Browsing Category

Crime

Quebec Court of Appeal comes down harder on pedophile

On December 2014 Cenan Rayo, a thirty-something Columbian native and the father of a ten-month old infant, sent an invitation on Facebook to a 12-year old girl to become his “friend.” Rayo, while not a family friend, knew the mother because they were part of a small Columbian community, and ran across each other in different places, including the local church.…

Court of Quebec Quebec Court of Appeal White-collar crimes May 19, 2018

Investment counsellor fined $2.1 million

Nearly 10 years after Quebec’s financial watchdog launched penal proceedings against an investment consultant, a Court of Quebec judge fined Denis Patry $2.1 million after being found guilty of 89 counts of securities violations.…

Barreau du Quebec Sanctions May 19, 2018

Montreal lawyer disbarred for 10 years for misappropriation

A Montreal lawyer disbarred for 10 years for misappropriation.…

Court of Quebec Criminal Code of Canada Criminal justice Quebec Rulings March 14, 2018

Employer found guilty of manslaughter following fatal work accident

A general contractor has been found guilty of manslaughter after one of his employees was killed by being buried in a trench, marking the first time in Quebec that a breach of provincial occupational health and safety legislation served as the basis for a manslaughter conviction under the Criminal Code.

Why it matters: It is extremely rare for employers to be charged with criminal negligence and manslaughter.

What's next: The contractor is scheduled to be sentenced in May. “I’m eagerly looking forward to the sentence – that’s where we will see what kind of message the courts will send,” said a health and safety lawyer. “If he ends up in prison, that to me will have much more of an impact than a guilty plea.”…

Crime Quebec Quebec Superior Court Rulings March 5, 2018

Failure to protect solicitor-client privilege leads to acquittal of alleged Mafiosi

Two alleged Montreal Mafia leaders were acquitted of gangsterism and drug trafficking charges after Quebec Superior Court excluded wiretap evidence gathered by a joint police task force because they failed to put in place sufficient measures to prevent the interception of conversations between lawyers and clients.

Why it matters: The decision provides guidance on electronic surveillance, castigates police for failing to do enough to protect solicitor-client privilege, and warns that it would be imprudent to view his ruling as an inducement to consider law firm as safe havens to conspire and plan crimes.…

Criminal justice Quebec Quebec Court of Appeal Rulings February 26, 2018

Quebec Court of Appeal provides comprehensive guidance over Jordan in two rulings

A Montreal man who was charged with killing his wife but whose case was the first Quebec murder case to be stayed following the landmark Jordan ruling will not face a new trial, the Quebec Court of Appeal ruled after issuing a concurrent and “very important” decision that clarifies and provides practical guidance on the application of the landmark Jordan decision.

Why it matters: The legal community is still grappling with the landmark Jordan ruling, and this is yet another effort to spell out clearer guidelines. Or as a criminal lawyer put it: “Jordan is going to be a continuous process, of refining and interpreting." …

Crime Quebec Quebec Court of Appeal Rulings December 14, 2017

Errors by trial judge prompts new trial for woman convicted of killing her two daughters

A Quebec woman, who was found guilty of first degree murder of her two young daughters in 2013, will face a new trial after the Quebec Court of Appeal found the trial judge made a series of glaring errors when instructing the jury.

What was said: “It is astonishing that the coordinating judge of the Superior Court handed the responsibility of such an important and difficult case to a judge whose management seemed to exceed her professional skills,” said a noted Montreal criminal lawyer.…

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.”…

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.…

Business Court of Quebec Quebec White-collar crimes August 10, 2017

Montreal man ordered to pay largest fine ever issued for Quebec securities offences

A Montreal man was fined $11.2 million, the largest fine ever issued in Quebec for securities offences, and sentenced to a three-month jail sentence for fraudulent penny stock practices commonly referred to as “pump and dump” scheme.

Jean-François Amyot is among one of five people and two companies that plead guilty to charges laid against them by the Quebec financial watchdog, Autorité des marchés financiers, nearly three years ago during a trial earlier this year.…

Older Posts →

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.