Law in Quebec

News about Quebec legal developments


Canada

  • Civil liberties organization appeals ruling that does not compel Supreme Court to translate pre-1970 rulings

    A civil liberties organization is appealing a Federal Court decision that held that the Supreme Court of Canada is not required to translate some 6,000 judgments issued between 1877 and 1969.

    In a ruling handed down this summer, Justice Denise LeBlanc held that the nation’s highest court did not breach the federal Official Languages Act (OLA) when it posted on its website its untranslated pre-1970 judgments in their original languages.

    Justice LeBlanc also held in Droits collectifs Québec v. Office of the Registrar of the Supreme Court of Canada, 2026 FC 706 that the statute does not oblige the top court to translate thousands of historical judgments into both official languages because the rulings are neither “services to” nor “communications with” the public within the meaning of the OLA, and are therefore not subject to the translation obligation set out in the general provisions of Part IV of the OLA.

    Since 2021, the civil liberties group Droits collectifs Québec has lodged two successful complaints before Canada’s Commissioner of Official Languages. Raymond Théberge, the then-commissioner, determined their complaints were founded and that the online publishing of the untranslated judgments was a communication with the public by a federal institution under the OLA.

    Théberge summoned the nation’s highest court to translate all of its rulings dating before 1970 to comply with its obligations under The Official Languages Act. But the Court registrar’s office has not entirely paid heed, prompting Droits collectifs Québec to unsuccessfully request a remedy before the Federal Court under OLA s. 77.

    “French speakers need to use tools such as the judgements handed down by the Supreme Court of Canada in their day-to-day lives,” Étienne-Alexis Boucher, the executive director of Droits collectifs Québec, told the French-language newspaper Le Devoir. “So why require these judgements to be translated? It is so that ordinary people, and the community of French-speaking legal professionals, can enjoy the same benefits and have access to the same tools as their English-speaking colleagues in a country that describes itself as bilingual.”

    But Chief Justice Richard Wagner said the court does not intend to translate the more than 6,000 judgments rendered between 1877 and 1970.

    “It’s not bad faith, it’s a question of means, (and) it’s also a question of reasonableness,” he said, noting it would take about a hundred translators 10 years and between $10 million and $20 million to complete the job. “We don’t have that money.”

    Justice Wagner said that translating pre-1970 decisions would be of little utility and would only “please those who are lovers of legal cultural heritage.”

    That stance perplexes Boucher. He told me that there are several judgments, such as Saumur et al. v. Procureur général du Québec and Roncarelli v. Duplessis, that were handed down before 1969 and are still seminal today. Boucher believes that the situation discriminates against French-speaking Canadians and Quebecers whose “right to benefit” from a French translation of pre-1970 SCC rulings is not respected by an institution that should be “exemplary” and respect the rule of law.

    (more…)

  • Quebec bolsters secularism rules

    The Quebec government has passed a contentious law that tightens secularism rules, extending the province’s ban on the wearing of religious symbols to support staff in schools, much to the chagrin of human rights advocates who slam the effort as nothing less than an attack on the rights of certain minorities, and in particular certain religious minorities.

    Bill 94, An Act to, in particular, reinforce laicity in the education network and to amend various legislative provisions, goes beyond the ban on religious symbols on teachers, school directors and vice-directors imposed by Quebec’s controversial secularism law, widely known as Bill 21, adopted in 2019. It broadens the interdiction to volunteers and all employees, including lunch and after-school care monitors, cafeteria workers, janitors, administrators, secretaries and others. (more…)

  • The legal challenges raised by AI-powered algorithmic pricing

    The days when sellers affixed prices to peddle their wares are waning. Watchdogs are concerned and regulators are caught in a bind.

    Artificial intelligence is reshaping the marketplace in ways most consumers are oblivious to.

    Through AI and algorithms, businesses can now adjust prices in real time based on market conditions and user data, including who you are, where you are, what you browse, and what companies think you are willing to pay. This often happens without the consumers’ knowledge or consent. Some retail apps even change their prices depending on whether you are inside or outside the store.

  • Drip pricing under the microscope following Quebec Court of Appeal ruling

    A Quebec Court of Appeal ruling that ordered Air Canada to pay more than $10 million in punitive damages in a class action lawsuit underscores the growing risks companies engaging in drip pricing face, according to legal pundits.

    The Appeal Court decision, following a long 15-year legal battle, marks the third significant case dealing with unbundled pricing over the past year, with the Competition Tribunal ordering Canada’s largest cinema chain, Cineplex Inc., to pay a record penalty of over $38.9 million for deceptive marketing practices by adding a mandatory $1.50 online booking fee, the first enforcement of the drip pricing provisions introduced by the amendments to Canada’s Competition Act. In June 2024, the Competition Bureau also reached an agreement with SiriusXM Canada, a subscription-based satellite radio and streaming content provider, over subscription price representations. Sirius agreed to pay a $3.3 million penalty, enhance its compliance program, and pledged not to engage in drip pricing.

    (more…)

  • Monday’s Medley – Issue 04

    Each Monday I intend to provide a potpourri of Quebec (and Canadian) legal developments. Issue 04 takes a brief look at a rare public stance taken by the Court of Quebec, a college ordered to pay $10,000 in damages, and a popular online food delivery company accused of drip pricing.

    (more…)

  • Top legal cases in 2024

    This is the time of year when law firms and legal publications provide a retrospective look at some of the most significant judicial rulings in 2024. Here’s some of them.

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    The nation’s highest court issued a series of important decisions that stemmed from Quebec, two of which dealt with aboriginal law.
    • Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (Aboriginal law, Constitutional Law: Division of Powers)In a decision that marks a major step in the evolution of Canadian law’s treatment of Indigenous laws and legal orders, according to legal pundits, the Supreme Court of Canada upheld the constitutionality of a federal statute that affirms Indigenous peoples’ right of self-government with respect to child and family services.”On an immediate level, it is a hugely important decision for Indigenous communities across the country working to implement their own child and family welfare services and for the Indigenous children and families who interact with child and family services. More broadly, it also has important implications for how Parliament can promote “legislative reconciliation” through the passage of laws that affirm Aboriginal and Treaty rights and that incorporate Indigenous laws and legal orders.” JFK Law LLP
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    • Eurobank Ergasias S.A. v. Bombardier inc., 2024 SCC 11 (Business law)This Supreme Court ruling confirms that a Canadian bank must refuse payment to the beneficiary of a letter of credit due to fraud.”The decision also touches on important principles of private international law, such as comity and the principles applicable to the recognition and enforcement of foreign judgments by Québec courts. In that vein, the SCC’s decision strongly signals that a foreign judgment’s disregard to a binding international arbitration order or award may violate public order as understood in international relations and thus lead to its unenforceability in Canada.” Borden Ladner Gervais LLP

      “The Supreme Court’s decision is a significant decision on the law of bank guarantees in Canada, which are often provided for in international contracts with arbitration clauses, especially in the field of construction. The decision expands on the principles applying to the sole exception to the obligation of banks to pay a beneficiary of a letter of credit on demand: fraud.” Arbitration Matters

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    • Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13 (Labour law: Freedom of Association)In a favourable decision for employers, the Supreme Court held that exclusion of first-line managers from a statutory collective bargaining regime was constitutional.”Ultimately, as the Supreme Court rightly points out, the legislative exclusion of managers from the labour relations regime set out in the Labour Code makes it possible to avoid role conflicts between employer and employees in the context of their professional responsibilities (for example, in the context of collective bargaining of employees’ working conditions). This exclusion ensures managers adequately represent the employer’s interests, and thus preserves the employer’s confidence in its representatives.” Norton Rose Fulbright LLP

      “The Supreme Court of Canada dealt with a number of important issues that are significant for the law of judicial review of administrative action and for regulation more broadly.” Paul Daly, law professor at the University of Ottawa

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    • McLaren Automotive Incorporated v 9727272 Canada Inc. (Arbitration)Internal arbitration appeal mechanisms do no breach public policy, do not derogate from the jurisdiction of the courts, and do not violate the principle of proportionality, points out Gowling WLF following a decision that used international trends as part of its reasoning.”The fundamental underpinning of arbitration is freedom of contract—the right of parties to choose how to resolve their disputes. The decision in McLaren Automotive is very much rooted in that principle, and it is difficult to disagree with the approach taken by the Court.” Gowling WLG

     


    SUGGESTED READINGS:


     

  • Monday’s Medley (Issue 01)

    Each Monday I will provide a potpourri of Quebec legal developments. Here’s the first issue. It begins with the Supreme Court refusing to hear an appeal from the Mohawk Mothers, Hydro-Québec ordered to pay $5 million to a First Nation, a $2 million for contaminating water, a class action settlement dealing with psychiatric patients, and a class action that was certified against a Montreal billionaire.

    (more…)

  • Supreme Court will hear Quebec’s challenge to daycare access for asylum seekers

    Eight months ago, asylum seekers in Quebec won a hard, long legal battle that gave them access to subsidized daycare.

    Now that’s all up in the air.

    The nation’s highest court agreed to hear a challenge from the Quebec government that granted asylum seekers access to subsidized daycare spaces.

    The Quebec Court of Appeal concluded this past February that a provincial government’s regulation that excludes asylum seekers from gaining access to subsidized daycare, at $9.10 per day, amounts to a discriminatory measure against women and is a violation of the right to equality protected by section 15 of the Canadian Charter of Rights and Freedoms.

    The Quebec Appeal Court found that by excluding persons seeking asylum, it has a disproportionately negative impact on women seeking asylum, and is therefore discriminatory as a result of its prejudicial effect.

    “Women are historically disadvantaged in the workplace because they disproportionately take on childcare responsibilities,” held Justice Julie Dutil in Procureur général du Québec c. Kanyinda, 2024 QCCA 144. “The fact that asylum seekers alone are ineligible for the reduced contribution for subsidized childcare places clearly has a disproportionate effect on women in this group.”


    Here’s an in-depth examination of the legal issues at play:

    Controversy erupts after Quebec Appeal Court grants asylum seekers access to subsidized daycare

     

  • SCC to hear appeal over secret criminal trial

    The Supreme Court of Canada will hear an appeal from a slew of media organizations challenging confidentiality orders issued in a secret criminal trial, with no paper trail, that was held in Quebec.

    The secret trial only came to light after the defendant chose to appeal the verdict before the Quebec Court of Appeal.  The trial did not have a case number and was never filed in the province’s judicial archives. As disturbingly, the names of the defence lawyer, the Crown prosecutor and the judge were excluded from the public record as were the offence, date and location of where the trial took place. Moreover, witnesses were interviewed out of court, and the parties asked the judge to decide the case based on transcripts.

    (more…)

  • Quebec appeals landmark ruling that affirms self-governance for Indigenous peoples

    The Quebec government will appeal an Appeal Court decision that marked the first time the courts have clearly recognized a self-government right as a right of all Indigenous peoples in Canada.

    The Quebec Appeal Court held that Indigenous people possess an existing right of self-government that is protected by section 35 of the Constitution Act, 1982, according to legal experts.

    “It is a question of jurisdiction between the Quebec and Canadian governments, and we are pursuing the relationship with the Aboriginal communities,” said Quebec Minister of Justice Simon Jolin-Barrette, explaining why the provincial government is seeking leave to appeal before the Supreme Court of Canada.

    “It is possible to have a partnership with the Aboriginal communities in order to take charge of youth protection, but this must be done within the division of powers that exists in the Constitution,” added Jolin-Barrette.

    (more…)

  • Canadian Constitution architecture dramatically altered following Quebec Appeal Court decision, according to experts

    The architecture of the Canadian Constitution has been dramatically altered, with the emergence of a third level of government, after the Quebec Court of Appeal ruled that Indigenous people possess an existing right of self-government that is protected by section 35 of the Constitution Act, 1982, according to legal experts.

    The “bold” decision, a reference case brought by the Attorney General of Québec after it challenged the constitutionality of the federal government’s Indigenous child welfare law, marks the first time a self-government right has been clearly recognized by the courts as a right of all Indigenous peoples in Canada, added aboriginal and constitutional legal experts.

    “The Court recognized that Indigenous peoples in Canada have a right to self-government over child and family services recognized and affirmed by section 35 of the Constitution Act, 1982,” said Claire Truesdale, a Vancouver lawyer with JFK Law Corporation who practices Aboriginal, environmental and constitutional law. “This is remarkable.”

    (more…)

  • SCC to hear challenge over Quebec’s ban on homegrown cannabis

    There may yet be hope for Quebec homegrown cannabis growers.

    The Supreme Court of Canada will examine the constitutionality of a provincial ban that forbids the growing of recreational cannabis for personal use. No date has been set for a hearing.

    The Quebec Court of Appeal overturned a lower court ruling last year that held that Quebec’s prohibition on home cultivation was unconstitutional.

    The Appeal Court concluded instead that the province was acting within its jurisdiction over property and civil rights when it decided to regulate the market by creating a state monopoly to minimize the “harmful” effects of cannabis on health.

    (more…)

  • New federal regulatory amendments allow physicians to request restricted psychedelics

    The move towards making psychedelics more readily legally accessible is gaining momentum.

    The federal government quietly enacted long-awaited amendments that allow healthcare practitioners to request access to restricted drugs, like psychedelics, for patients with serious or life-threatening conditions in cases where other therapies have failed, are unsuitable, or are not available in Canada. (more…)

  • The push to decriminalize magic mushrooms

    The drive towards decriminalizing or legalizing psychedelics such as magic mushrooms is gaining momentum. Galvanized by research exploring the medicinal promise of psychedelics as a potential treatment for mental health disorders, patients’ groups and the business and medical community are pushing to make psychedelics more readily legally accessible.

    (more…)

  • The contract is king

    The contract is king, especially when it involves sophisticated commercial parties who freely negotiated a non-consumer contract, ruled the Supreme Court of Canada in a case dealing with non-liability clauses.

    In a case centred around a contract dispute between two firms, the nation’s highest court overturned a Quebec Court of Appeal decision and held that “the will of the parties had to be respected.”

    (more…)

Law in Quebec
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