Full bibliography | SCC-Authors-Cited

Trudel, G. (1946). Traité de droit civil du Québec - Des contrats. (Vol. 7).

Pepin, R. (1996). Les Parlements Peuvent-ils Vider les Cours Superieures de Leur Juridiction - Ont-elles des Pouvoirs, Inherents, Inalienables - Reflexions sur la Decision MacMillan Bloedel Ltd. c. Simpson. Queen’s Law Journal, 22(2), 487–524. https://heinonline.org/HOL/P?h=hein.journals/queen22&i=495

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Pépin, G. (with Québec (Province) Législature Assemblée législative Comité parlementaire de la Constitution). (1969). Les tribunaux administratifs et la Constitution: étude des articles 96 à 101 de l’A.A.N.B. Presses de l’Université de Montréal.

Morley, J. G. (2015). Dead Hands, Living Trees, Historic Compromises: The Senate Reform and Supreme Court Act References Bring the Originalism Debate to Canada. Osgoode Hall Law Journal, 53, 745. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ohlj53&section=31

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Migneault, G. (2006). L’administration De La Justice Et La Structure Judiciaire Canadienne. Revue de droit de l’Université de Sherbrooke, 37(1), 41–58. https://doi.org/10.17118/11143/11827

Even though s-s. 92(14) of the Constitution Act, 1867 grants to the provinces a wide jurisdiction over the administration of justice, which includes the constitution and organization of courts, the case law has used s. 96 to limit its scope. This has had the effect of giving constitutional status to the judicial system in existence at the time of Confederation. On the other hand, the Parliament of Canada does not appear to have been subjected to the same constraints, allowing it to confer broad powers to the courts established under its jurisdiction. The only restrictions that seem to have been applied are in the fields of criminal and constitutional law and provincial concerns. Thus, the federal Parliament would be empowered to withdraw from superior courts any other matter within its legislative competence, as long as the jurisdiction is transferred to a s. 101 tribunal. This suggests that s. 96 protects superior courts mostly against provincial measures.

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Lyon, N. (1987). Is Amendment of Section 96 Really Necessary. University of New Brunswick Law Journal, 36, 79. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/unblj36&section=8

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Lamer, A. (1996). The rule of law and judicial independence: protecting core values in times of change. University of New Brunswick Law Journal, 45, 3. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/unblj45&section=4

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Hogg, P. W., & Zwibel, C. F. (2005). The Rule of Law in the Supreme Court of Canada. The University of Toronto Law Journal, 55(3), 715–732. https://www.jstor.org/stable/4491663

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Garant, P. (2012). La Cour du Québec et la justice administrative. Les Cahiers de droit, 53(2), 229–256. https://doi.org/10.7202/1009442ar

The Court of Quebec today is an impressive institution in terms of the range and variety of its areas of responsibility in both civil and criminal matters, and also in administrative law and related matters. What is the true vocation of this Court ? Recently an Administrative and Appellate Division was created. The significance of appeals to the Court of Québec is a controversial topic, since it is not a superior court. There have been several decisive turning-points in the contemporary history of the Court. In 1965, the Supreme Court allowed a significant expansion of its civil jurisdiction to include, for example, administrative contracts and the civil liability of the Public Administration. On the other hand, in 1972 the Supreme Court deprived the Court of one of its traditional responsibilities in the field of municipal law, namely challenges to municipal by-laws on grounds of illegality. The specific role of the Court as the court of appeal for administrative law was studied in the Dussault Report in 1970, the White Paper of 1975, the Ouellette Report of 1987 and the Garant Report in 1994. During the 1970s, the Legislature continued to multiply rights of appeal to the Court, while setting up several key administrative appeal tribunals such as the Labour Court, the Transport Tribunal and the Professions Tribunal, to which it appointed judges of the Court. The Court has become the largest judicial institution in Quebec, with 270 regular judges and 33 justices of the peace. Since the 1960s, the Court has enjoyed the favour of the Quebec Legislature. However in 1996-97, the Court lost certain appeal responsibilities to the Administrative Tribunal of Québec, but remained an important appeal tribunal in a variety of fields, including expropriation, income tax, municipal taxation, electoral disputes, agricultural land protection, police ethics, housing, and access to information. The Court also hears appeals from several administrative tribunals. However, the key question here is to clarify the scope of the judicial review exercised by the Quebec Court as compared to that exercised by the Superior Court…

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Deslauriers, J. (1977). La Cour provinciale et l’art. 96 de l’A.A.N.B. Les Cahiers de droit, 18(4), 881–920. https://doi.org/10.7202/042197ar

In the Province of Quebec, the Provincial Court constitutes one of the most important benches after the Court of Appeal and the Superior Court. At its beginning in 1869, the Provincial Court was termed the Magistrate's Court and its juridiction was very circumscribed. The constitutional problem arising from the existence of such a court was not obvious as it is today.

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Healy, P. (2003). Constitutional Limitations upon the Allocation of Trial Jurisdiction to the Superior or Provincial Court in Criminal Matters. Criminal Law Quarterly, 48, 31. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/clwqrty48&section=10

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MacDonnell, V., Daly, P., & Albert, R. (2019). Section 96: Striking a Balance between Legal Centralism and Legal Pluralism. In The Canadian Constitution in Transition (pp. 84–102). University of Toronto Press. https://doi.org/10.3138/9781487519117-004

Normand, S. (2013). La Cour du Québec: genèse et développement. Wilson & Lafleur.

Huppé, L. (2000). Le régime juridique du pouvoir judiciaire. Wilson & Lafleur.

Lederman, W. R. (1956). The independence of the judiciary. Canadian Bar Review, 34, 769. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/canbarev34&section=44

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Jones, D. P. (1979). A Constitutionally Guaranteed Role for the Courts. Canadian Bar Review, 57, 669. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/canbarev57&section=31

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Rubin, G. (1959). The nature, use and effect of reference cases in Canadian constitutional law. McGill Law Journal, 6, 168. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/mcgil6&section=22

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Huguette St-Louis. (2007). Reform of the Trial Courts in Quebec. In Canada’s Trial Courts. University of Toronto Press. https://doi.org/10.3138/9781442684119.9

I am one of those who believe that the courts are not static institutions. On the contrary, they must adapt to the expectations of the system’s users. In an article published in 2000 in theCanadian Bar Review, Judge Gerald Seniuk and Professor Noel Lyon showed that the development of the Provincial Courts raises many problems, not the least of them being the tendency of the system to evolve in a way that no longer fits the constitutional framework.¹ In this context, and in light of concrete examples and the reflections of experts, we must be particularly attentive to this

Russell, P. H. (1987). The judiciary in Canada: the third branch of government. McGraw-Hill Ryerson.

Girard, P., Phillips, J., & Brown, R. B. (2019). A History of Law in Canada, Volume One: Beginnings to 1866. University of Toronto Press.

A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000.The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods.The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

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