriginal title over land was allowed only at the Crown's pleasure and could be taken away at any time.
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The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]