Law in Quebec - News and commentary about Quebec (and Canadian) legal developments

Access to justice Barreau du Quebec Quebec October 12, 2017

Free legal advice provided this weekend by Young Bar of Montreal

The Young Bar of Montreal will provide free legal advice by telephone this weekend. Volunteer lawyers and notaries will be available to answer questions on a wide range of subjects, from consumer to family law to labour to the management of estates.

People can call the hotline at 1 844-779-6232 on Saturday, October 14th and Sunday, October 15th from 9:00 to 16:30.

“The Clinic is an efficient and accessible service for all that allows us to respond to the growing needs of the community when it comes to justice," said Sophia Rossi, president of the Young Bar of Montreal, adding that she hopes to offer this service more frequently. The Bar has 5,000 members, composed of lawyers with ten years and less of practice.

The 29th edition of the “Legal Helpline” is an initiative conducted in partnership with the Barreau du Québec and the Centre d’accès à l’information Juridique (CAIJ).

“The activity, which is very much appreciated by our fellow Quebeckers, provides access to justice and, year after year, has proven to be an event not to be missed," said Paul-Matthieu Grondin, president of the Québec Bar.…

Business Quebec Superior Court Rulings Tax October 12, 2017

Decision may grant tax authorities with much leeway

Quebec Superior Court overturned a ruling that held that the investigative methods used by federal and provincial tax authorities to investigate corruption in the Quebec construction industry were “highly reprehensible,” paving the way for Canada Revenue Agency and Revenue Quebec to once again pursue tax evasion inquiries that were put on hold for the past two years.

In a series of concurrent decisions, Quebec Superior court Justice Daniel Payette held that the investigation conducted by tax authorities did not contravene the leading Supreme Court of Canada decision in R. v. Jarvis, [2002] 3 SCR 757, which draws a distinctions between civil tax audits and criminal tax investigations.…

Internet Quebec September 29, 2017

PlexCoin still under scrutiny by Quebec financial regulator

Quebec’s financial watchdog is putting the squeeze on Dominic Lacroix.

He is a Quebec City resident who is thought to be behind an initial coin offering, PlexCoin, that is set to launch on Friday, October 13th.

The Autorité des marchés financiers (AMF) is working hard to prevent that from happening, and is ramping up the pressure.

Next Tuesday, on October 3rd, before Quebec Superior Court in Quebec City, the AMF will argue that Lacroix should be found guilty of contempt of court for failing to comply with orders issued by the Quebec Financial Markets Administrative Tribunal. …

Canada Internet September 19, 2017

Ottawa finally proposes regulations on data breach notifications

Private sector organizations following federal privacy law will have to provide breach notifications to customers and the privacy commissioner where it is reasonable to believe that the breach creates a “real risk of significant harm,” under long-awaited proposed regulations to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

The draft regulations, if and when they come in force, are expected to provide Canadians with better protection while providing organizations with yet another compelling incentive to adopt better security practices to thwart a phenomenon that is occurring with alarming frequency, according to privacy experts.

Early this month, a security breach at credit-monitoring company Equifax Inc., one of three major credit bureaus in the United States, could affect up to 143 million Americans and an undisclosed number of Canadians. More recently still, the personal information of some one million users from the news and entertainment website Canoe.ca were exposed after some of its databases were hacked.…

Canada Intellectual property September 7, 2017

Canadian financial regulators provide guidance on cryptocurrency offerings

Canadian financial regulators, in lockstep with a growing number of jurisdictions, has put the cryptocurrency world on notice after confirming the potential applicability of Canadian securities laws to virtual currencies and related trading and marketplace operations.

Cryptocurrency offerings can provide new opportunities for business to raise capital and for investors to access a broader range of investments but they also raise investor protection concerns due to its volatility, lack of transparency, custody, liquidity and the use of cryptocurrency exchanges, notes the Canadian Securities Administrators in a recently published Staff Notice 46-307.

“Investors may (also) be harmed by unethical practices or illegal schemes, and may not understand the properties of the investment products that they are purchasing,” said the notice.…

Crime Quebec Court of Appeal Rulings September 6, 2017

New murder trial ordered following judge’s inadequate instructions

The Quebec Court of Appeal ordered a new trial of a man convicted of killing three people because the trial judge provided inadequate instructions to the jury over the weight that should be given to post-offence conduct and because he failed to warn the jury that the testimony of the prosecution’s expert went beyond the bounds of his expertise.

The ruling, the second time in six years that the Quebec appeal court set aside a murder conviction and ordered a new trial because of testimony provided by psychiatrist Sylvain Faucher, highlights pervasive concerns about expert bias and examines the credence that should be given to post-offence conduct, according to criminal lawyers.…

Legal business Quebec Court of Appeal Rulings September 5, 2017

Total amount of legal fees not necessarily covered by solicitor-client privilege rules Quebec appeal court

The total amount of professional billings paid to lawyers working on a mandate for public bodies is not necessarily automatically protected by solicitor-client privilege ruled the Quebec Court of Appeal.

In what is described as a precedent-setting ruling, the Quebec appeal court decision provides much-needed guidance and strikes a delicate balance between professional secrecy and public access to documents, according to legal experts.

“The importance of this lies with the distinction the Quebec appeal court makes between professional secrecy and public access to documents regarding legal fees paid by public bodies to lawyers,” said Pierre Trudel, a former director of Université de Montréal’s Public Law Research Centre. “The decision provides helpful guidance over what should remain protected by professional secrecy and what should be accessible to ensure public access to documents.”…

Aboriginal law Charter of Rights and Freedoms Quebec Court of Appeal Rulings August 28, 2017

Ottawa given until Christmas to address sex-based discriminatory provisions in the Indian Act

The federal government dodged a potential crisis that would have halted Indian status registrations after the Quebec Court of Appeal begrudgingly gave Ottawa until Christmas to address sex-based discriminatory provisions in the Indian Act and complete a bill that has been held up by the Senate.

In a ruling that marks the first time a Canadian appellate court has been called upon to decide whether or not to extend yet again the suspension of a judicial declaration of constitutional invalidity of a legislative provision, the Quebec appeal court scolded the federal government for the “unacceptable delays” and the absence of administrative measures that would have mitigated the discrimination.

“There are limits as to how long suspensions of declarations of constitutional invalidity may last,” said Justice Robert Mainville in a 20-page ruling in AG Canada c. Descheneaux, 2017 QCCA 1238. Justices Marie-Josée Hogue and Patrick Healy concurred with the August 18th decision.…

Public law Quebec Quebec Court of Appeal Rulings August 24, 2017

Two Montreal protesters awarded $2,000 each in damages by Quebec appeal court

Two protesters that occupied a public square in downtown Montreal won a partial victory after the Quebec Court of Appeal awarded them $2,000 each for moral and material loss because the police no longer had reason to keep them handcuffed and detained in the back of a police car to drive them to another part of the city.

The ruling, which partially overturned a lower court ruling, provides guidance over the use of handcuffs while in custody, the duration of detention as well as the marking of hands and taking of pictures for identification purposes following arrest.

“This is very good news for all people who participate in peaceful protests because the question is not simply whether the protest was legal or not or did it become illegal at any time but also whether the police operation was legal throughout,” said Julius Grey, a Montreal human rights lawyer who successfully plead the case before the appellate court.…

Class actions Quebec Superior Court Rulings August 21, 2017

Retailer ordered to pay $1 million in punitive damages in class action

Canada’s largest discount furniture and appliance retailer was ordered to pay $2.36 million, including $1 million in punitive damages, to thousands of consumers after Quebec Superior Court found that it engaged in deceptive advertising and marketing with its popular “buy now, pay later” promotions.

The ruling, one of a handful of Quebec class actions that was decided on its merits, represents a convincing victory for consumer’s rights and serves as a cautionary tale for business that rely on false and misleading advertising pitches to lure customers, according to legal experts.…

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Federal Department of Finance launches consultations

The federal Department of Finance launched a second round of consultations on reform of federal financial institution statutes. Its paper entitled paper entitled "Potential Policy Measures to Support a Strong and Growing Economy: Positioning Canada's Financial Sector for the Future" can be downloaded here.

Copyright Board launches consultations

The Copyright Board of Canada, today launched consultations on proposed legislative and regulatory changes to the its decision-making processes. A government discussion paper presents 13 possible options for legislative and regulatory reforms. The government will also consider any other reform options that would help address the Board's challenges outlined in the discussion paper. The consultations will be open from August 9 to September 29. Those interested can share their views until September 29 by emailing CBconsultations@canada.ca.

Handbook for lawyers on business and human rights

The International Bar Association published a Handbook for Lawyers on Business and Human Rights to provide guidance for business lawyers and their corporate clients on how to address human rights risks in corporate and commercial transactions. It can be read here.

Handbook for young lawyers

The Barreau du Quebec published a handbook for newly sworn in Lawyers. It can be downloaded here.

Proposal for new prospectus exemption

The Canadian securities administrators have proposed a new prospectus exemption for the resale of securities of a foreign issuer. The proposed amendments to National Instrument 45-102 Resale of Securities (NI 45-102) and request for comments can be read here. Comments must be submitted in writing by September 27, 2017.

Quebec Court of Appeal's Guide to Legal Citation

The guide aims to provide the legal community with standardized writing and reference rules. While the rules are not mandatory, the Court "invites" lawyers and litigants to use the rules when writing pleadings, briefs or memoranda they submit to the Court. It's in French only but it does have a useful bilingual lexicon. It can be downloaded here.