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Keys to the Court

Docu-Course Content

About this Course
The Foundations of the Canadian Justice System
Discovering the Supreme Court of Canada
On the Bench: Supreme Court Justices
The Hearing
The Supreme Court Throughout its History
The Supreme Court's Reach in Canada and Abroad
Imagining the Supreme Court of the Future
Closing Arguments

The Supreme Court and Quebec Notaries

A Civil Law Perspective

The Supreme Court and Quebec Notaries

In Quebec, notaries are legal professionals, trained in civil law, who give legal advice and play a central role in legal matters that don’t involve disputes. Unlike in other provinces, where lawyers handle most legal transactions, Quebec notaries manage legal documents related to real estate, marriage contracts, and wills, among others. Their work helps prevent disputes.

While notaries generally do not argue before the courts, their work can be directly affected by Supreme Court of Canada decisions. One notable example is the case below.

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  • Canada (Attorney General) v. Chambre des notaires du Québec (2016)

    The Supreme Court examined whether the Canada Revenue Agency, which collects federal income taxes, could force Quebec notaries to hand over confidential client information.

    The Chambre des notaires argued this violated the right to professional secrecy—a rule
    that protects private communication between a legal advisor and their client.

  • The Supreme Court agreed, ruling that parts of the Income Tax Act
    were unconstitutional because they didn’t respect the notaries’ confidentiality of the client-notary relationship.

    This decision protected notaries’ duty to keep client information private and confirmed
    that confidentiality between legal professionals and their clients is a fundamental part of the justice system—even outside the courtroom.

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