Law in Quebec

News about Quebec legal developments


Legal business

  • Adjunct professors: Vital cogs of cash-strapped universities

    Michel Deschamps doesn’t have to teach. In much demand for his expertise in banking and finance and commercial law, the Montreal lawyer trots around the world giving conferences and participating in commercial law reform projects in the area of secured transactions when not taking care of his clients at the Montreal office of McCarthy Tétrault LLP.

    Yet for the past 37 years, Deschamps has been an adjunct professor at the Université de Montréal, teaching law students the complexities of banking law. Stellar pupils include the current dean of the Université de Montréal, and two generations of his family, including his daughter and his two sisters, one of whom is Supreme Court of Canada Justice Marie Deschamps.

    “It’s not as if I need the revenues from teaching to make a living but I continue to do it because I enjoy teaching and enjoy the exposure to students as they provide me with a window into perspectives of the coming generation,” said Deschamps, who seriously considered becoming an academic before being dissuaded by the dean of the faculty of law at his alma mater.

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  • Imposed settlement leaves bitter taste

    Days after the Quebec government enacted back-to-work legislation that compelled striking Crown prosecutors and government lawyers, a movement appears to be afoot to mollify the rancorous atmosphere reigning between the principle actors of the province’s justice system.

    It’s not going to be easy.

    Louis Dionne, director of criminal and penal prosecutions, met with Quebec’s chief prosecutors and assistant chief prosecutors, the majority of whom asked for reassignment in a show of support with striking lawyers, for a five-hour stretch in Quebec City. Dionne, who refused to grant the reassignments, described the meeting as being “constructive.” He also admitted that the Quebec Crown is in need of “oxygen.”

    But for many it’s too little, too late. The association representing Quebec crown prosecutors called for Dionne’s resignation, saying he should have spoken up during the labour conflict, and not after the back-to-work legislation was adopted. “Crown prosecutors do not understand, and are even angry, that their boss did not publicly come to their defence at a time when the Quebec criminal justice system was living through its worst crisis,” told me Christian Leblanc, the head of the Quebec crown prosecutors association.

    The imposed settlement has been harshly criticized by Quebec’s legal community. One lawyer told me that lawyers – and judges — are discouraged by the turn of events. Another said that, while he is optimistic by nature, he is pessimistic that things will get better, adding that successive Quebec governments have paid little heed to the administration of justice.

    In a letter to its 23,000 members, the head of the legal society the Barreau du Québec, said that the government has ruptured the bond of trust with public sector lawyers by enacting back-to-work legislation – a rebuke that a former Barreau administrator described as being too little, too late.

    Morale is low, and the repercussions will likely reverberate throughout the corridors of justice for quite some time. Unless the Quebec government has a change of heart and begins to seriously address issues that need to be grappled with, assert legal observers, the very same that say that it is not likely.

  • IFRS spells changes for insurance contracts

    When the Finance Department introduced new transitional measures just before the Christmas holidays, it was welcome relief for life insurers coming to grips with a new standard introduced by the International Accounting Standards Board.

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  • New Anti-Spam law prohibits everything except for exceptions

    The new anti-spam and anti-spyware legislation has such a broad reach and is so complex that organizations that conduct business online will need to reassess their business practices for sending commercial electronic messages or face stiff new penalties that can go up to $1 million for individuals and $10 million for corporations for each violation, according to experts.

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  • Top crown prosecutors resigning

    The high-stakes poker game has begun.

    The Quebec government is in the midst of tabling back-to-work legislation to end the two-week dispute with provincial crown prosecutors and government lawyers. It appears that Bill 135 will hand lawyers working in the public domain a six per cent increase until 2015, a far cry from the 40 per cent hike sought by crown prosecutors and government lawyers in order to attain parity with provincial and federal colleagues.

    In riposte, senior crown prosecutors are resigning from their management positions. Claude Chartrand, Quebec’s chief organized crime prosecutor, set the balling rolling when he tendered his resignation — and so far ten 40 out of of his 50 colleagues followed suit today. More are expected.

    In his letter of resignation to Louis Dionne, director of criminal and penal prosecutions, Chartrand said the province does not have enough prosecutors to proceed against 155 Hells Angels members charged with money laundering in the wake of Operation SharQC, a police crackdown on the biker gang. The SharQC legal team is composed of ten crown prosecutors, a figure that is supposed to be 16.

    In the meantime, the provincial legal society, Barreau du Quebec, has denounced the back-to-work legislation.

  • Doing business in China – With rewards comes risks

    When Montreal toy maker Mega Brands Inc. was awarded $1.3 million by Quebec Superior Court following a legal tussle with a Chinese supplier, it highlighted the perils of doing business abroad but also underscored the value of putting pen to paper a comprehensive, detailed and binding contract that clearly spells out the obligations of each party.

    Keen to strengthen ties with the world’s fastest-growing economic juggernaut, Canadian business all too often gloss over the risks and exposure of doing business with Chinese suppliers. Risk management is frequently eschewed, due diligence shirked, and contracts inadequately drafted.

    “What is so surprising is that in Canada even small business would not conceive of entering into a relationship without having a contract, yet when we go into China we lose our minds and don’t undertake the due diligence because we are so eager to have the business relationship,” observed Cyndee Todgham Cherniak, a leading lawyer in international trade.

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  • Quebec’s justice system paralyzed

    Exasperated that labour negotiations with the Quebec government are at a standstill, provincial crown prosecutors and government lawyers have joined forces to launch a general strike that will likely cripple the province’s justice system — unless there is a striking turnabout in the government’s seemingly unyielding stance.

    Asserting that they are the worst-paid in the country and woefully understaffed, making it all but impossible to recruit new staff and adhere to their code of professional conduct, members of the Quebec crown counsel association (APCPPQ) and the Association des juristes de l’État (AJE) recently voted overwhelmingly – a 90 per cent landslide — in favour of a general strike.

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  • Dodd-Frank Act – Americans mean business

    When General Electric Company agreed last August to pay US$23.4 million to settle charges laid by the United States Securities and Exchange Commission (SEC) for its involvement in a US$3.6 million kickback scheme with Iraqi government agencies to win contracts to supply medical and water purification equipment, it was the latest of an impressive long list of multinationals that paid the price of Washington’s newfound resolve to crack down on corporate bribery.

    The Americans now mean business. Largely dormant since becoming law in 1977, the U.S. Department of Justice (DOJ) and the SEC have over the past two years vigorously enforced the Foreign Corrupt Practices Act (FCPA), going so far as to launch sting operations while levying penalties unimaginable a couple of years ago.

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  • Law firms coming to grips with retirement issues

    The figures are stark. It is estimated that nearly 70 per cent of law firm partners are “baby boomers,” according to Hildebrandt International, an international legal consulting firm. In the United States, the latest figures reveal that approximately 400,000 lawyers will reach retirement age at some point within the next decade. Nearly a third of California’s 170,000 active attorneys are older than 55, and 21 per cent older than 60. Closer to home, 8,284 of its 22,500 members are over the age of 50, according to the latest figures from the Barreau du Québec. In Ontario, a startling 42 per cent of lawyer licensees, for a total of 17,850, are over the age of 50, reveals a demographic breakdown from the Law Society of Upper Canada.

    Yet though the median age in the profession has increased, with the youngest baby boomers expecting to reach the mid-50s and the oldest the early 70s by the year 2018, Canadian law firms are seemingly struggling to come to grips with the changing demographics and are slow, if not reluctant, to deal with retirement as a major firm issue, assert legal industry observers.

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  • Bad workplace habits

    Alisson Wolf, a certified executive coach, has always wondered why smart, talented, dedicated, and hard-working lawyers sometimes make such a mess out of management.

    The current business model in many private practice law firms, a high-pressure environment that fosters internal competition, feeds on low trust and demands top quality work churned out at a clip pace, may be partly to blame. The partnership arrangement that governs the legal world and its well-entrenched formula-based compensation system may be also at fault. With much current practice in firm governance, organization and compensation providing fodder for office politics, sources of conflict, and discord, it is hardly surprising that unseemly conduct sometimes arises.

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  • Bastarache commission: Respected counsel caught in the maelstrom

    The lead counsel who resigned from the Bastarache Commission after being caught in a maelstrom that raised doubts over his impartiality “deeply regrets” missing the opportunity to leave at the twilight of his career his imprimatur on the inquiry into alleged political interference in the nomination of judges.

    Barely a week after being appointed as the chief prosecutor by former Supreme Court justice Michel Bastarache, Quebec City lawyer Pierre Cimon bitterly submitted his resignation after becoming the target of intense scrutiny from the media and opposition in the legislature following revelations that he had regularly contributed to the Quebec Liberal Party. Between 2002 and 2007, Cimon made five donations ranging from $250 to $500 – far less than what he gives to the Barreau du Québec’s Foundation or his local parish.

    “I donate to the local parish even though I am not a churchgoer,” said Cimon. “I donate because I believe churches play an important social role. It doesn’t mean that I practice and believe in the church’s dogma or agree with Cardinal Marc Ouellet’s position that abortion should be criminalized. The same holds true for the donations I made to the Liberals. I am a federalist, and that was the only place I could donate.”

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  • The art of writing judgments

    When the Associate Chief Justice of the Quebec Superior Court André Wery was nominated to the bench in 1997, he considered he knew how to write well. Admitted to the Quebec Bar in 1975, he practiced for nearly 23 years in general and commercial litigation at the firm Desjardins Ducharme, and felt that he had honed his skills by writing hundreds of opinions and just as many briefs. “I must admit that I had quite a bit of confidence in my talent to write law,” admitted Justice Wery before a packed audience.

    But shortly after being nominated, the chief justice handed Judge Wery a bunch of documents including a small handbook entitled “Ēcrire la decision” (Writing judgments). Penned by Louise Mailhot, a lawyer who served as a Quebec Superior Court judge and then for a nine-year spell from 1987 to 2006 served on the Quebec Court of Appeal, the handbook has become “a must-have” for judges writing judgments, says Wery.

    While leafing through the handbook, “I began to hold doubts about the way I wrote,” said Wery “The more I read this small book, the more I doubted myself. Up to them I took great care in using abstruse expressions, the most abstruse possible. Probably because in a subliminal way I was trying to justify the fabulous fees that I was charging my clients, saying to myself that if the client doesn’t understand it then the client would say to himself it must be worth the price I’m paying.”

    Judge Wery then realized that he basically had to “start from zero,” and learn how to write again, an exercise he begun by asking himself who was he writing for. “Who we write for determines how we do it, what words we choose and the style we choose,” observed Justice Wery.

  • Plain language making inroads in Quebec

    In what appears to be a clear sign that the Quebec legal profession has begun to embrace the plain language movement, a guide aimed at lawyers written and published by the Barreau du Québec has proven to be so popular that the law society ran out of copies two days after making it available. (more…)

  • Class actions targeting law firms

    During a luncheon with colleagues recently, Eric Hoaken gave an informal presentation that turned out to be quite unappetizing as it raised the spectre of broader duties of care accompanied by prohibitive financial exposure and skyrocketing insurance costs for practitioners and law firms alike.

    In what appears to be the emergence of an unsettling development that has begun to attract the attention of the legal community, a series of class action suits armed with significant claims has waded its way through the Ontario courts, all of whom have named major law firms as defendants. In two of the three cases, the claims were brought by parties other than the clients of the law firm.

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  • Ruling may lead lawyers to think twice about expressing themselves

    Lawyers can put pen to paper to criticize the legal system so long as it done with objectivity, moderation and dignity ruled the Quebec Court of Appeal in an eye-opening judgment that may prove to be the last chapter in a sorry saga that witnessed a judge being reprimanded by his peers and a defense lawyer suspended for 21 days.

    But there are misgivings that the ruling may produce a chilling effect, prompting lawyers to consider twice before voicing their concerns about the legal system for fear of being reprimanded by their law society.

    “The ruling may lead to unease and possibly trigger a chilling effect because of the difficulties surrounding the appreciation over what constitutes criticism that is objective, moderate and dignified,” remarked Pierre Trudel, a law professor at the Université de Montréal. “By definition, a criticism is not objective. When criticizing, one does it beginning with a point of view. So it will probably incite lawyers to be even more prudent.” (more…)

Law in Quebec
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