Canadian maritime law is based on the domain of navigation and navigation, which was transferred to the Parliament of Canada under section 91(10) of the Constitution Act, 1867. The relationship between civil law and federal statutes is analogous to that between the laws of the province of Quebec and the Civil Code of Quebec. The Civil Code of Québec establishes the common law of Québec and may supplement other statutes. This link also exists between the federal law and the private law of the other Länder, although less obviously, because these Länder share the same fundamental right (the common law), which is moreover visible in the federal laws. This facilitates their interpretation and administration in the provinces as well as this tradition of private law. In this context, the concept of complementary right, which underpins the principle of complementarity, is crucial. Since Parliament has only limited powers in private matters, the law of the Länder is therefore in principle regarded as a complement to federal legislation. Civil law complements federal law by implicitly depending on such a federal law of the common law system that governs relations between individuals in the province. Civil law may also supplement a federal law with a formal reference to it in federal law. For example, subsection 91(4) of the Canada Marine Act states: Convergence in contemporary Western society largely transcends national systems, which in some cases may have been exaggerated in comparative law. In fact, the similarities between civil law and common law are much greater than the technical differences. The common law therefore plays a very important role in Quebec private law, both formally and in terms of content. The form of judgments, for example, makes very clear reference to the common law.
The case law illustrates the mixed nature of Quebec law – the role of Quebec judges as civil judges is not to reformulate a rule established by a court based on the facts before them. As French judges, they apply an abstract rule to certain situations. Unlike French judges, Quebec judges, like common law judges, explain their reasoning. They usually conduct a detailed analysis of the rule, previously applied judgments and relevant doctrine, and then set out the reasons for applying the rule to the facts before them. The main difference between a maritime court and a common law court would be that the admiralty courts conduct trials without a jury. Admiralty judges apply only the laws of the sea, while the common law is not limited to a single aspect of the law. Another key difference is that maritime law was applied to U.S. tidal waters. But currently, its jurisdiction has expanded and it now extends to navigable water regions within the borders of the United States, whether used for interstate or foreign trade. While understanding maritime laws would help if you are a frequent maritime traveller, common laws can react quickly to unforeseen cases and situations that were not previously foreseen by legislators. Since it is difficult for parliaments to legislate for all possible problems, common laws can be useful for studying and developing responses to real-life events.
Following the adoption of the Civil Code of Lower Canada, several judges used common law rules as instruments of interpretation. The application of the common law at that time was not limited to rules based on English law. Their approach was not based on a comparative law approach, the purpose of which was to find the most appropriate solution to the situation, but rather on an interpretation of civil law rules in such a way that they lead to solutions identical to common law rules. While both versions of federal statutes have the same authority, it is important to ensure that the civil and common law concepts used or potentially proposed each have the meaning they have in the legal system in which they originate and that applies in the province where the law is applied. This is, of course, a laudable goal, but recommending and drafting amendments to certain provisions is never a simple matter involving complex issues to be resolved. Federal legislation must target four target groups simultaneously and be both bilingual and bijantical. The common law, more specifically the statutory law, which exists in common law jurisdictions, including the United States and the other Canadian provinces, in turn exerts an influence on Quebec law. In the 1960s, the Quebec legislature built on this when it proposed to reform the law by passing a bill to amend the Civil Code, an act to protect borrowers from certain abuses and lenders from certain liens based on an Ontario law, the Unreasonable Transactions Relief Act. Similarly, the reform of insurance law and the development of rules on family inheritance follow studies concerning, among other things, the law of other Canadian provinces.