Monthly Archives

June 2017

Aboriginal law Quebec Quebec Superior Court Rulings

New Indian status registrations in jeopardy

A suspension on new Indian status registrations could begin new week unless the Quebec Court of Appeal issues a safeguard order that would temporarily suspend a ruling that ordered the federal government to correct discriminatory provisions in the Indian Act that infringe the Charter of Rights and Freedoms.

Quebec Superior Court Justice Chantal Masse dismissed a motion earlier this week to extend Parliament’s deadline for eliminating sex discrimination from the registration provisions in the Indian Act. Ottawa had already received a couple of extensions.…

Continue Reading

Business Canada

UN panel calls on Canada to appoint extractive sector ombudsperson

An independent, well-resourced office for an ombudsperson that can investigate allegations and enforce orders on Canadian extractives’ overseas operations should be established by the federal government to provide effective remedies in a timely and inexpensive manner, recommends a United Nations working group on business and human rights.

The proposal is one of several made by the UN panel to ensure that federal and provincial governments strengthen access to both judicial and non-judicial remedial mechanisms to victims of human rights abuses.…

Continue Reading

Aboriginal law Business Canada

Federal and provincial governments need to demonstrate “stronger engagement” towards duty to consult, says UN panel

Federal and provincial governments "need" to demonstrate a “stronger engagement” towards conducting meaningful consultations with indigenous communities, according to a United Nations working group on business and human rights.

The duty to consult takes on added weight given that extensive mining and oil and gas extraction in several indigenous territories is “accompanied” by significant adverse environment impacts that affect the right to health, added the UN panel.…

Continue Reading

Court of Quebec Quebec Quebec Superior Court

Number of photo radar tickets issued in Quebec has dramatically plunged

The number of photo radar tickets that have been issued has dramatically plunged over the past couple of months following two decisions that called into question the rules around the province’s use of the automated speed and red-light enforcement technology.

According to figures compiled by the Quebec transport ministry that the French-language tabloid Le Journal de Québec obtained through access-to-information requests, only 309 photo radar tickets were issued in May 2017 compared to 41,721 in November 2016. Government coffers have borne the brunt: In November 2016 the provincial government was able to recoup $5.4 million compared to a meagre $95,000 in May 2017.

“It’s been quite a while since we have received requests to challenge photo radar tickets,” told me a Montreal lawyer working for a law firm that specializes in challenging tickets.…

Continue Reading

On the move Quebec Quebec Court of Appeal Quebec Superior Court

Federal government announced two new appointments as well as a reshuffle in the Quebec courts

Barely a week after Quebec Minister of Justice Stephanie Vallée called on the federal government yet again to quickly appoint 10 new Superior Court justices in the province, the federal government announced two new appointments as well as a shake-up in the Quebec courts.

The latest appointments still falls short of what the Quebec government has been demanding. The president of the Quebec Bar, Paul-Matthieu Grondin, said in a tweet published shortly after the nominations that "the federal government MUST appoint judges to the Quebec Superior Court. Yesterday's appointments are far from enough."

Still, the new appointments and the reshuffle is nevertheless widely expected to make a dent in the backlog of cases that have plagued the Quebec criminal justice system, particularly since the landmark Jordan decision by the Supreme Court of Canada issued last summer.…

Continue Reading

Aboriginal law Business Canada

UN Working Group calls on Canada to do more to address human rights abroad

A United Nations working group on business and human rights is calling on federal and provincial governments as well as industry associations and companies to bolster their efforts to prevent and address “adverse human rights impacts” of business activities in Canada and abroad.

The UN panel lauded the federal government for undertaking some initiatives to deal with business and human rights, particularly in the extractive sector, but underscored that it could do much more.…

Continue Reading

Crime Quebec Quebec Superior Court White-collar crimes

A third guilty plea in residential construction bid‑rigging scheme in Montreal

More than a decade after a tip led the Competition Bureau to conduct an investigation on eight Montreal-area companies suspected of rigging bids for private sector contracts, a Quebec numbered company specializing in the installation of ventilation systems was fined $140,000 fine after it plead guilty to one count of bid-rigging.…

Continue Reading

Court of Quebec Quebec

Court of Quebec Judge acted as a private lender before being appointed

A recently appointed Court of Quebec judge has lent more than $9 million in loans over the past few years, according to an investigation by a French-language newspaper.

Judge Manlio Del Negro, who was formally inducted as a Court of Quebec judge yesterday during a ceremony held at the Montreal courthouse, allegedly provided more than 45 loans from 2006 to 2017 before being appointed as a judge this spring, according to the Journal de Montréal.…

Continue Reading

Criminal justice Quebec

Quebec yet again calls on Ottawa to appoint more judges

Days after the new president of the Quebec legal society said that the landmark Jordan ruling could “do us good if we could solve the problem,” Quebec Justice Minister Stephanie Vallée called on the federal government yet again to quickly appoint 10 new Superior Court justices in the province.

Despite significant investments over the past six months by the Quebec government to curb delays in the criminal justice system, Quebec is still struggling as the number of Jordan-related requests for a stay of proceedings keeps on surging. The Quebec Director of criminal and penal prosecutions (DPCP) revealed that there were 684 Jordan applications as of March 23, 2017, a figure that has grown to 895 as of late May.…

Continue Reading