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This article considers the influence of culture within Quebec’s procedural law, building upon the recent reform of the Code of Civil Procedure. The author affirms that the distinctiveness of Quebec’s procedural law resides in its mixed culture, which is the product of the superimposition of different perspectives on the institutional values and symbols of the state’s dispute-processing mechanisms.
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The adoption of a new Code of Civil Procedure in Quebec provides an opportune moment to consider the reasons for, and consequences of, a new direction in adjectival law. Moreover, it is an appropriate time to reflect on the influence of legal traditions on civil procedure, and the role played by such traditions in the legislative evolution and judicial interpretation of procedural law. This paper analyzes the current trends in civil procedure in Quebec, from both legislative and judicial standpoints, and seeks to relate these trends to tradition-based influences. Ultimately, this study demonstrates that Quebec’s procedural law has experienced great swings of the pendulum – originally inheriting continental civilian procedure from the French, gradually evolving towards a very common law/adversarial notion of procedure, and nowreverting back in a civiliste direction.
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The traditional rights of an artist to preserve his monopoly on the financial exploitation of his work, now take their place alongside newly expanded moral rights introduced by the reform of Canada's Copyright Act in 1988. Moral rights are inspired by the European doctrine that art is the extension of the creator's personality and they include the rights to divulge, to claim authorship and to maintain the integrity of artistic work.
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This study deals with the legal protection of authors' moral rights in Canada. In the first part, the article highlights the beginnings of these rights in Europe and in Canada. The second part analyses the legislative provisions which formally recognize moral rights in the Copyright Act, as well as other legal rules which indirectly protect the intellectual bound between an author and his or her work. The article concludes with an analysis of the legislative jurisdiction over moral rights and the constitutional problems created by the overlap of federal and provincial rules on this matter.
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