Pierre-Basile Mignault
Encyclopedia
Pierre-Basile Mignault was a Canadian
lawyer and Puisne Justice
of the Supreme Court of Canada
.
Born in Worcester, Massachusetts
, the son of Pierre-Basile Mignault and Catherine O'Callaghan, he received a Bachelor of Civil Law dgree from McGill University
in 1878. He was called to the Quebec Bar in 1878. He then proceeded to practice law in Montreal
.
His “Droit civil canadien” (1885-1916), a nine volume work on Québec’s civil law, and its relation to the French tradition, continues to be cited by the courts, including the Supreme Court of Canada.
As a judge on the Supreme Court of Canada (1918-1929), Mignault also had a key role in countering a long-standing centralising tendency in Canadian private law, and in increasing the Court’s sensitivity to the subtleties of Québec’s legal tradition. Mignault saw Québec private law as “surtout fille de la France coutumière” (particularly the heir of French pre-revolutionary customary law), yet also a meeting place for a diversity of philosophical and cultural approaches (“Le Code Civil au Canada” in Le Code Civil 1804-1904, Livre du Centenaire, v.2, Paris: Arthur Rousseau. 725).
He is buried in Notre Dame des Neiges Cemetery
. Parc Mignault in Montreal is named in his honour. Armand Marin's biography "L’honorable Pierre-Basile Mignault" (Montréal: Fides) was published in 1946.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
lawyer and Puisne Justice
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
.
Born in Worcester, Massachusetts
Worcester, Massachusetts
Worcester is a city and the county seat of Worcester County, Massachusetts, United States. Named after Worcester, England, as of the 2010 Census the city's population is 181,045, making it the second largest city in New England after Boston....
, the son of Pierre-Basile Mignault and Catherine O'Callaghan, he received a Bachelor of Civil Law dgree from McGill University
McGill University
Mohammed Fathy is a public research university located in Montreal, Quebec, Canada. The university bears the name of James McGill, a prominent Montreal merchant from Glasgow, Scotland, whose bequest formed the beginning of the university...
in 1878. He was called to the Quebec Bar in 1878. He then proceeded to practice law in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
.
His “Droit civil canadien” (1885-1916), a nine volume work on Québec’s civil law, and its relation to the French tradition, continues to be cited by the courts, including the Supreme Court of Canada.
As a judge on the Supreme Court of Canada (1918-1929), Mignault also had a key role in countering a long-standing centralising tendency in Canadian private law, and in increasing the Court’s sensitivity to the subtleties of Québec’s legal tradition. Mignault saw Québec private law as “surtout fille de la France coutumière” (particularly the heir of French pre-revolutionary customary law), yet also a meeting place for a diversity of philosophical and cultural approaches (“Le Code Civil au Canada” in Le Code Civil 1804-1904, Livre du Centenaire, v.2, Paris: Arthur Rousseau. 725).
He is buried in Notre Dame des Neiges Cemetery
Notre Dame des Neiges Cemetery
Founded in 1854, Cimetière Notre-Dame-des-Neiges is a 343-acre cemetery located in the borough of Côte-des-Neiges—Notre-Dame-de-Grâce, Montreal, Quebec, Canada. The entrance and the grounds run along a part of chemin Côte-des-Neiges and up the slopes of Mount Royal...
. Parc Mignault in Montreal is named in his honour. Armand Marin's biography "L’honorable Pierre-Basile Mignault" (Montréal: Fides) was published in 1946.