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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]
Other websites will often use CanLII as their primary source when referring to Canadian case law, [13] and as of the 10th Edition of the Canadian Guide to Uniform Legal Citation, is the designated preferred citation, in the absence of official court-issued neutral citations. [14] [15]
Under the heading "Enforcement," the section states: 24(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for their crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal ...
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]
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. 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 ...
The primary guide to statute citation in Canada is the Canadian Guide to Uniform Legal Citation, commonly called the "McGill Guide". [2] The Guide is produced by the McGill Law Journal of the McGill University Faculty of Law in Montreal in a fully bilingual format. It has been adopted by a number of Canadian law journals and courts as the ...
The application of section 8 is not limited to the criminal context, and has become an issue in civil forfeiture litigation, with some courts holding that "exactly the same Charter principles apply to the manner in which that evidence is obtained as would be applicable in a criminal case". [13] [14]