Page "Law of Canada" Paragraph 16

For historical reasons, Quebec has a hybrid legal system.

Private law follows the civil law tradition, originally expressed in the Coutume de Paris as it applied in what was then New France.

Today, the jus commune of Quebec is codified in the Civil Code of Quebec.

As for public law, it was made that of the conquering British nation after the fall of New France in 1760, that is the common law.

It is important to note that the distinction between civil law and common law is not based on the division of powers set out in the Constitution Act, 1867.

Therefore, legislation enacted by the provincial legislature in matters of public law, such as the Code of Penal Procedure, should be interpreted following the common law tradition.

Likewise, legislation enacted by the federal Parliament in matters of private law, such as the Divorce Act, is to be interpreted following the civil law tradition and in harmony with the Civil Code of Quebec.