“The Quebec Court of Appeal in effect states that the principles behind Gladue and Ipeelee apply to groups other than Indigenous offenders,” noted Julie Blais-Quintal, a Montreal criminal lawyer
Quebec law faculties are ramping up research efforts to assess the impact pandemics may have on law and the practice of law.
A father who demanded that his 16-year old son hand in a copy of his passport as well as other personal documents learned the hard way that Charter-protected rights can trump parental authority.
A man issued a ticket for accusing a police officer of being a racist was acquitted, the latest in a series of cases dealing with racial profiling that wound its way through Quebec courts.
The Quebec appeal struck down a municipal bylaw that compelled organizers of public demonstrations to submit their plans and itinerary to city police, a landmark decision commended as a “genuine advance” on the “least judicially explored freedom” and the first decision by a Canadian appellate court that comprehensively examines the scope of the freedom of peaceful assembly (2c) as a separate Charter right.
It will take a healthy dose of political will, huge investments and nearly a generation for the Quebec government to implement the wide-ranging recommendations an inquiry that examined treatment of Indigenous people made to the province’s justice and correctional systems, according to legal experts.
A child in Quebec can legally only have two parents named in a birth certificate but that does not preclude a third person from parenting, ruled appeal court.
A mother of a three-year old child addicted to marijuana was denied shared custody after a Quebec court held that her cannabis consumption compromised her parental skills.
Nine months ago Amnesty International and Doctors of the World launched a joint petition to request health coverage for children born in Quebec whose parents are beset by a precarious immigration status.
The petition obviously went unheeded.
A pilot program that began six years ago to help Montreal alcoholics and drug addicts convicted of crimes from reoffending will be expanded across the province, announced Quebec Minister of Justice Stephanie Vallée.
Why it matters: The program, offered initially only to detainees while their cases were pending, will now be expanded to include people who are not detained while charged with a crime.
A City of Montreal bylaw that forced protesters to provide an itinerary to police ahead of time was struck down by the Quebec Court of Appeal after it ruled that it was arbitrary, excessive, and unreasonable.
Why it matters: The decision limits the discretionary powers a municipality can confer to police and sheds light on how the Charter protection of freedom of expression applies to demonstrations.