Court of Appeal of Quebec

Court of Appeal of Quebec
Court name	Court of Appeal of Quebec
Caption	The Palais de justice de Montréal, primary seat of the court.
Established	1849
Country	Canada
Location	Montreal, Quebec City
Authority	Constitution Act, 1867; Code of Civil Procedure (Quebec)
Appeals	Supreme Court of Canada
Terms	Mandatory retirement at age 75
Positions	22
Chiefjudgename	Manon Savard
Termstart	2023

Court of Appeal of Quebec. It is the highest judicial court in the Province of Quebec, hearing appeals from the Superior Court and the Court of Quebec. Established in the mid-19th century, the court is a cornerstone of Quebec law, which is unique in Canada for its foundation in the civil law tradition derived from the Napoleonic Code. Its decisions are binding on all lower courts in the province and can only be further appealed to the Supreme Court of Canada with leave.

History

The court's origins trace to the Act of Union 1840, which created the Province of Canada. The modern court was formally established by an 1849 ordinance, succeeding earlier appellate bodies like the Court of King's Bench. Its structure was solidified following Canadian Confederation through the Constitution Act, 1867, which granted provinces authority over the administration of justice. Throughout its history, the court has been instrumental in interpreting the distinctive Civil Code of Quebec and the Charter of the French Language, navigating the intersection of provincial jurisdiction and federal law. Landmark periods include its role following the Quiet Revolution and its adjudication of issues arising from the October Crisis.

Jurisdiction and function

The court possesses broad appellate jurisdiction over all matters originating in Quebec's courts, including civil, criminal, and administrative law cases. It hears appeals from final judgments of the Superior Court and, in certain circumstances, from the Court of Quebec. Its function is not to re-try cases but to review applications of law and procedure, ensuring their correctness and uniformity across the province. In its civil law capacity, it is the final arbiter on the interpretation of the Civil Code of Quebec, while in criminal law, it operates under the federal Criminal Code. The court also exercises a limited original jurisdiction, primarily in references from the Government of Quebec.

Composition and judges

The court is composed of a chief justice, currently Manon Savard, a senior associate chief justice, and twenty puisne judges. Judges are appointed by the Governor General on the advice of the federal cabinet, following consultation with the Minister of Justice and judicial advisory committees. By law, a minimum of three judges must hear any appeal, though significant cases are often heard by a panel of five. Notable former jurists include Chief Justices Jules Deschênes, Claire L'Heureux-Dubé (later a justice of the Supreme Court of Canada), and Nicolas Kasirer (also later elevated to the Supreme Court).

Procedure

Proceedings are primarily based on written arguments, with limited time allocated for oral advocacy before the panel. The court's operations are governed by the Code of Civil Procedure (Quebec) and, for criminal matters, the federal Criminal Code. The working language is French, though parties may seek authorization to use English. Appeals are generally heard in Montreal or Quebec City, but the court may sit elsewhere in the province. Leave to appeal is required only in specific circumstances, such as from interlocutory judgments; most appeals are heard as of right following a final judgment.

Notable decisions

The court has rendered several influential rulings that have shaped Quebec law and Canadian federalism. In Ford v Quebec (AG), it struck down parts of the Charter of the French Language concerning commercial signage, a decision later upheld by the Supreme Court of Canada. In the Reference re Secession of Quebec, it provided a crucial opinion on the legality of unilateral secession, which was subsequently addressed by the Supreme Court. Other significant cases include rulings on the scope of the Canadian Charter of Rights and Freedoms, aboriginal title claims, and the interpretation of the Civil Code of Quebec in areas like family law and contract law.

Courthouse

The court's primary seat is in the historic Palais de justice de Montréal in Old Montreal, a Neoclassical building completed in 1971. It also maintains a permanent chamber at the Quebec City courthouse on Boulevard Jean-Lesage. These facilities house the judges' chambers, courtrooms, and the court's registry. The Montreal building is shared with the Superior Court and the Court of Quebec, symbolizing the hierarchical structure of the provincial judiciary.

Category:Courts in Quebec Category:Canadian appellate courts