Legislating Tolerance: Article 976 of the Civil Code of Quebec and Its Application to Mixed-Income and Mixed-Use City Redevelopment Projects

28 Pages Posted: 31 Mar 2016 Last revised: 21 Apr 2017

See all articles by Sara Ross

Sara Ross

Dalhousie University - Schulich School of Law

Date Written: March 28, 2016

Abstract

I first examine the increasing need for tolerance required for the cultural sustainability of city redevelopment projects that seek to establish communities of a mixed-use or mixed-income variety. Next, some difficulties that arise in terms of inequality, clashing differences, and a lack of inclusion felt by those who will find themselves within these redeveloped spaces in the urban cores of our cities will be discussed with reference to Boaventura de Sousa Santos’ notion of cosmopolitan legal struggles and the subaltern cosmopolitan contact zones generated within the small social spaces of mixed-use and mixed-income developments in the urban core.

I then undertake a discussion of Article 976 of the Civil Code of Quebec, where a form of legislated tolerance can be observed, before I touch on the differences in the treatment of neighbourhood nuisance under Article 976 in comparison to its treatment elsewhere. Finally, the discussion will culminate by drawing the lessons learned from Article 976 back into our discussion of Santos’ cosmopolitan legality, the drumbeat of city redevelopment projects in the urban cores of our cities, and the potential of harnessing hegemonic legal tools in a non-hegemonic or counter-hegemonic manner in order to work towards more tolerant and culturally sustainable cities.

Keywords: Civil code, Cultural heritage, Santos

JEL Classification: K11, K33, K20

Suggested Citation

Ross, Sara, Legislating Tolerance: Article 976 of the Civil Code of Quebec and Its Application to Mixed-Income and Mixed-Use City Redevelopment Projects (March 28, 2016). (Fall 2016) 62:3 Loyola Law Review 749, Available at SSRN: https://ssrn.com/abstract=2755437

Sara Ross (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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