Editing Vexatious litigation (section)

===Canada===
Under the ''[[Constitution Act, 1867]]'', section 92(14),<ref>{{Cite web |title=Legislative Authority of Parliament of Canada |url=http://laws.justice.gc.ca/en/const/c1867_e.html#distribution |url-status=live |archive-url=https://web.archive.org/web/20060614091739/http://laws.justice.gc.ca/en/const/c1867_e.html#distribution |archive-date=2006-06-14 |access-date=2008-07-06}}</ref> each province is vested with the power to enact and apply laws relating to the administration of justice within its own territory.

In Canada, Section 40 of the ''Federal Court Act''
<ref>{{Cite canlaw
|short title  = Federal Courts Act
|abbr         = R.S.C.
|year         = 1985
|chapter      = F-7
|section      = 40
|subsection   =
|wikilink     = Federal Courts Act
|link         = https://canlii.ca/t/7vgp#sec40
|linkloc      = CanLII=
}}</ref> and in Ontario Section 140 of the ''Courts of Justice Act'',<ref>{{Cite web |date=24 July 2014 |title=Law Document English View &#124; Ontario.ca |url=http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c43_e.htm |url-status=live |archive-url=https://web.archive.org/web/20150403004204/http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c43_e.htm |archive-date=2015-04-03 |access-date=2016-12-30 |website=E-laws.gov.on.ca}}</ref> restrict the ability to introduce or continue proceedings for those who have instituted vexatious proceedings or conducted proceedings in a vexatious manner.

====Quebec====
In Quebec, the Code of Civil Procedure is the principal legislation that sets rules related to civil procedure. Under section 46 of the Code of Civil Procedure,<ref>L.R.Q., ch. C-25, s. 46</ref> all judicial courts and judges in Quebec are vested with "all the powers necessary for the exercise of their jurisdiction". Furthermore, they may:

{{quote|at any time and in all matters, whether in first instance or in appeal, issue orders to safeguard the rights of the parties, for such time and on such conditions as they may determine. As well, they may, in the matters brought before them, even on their own initiative, issue injunctions or reprimands, suppress writings or declare them libellous, and make such orders as are appropriate to deal with cases for which no specific remedy is provided by law.<ref>Code of civil procedure, L.R.Q., ch. C-25, s. 46</ref>}}

Section 46 vests a very broad power on judicial courts and judges to ensure that the administration of justice is conducted according to decorum and according to the remedial nature of justice. As the courts's decisions have shown it, the authority to declare a litigant as vexatious is directly tributary to the power conferred by section 46. Cases illustrating the application of section 46 are numerous. Among them, there are: ''Nguiagain v. Commission de la fonction publique'',<ref>[1996] R.J.Q. 3009</ref> in which the judge rejected the plaintiff's motion for a ''[[mandamus]]'' to enjoin his union to revise the grievance that he had filed on the grounds that the motion was groundless and abusive; ''De Niverville c. Descôteaux'',<ref>{{cite CanLII|litigants=Niverville c. Descôteaux|link=|year=1997|court=qccs|num=8240|format=canlii|pinpoint=|parallelcite=|date=1997-02-07|courtname=auto|juris=}}</ref> where an injunction was rendered declaring the respondent, disbarred lawyer Descôteaux, as a vexatious litigant due to the multiple unfounded and frivolous actions that he had sought against the plaintiff De Niverville; and in ''Fabrikant v. Corbin'',<ref>{{cite CanLII|litigants=Fabrikant v. Corbin|link=|year=2000|court=qccs|num=17779|format=canlii|pinpoint=|parallelcite=|date=2000-05-30|courtname=auto|juris=}}</ref> a motion to declare the plaintiff [[Valery Fabrikant]] as a vexatious litigant was granted to the defendant, Corbin. In all of the above cited cases, a litigant was only declared vexatious following a proceeding instated by the opposite party. Moreover, section 46's scope is limited to judicial courts and judges. Administrative tribunals are legislative creations and they can only exist and function within the limits that are imposed by law. Administrative tribunals in Quebec cannot declare a person a vexatious litigant.

As per section 90 of the ''Rules of Practice of the Superior Court of Québec in Civil Matters'',<ref>L.R.Q., ch. C-25, r. 8</ref> such litigants are now indexed in a registry kept by the Chief Justice in the judiciary district of Montreal. Lawyer and author Claude Duchesnay has reported in May 2003 that a document on the Quebec attorney general's intranet contains the name of 58 persons who must obtain permission prior to instating proceedings before the courts.<ref>Claude DUCHESNAY, « Se représenter seul », Congrès du Barreau du Québec, Compte rendu des activités de formation, Le Journal Barreau, édition du 1 er  août 2002, p. VII et VIII</ref>