Judicial institutions
The defining feature of Québec legal system is that two types of law exist side-by-side. Private law is based on French civil law (codified), whereas public law is based on English common law (non-codified). A similar dual-law system is found in Scotland, Wales and Louisiana.
Court of Appeal of Québec
Superior Court of Québec
Court of Québec
Municipal courts
Human Rights Tribunal
Tribunal des professions
Courts of law
The Court of Appeal is the general appeal court for Québec. Its 20 judges are appointed by the federal government and sit in Montréal and Québec City. It is directed by a Chief Justice, who is also the Chief Justice of Québec.
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The Superior Court is the court of original general jurisdiction in Québec. It hears all cases in first instance, and sometimes on appeal, that are not expressly assigned to another court or tribunal. In addition, except in the cases specifically provided for by law, the Superior Court has a superintending and reforming power over all other courts and tribunals in Québec, except the Court of Appeal.
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The Court of Québec, a court of first instance, hears the greatest number of cases in Québec. It has jurisdiction in civil, criminal and penal matters, and youth cases. The Court of Québec also hears administrative cases and appeals, where provided for by law. It has three divisions:
- the Civil Division;
- the Criminal and Penal Division;
- the Youth Division.
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The municipal courts have jurisdiction in some civil, penal and criminal matters, and exclusive jurisdiction in cases involving offences under the charter, by-laws, resolutions or orders of the municipality concerned. If there is no municipal court in a municipality, cases are heard by the Court of Québec.
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The Human Rights Tribunal hears cases of discrimination and harassment under the Charter of human rights and freedoms, cases involving the exploitation of the elderly or disabled, and cases connected with equal access programs.
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The Tribunal des professions mainly hears appeals from decisions made by the discipline committees of the various professional orders.
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