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Family law Quebec Rulings Weekend reads

Ex-wife of wealthy businessman author of her own misfortune

In the end she was done in by spite, and greed.

She is the ex-wife of a wealthy Quebec businessman who had sought to maintain an exceptionally privileged and luxurious lifestyle, and fought tooth and nail. She hired and fired more than half a dozen lawyers all the while waging a relentless, and ultimately, vain legal battle to find hidden assets ostensibly stashed away by her husband. She frittered away about $4 million in legal and expert expenses, only for the case to be heard ex parte. She did not show up at trial nor was she was she represented by a lawyer.…

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Aboriginal law Canada

Supreme Court of Canada clarifies duty to consult

The Supreme Court of Canada shed new light on the Crown’s constitutional duty to consult with Aboriginal communities and clarified the role and obligation of decision-making bodies in two separate decisons that has the potential of providing greater predictability for natural resources companies seeking regulatory approval.

In companion decisions, the nation’s highest court handed mixed results to Inuit and First Nations groups who challenged decisions by the National Energy Board (NEB), a regulatory agency.…

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Aboriginal law Quebec

Appeal court postpones ruling that would have suspended Indian status registrations

The Quebec Court of Appeal granted a safeguard order today that temporarily postpones a court ruling that would have suspended new Indian status registrations as of July 4th.

Quebec Court of Appeal Justice Nicholas Kasirer granted the Attorney General of Canada leave to appeal from a June 27th decision that refused to extend for a second time the suspension of its August 3, 2015 judgment that found that the principal registration provisions of the Indian Act were invalid because it breached s.15 of the Canadian Charter of Rights and Freedoms.…

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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.…

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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.…

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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.…

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Business Public law Quebec

Quebec lobbyists commissioner appeals for tougher legislation

Talk is cheap.

So says François Casgrain, Quebec’s lobbyists commissioner, who will be retiring by the end of the month after an eight-year term due to health reasons.

Casgrain, disappointed but not bitter, chastised Quebec politicians of all stripes for failing to bolster, expand and simplify the province’s lobby laws. Four successive provincial governments promised over the years to shore up lobby laws, and none have kept their word. The latest effort, Bill 56, is languishing since November 2015.…

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Family law Quebec

Family law reform dropped by Quebec government

A government-mandated committee report that called for sweeping reforms of Quebec’s family law regime has all but been sidelined, making it the second the comprehensive report that the Quebec government has quietly shelved over the past month.

Quebec Minister of Justice Stéphanie Vallée recently testified before a parliamentary commission that the provincial government is now reviewing its position over family law reforms.…

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Public law Quebec

Quebec government shelves administrative justice system reform

A comprehensive report that called on the Quebec government to revamp the province’s administrative justice system has been quietly shelved, all but admitted the Quebec Minister of Justice Stéphanie Vallée before a parliamentary commission at the National Assembly.

The report noted that an absence of clear rules in the nomination process of Quebec administrative tribunal adjudicators allows for partisan influence, compromises their independence, potentially raises questions over their impartiality, and casts doubt over the integrity of a system that directly or indirectly affects all Quebecers.…

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Canada Legislation Public law Quebec

Physician-assisted dying: “Where do people really want to draw that line?”

Margaret Somerville’s fears appear to be coming true. The founding director of the McGill Centre for Medicine, Ethics and Law predicted that the passage of the Quebec Act Respecting End-of-Life Care would inevitably create a slippery slope. The ethicist asserts that once “the clear line of inflicting death” is crossed, euthanasia will inexorably be extended to a much wider range of people initially covered by the controversial law.

Medical assistance in dying could reduce annual health care spending across Canada by between $34.7 and $138.8 million, surpassing the $1.5M to $14.8M in direct costs associated with implementing medical assistance in dying, according to a new research paper in Canadian Medical Association Journal. Even if the potential savings are overestimated and the costs underestimated, the implementation of medical assistance in dying will “likely remain at least” cost neutral, notes the paper.…

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