Bijural Foundations: The Civil Law Tradition’s Role in Shaping Canadian Constitutional Institutions

Canada stands as a unique jurisdiction, distinguished by a Constitution that integrates both civil law and common law traditions, making it a singular example of a bilingual constitutional framework. This article examines the profound and often underappreciated influence of the civil law tradition on the evolution of modern and contemporary Canadian constitutional law and institutions. Contrary to the common assumption that an Anglo‐Saxon majority necessitates a common law constitutional order, this analysis demonstrates how interactions and reciprocal influences between legal systems have shaped Canada’s legal identity. By tracing historical, political, and legal trajectories—particularly through key legislative acts such as the Royal Proclamation of 1763, the Quebec Act of 1774, and the Constitutional Act of 1791—this study argues that the civil law tradition has not merely coexisted but actively contributed to the development of federal and provincial legal frameworks. Understanding this dynamic interplay is crucial for grasping the hybrid nature of Canadian constitutionalism.