Is common law practiced in Quebec?

[Truth101]

I am an incoming 1L currently enrolled in an Ontario law school. If I need to move to Quebec in the near future out of necessity, is it possible for me to study and/or practice common law in said province? Would love to hear particularly from those with similar experience.

(I thought I'd complement my research on the topic with some of your insights.)

Thanks 🙂

Edited August 27, 2021 by Truth101

[MSK2021]

Quebec's civil law regime is generally only applicable to what is referred to as private law (things such as family law, contract law, tort law, etc.). On the other hand, public law (constitutional law, criminal law, etc.) is informed by common law and is practiced the same as in the rest of Canada.

Therefore, you can learn about the common law at any law school in Quebec. The caveat is that you'll be studying common law only as it applies to public law. However, a number of Quebec law schools also allow you to study common law as it applies to private law - generally as part of a degree in common law that is offered in combination of the degree in civil law (e.g. McGill) or in addition to a degree in civil law (e.g. UdeM and USherbrooke). If you're looking to transfer, I imagine the process might be a bit complicated.

Can you practice common law in Quebec? As stated, lots of Quebec lawyers practice in areas governed by common law in Quebec so it's certainly possible. However, if you complete your current degree program and don't have a degree from a Quebec law school you'll face a number of barriers and restrictions on your license which you can read about here:

https://www.barreau.qc.ca/en/ressources-avocats/tableau-ordre/permit-practise/

[Truth101]

Thank you @MSK2021, I appreciate the response!

[TheCryptozoologist]

Common law as it refers to a system or methodological approach is present in Criminal & Constitutional issues.

As it refers to a qualification e.g. an LL.L vs a JD/LLB then no.