Translation of "translation of code civil droits " (French → English) :

(Return tabled) Question No. 334 Hon. Irwin Cotler: With regard to bijuralism and harmonization: (a) what measures are in place to ensure legislative bijuralism across all departments; (b) since the adoption of the “Policy on Legislative Bijuralism”, how has the Department of Justice (i) ensured that all legal counsel in the Department are made aware of the requirements of legislative bijuralism in order for them to be able to take it into account when advising client departments on legislative reforms, (ii) enhanced the capacity of the Legislative Services Branch to draft bijural legislative texts, (iii) undertook, in drafting both ver ...[+++]sions of every bill and proposed regulation that touches on provincial or territorial private law, to take care to reflect the terminology, concepts, notions and institutions of both of Canada’s private law systems; (c) since the adoption of the “Policy for Applying the Civil Code of Quebec to Federal Government Activities”, what measures are in place to ensure (i) changes to Quebec’s Civil Code are known and monitored by the government, (ii) assessment of federal legislation relative to changes to Quebec’s Civil Code, (iii) federal legislation is introduced to reflect, where necessary, changes to the Civil Code of Quebec; (d) with respect to the “Index of Bijuralism and Harmonization Caselaw” found online and indicating its most recent update was June 12, 2012, (i) how often is this page updated, (ii) given that some cases thereupon are from 2013, when was this page last updated, (iii) whose responsibility is it to update this page, (iv) what cases are currently being monitored for potential addition to this page; (e) with respect to cases involving bijuralism and harmonization, (i) in what ways are these made known to the Department, (ii) whose responsibility it is to monitor these cases, (iii), what role does the Federal government play in these cases if a party, (iv) what role does the government play if not a party, (v) who m ...

Summary code: Development / Sectoral development policies / Governance, Human rights, Rule of law and democracy / Non-Governmental Organisations (NGO) and civil society Human rights / Human rights in non-EU countries / Promoting Human rights in non-EU countries

Senator Stollery brought to my attention that prior to 1866 there were three strains of law in and for the area known as Lower Canada, and those were the civil code, the civil law — which was different from the civil code — and the common law, the common law that was expressed both in French and English.

The reform of the Quebec Civil Code in 1994 had a significant effect on federal legislation such that, after establishing the Civil Code Section in 1993 and adopting the policy to apply the Quebec Civil Code to the federal public administration, the Department of Justice created, in 1997, a program for the Harmonization of Federal Legislation with the Civil Law of the Province of Quebec.

In 1993, because the Civil Code of Québec (hereinafter C.C.Q) was going to replace the Civil Code of Lower Canada (hereinafter C.C.L.C) in Quebec as of 1 January 1994, the federal Department of Justice created the Civil Code Section to review the federal government’s attitude to the coexistence of the civil law system (in Quebec) and the common law system (in the other provinces and territories of this country).

In 1993, in anticipation of the coming into force on 1 January 1994 of the Civil Code of Québec (CCQ), which would replace the Civil Code of Lower Canada (CCLC), the federal Department of Justice created the Civil Code Section to review federal statutes to ensure that they properly reflect both legal traditions, the civil law system in Quebec and the common law system in the rest of Canada.