Some thoughts on bijuralism in Canada and the world

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By Marie-France Séguin, Special Counsel, Civil Law and Corporate Management Sector, Office of the Associate Deputy Minister, Department of Justice Canada

and

Marie-Claude Gervais, Legal Counsel, Office of La Francophonie, Civil Law and Corporate Management Sector, Department of Justice Canada

Table of Contents

• General Introduction
• Part I — Characteristics and Context of the Two Legal Traditions
  • Historical Background
  • Characteristics of the two legal traditions
    • The civil law tradition
    • The common law tradition
  • Characterization of the two legal traditions: private law and common law in Canada
• Part II — Forms of Coexistence of the Two Legal Traditions in Canada
  • Influence through interpretation or integration
  • Interaction between the two legal traditions: the relationship of complementarity and its exception, dissociation
  • The realization of the Complementarity relationship
    • First methodological implication
    • Second methodological implication
• Part III — Forms of Coexistence of the Two Legal Systems in Other Parts of the World
  • The United Kingdom and laws applicable in Scotland
  • United States and laws applicable in Louisiana
  • Europe and the autonomy of European law
• General Conclusion