Quote:
Originally Posted by Dartguard
The British mistake was allowing the Catholic faith and Napoleonic code to survive.
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There was... no Napoleonic Code, because Napoleon was born... 9 years after the conquest of Canada by the British.
What you mean is the "coutume de Paris". France before the French Revolution had, unlike England, different laws and legal codes in each province. England had a unified law (that's the "common" in "common law") since the Middle Ages, but this wasn't the case in France. In the South of France, the old Roman written law was still used. In the north of France, customary laws going back to the Germanic invasions were used. Each province had its own customary law.
When Canada was settled by the French, customary laws in northern France had already stopped being purely oral laws, and had been written in legal codes. One of these was the "coutume de Paris", the customary law of Paris and its region, which had a great influence over the rest of France due to the importance of Paris.
When New France was created, they decided that the "coutume de Paris" would be the law that would apply in New France. That's the one they still use in Québec today (with many modifications since 1760 of course).
In France, after the French Revolution, Napoleon gathered the most prominent lawyers and law professors in France, and they created the Civil Code in 1804, which took the best of northern customary laws and southern Roman written law to create a unified civil law for all of France. The Civil Code draws a lot from the coutume de Paris, which is why there are many similarities between the civil law of Québec and the civil law of France, but it is not the coutume de Paris. It is a mix of the various laws that existed across France.
So in a nutshell, Québec doesn't have and has never had the Napoleonic Code.
As for Catholicism, it's not like the British had a choice! Of course they wanted to outlaw Catholicism after the conquest in 1760, but they soon realized it was impossible for a few hundred British officials to hold a large province of 80,000 Catholics if you denied them their religion and made them a restive population. And very soon after the conquest, tensions arose in the 13 British colonies, who didn't want to pay for that war of conquest (Americans... have they ever changed?), so London needed to have a quiet Canada in order to deal with the 13 colonies, which is why they officially recognized Catholicism in Québec.
It was never a "good gesture" or kindness. It was just cold, hard politics. The French Canadians were just lucky that the 13 colonies decided to rebel against London at that time.