Category: Canadian Charter

Alleged Darknet Xanax Kingpin faces extradition

The “Darknet Xanax Kingpin,” ostensibly a Quebecer who allegedly sold over 15 million counterfeit Xanax tablets that were mainly exported to the United States, failed to thwart extradition proceedings against him after Quebec Superior Court dismissed his constitutional arguments.

Landmark ruling curbs arbitrary police stops in racial profiling case

An “obsolete” common law rule framed by a 1990 Supreme Court of Canada ruling and codified by the Quebec Highway Safety Code that allowed police to randomly conduct motor vehicle stops without cause was set aside by a landmark Quebec Superior Court decision that held it was in violation of the Canadian Charter and a “vector, even a safe harbour” for racial profiling against the Black community.

New labour relations legal landscape on the horizon following Appeal Court decision

A new legal landscape governing labour relations may be in the horizon in Quebec following a Court of Appeal decision that found that the provincial Labour Code breached the Canadian and Quebec Charters by prohibiting first-level managers from unionizing.

Quebec appeal court serves timely reminder over linguistic rights

The Quebec Court of Appeal served a timely reminder over the importance of linguistic rights after it ordered a new trial for a convicted drug trafficker whose right to be tried in English was violated.

Quebec Superior Court upholds secularism bill exempts English-language schools

Quebec’s controversial secularism law that bans religious symbols from being worn by government employees was largely upheld by Quebec Superior Court thanks to the provincial government’s use of the notwithstanding clause even though it disproportionately harms women, and particularly Muslim women.

Landmark ruling for trans rights

Quebec, once on the forefront of trans rights, is now joining the ranks of most Canadian jurisdictions after Quebec Superior Court declared unconstitutional several articles of the Civil Code of Quebec that discriminated against trans and non-binary people.

Landmark decision issued by Quebec appeal court over the freedom of peaceful assembly

The Quebec appeal struck down a municipal bylaw that compelled organizers of public demonstrations to submit their plans and itinerary to city police, a landmark decision commended as a “genuine advance” on the “least judicially explored freedom” and the first decision by a Canadian appellate court that comprehensively examines the scope of the freedom of peaceful assembly (2c) as a separate Charter right.

Municipal bylaw banning billboards is constitutional

Three of Canada’s biggest sign companies have six months to demolish dozens of billboards in a trendy Montreal borough after the Quebec Court of Appeal held that a municipal bylaw banning outdoor advertising panels represents a minimal infringement on freedom of expression.

Legislation that forced government lawyers and notaries back-to-work unconstitutional

A Quebec court ruling that declared unconstitutional a special law that forced provincial government lawyers and notaries to put a halt to the longest Canadian strike by public civil servants may give them much-needed ammunition to persuade the Quebec government to introduce binding arbitration, according to legal experts.

Landmark ruling on medically-assisted death may set the stage for further challenges

A landmark ruling that invalidated the “reasonably foreseeable” death clause of both the federal and Quebec laws on medically assisted dying may lay the groundwork for further legal challenges seeking to broaden its coverage, according to legal experts.

Quebec Appeal Court provides more guidance over Mr. Big operations

The Quebec Court of Appeal ordered a new trial for a Quebec man convicted of second degree murder after it held that an out-of-court statement he made was involuntary, evidence yielded by a Mr. Big kind of operation was inadmissible and the trial judge should have given more detailed instructions to the jury.