Law in Quebec

News about Quebec legal developments


Environmental law

  • At loggerheads over the fate of caribou: A look at the Species at Risk Act

    Ottawa and Quebec are not seeing eye-to-eye, again. With the fate of woodland caribous at stake, the federal government is flexing its muscles, and Quebec is far from happy.

    Woodland caribou, the iconic bellwether species that graces the reverse side of the Canadian 25-cent coin, are in peril.

    The North American subspecies of reindeer is also at the center of a heated tussle between Ottawa and Quebec, the third dispute in the past three years over a species at risk between the two orders of government, underscoring the tension that exists between federal and provincial jurisdiction in environmental protection. “It’s a shame to see this kind of tension between the provincial and federal governments, because everyone agrees that it’s first and foremost up to the provincial government to put in place sufficient measures to ensure adequate protection of biodiversity,” says Marc Bishai, a lawyer with the Quebec Environmental Law Centre in Montreal.

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  • Right to repair gathering momentum but Quebec stalling

    The right to repair is gathering momentum.

    So far, at least 25 U.S. states are expected to file repair bills. Across the Atlantic, France introduced a repairability index that compels manufacturers of five categories of electronic devices to rate the repairability of their products. More recently still, the European Commission recently opened a public consultation to gather stakeholders’ feedback on the upcoming proposal for a Directive on Sustainable Consumption of Goods — Promoting Repair and Reuse. Meanwhile in Australia, legislation was passed that requires car manufacturers to give parts, tools, and documentation to independent repair shops. (more…)

  • Justiciability a major hurdle for climate change lawsuits, assert legal experts

    A proposed climate change class action suit by a Montreal environment group against the federal government was denied certification by the Quebec Court of Appeal after it held that it was not justiciable, the latest in a series of climate change litigation cases that have been thwarted by the justiciability doctrine, prompting questions over the successful viability of using broadly framed Charter arguments in climate justice suits in Canada.

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  • Quebec river granted legal personhood, a first in Canada

    An internationally renowned whiteriver in Quebec was granted legal personhood, a first in Canada, in an effort to protect its ecosystems from future development following the adoption of two parallel resolutions by a local indigenous community and municipality, setting the stage for a similar effort for the St. Lawrence River.

    The initiative, part of a growing global movement that has taken root particularly in Ecuador and New Zealand, may beckon a paradigm shift in environmental law, may bolster the integration of Indigenous law into the Canadian legal system, and has the potential of transforming the legal concept of property, according to legal experts.

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  • Arctic freeze

    The Arctic Ocean, the smallest and shallowest of the world’s five oceans, is melting. Cursed by hostile weather and rough seas, the forbidding, remote and one of the least understood environments in the world is now beginning to open up under the weight of climate change. Navigation, not long ago unthinkable, is increasingly feasible. Large ships are beginning to explore the area in ways that Viking settlers and European merchants could only dream of.  Shrinking Arctic sea ice allowed last year a tanker carrying a cargo of liquefied natural gas to travel through the northern sea route for the first time without an icebreaker escort.

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Law in Quebec
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