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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.
The Droit civil du Québec is the primary component of Quebec's private law and is codified in the Civil Code of Quebec. [16] The Civil Code of Quebec is the primary text delimiting Jus commune in Quebec and includes the principles and rules of law governing legal persons, property law, family law, obligations, civil liability , conflict of ...
Civil procedure – Class actions and court jurisdiction: LeBel J: Unanimous: La Souveraine, Compagnie d'assurance générale v Autorité des marchés financiers 2013 SCC 63 : Provincial offences and strict liability under the Quebec Act respecting the distribution of financial products and services –
Criminal offences require the Crown to prove that there was criminal conduct (known as the actus reus or "guilty act") accompanied by a criminal state of mind (known as the mens rea or "guilty mind") [4] on a standard of "beyond a reasonable doubt". [5] Exceptions to the mens rea requirement exist for strict and absolute liability offences.
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]
These offences may properly be called offences of strict liability. 3. Offences of absolute liability where it is not open to the accused to exculpate himself by showing that he was free of fault. Regulatory offences are subject to the Canadian Charter of Rights and Freedoms. In that regard, The Supreme Court of Canada has ruled:
This prohibits criminal liability from arising from an ex post facto law. In the 1991 case of R. v. Furtney, the Supreme Court explained that this section does not prescribe the details of how the existence of the offence is to be made known, especially given its reference to international law, which inherently defies domestic codification. [6]
No-fault public automobile insurance scheme under the Quebec Automobile Insurance Act; Whether driver's injuries were "caused by an automobile, by the use thereof or by the load carried in or on an automobile" – Unanimous: Clements v Clements 2012 SCC 32 : Tort of negligence and appropriate test for factual causation – Rothstein J