Judicial Function - Introduction

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The judicial function is consisted of courts of first instance, of courts of appeal and of administrative courts, with the Supreme Court of Canada as court of last instance.

Origins of Quebec's Law
First Instance Courts
Quebec Court of Appeal
Supreme Court of Canada
Administrative Courts

Origins of Quebec's Law

The Quebec judicial system arises from the combination of two legal systems: those of France and England. And so civil law, under the shape of the Quebec Civil Code, is inspired by French law, notably by the Custom of Paris and the Napoleon Code. As for the Criminal Law, it was inspired by the English Common Law, which applies in Canada by thorough federal Penal Code.

First Instance Courts

I- Superior Court

The Cour supérieure (Superior Court), as court of common law in Quebec, is seized in first authority, and sometimes in appeal, with all the disputes that does not come under another court (civil and commercial cases of which stake is 30 000 $ or more, disputes in administrative and domestic as well as bankrupt subjects, lawsuit in front of jury in criminal cases and appeals in criminal cases and finally appeals in summary pursuits). Furthermore, except in cases foreseen specifically by the Law, the Court also exercises a power of surveillance and reform on all the courts or the bodies of Quebec with the exception of the Court of Appeal.

By virtue of the Loi sur les tribunaux judiciaires (Courts of Justice Act), the Superior Court of Quebec is made of 143 regular judges and certain number of supernumerary judges, appointed by the Federal Government and sitting in Montreal and Quebec. It is steered by a Chief Justice, a Senior Associate Chief Justice and an Associate Chief Justice.

II- Court of Quebec

The Cour du Québec (Court of Quebec) is the county court which hears the biggest volume of the judicial cases in Quebec. It has competence in civil, criminal and penal matters, as well as for matters relative to the youth. The Court sits also in administrative cases or in appeal in statutory cases. It is a court of archives.

The Court of Quebec is divided into divisions: the Civil Division, the Criminal and Penal Division and the Youth Division.

The Court of Quebec, which consists of a maximum of 270 judges, is directed by a Chief Justice and assisted by a Senior Associate Chief Justice and by three Associate Chief Justices. Ten Coordinating Justices and eight associate Coordinating Justices assist the Chief Justice and the Associate Chief Justices in the exercise of their functions.

III- Municipal Courts

The Municipal Courts have competence in civil, penal and criminal matters. It is so to say that they can hear, among others, appeals in covering of taxes, complaints relative to malpractices against municipal regulations (parking, town planning, etc.) or against provincial laws (eg: Highway Safety Code) as well as complaints relative to certain criminal malpractices (weakened faculties, shoplifting, etc.). This competence is exclusive in what concerns malpractices against the city charter, the regulations, the motions or the ordinnances of the municipality.

It is up to the City Council to decide or not on the creation of a Municipal Courts on the territory of their municipality. Municipalities can also decide to regroup to establish a common court. A Municipal Courts is consisted of at least a municipal judge appointed by the Quebec Government. If there is no Municipal Courts on the territory of a municipality, causes are heard by the Court of Quebec.

IV- Specialized Courts

Finally, there are three courts of first instance specialized on very precise domains. They are the Tribunal des droits de la personne (Human Rights Tribunal), who has jurisdiction on the cases of discrimination, notably against sections 10 to 19 of the Charter, the exploitation of old or handicaped persons and on the programs of access in the equality, the Tribunal des professions (Court of Professions), who hears the appeals of decisions returned by the disciplinary committees of various professional orders, and the Tribunal du travail (Court of Labour), who has competence on different acts governing labour relations.

Quebec Court of Appeal

The Cour d'appel du Québec (Quebec Court of Appeal) is the general court of appeal for Quebec. It is made of 20 judges appointed by the Federal Government, and sit in Montreal and in Quebec. The Court of Appeal is steered by a Chief Justice who is also the Chief Justice of Quebec.

In civil matters, the Court of Appeal hears the appeals of certain final or interlocutory judgments of the Superior Court and the Court of Quebec.

In criminal and penal matters, the Court hears, when federal or provincial laws allow it, the appeals of judgments pronounced by the Court of Quebec and those of judgments pronounced in first authority by the Superior Court.

Supreme Court of Canada

The Supreme Court of Canada is the court of last instance in Quebec and Canada. It is consisted of nine judges appointed by the Federal Government until the age of 65 and sits in Ottawa. Unlike the other courts mentioned in this page, the Supreme Court of Canada has jurisdiction over Canada. It also plays the role of "constitutional court", because it considers the constitutionality of acts passed by the Federal Parliament as well as of the National Assembly and of other provincial parliaments.

Administrative Courts

The various administrative courts of Quebec have jurisdiction on different decisions taken within the civil service. And so the National Assembly adopted in December 1996 the Loi sur la justice administrative (an Act respecting administrative justice) which provided for the implementation of a reform of the administrative justice at the first level of the public administration, the institution of the Tribunal administratif du Québec (Quebec Administrative Court or T.A.Q) in charge to rule on appeals formed by the citizens against the decisions of the administration as well as the institution of the Conseil de la justice administrative (Council of the administrative justice), an agency with ethical vocation. Before the reform implemented in 1996, the contesting of administrative decisions returned by authorities or governmental bodies was heard by various administrative courts, each possessing its own rules of order.

Sources

Bernard, André. 1995. Les institutions politiques au Québec et au Canada. Montréal : Boréal.

Brun, Henri, et Guy Tremblay. 1982. Droit constitutionnel. Supplément 1985 en annexe. Cowansville: Éditions Y. Blais, 1987.

Dernière mise à jour: 11 novembre 2004

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