Canon Law and its Intersection with Civil Law Throughout Canadian History

Introduction It is a privilege for me to be here at the first Decretum Symposium, exploring the intersection of civil and canon law. In the time allotted it will not be possible to enter into details regarding the past. Nevertheless, I hope that what we’ll be able to cover here will be both helpful and interesting. We begin by looking at the background, the context in which canon law came to be applicable in Canada, under the French regime. Then, we will look at a couple of points that affected Church-state relations in Canada after the conquest. We will then jump ahead to contemporary times, and try to see how some of these principles have been applied by the courts in Canada. I. The Background The canon law of the Catholic Church does not evolve in a vacuum. Rather, it develops within particular cultural and political contexts, which are continually evolving. The same could be said of its application in varying situations. The current juridical position of the Catholic Church in Canada is illustrative of this evolution. As political circumstances changed, so too did the way in which the Church in this country could function and apply its applicable canonical norms