Law in Quebec

News about Quebec legal developments


Criminal law

  • 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.

    In a ruling lauded by health and safety lawyers and one of the province’s largest unions, Court of Quebec Judge Pierre Dupras found Sylvain Fournier, an excavation contractor, guilty of criminal negligence causing death under section 220(b) of the Criminal Code and manslaughter or involuntary culpable homicide under section 222(5)(a) of the Criminal Code, which provides that a person commits culpable homicide when he causes the death of a human being, “by means of an unlawful act.”

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  • 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.

    In a ruling that will almost “certainly” be used by Quebec police forces as a wiretap procedural guideline, Quebec Superior Court Justice Éric Downs 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, according to criminal lawyers.

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  • 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.

    A five-member bench held that the Crown’s appeal was moot in the case of Sivaloganathan Thanabalasingham, charged with second-degree murder in July 2012 after his wife was found dead in the couple’s home with knife wounds to her neck in 2012, following his deportation on July 2017. He spent 56 months behind bars while awaiting trial, prompting Quebec Superior Court Justice Alexandre Boucher to stay the proceedings on April 2017. The Crown was in the process of appealing that decision when Thanabalasingham was ordered deported to Sri Lanka.

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  • Elderly pedophile to serve sentence in nursing home

    An elderly man who was found guilty of two counts of gross indecency will be allowed to serve his sentence of two years less one day of imprisonment in the community after the Quebec Court of Appeal held that it was “an exceptional case that required an exceptional solution.”

    In a decision welcomed by penal and elderly law experts, the Quebec Appeal Court yields pointed guidance over the sentencing of infirm elderly offenders at a time when Canada’s prison population is becoming greyer.

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

    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, partly because of language differences.

    In a ruling that was warmly embraced by criminal defense lawyers, the appeal court reiterated the importance of vigorously applying the concept of beyond a reasonable doubt, provided guidance over the use of video interrogations, highlighted the importance of judges responding to queries by juries, and chastised the trial judge over the confusing directives she gave over the mental state of the accused. All of which prompted more than one criminal lawyer to wonder why Quebec Superior Court Justice Carol Cohen, who usually handles civil cases, was handed such a high-profile criminal case.

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  • Suspected PlexCoin founder sentenced to two months in prison

    Dominic Lacroix, a Quebec City businessman believed by Quebec’s financial watchdog and the U.S. Securities and Exchange Commission to be behind PlexCorps, a controversial cryptocurrency start-up accused of fraudulently selling up to $15 million of tokens, was sentenced to two-month jail term and fined $10,000 for contempt of court.

    “The defendants fully understood the orders but intentionally and voluntarily disrgarded them,” said Quebec Superior Court Justice Marc Lesage in a 15-page ruling dated December 8th. “The Court finds that this is a case of exteme case of contempt and bad faith by the defendants.”

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  • U.S. SEC files charges against PlexCorps

    The U.S. Securities and Exchange Commission has obtained an emergency asset freeze against PlexCoin, a controversial “fast-moving” and “purported” initial coin offering (ICO) that has raised up to $15 million from thousands of investors since August 2017.

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  • 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.

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  • Quebec City businessman believed to behind PlexCoin found guilty of contempt of court

    Dominic Lacroix, a Quebec City businessman believed by Quebec’s financial watchdog to be behind the virtual currency PlexCoin, was found guilty of contempt of court.

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  • 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.

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  • 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.

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  • 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 a “pump and dump” scheme.

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  • Quebec financial watchdog raids offices of man prohibited from promoting PlexCoin

    The Quebec financial watchdog raided last week the offices of Dominic Lacroix, a Quebec City man who has been prohibited by a tribunal to promote and solicit investors for a new virtual currency called PlexCoin.

  • Quebec appeal court to hear appeals in two Jordan cases

    Nearly a year to the day when the Supreme Court of Canada issued its landmark Jordan ruling, the Quebec Court of Appeal announced that a five-judge panel will hear an appeal late this summer of a decision to stay a murder charge against a Sri Lankan refugee even though the accused has been deported back to his homeland.

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  • Delays in criminal trials cut by nearly half in Quebec

    A 20-year old man from Western Quebec who was accused of assault causing bodily harm while he was a teenager is the latest to have benefitted from a stay of proceedings due to unreasonable delays.

    More recently still, a week after Khalid Gakmakge was refused a stay for a 2011 murder he is accused of committing, a Sri Lankan man charged with killing his wife in Quebec five years ago has been deported after the charge against him was stayed because his constitutional right to a timely trial was delayed.

    Ever since the Supreme Court of Canada’s landmark R. v. Jordan decision a year ago, approximately 1,766 motions to stay because of unreasonable delays have been filed across the country, with 204 having been granted and 333 dismissed, according to figures obtained by Canadian Press. The remainder are either before the courts, forsaken by defence, or resolved on other grounds.

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Law in Quebec
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