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Charter of Rights and Freedoms

French language still needs protection rules Quebec appeal court

A bid to overturn Quebec’s sign law by a group of anglophone merchants suffered yet another setback after the Quebec Court of Appeal upheld two lower court rulings that held that the French language is still vulnerable in Quebec and continues to need protection even though it has made “modest progress” in recent decades.

Why it matters: The Quebec appeal court also appears to have “opened a door” to new legal challenges to the signage law under s. 15 of the Canadian Charter and s. 10 of the Quebec Charter.

Also, the appeal court found that unilingual English websites are too subject to the French language charter.

But the appeal court also appears to have “opened a door” to new legal challenges to the signage law under s. 15 of the Canadian Charter and s. 10 of the Quebec Charter…

Charter of Rights and Freedoms Criminal Code of Canada Criminal justice Public law November 29, 2017

Red zones violate rights of marginalized people, study says

“Red zones ” or “no-go” orders, conditions of release imposed by police or the courts in bail or probation orders that prohibit an individual from entering or being found within a specific place or area, have become increasingly pervasive but are costly, ineffective and violate people’s rights, concludes a new study.

Why it matters: “Legal actors are pursuing legitimate objectives such as preventing crime and trying to promote social reintegration of offenders in the case of probation orders,” said Marie-Eve Sylvestre, the report's lead researcher and a law professor at the University of Ottawa. “But they are unaware of how inefficient the system is and how little it achieves its objectives in terms of preventing crime.”…

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.…

Barreau du Quebec Charter of Rights and Freedoms Legal business Quebec Quebec Court of Appeal Rulings Supreme Court of Canada June 5, 2017

Ruling could lead lawyers to think hard before voicing concerns about legal system

In a controversial decision, the Quebec Court of Appeal recently held that Quebec lawyers can criticize the legal system as long as it is done with dignified restraint, constructively and meets the public’s reasonable expectations of a lawyer’s professionalism.

But the appeal court decision has stoked fears that the ruling will engender a chilling effect, and prompt lawyers to think twice before voicing their concerns about the legal system in public for fear of being reprimanded by their law society.…

Charter of Rights and Freedoms Quebec Quebec Charter of Human Rights and Freedoms Quebec Superior Court Rulings February 28, 2017

Montreal’s efforts to shut down religious ceremonies hosted by cultural centre violates Charter

The City of Montreal, one of a growing number of municipalities in Quebec that has attempted to use zoning restrictions to restrict places of worship, acted in bad faith and breached the Charter’s guarantee to freedom of religion when it tried to shut down an Islamic cultural centre that hosted religious ceremonies, ruled Quebec Superior Court.

In a closely-watched decision by municipal and human rights lawyers, Quebec Superior Court Judge Jean-Yves Lalonde castigated the city for implementing a zoning by-law that “would promote a phenomenon of ghettoization, access problems and appears to be discriminatory compared to the Catholic churches in the borough that are generally found in the residential sector in the City of Montreal.”…

Charter of Rights and Freedoms Civil Code of Quebec Quebec Quebec Charter of Human Rights and Freedoms Quebec Superior Court Rulings March 15, 2016

Quebec court rules that religious marriages do not necessarily carry any legal obligations

A controversial Quebec Superior Court decision that ruled that religious marriages do not necessarily carry any legal obligations under civil law may have alarming and sweeping consequences, according to family law experts.

The “disturbing” ruling creates a new category of civil status in Quebec, undermines long-held views of religious marriages, and will possibly expose women to vulnerable situations where they will be pressured into celebrating a religious marriage without the protection afforded by civil law, cautioned family lawyers.…

Accounting Charter of Rights and Freedoms Court of Quebec Quebec Rulings Supreme Court of Canada Tax January 21, 2016

Revenue Canada investigation highly reprehensible, says court

A “highly reprehensible” and illegal probe by the Canada Revenue Agency that failed to draw the distinction between a civil tax audit and a criminal tax investigation has put into jeopardy several tax evasion criminal cases involving Quebec construction companies and corruption charges against former federal civil servants, according to tax experts.

In a precedent-setting ruling that appears to bring more clarity to the leading Supreme Court of Canada decision in R. v. Jarvis , [2002] 3 SCR 757, Court of Quebec Justice Dominique Larochelle held that the evidence produced to charge the owner and three other company officials of a Montreal company, B.T. Céramiques, was obtained illegally because federal tax officials crossed the “Rubicon” and failed to inform the taxpayers that the inquiry had turned into a criminal investigation, thereby breaching their right to freedom from self-incrimination and right to reasonable expectation of privacy guaranteed under s.7 and s.8 of the Charter of Rights and Freedoms.…

Aboriginal law Charter of Rights and Freedoms Quebec Quebec Superior Court Rulings December 15, 2015

Federal government given 18 months to amend Indian Act

The federal government has been given 18 months to correct discriminatory provisions in the Indian Act that infringe the Charter of Rights and Freedoms after a Quebec judge held that generations of indigenous women have suffered discrimination based on gender.

Despite several amendments to the Indian Act, the latest in 2010 in response to a ruling by the Court of Appeal for British Columbia, Quebec Superior Justice Chantal Masse found that it still discriminated against women and their descendants on the issue of registration or “Indian status.” The federal government has until January 2017 to amend the discriminatory provisions before they are declared invalid as an unjustifiable breach of the right to equality guaranteed by section 15 of the Charter.…

Canada Charter of Rights and Freedoms Crime Quebec Quebec Court of Appeal Rulings December 14, 2015

Tough on crime agenda suffers another blow

The federal government’s tough-on-crime agenda suffered another blow after the Quebec Court of Appeal ruled that a legislative amendment slipped into the 2012 omnibus bill that effectively ended mandatory parole board hearings following a suspension, termination or revocation of parole or statutory release was of no force in the province.

In a highly-anticipated ruling by the prison law community, the Quebec Court of Appeal held that the legislative change, a cost-savings measure expected to recoup $1.6 million, breached rights guaranteed under section 7 of the Canadian Charter of Rights and Freedoms. In a similar vein, the Supreme Court of Canada last year ruled that a federal law passed in 2011 that retroactively abolished accelerated parole review for offenders who had already been sentenced violates a person’s Charter right to not be punished again.

“The ruling is a warning to the federal government when it wants introduce legislative amendments that affect fundamental rights,” noted law professor Denis Lemieux.…

Charter of Rights and Freedoms Legal business Quebec Quebec Charter of Human Rights and Freedoms Quebec Superior Court Rulings July 22, 2015

Mandatory retirement age for municipal judges not discriminatory

Two municipal judges who sought to stay on the bench beyond the retirement age of 70 lost their legal battle after Quebec Superior Court held that a mandatory retirement age for provincially-nominated magistrates is not discriminatory and is necessary to preserve judicial independence.

But the ruling has not settled the issue of mandatory retirement age for provincially-nominated judges, according to Gérald Tremblay, former batonnier of the Quebec law society. Seven years ago, an Ontario Superior Court judge ruled that a law forcing justices of the peace in the province to retire at the age of 70 was a violation of equality rights guaranteed under the Canadian Charter of Rights and Freedoms.

Justice Strathy, now Chief Justice of the Ontario Court of Appeal, substituted – or “read in” – new provisions that allow justices of the peace to keep working until age 75, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, even though the official retirement age is 65.…

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Quebec seeking provincial court and municipal judge

The Quebec government is inviting lawyers on the roll of the Quebec Bar to submit their application as a Court of Quebec judge in Mont-Laurier, and a municipal judge in Ville de Saint-Georges. Deadline is May 31st. More information can be found here.

Call for papers

McGill University’s Faculty of Law and the Peter Mackell Chair in Federalism are original essay related to any aspect of federal theory or practice, by January 14, 2019. Comparative angles to federalism are particularly encouraged. More information can be found here.

In the same vein, McGill University's Faculty of Law, in conjunction with American Society of International Law International Economic Law Interest Group, the Canadian Council on International Law, and the Centre for International Governance Innovation, are seeking papers on Managing International Economic (Dis)Integration: Challenges and Opportunities. Information can be found here.

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.

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.