KEY FACTS OF BANKRUPTCY, INSOLVENCY AND REHABILITATION PROCEEDINGS UNDER CANADIAN LAW –
1. Canada’s political and legal system –
Canada has a federal constitution that was significantly revised in the early 1980s, which has since undergone changes including the creation and implementation of the 1982 Canadian Charter of Rights and Freedoms. concepts of “rule of law” in Anglo-American legal traditions. It has both a federal and provincial political and legal system, subject to common law in various jurisdictions, and to civil law in Quebec. The Canadian Parliament is responsible for federal laws and various provincial legislatures pass local laws within their jurisdictions. The province of Quebec implements its Civil Code, largely derived from the origins of the French Code Napoléon, and modified over time, in its legislature, called the National Assembly of Quebec. There are courts of federal and provincial jurisdiction that render decisions within their jurisdiction, resulting in a general body of common law (with civil law in Quebec), in either official language: English or French, or sometimes both. The legal principle of “paramountcy” is applied, according to which federal laws are supposed to prevail over provincial laws when their conditions and applications are in conflict.
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