Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada

International Lawyers Network


1. Canada's Political and Legal System -

Canada has a Federal constitution that was significantly overhauled in the early 1980's, which has had modifications since, including the creation and implementation of the 1982 Canadian Charter of Rights and Freedoms. Canada places a high value on 'rule of law' concepts in Anglo-American legal traditions. It has both a Federal and Provincial political and legal system, subject to common in various jurisdictions, and civil law in Quebec. The Canadian Parliament is responsible for Federal laws, and various provincial Legislatures enact local legislation in their jurisdictions. The Province of Quebec implements its Civil Code, largely derived from the French Napoleonic Code origins, and amended over time, in its legislature, called Assemblée national du Québec. There are courts with both Federal and Provincial jurisdiction who make rulings within their jurisdiction, resulting in a general body of common law (with civil law in Quebec), in either official language: English or French, or sometimes in both. The legal principle of 'paramountcy' is applied, whereby Federal statutes are intended to prevail over Provincial statutes when their terms and applications conflict.

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