Quebec is the only province where civil laws are created by and enforced by the Quebec judicial system. If you have a civil issue or matter with someone from Quebec, you must take it up in the province's courts. You will need a civil lawyer who is well-versed in the Code Civil du Quebec, or the Civil Codes of Quebec. In some lesser civil matters, your lawyer acts more like an adviser than a lawyer and in greater civil matters, such as divorce or the division of property, your lawyer speaks for you. Here are some other ways in which civil laws and lawyers' roles in Quebec differ from other provinces.
Rights and Freedoms Under Quebec Law
Quebec's Charter of Human Rights and Freedoms supersedes similar or contrary rights and freedoms to those in other provinces. If you feel that a contract for services or products obtained with and from a Quebec citizen has not been upheld or you have been defrauded, you need to consult a Quebec lawyer. Hiring a lawyer outside of the province and outside Quebec's jurisdiction of the law prohibits any legal action or resolution because the Quebec citizen has the right to be heard in a Quebec court of law. For many Canadian citizens this presents a challenge, especially if they live in a province that is several hundred kilometers away.
The one positive to such a difficult position is that if you are suing a Quebec citizen, you are entitled to the same privileges of fairness and equality. You can ask for representation appointed by the legal system to aid you in your case. If you choose to hire your own civil lawyer, you are free to do so, so long as you hire someone inside the boundaries of Quebec and the lawyer has experience with your particular civil issue. In a case of fraud or a broken contract, you would need a lawyer versed in both contract law and Quebec's civil codes.
Divorce and Child Support
Divorce and child support are very complicated matters in Quebec. It is a predominantly Catholic province, where divorce is less common than annulment. However, it is not impossible to achieve. Because it is still a civil court matter, you and your divorce lawyer (from Quebec, of course) would have to pursue your marriage dissolution through the civil courts. Any children born inside Quebec boundaries are usually required to remain with or near the parent who is a natural citizen of Quebec until they are adults or unless that parent moves out of the province. Child support is usually an equal split between parents, so suing for support may be a moot point.
For more information, contact a professional like those at Binsky Whittle lawyers.Share
17 August 2015