The legal status of a person under the jurisdiction of the public trustee:: Quebec law with comparisons to that of other provinces of Canada

Abstract

In Canada, due to the existence of two legal systems (Civil Law and Common Law) and to the fact that provincial governments have jurisdiction over these questions, this problem is not a simple one. Also, it may be said that the regime in Quebec is probably less known in North America than any other one. For that reason, it is of interest to discuss the situation in Quebec while making some comparisons with other provinces. ** In Quebec, the public trustee is called the public curator (in French, curateur public). This public officer is named by the Quebec Government.’ He does not constitute a “corporation sole” as he does in many common law provinces.2 Nevertheless, the public curator acts as a statutory body and has only the powers expressly given to him by laws and regulations. He takes his decisions without any obligation to consult with the family or any family council.3 For important decisions concerning the estate of a person under his jurisdiction for example, sale of moveable properties or stocks valued at more than $3,000,4 sale of an immoveable property valued at more than $3,000,5 a transaction putting an end to a trial or other litigations where the interest of the represented person exceeds $1,5006 he must obtain the authorization of a judge of the Superior Court. (Concerning the history of the public curator in Quebec, the Annual Report of the Public Curator7 and a book* written by the undersigned may be consulted.)