Law in Quebec

News about Quebec legal developments


Legislation

  • Provincial court judge exceeded limits of his jurisdiction, rules Quebec Appeal Court

    A controversial decision that ruled that a provision of the French language charter that calls for the “immediate and simultaneous” filing of English rulings into French cannot apply to criminal proceedings in the province was overturned by the Quebec Court of Appeal after concluding that the provincial court judge exceeded the limits of his jurisdiction.

    The ruling, a second clear-cut and related missive over the past year aimed at provincial court judges, reaffirms that Court of Quebec judges may declare a provision of a statute inoperative on constitutional grounds but only in proceedings before them, said legal experts. The Appeal Court also castigated in obiter Court of Quebec Judge Dennis Galiatsatos for “relying on pure hypotheticals and adjudicating with a flawed procedural framework.” But the decision does not delve into substantive issues that may be elicited from the constitutionality of section 10 of the Charter of the French Language (C.F.L), added pundits.

    “The Appeal Court could have been much more scathing of the judge but was careful not to go too far because otherwise it would tarnish the reputation of the judge,” noted Stéphane Beaulac, constitutional law professor at the Université de Montréal, specializing in language law, and of counsel at Dentons Canada in Montreal. “The case was really decided on the basis of the question of jurisdiction. Court of Quebec judges can make declarations, but not formal declarations of a general nature.”

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  • Backing down

    A controversial bill that was intended to overhaul the forest industry was jettisoned by the Quebec government, the second time the provincial government has backed down the past week after weeks of steadfast opposition.

    Bill 97, An Act mainly to modernize the forest regime, was touted as an effort to protect the jobs of forestry workers who are threatened by the tariff war with the U.S. It would have divided the province’s public forest land into three zones: conservation zones (protected from industrial logging), multi-purpose zones (recreational, Indigenous, and mixed-use activities) and forest development zones where the forestry industry is prioritized.

    “Bill 97 provides a streamlined and effective framework for stakeholders, while upholding the importance of sustainable development,” said Maïté Blanchette-Vézina, then Quebec Minister of Natural Resources and Forests.

    But the legislative proposal faced stiff opposition, from the get-go. Environmentalists, labour, hunting and fishing advocates as well as the Assembly of First Nations of Quebec and Labrador (AFNQL) and including the Innu, Atikamekw, and Algonquin First Nations vehemently opposed Bill 97.

    “This is a small victory, but above all, it is only the first step,” said the AFNQL on Facebook. “Now, words must turn into action. The government has the opportunity to co-construct, with all stakeholders, a truly sustainable forestry regime.”

    Bill 97 represented a clear violation of the rights of Indigenous peoples, asserts Karine Millaire, a constitutional and Indigenous law professor at the Université de Montréal. Bill 97 violates the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, which Canada has committed to implementing, says Millaire. The Supreme Court of Canada recently confirmed that UNDRIP “has real legal significance,” notes Millaire.

    The Quebec Environmental Law Centre said that Bill 97 risks causing “significant negative impacts” on biodiversity protection. “Several provisions of this bill are highly problematic, particularly those related to granting priority development zoning for forestry industries. In doing so, the government is compromising its ability to act in the public interest,“ warns executive director Geneviève Paul. ”This bill misses the mark and is a wasted opportunity to adopt forest management reform that would effectively address the serious and growing risks posed by climate change and biodiversity loss.”

    The Quebec Federation of Municipalities too denounced the bill as an effort to curb municipal powers in forest management. “This is a serious blow to municipal intervention powers on the territory, which is particularly incomprehensible,” said the organization in its official submission.

    The Quebec government also backed down from safety regulations that affected pool owners.

    Less than two weeks before the original Sept. 30 deadline, Municipal Affairs Minister Geneviève Guilbault announced that pool owners who have not yet complied with safety regulations requiring controlled access to outdoor pools have been given a one-year reprieve.

    A petition by Comité Citoyens Piscine, a citizen group advocating for pool owners, obtained more than 30,000 signatures in a petition calling for an extension of the regulation. The group denounced the high costs associated with securing a swimming pool, and the lack of clarity over the rules. According to a survey conducted by the group, homeowners who carried out the work without using the rear wall of their house within the pool enclosure spent an average of $10,980.

  • Labour under the gun, again

    The Quebec government is considering adopting legislation that would allow union members to opt out of contributing financially to union activities that “are not directly related to labour relations,” marking the second time in months the provincial government is trying clamp down on the labour movement.

    Last May the Quebec government assented Bill 89, An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out. The new law gives the Quebec Minister of Labour sweeping new powers to curb and limit strikes or lockouts by broadening the notion of essential services and granting the labour minister the power to refer labour disputes to an arbitrator. Critics have described the new law as a direct frontal attack on the constitutionally protected right to collective bargaining.

    Now the Quebec government is seeking to curb trade unions from mounting legal challenges. Quebec Premier François Legault has denounced the involvement of some unions in legal cases, notably the challenge to Quebec’s secularism law before the Supreme Court of Canada. The Fédération autonome de l’enseignement is a key appellant. “There is a problem, and we want to tackle it,” said Legault recently on the popular French-language television show “Tout le monde en parle.”

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  • Energy board commissioners lose key legal and political battles

    Quebec energy board commissioners have suffered major back-to-back legal and political losses after the Court of Appeal overturned a lower court decision that held they performed quasi-judicial functions and the provincial government passed a sweeping and controversial reform that fundamentally weakens the regulatory powers of the Régie de l’énergie.

    The Quebec government invoked closure in the wee hours of a weekend morning to fast-track a contentious energy bill that will introduce widespread changes to the way the province’s energy sector operates, giving Hydro-Québec free rein to increase its electricity production, with the utility expected to invest some $200 billion by 2025. Bill 69, introduced in June 2024 but passed with the addition of 52 amendments at the last minute without public consultation, allows Hydro-Québec to bypass tendering rules when awarding certain contracts.

    But most alarmingly for critics, the new law curbs the independent oversight imparted by the Régie de l’énergie, an economic regulatory administrative tribunal that oversees the energy sector in Quebec. The Régie, established in 1997, had up until the passage of Bill 69 the power to set the rates and conditions of services for Quebec electricity and natural gas consumers after holding public hearings. Under Bill 69, the provincial government has given itself the right to impose an annual cap on residential rates on the Régie, and that spells trouble for small and medium-sized businesses (SMEs), according to the Canadian Federation of Independent Business (CFIB). “The politicization of electricity rates” means that SMEs will be subsidizing lower electricity costs for other consumers, maintains the business group.

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  • Monday’s Medley – Issue 05

    Each Monday I intend to provide a potpourri of Quebec (and Canadian) legal developments. Issue 05 takes a brief look at calls to make lakes and river more accessible, rights of transgender inmates, and the frightful scheming of AI.

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  • Quebec legislative agenda raises concerns

    The Quebec government is on a disheartening roll.

    A series of legislative proposals introduced this year by the unpopular provincial government have dismayed First Nations, human rights advocates, labour organizations, legal actors and public figures over the dilution of long-standing rights, many of whom intend to mount legal challenges.

    In fact, it has already begun.

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  • Quebec legislative proposal to create Unified Family Tribunal panned by experts

    In its latest effort to revamp family law, Quebec introduced a bill that lays the groundwork to establish a unified family court to curb delays, simplify proceedings, and handle the majority of family legal proceedings, with an eye towards eventually stripping Superior Court of family matters, an undertaking family law experts have panned as ill-conceived and riddled with shortcomings as it is currently drafted.

    Bill 91, An Act establishing the Unified Family Tribunal within the Court of Québec, also contentiously introduces mandatory mediation for parents in civil or parental unions, judicial conciliation if mediation fails, and summary hearings to be held on the same day if conciliation efforts are unsuccessful.

    But family law pundits are far from impressed by the proposed legislation as it is weighed down by far too many glaring gaps that have yet to be addressed.

    “It’s a bill where not all the strings are attached — that’s the least that can be said about it,” remarked Michel Tétrault, author of several books on Quebec’s family law regime. Marie Annik Walsh, a Montreal family lawyer with Dunton Rainville and former president of the Quebec Association of Family Lawyers, also is disappointed by the legislative proposal, asserting that the Quebec government “did not think through all of the ramifications.” Law professor Valérie Costanzo, a big proponent of unified family law courts, is left wanting as the “unified family court at the moment is in name only.”

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  • Labour concerned about new bill that curbs and limit strikes

    The Quebec government tabled a bill that gives it sweeping new powers to curb and limit strikes or lockouts by broadening the notion of essential services and granting the labour minister the power to refer labour disputes to an arbitrator, proposals that critics have derided as nothing less than a direct frontal attack on the constitutional protected right to collective bargaining.

    The proposed legislation, lauded by business and decried by the labour movement, will amend Quebec’s Labour Code and introduce a wholly new and untested legal concept in labour relations. It also gives the government the power to adopt a decree to refer a labour conflict to the Administrative Labour Tribunal, and grants the provincial labour minister similar discretionary powers to those used by Ottawa to end work stoppages involving rail, port and postal workers last year.

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  • Quebec new integration plan for immigrants raises concerns

    The Quebec government tabled a “divisive” bill that proposes to integrate immigrants into a “common culture,” shelving a longstanding model of interculturalism and inclusiveness in favour of one that leans on assimilation, marking a shift will likely alienate ethnocultural communities rather than foster and strengthen ties to Quebec society, lament critics.

    Under Bill 84, An Act respecting national integration, Quebecers who are immigrants are expected to learn French, “participate fully” in French in Quebec society, enrich Quebec culture, embrace state secularism and equality between women and men, and adhere to “democratic values and Quebec values” expressed in particular by the Quebec Charter of Human Rights and Freedoms. The proposed legislation, pegged as a framework bill, contentiously stipulates that the provincial government “may determine the forms of financial assistance” that can be granted to legal persons or enterprises financed in part by one or more government agencies. Just as controversially, the bill proposes amendments to the Quebec Charter, notably its preamble and sections 9.1, 43 and 50.

    There is growing backlash against the bill. At least 30 former Quebec ministers and professors signed an open letter in the French-language newspaper Le Devoir chastising the provincial government for adopting an assimilationist or melting pot approach that represents a clear break with the model inherited from the Quiet Revolution. “Affirming the specificities of the Quebec approach is essential if we are to offer a credible and fair alternative to Canadian multiculturalism,” said the opinion piece, which was signed by five former Quebec provincial ministers of all political stripes. “In our view, the CAQuist initiative does not do this. On the contrary, the message it sends to immigrants will be detrimental to the project of a welcoming Quebec society.”

    “There are many things that bother me about Bill 84, above all its non-consensual nature,” said Louis-Philippe Lampron, a law professor and a human rights expert at the Université Laval and one of the signatories of the missive. There is a consensus in Quebec, added Lampron, that the tradition of Canadian multiculturalism, long controversial in the province, does not “fit” the Quebec model of managing diversity.

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  • Monday’s Medley – Issue 03

    Each Monday I will provide a potpourri of Quebec (and Canadian) legal developments. Issue 03 takes a brief look at a Quebec Appeal Court ruling that will delight discount brokers while irk consumers, Quebec’s latest effort to impose a nationalist culture, and decision that examines the notion of social profiling.

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  • Quebec strengthens Consumer Protection Act

    Quebec consumers will benefit from greater protections following the enactment of two related regulations that introduced a new regime of administrative monetary penalties and increased fines for non-compliance of the Consumer Protection Act.

    Under the new regime, Quebec’s consumer watchdog can now impose administrative monetary penalties for “objectively observable failures” to comply with the Act or the new Regulation respecting the Application of the Consumer Protection Act.

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  • Quebec law limits employers to request medical notes

    About one-third of working Canadians were asked by their employers to produce a sick note for a short-term absence at least once in the last year.

    That will largely be a thing of the past.

    Quebec, in an effort to curb doctors’ workloads by streamlining paperwork and unnecessary clinical visits, has joined the ranks of a growing number of provinces who are doing away with sick notes under some circumstances.

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  • Quebec discreetly issues directive that favours non-judicial treatment of simple drug possession

    Quebec criminal lawyers have welcomed a discreet directive issued without fanfare by the provincial Minister of Justice calling on Quebec’s Crown prosecutors to weigh public interest and the risk to public safety before prosecuting people suspected of simple drug possession for personal consumption.

    The circumspect directive, followed up a day later by new guidelines issued by the Quebec Director of Criminal and Penal Prosecutions (DCPC), is widely expected to help alleviate the logjams currently plaguing the provincial court system, according to criminal lawyers.

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  • Quebec forges ahead with advance MAID requests

    Quebec, weary of waiting for Ottawa to update the country’s Criminal Code, has given the green light to authorize certain early requests for medically assistance in dying.

    As of October 30, people suffering from a serious and incurable illness leading to an inability to consent to care, such as Alzheimer’s, will be able to submit an advance request for a medically assisted death before their condition leaves them unable to grant consent. This is the last provision to come into force in a bill adopted a year ago by the Quebec government that extends assisted dying (MAID).

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  • Right to data portability in effect in Quebec

    Organizations doing business in Quebec face new compliance obligations as the right to data portability came into force at the tail end of September, spelling the end of a one-year leniency period following the entry into force of Quebec’s sweeping overhaul of its privacy regime.

    This right, part of an international trend to give individuals more control over their own data, compels business and public bodies to provide individuals computerized personal data they hold on the person in a structured and commonly used technological format. Individuals may also request that their computerized personal information be disclosed to any person or body authorized by law to collect such information.

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Law in Quebec
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